N.Y. Environmental Conservation Law § 29-0503: State agency actions on licenses, permits, or approvals for low-level radioactive waste management facilities

§ 29-0503. State agency actions on licenses, permits, or approvals for

low-level radioactive waste management facilities.

1. With respect to any particular permanent disposal facilities, all

applications for state licenses, permits, or other approvals required

for those facilities shall be submitted contemporaneously to the

respective state agencies with jurisdiction to grant such licenses,

permits, or other approvals; and shall be accompanied by a draft

environmental impact statement for those facilities and a list

identifying each state license, permit, or other approval for which such

applications have been submitted and the jurisdictional state agency for

such license, permit, or other approval.

2. Notwithstanding any other provision of law, all applications to a

single state agency for required state licenses, permits, or other

approvals for particular low-level radioactive waste management

facilities shall be consolidated by such state agency and considered in

a single proceeding, which shall be completed as expeditiously as

possible.

3. All state agencies to which applications for required licenses,

permits, or other approvals for particular low-level radioactive waste

management facilities have been submitted shall keep each other informed

of the procedural status of such applications and the proceedings

thereon.

4. With respect to the proceedings on applications for required state

licenses, permits, and other approvals for particular low-level

radioactive waste management facilities:

a. If any such license, permit, or other approval for the particular

low-level radioactive waste management facilities in question is within

the jurisdiction of the department, the department shall be the lead

agency with respect to environmental review of all applications to state

agencies for such licenses, permits, or other approvals.

b. No later than thirty days after submission to the lead agency and

other state agencies of such applications, the lead agency and each such

other state agency shall give notice to the applicant that such

applications within their respective jurisdictions have been determined

to be complete or have been determined to be incomplete; provided,

however, that when there is a requirement pursuant to federal law for a

tentative determination or draft permit to be prepared prior to public

notice or hearing, the time within which the agency shall make its

determination whether or not the application is complete shall be

extended by thirty days. If any such application has been determined to

be incomplete, such notice shall include a detailed list of specific

deficiencies in such application.

c. No later than sixty days after the lead agency and other

jurisdictional state agencies have made their respective determinations

that such applications within their respective jurisdictions are

complete, the lead agency shall begin public hearings on the draft

environmental impact statement and all other matters related to such

applications. Any state agency, other than the lead agency, which

determines to conduct public hearings with respect to any action or

proceeding before it on such applications shall conduct such public

hearings jointly with the public hearings conducted by the lead agency

with respect to such facilities. The department shall hold an issues

conference prior to the commencement of the hearing. At least one

hearing shall be held at a reasonably convenient location in the general

geographic vicinity of each of the proposed sites.

d. No later than one hundred fifty days after the commencement of such

hearings for any low-level radioactive waste management facilities, such

hearings and the period for the receipt of any written comments,

arguments, or analyses with respect to matters raised in such hearings

shall have been completed.

e. No later than ninety days after completion of such hearings and the

period for the receipt of written comments, arguments, or analyses with

respect to matters raised in such hearings, the lead agency shall issue

a final environmental impact statement related to the applications which

were the subject of such hearings. In addition to any other information

otherwise required for a final environmental impact statement, such

statement shall include:

(i) Copies of the minutes of the public hearings held on the draft

environmental impact statement associated with a state agency action on

a license, permit, or approval for a low-level radioactive waste

management facility, and the department's responses to the views,

comments, information and recommendations thereon; and

(ii) A listing providing a brief description, identification, or

reference for each report, study, or other document relied upon by the

department for information supporting its analyses or conclusions.

f. The lead agency shall keep each other state agency before which any

such application is pending informed of the progress of its development

of the final environmental impact statement. Immediately upon issuance

of the final environmental impact statement, the lead agency shall

deliver a copy to each such other state agency. No later than thirty

days after the issuance of such final environmental impact statement,

the lead agency and each such other state agency shall issue their

decisions with respect to such licenses, permits, and other approvals

with any reasonable modifications or conditions which the lead agency,

and each such other state agency, respectively, finds required in

accordance with the provisions of law and regulations applicable to its

respective action or proceeding. Each agency shall publish notice in the

state register of its decision with respect to such licensing or other

approval. Each such decision shall be based upon the administrative

record for the respective action or proceeding.

5. In any action or proceeding of the department or any other state

agency on any application for a required state license, permit, or other

approval for any low-level radioactive waste management facilities,

including any related draft or final environmental impact statement

proposed or submitted in connection with such application, the following

matters as determined by statute or certified pursuant to section

29-0105 of this article shall not be in issue:

a. the need for such facilities or the alternative of no action;

b. the site or sites of such facilities;

c. for permanent disposal facilities, the disposal methods to be

utilized;

d. the nature or type of facilities as specifically required or

authorized by statute; and

e. the classes of waste which may be stored or disposed of at such

facilities.