N.Y. Environmental Conservation Law § 70-0117: Special provisions

§ 70-0117. Special provisions.

1. (a) An applicant may submit simultaneously all applications for

permits associated with a proposed project in order to facilitate a

comprehensive project review.

(b) Except for good cause shown by the applicant, the department may

require an applicant to submit simultaneously any or all applications

for permits associated with a proposed project when, in the department's

judgment, it is necessary to facilitate a comprehensive review of the

project.

2. At any time during the review of an application for a permit or a

request by a permit holder for the renewal, reissuance, recertification

or modification of an existing permit, the department may request

additional information from the applicant or permit holder with regard

to any matter contained in the application or request when such

additional information is necessary for the department to make any

findings or determinations required by law. Such a request shall not

extend any time period for department action contained in this article.

Failure by the applicant or permit holder to provide such information

may be grounds for denial by the department of the application or

request.

3. Where 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 department shall make its

determination whether or not the application is complete shall be

extended by forty-five calendar days. This subdivision shall not apply

to applications for state pollutant discharge elimination system permits

for the discharge of sewage (as defined in section 17-0105 of this

chapter) only.

4. In conjunction with one or more applications for permits, the

department may, on request of an applicant undertake a conceptual review

of a proposed project evaluating the general approvability or

nonapprovability of a proposed project, including all proposed phases or

segments thereof, subject to the development and submission of more

detailed plans and information and such additional applications for

permits in the future as may be necessary. The department shall, in

rules and regulations, establish criteria and guidelines for the

conceptual review of proposed projects. The department shall establish,

in rules and regulations adopted pursuant to section 70-0107 of this

chapter, procedures governing the conceptual review of proposed

projects.

5. (a) Under the state pollutant discharge elimination system program

(article seventeen of this chapter), the department may issue a general

permit, upon application or on its own initiative, to cover ballast

discharges from vessels, including tankers, while moored in port which

(i) are within a stated geographical area, (ii) involve the same or

substantially similar type of operations, (iii) discharge the same types

of pollutants, (iv) require the same effluent limitations or operating

conditions, (v) require the same or similar monitoring, and (vi) which

will result in minimal adverse cumulative impacts.

(b) General permits can only be issued if the department determines

such discharges, by virtue of their nature and location, are more

appropriately controlled under a general permit than under individual

permits.

(c) Any general permit issued under this subdivision shall set forth

the conditions which shall apply to any discharge authorized by such

general permit.

(d) The department may require any person authorized by a general

permit to apply for and obtain an individual permit and the department

shall adopt rules and regulations specifying circumstances under which

an individual permit may be required.

(e) General permits shall be governed by the procedures set forth in

this article for the review of major projects and shall be subject to

the provisions of article seventy-two of this chapter.

6. (a) Under the state pollutant discharge elimination system program

(article seventeen of this chapter), the department may issue a general

permit, upon application or on its own initiative, to cover a category

of point sources of one or more discharges within a stated geographical

area which (i) involve the same or substantially similar types of

operations, (ii) discharge the same types of pollutants, (iii) require

the same effluent limitations or operating conditions, (iv) require the

same or similar monitoring, and (v) which will result in minimal adverse

cumulative impacts.

(b) General permits can only be issued for the following categories of

discharges, if, by virtue of their nature and location, the department

determines such discharges are more appropriately controlled under a

general permit than under individual permits:

(i) separate storm sewers or stormwater conveyance systems; or

(ii) less than ten thousand gallons per day of sewage effluent without

the admixture of industrial waste or other wastes; or

(iii) thermal discharges of less than one million gallons per day.

(c) Any general permit issued under this subdivision shall set forth

the conditions which shall apply to any discharge authorized by such

general permit.

(d) The department may require any person authorized by a general

permit to apply for and obtain an individual permit and the department

shall adopt rules and regulations specifying circumstances under which

an individual permit may be required.

(e) General permits shall be governed by the procedures set forth in

this article for the issuance of major permits.

7. Notwithstanding any other provision of law, the department shall

not charge any application fee or any other fee for any activity

undertaken pursuant to an adopt-a-park, shoreline, roadway or lake

program pursuant to section two hundred seventy-seven of the general

municipal law.

8. (a) All persons required to obtain a permit from the department

pursuant to section 24-0701 of this chapter shall submit to the

department an application fee in an amount not to exceed the following:

(i) one hundred dollars per application for a modification to any

existing permit issued pursuant to section 24-0701 of this chapter;

(ii) three hundred dollars per application for one new single family

dwelling and customary appurtenances thereto;

(iii) five hundred dollars per application for multiple new single

family dwellings, or a new multiple family dwelling and customary

appurtenances thereto;

(iv) one thousand dollars per application for new commercial or

industrial structures or improvements;

(v) one hundred dollars per application for a permit for any other

project as defined in this article.

(b) All persons required to obtain a permit from the department

pursuant to section 25-0402 of this chapter shall submit to the

department an application fee in an amount not to exceed the following:

(i) three hundred dollars per application for a permit for a minor

project as defined in this article or modification to any existing

permit issued pursuant to section 25-0402 of this chapter;

(ii) two thousand dollars per application for subdivision of land or

new commercial or industrial structures or improvements;

(iii) one thousand dollars per application for a permit for a project

as defined in this article.

(c) Fees collected pursuant to paragraph (a) of this subdivision shall

be deposited to the credit of the conservation fund. Fees collected

pursuant to paragraph (b) of this subdivision shall be deposited to the

credit of the marine resources account of the conservation fund.

(d) Application fees required pursuant to this subdivision will not be

required for any state department.

9. Applicants for major projects. Applicants for major projects for

the regulatory programs of paragraphs (a), (f), (h), (i), (j), (k) and

(m) of subdivision 3 of section 70-0107 of this article shall be

required to demonstrate that future physical climate risk due to sea

level rise, and/or storm surges and/or flooding, based on available data

predicting the likelihood of future extreme weather events, including

hazard risk analysis data if applicable, has been considered.