N.Y. Comp. Codes R. & Regs. tit. 6 § 621.14

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

Section 621.14 - Special provisions

(a) Any time period specified in this Part may be extended for good cause, by mutual written consent of the applicant and the department. The EPA must be notified in those cases where a proposed extension will exceed the time periods established in Federal regulation. This provision does not supersede the requirement that the public can request judicial review in State court if a title V permit is not issued within 18 months of the date that an application is complete.

(b) At any time during the review of an application for a new permit, modification, or renewal, the department may request in writing any additional information which is reasonably necessary to make any findings or determinations required by law. Such a request must be explicit and must indicate the reasonable date by which the department is to receive the information. Failure to provide such information by the date specified in the request may be grounds for permit denial.

(c) The department may issue general permits to allow work to eliminate damage caused by natural disasters or extraordinary weather not unique to a particular locality, including repair or replacement in location and in kind of facilities which existed prior to the damage. Processing of such permits need not follow the full procedural requirements of this Part.

(d) General permits may also be issued by the department for projects that are determined not to have a significant impact on the environment under SEQR, and that have been subjected to the full procedural requirements of this Part for major projects. General permits under the SPDES program and the air pollution control program in accordance with Part 201 of this Title may be issued for regulated activities for which the department determines that all the requirements of this subdivision have been met.

(e) The department may require as a condition to a permit, and prior to commencement of work, that the permittee post a bond or other financial assurance acceptable to the department of specified amount with the department. This is to ensure faithful compliance with the terms of the permit and is used for the indemnification of the State for any costs which might result from failure to so comply. The bond or other financial assurance shall remain in effect until the work is completed to the satisfaction of the department.

(f) Where this Part requires exchange of written materials within specified time periods, postmark dates shall satisfy the requirements, when not otherwise specifically provided.

(g) Pursuant to Article 3 of the State Technology Law, the Electronic Records and Signatures Act, documents required under this Part may be transmitted and received by electronic means. For purposes of this Part, the receipt date of an electronic record shall be the date received on any business day from midnight to 4:45 p.m., or the next business day if received any other time. Where written materials are specified in this Part, an electronic record may be considered the equivalent of a written record.

(h) The department may issue a research, development, and demonstration permit, where program regulations provide for such consideration, for any facility which proposes to utilize an innovative and experimental technology or process for which permit standards have not been promulgated. This permit must include terms and conditions to assure protection of human health and the environment. Research, development, and demonstration permits are subject to the following provisions:

(1) Variances from permit application and issuance requirements of this Part may be granted by the department, except there may be no variance from any provisions requiring public participation.

(2) Such permits may be issued for a period not to exceed one year and may not be renewed more than three times, with each renewal period not to exceed one year. Experimental permits may be revoked when it is determined by the department to be necessary to protect human health and the environment.

(3) These permit applications are subject to all other procedural requirements of this Part.

(i) Applications treated as new pursuant to this Part shall be subject to the review procedures of this Part, including determinations of completeness, determinations whether to conduct a hearing, and any other provisions applicable to new applications. Applications treated as new will be considered major, unless specifically listed or described as minor under this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 621.14

Amended New York State Register November 9, 2016/Volume XXXVIII, Issue 45, eff. 11/9/2016

Amended New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 12/26/2023