N.Y. Environmental Conservation Law § 70-0107: Rules and regulations; applicability

§ 70-0107. Rules and regulations; applicability.

1. The department, after public hearing, shall adopt rules and

regulations to assure the efficient and expeditious administration of

this article. Such rules and regulations shall include but not be

limited to provisions regarding notice, review, public participation and

public hearings.

2. Notwithstanding any inconsistent provisions of this chapter or any

rule or regulation of the department, the procedures provided in this

article and in rules and regulations adopted by the department pursuant

to subdivision one of this section shall govern the review by the

department of applications for permits for proposed projects and

modifications, suspensions, revocations, renewals, reissuances and

recertifications of permits under the regulatory programs of the

department specified in subdivision three of this section. Such

procedures shall also apply to any government entity to which the

commissioner has delegated powers to administer such programs pursuant

to section 3-0301 of this chapter, to the extent specified in such

delegation.

3. The following regulatory programs of this chapter shall be subject

to the procedures provided in this article:

(a) protection of waters (title five of article fifteen);

(b) water supply and water transport (title fifteen of article

fifteen);

(c) wild, scenic and recreational rivers system (title twenty-seven of

article fifteen), except for that part of article twenty-four

administered by the Adirondack park agency, which shall be subject to

the procedures provided in section eight hundred nine of the executive

law;

(d) certifications under section 401 of the federal water pollution

control act amendments of 1972 (public law 92-500) pursuant to article

three of this chapter;

(e) state pollutant discharge elimination system (title eight of

article seventeen);

(f) realty subdivisions: sewerage service (title fifteen of article

seventeen);

(g) air pollution control (article nineteen);

(h) liquefied natural and petroleum gas (title seventeen of article

twenty-three);

(i) mined land reclamation (title twenty-seven of article

twenty-three);

(j) freshwater wetlands (article twenty-four), except for that part of

article twenty-four administered by the Adirondack park agency, which

shall be subject to the procedures provided in section eight hundred

nine of the executive law;

(k) tidal wetlands (article twenty-five);

(l) collection, treatment and disposal of refuse and other solid waste

(article twenty-seven); and

(m) coastal erosion hazard areas (article thirty-four).