US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§ 70-0107. Rules and regulations; applicability.
  * 1.  The  department,  after  public  hearing,  shall adopt rules and
regulations to assure the efficient and  expeditious  administration  of
this  article.  Such  rules  and  regulations  shall  include but not be
limited to provisions regarding notice, review, public participation and
public hearings.
  * NB Effective until December 30, 2024
  * 1. The department, after  public  hearing,  shall  adopt  rules  and
regulations  to  assure  the efficient and expeditious administration of
this article. Such rules  and  regulations  shall  include  but  not  be
limited to provisions regarding notice, review, public participation and
public hearings.
  * NB Effective December 30, 2024
  2.  Notwithstanding any inconsistent provisions of this chapter or any
rule or regulation of the department, the procedures  provided  in  this
article  and in rules and regulations adopted by the department pursuant
to subdivision one of this  section  shall  govern  the  review  by  the
department  of  applications  for  permits  for  proposed  projects  and
modifications,  suspensions,  revocations,  renewals,  reissuances   and
recertifications  of  permits  under  the  regulatory  programs  of  the
department  specified  in  subdivision  three  of  this  section.   Such
procedures  shall  also  apply  to  any  government  entity to which the
commissioner has delegated powers to administer such  programs  pursuant
to  section  3-0301  of  this  chapter,  to the extent specified in such
delegation.
  3. The following regulatory programs of this chapter shall be  subject
to the procedures provided in this article:

(a) protection of waters (title five of article fifteen);

(b) water supply and water transport (title fifteen of article fifteen);

(c) wild, scenic and recreational rivers system (title twenty-seven of article fifteen), except for that part of article twenty-four administered by the Adirondack park agency, which shall be subject to the procedures provided in section eight hundred nine of the executive law;

(d) certifications under section 401 of the federal water pollution control act amendments of 1972 (public law 92-500) pursuant to article three of this chapter;

(e) state pollutant discharge elimination system (title eight of article seventeen);

(f) realty subdivisions: sewerage service (title fifteen of article seventeen);

(g) air pollution control (article nineteen);

(h) liquefied natural and petroleum gas (title seventeen of article twenty-three);

(i) mined land reclamation (title twenty-seven of article twenty-three);

(j) freshwater wetlands (article twenty-four), except for that part of article twenty-four administered by the Adirondack park agency, which shall be subject to the procedures provided in section eight hundred nine of the executive law;

(k) tidal wetlands (article twenty-five);

(l) collection, treatment and disposal of refuse and other solid waste (article twenty-seven); and

(m) coastal erosion hazard areas (article thirty-four).