N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-2.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 128-2.4 - Emergency procedures

(a) Notwithstanding any other provision of this Subpart, where an expedited review and approval of a regulated activity is necessary to respond to an imminent threat to the health and safety of humans or animals, or to respond to a substantial imminent threat to property, an applicant seeking such review and approval shall notify the department by telephone at the office of the local representative listed in section 128-1.5 of this Part, and shall meet with the department within 24 hours. At the meeting the applicant shall present to the representative of the department such available information regarding the regulated activity as would otherwise be required in a written application for review and approval of the regulated activity. Additionally, the applicant shall provide an explanation of the nature of the imminent threat that necessitates the expedited review. The department shall review the information supplied by the applicant and shall issue a temporary determination to approve or disapprove the application within 24 hours of receipt of the information required by this subdivision.

(1) An applicant shall not be required to notify the department before undertaking the routine repair and maintenance of a subsurface sewage treatment system, including, but not limited to, the pump-out of a septic tank, the repair of a broken lateral, the leveling of a distribution box, or the removal of a blockage.

(b) An approval granted by the department pursuant to the emergency expedited review procedure shall be a temporary approval only, and shall not be considered to be a final approval of the department. The temporary approval may contain conditions and time limitations and shall be limited to whatever actions are necessary to abate the imminent threat. A final approval shall be issued by the department only after review and approval of a complete written application submitted in accordance with the procedures and standards set forth in subdivision (c) of this section, and any other applicable provisions of this Part.

(c) An applicant who has received a temporary approval for a regulated activity pursuant to the emergency expedited review procedure shall, within 20 days of such approval, submit a written application to the department containing all of the information required to be provided by these rules and regulations for the particular regulated activity.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-2.4