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This entry was published on 2023-01-06
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SECTION 70-0107
Rules and regulations; applicability
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 70
§ 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 June 28, 2023

* 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. Such rules and regulations shall also include the form
and content of an existing burden report which shall, at a minimum,
include baseline monitoring data collected in the affected disadvantaged
community within two years of the application for a permit or approval
and shall identify: (a) each existing pollution source or categories of
sources affecting a disadvantaged community and the potential routes of
human exposure to pollution from that source or categories of sources;
(b) ambient concentration of regulated air pollutants and regulated or
unregulated toxic air pollutants; (c) traffic volume; (d) noise and odor
levels; (e) exposure or potential exposure to lead paint; (f) exposure
or potential exposure to contaminated drinking water supplies; (g)
proximity to solid or hazardous waste management facilities, wastewater
treatment plants, hazardous waste sites, incinerators, recycling
facilities, waste transfer facilities and petroleum or chemical
manufacturing, storage, treatment or disposal facilities; (h) the
potential or documented cumulative human health effects of the foregoing
pollution sources; (i) the potential or projected contribution of the
proposed action to existing pollution burdens in the community and
potential health effects of such contribution, taking into account
existing pollution burdens.

* NB Effective June 28, 2023

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).