N.Y. Environmental Conservation Law § 23-1721: Hardship; petition and hearing; permit

§ 23-1721. Hardship; petition and hearing; permit.

1. Any person, upon a showing of hardship caused by the moratorium

under subdivision one of section 23-1719 may petition the department for

a review of the application of the moratorium to any proposed activity

subject to this title. This shall be by notice to the department of the

activity proposed to be conducted, including the information related to

geographical location, nature of proposed use, storage, transportation,

or conversion, and proposed and projected amounts of liquefied natural

or petroleum gas proposed to be used or handled as required in

subdivision two of section 23-1719 and subdivision two of section

23-1717.

2. Thereafter, within thirty days after receipt of the petition, the

department shall schedule a hearing upon thirty days' notice, to be held

in accordance with the other requirements of paragraphs d and e of

subdivision two of section 23-1719, insofar as applicable, and upon such

further terms and conditions as it may establish.

3. If the proposed activity is not contrary to the policy of this

title, or of any provision thereof, the department may permit the

activity to continue during the moratorium, provided that permission may

be revoked by the department if its terms are violated, and provided,

further, that any such hardship permit issued by the department shall be

in addition to, and not in lieu of such certification as may be required

by any municipality within the jurisdiction of which such proposed

activity will be undertaken. Cost of application and hearing shall be

assessed against the applicant.