N.Y. Environmental Conservation Law § 70-0116: Emergency authorization

§ 70-0116. Emergency authorization.

1. The department may waive the procedural requirements of this

article to issue an emergency authorization for an action which is

immediately necessary to respond to an emergency.

2. Emergency authorization may be given only if the department makes a

finding of emergency. Such emergency authorization may be issued for a

term not to exceed thirty days. It may be renewed for one term not to

exceed thirty days. On or before sixty days from the department's

original approval, the action must be concluded or the authorized party

must file with the department a complete application for a permit and be

subject to all the procedural requirements of this article.

3. The department must be notified prior to the commencement of the

action. If circumstances warrant immediate action by a state or local

government agency such that prior notice to the department is not

possible, then the department must be notified by that agency within

twenty-four hours after commencement of the action. In any event, the

department must respond by either granting or denying emergency

authorization within two business days of its receipt of such notice.

4. Actions taken pursuant to a grant of emergency authorization must

be carried out in a manner that will cause the least change,

modification or adverse impact to life, health, property or natural

resources. The department may attach conditions to its emergency

authorizations and shall enforce them in order to assure compliance with

this and other regulatory standards that would apply to such actions

absent an emergency.

5. The department may require plans or any other information it deems

necessary to review the proposed action to determine whether emergency

authorization is warranted and whether the proposed action is consistent

with regulatory standards.

6. The department shall issue an order summarily suspending an action

taken before the grant of an emergency authorization if the department

finds that no emergency exists or the department shall issue an order

suspending an emergency authorization if the department finds that the

action is no longer immediately necessary to protect life, health,

property or natural resources. Such action shall be ceased immediately

upon receipt of such order by the authorized party.

7. (a) Violations will be enforced pursuant to article seventy-one of

this chapter.

(b) A person who violates any provision of this section or any term or

condition of an emergency authorization shall also be required to

perform restoration, mitigation, or elimination of environmental damage,

which is necessary as a direct result of that action. In the event that

such person fails to undertake such work, the department or its agent

may enter upon the lands and waters where the action took place and

perform restoration or other activities which may be necessary to

mitigate or eliminate environmental damage caused by such action. Should

the department undertake such work, or cause it to be undertaken, the

full cost for it shall be charged to and become the responsibility of

the person who conducted the action.

8. The provisions of this section and the regulations promulgated

hereunder shall apply notwithstanding any inconsistent provision of law.