N.Y. Environmental Conservation Law § 70-0115: Permit modifications, suspensions, revocations, renewals, reissuances and recertifications

§ 70-0115. Permit modifications, suspensions, revocations, renewals,

reissuances and recertifications.

1. Upon the provision of notice stating the grounds for its action and

giving an opportunity for hearing to the permit holder, the department

may modify, suspend or revoke a permit.

2. A permit holder may make written request to the department for the

renewal, reissuance, recertification or modification of an existing

permit. Such a request shall be accompanied by sufficient information

supporting the request for the departmental action sought.

(a) In the case of a request (i) which does not involve a material

change in permit conditions, then applicable law, environmental

conditions or technology since the date of issuance of the existing

permit, or (ii) for which an opportunity for public comment or hearing

or both is not required by applicable law, the department shall on or

before fifteen calendar days after the receipt of a request mail a

written determination to the permit holder of its decision on the

request. If the decision is to deny the request, the permit holder shall

be afforded an opportunity for hearing and notice of such decision shall

be given by the department in the next available issue of the

environmental notice bulletin.

(b) In the case of a request which may involve a material change as

described in paragraph (a) of this subdivision, or for which an

opportunity for public comment or hearing or both is required by

applicable law, the department shall on or before fifteen calendar days

after the receipt of a request mail a written determination to the

permit holder that the request shall be treated as an application for a

new permit.

(c) In the case of a request for the renewal, reissuance,

recertification or modification of an existing state pollutant discharge

elimination system permit issued in lieu of a national pollutant

discharge elimination system permit the request shall be treated as an

application for a new permit. Any other request may be treated as an

application for a new permit.

(d) In the case of a request for the renewal, reissuance,

recertification or modification of an existing permit issued pursuant to

article nineteen of this chapter, the request may be treated as an

application for a new permit.

If, pursuant to paragraph (a) or (b) of this subdivision, the

department fails to mail a written determination to the permit holder

within such fifteen calendar day period, then the provisions of

paragraph (b) of subdivision three of section 70-0109 of this chapter

shall apply.