N.Y. Environmental Conservation Law § 70-0119: Public hearings

§ 70-0119. Public hearings.

1. After evaluating an application for a permit and any comments of

department staff, other state agencies or units of government or members

of the public, the department shall, on or before sixty calendar days

after it mails notice to the applicant that the application is complete

or on or before sixty days after the application is deemed complete

pursuant to the provisions of this article, determine whether or not to

conduct a public hearing on the application and mail written notice to

the applicant of a determination to conduct a public hearing. Such

determination shall be based on whether the evaluation or comments raise

substantive and significant issues relating to any findings or

determinations the department is required to make pursuant to this

chapter, including the reasonable likelihood that a permit applied for

will be denied or can be granted only with major modifications to the

project because the project as proposed may not meet statutory or

regulatory criteria or standards; provided, however, where any comments

received from members of the public or otherwise raise substantive and

significant issues relating to the application and resolution of any

such issue may result in denial of the permit or the imposition of

significant conditions thereon, the department shall hold a public

hearing on the application.

2. If a public hearing is to be held, it shall commence 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. Reasonable notice of the hearing shall be

given to the applicant and to persons who have made written request to

participate in it and notice to the public shall be given by publication

of a notice of hearing in the environmental notice bulletin, in a

newspaper as otherwise required by law, and in such other manner as the

department may direct, if any.

3. The department may require an applicant to pay the cost of renting

a hearing room and of preparing a transcript associated with a public

hearing conducted pursuant to this article. Prior to commencing a public

hearing pursuant to this article, the department may require an

applicant to post a bond or other suitable undertaking to assure payment

of such costs.

4. When an applicant has submitted applications for one or more

permits associated with a project and more than one public hearing is

required, including public hearings pursuant to article eight of this

chapter, said public hearings shall be consolidated into a single public

hearing at the request of the applicant wherever practicable. Public

hearings associated with a project shall also be consolidated or held

jointly with one or more other state or local agencies, whenever

practicable.

5. Public hearings pursuant to this article shall be conducted as

provided in rules and regulations adopted by the department pursuant to

section 70-0107 and as provided in the state administrative procedure

act.