N.Y. Environmental Conservation Law § 70-0109: Time periods for department action on permit applications

§ 70-0109. Time periods for department action on permit applications.

1. (a) On or before fifteen calendar days after the receipt of an

application for a permit which has been filed in a manner and in a form

prescribed by the department, the department shall mail written notice

to the applicant of its determination whether or not the application is

complete.

(b) If the department fails to mail written notice to an applicant of

its determination whether or not an application is complete within such

fifteen calendar day period, the application shall be deemed complete.

(c) If the department determines the application is not complete, the

notice shall include a concise statement of the respects in which the

application is incomplete.

(d) The resubmission of the application or the submission of such

additional information shall commence a new fifteen calendar day period

for department review of the additional information for purposes of

determining completeness.

(e) If the department determines the application is complete, the

notice shall so state.

2. (a) Immediately upon determining that an application is complete,

the department shall cause a notice of application to be published in

the next available environmental notice bulletin which shall be not

later than ten calendar days after the date of such determination and

not less than once during the fifteen calendar day period following such

determination in a newspaper having general circulation in the area in

which the project is proposed to be located, and shall provide notice to

the chief executive officer of each municipality in which the proposed

project is located, and may direct the applicant to provide such

reasonable notice and opportunity for comment to the public as the

department deems appropriate. Newspaper publications shall be provided

by the applicant.

(b) The time period for public comment on a permit application shall

be stated in the notice of application.

3. (a) Within the time periods specified in subparagraphs (i) and (ii)

of this subdivision and subject to the provisions of subdivisions four,

five and six of this section, the department shall make a decision on an

application for a permit by mailing the applicant a permit, a permit

with conditions or a statement that the permit applied for has been

denied.

(i) In the case of an application for a permit for which no public

hearing has been held, such decision shall be mailed on or before ninety

calendar days after the department mails written notice to the applicant

that the application is complete or on or before ninety calendar days

after the application is deemed complete pursuant to the provisions of

this article.

(ii) In the case of an application for a permit for which a public

hearing has been held, the department shall mail its decision to the

applicant and to all parties to the hearing on or before sixty calendar

days after receipt by the department of a complete record, as that term

is defined in paragraphs (a) through (e) of subdivision one of section

three hundred two of the state administrative procedure act.

(b) If the department fails to mail a decision on an application for a

permit within the time periods specified, the applicant may cause notice

of such failure to be made to the department by means of certified mail

return receipt requested addressed to the commissioner. If, within five

working days after the receipt of such notice, the department fails to

mail a decision, the application shall be deemed approved and a permit

deemed granted subject to any standard terms or conditions applicable to

such a permit. However, no permit shall be deemed approved where such

permit is issued in lieu of a federal permit pursuant to an

authorization granted to the state pursuant to either Public Law 94-580,

the "Federal Resource Conservation and Recovery Act of 1976", or Title V

of Public Law 101-549, the "Clean Air Act", and where the issuance of a

permit in such a manner is contrary to such authorization.

4. The time periods for a department decision on an application for a

permit as specified in subdivision three of this section shall be

suspended pending receipt by the department of any final environmental

impact statement and any explicit findings related to a proposed project

as may be required pursuant to article eight (environmental quality

review) of this chapter when the department is not the lead agency as

that term is used in rules and regulations adopted by the department

pursuant to section 8-0113 of said article.

5. The department shall make no decision and no permit shall be deemed

granted until the applicant has paid all applicable fees and costs.

6. Any time period specified in this article may be waived and

extended for good cause by written request by the applicant with the

consent of the department, or by the written request of the commissioner

or his designee with the consent of the applicant.