N.Y. Comp. Codes R. & Regs. tit. 6 § 624.3

Current through Register Vol. 46, No. 39, September 25, 2024

Section 624.3 - Notice of Hearing

(a) 'When notice is required.' Unless otherwise provided by statute or regulation, the Office of Hearings and Mediation Services must publish notice of any public comment hearing or issues conference in the ENB, and provide notice to the applicant and to persons who have made written request to participate. The applicant must provide for and bear the cost of publication of the notice in a newspaper having general circulation in the area within which the proposed project is located. The notices in the ENB and the newspaper must be published at least once and not less than twenty-one (21) days prior to the public comment hearing or issues conference date. In the case of applications involving SPDES permits, revisions to the State implementation plan, federally delegated air permits, Hazardous Waste Management Facility (HWMF) permits, and Remedial Action Plans (RAPs), the notice must be published at least thirty (30) days prior to the public comment hearing or issues conference date. In addition, public notice by means of radio is required for public comment hearings or issues conferences on all HWMF permits or RAP applications. These requirements are minimums and the ALJ will direct the applicant to provide additional notice or to provide the notice further in advance of the public comment hearing or issues conference where the ALJ finds it necessary to do so in order to adequately inform the potentially affected public about the public comment hearing or issues conference. Where the ALJ finds that a large segment of the potentially affected public has a principal language other than English, the ALJ will direct the publication of the notice in a foreign language newspaper(s) serving the affected public. Nothing in this subdivision authorizes the ALJ to delay the commencement of the public comment hearing or issues conference beyond the deadlines established in UPA without the applicant's consent. At the discretion of the ALJ or where required by law, notice of an evidentiary hearing will be published pursuant to this subdivision or as otherwise directed by the ALJ.

(b) 'Required contents of notice.' The notice must be in the form specified by the Office of Hearings and Mediation Services and must contain the following information:

(1) the date of issuance of the notice of hearing or issues conference, and the date of the notice of complete application;

(2) the date, time, location and purpose of the public comment hearing or issues conference. The location should be in the town, village or city in which the project is located, as reasonably near the project site as practicable, depending upon the availability of suitable facilities. However, at the discretion of the ALJ, another location, including a public comment hearing or issues conference conducted by video conference, telephone conference, or other similar service allowing for attendance from remote locations, may be selected upon request of the public, parties or witnesses, upon good cause shown, or upon the ALJ's own initiative. Such a public comment hearing or issues conference is deemed to be located in the town, village or city in which the project is located provided that members of the public located in the municipality are provided reasonable access to the hearing or issues conference, and in the case of a public comment hearing, the public has the ability to participate;

(3) the name and address of the applicant or permittee;

(4) the permits, approvals or action sought together with citations to applicable statutes and regulations;

(5) a description of the project;

(6) the accessibility and location for review of the permit application and related documents, and a list of the available application materials, including, if available at the time of issuance of the notice of hearing, department staff's permit, draft permit or notice of intent to deny;

(7) the status of the action under SEQRA and, where the department is lead agency pursuant to SEQRA and Part 617 of this Title and a DEIS has been prepared, the accessibility and location for review of the DEIS, and an indication that comments on the DEIS may be received at the public comment hearing;

(8) instructions for filing a petition for party status (see generally section 624.5 of this Part); and

(9) other notices required pursuant to any delegated permit program.

(c) 'Optional contents.' The notice may also specify the matters of concern to the department and the public.

(d) 'Service on specific persons.' Not less than twenty-one (21) days prior to the public comment hearing or issues conference date, individual copies of the notice must be sent to the chief executive officer of any municipality in which the project is located and any other person the department deems to have an interest in the application. In the case of applications for delegated permits, as defined by Part 621 of this Title, notice of the type specified in this section must be sent to those persons specified in subdivision 621.7(a) of this Title not less than thirty (30) days prior to the public comment hearing or issues conference date. The ALJ will direct the applicant to provide notice further in advance of the public comment hearing or issues conference to those persons specified in this subdivision where the ALJ finds it necessary to do so in order to adequately inform them about the public comment hearing or issues conference.

Nothing in this subdivision authorizes the ALJ to delay the commencement of the public comment hearing or issues conference beyond the deadlines established in UPA without the applicant's consent.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 624.3

Adopted New York State Register August 21, 2024/Volume XLVI, Issue 34, eff. 8/21/2024