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SECTION 70-0117
Special provisions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 70
§ 70-0117. Special provisions.

1. (a) An applicant may submit simultaneously all applications for
permits associated with a proposed project in order to facilitate a
comprehensive project review.

(b) Except for good cause shown by the applicant, the department may
require an applicant to submit simultaneously any or all applications
for permits associated with a proposed project when, in the department's
judgment, it is necessary to facilitate a comprehensive review of the
project.

2. At any time during the review of an application for a permit or a
request by a permit holder for the renewal, reissuance, recertification
or modification of an existing permit, the department may request
additional information from the applicant or permit holder with regard
to any matter contained in the application or request when such
additional information is necessary for the department to make any
findings or determinations required by law. Such a request shall not
extend any time period for department action contained in this article.
Failure by the applicant or permit holder to provide such information
may be grounds for denial by the department of the application or
request.

3. Where there is a requirement pursuant to federal law for a
tentative determination or draft permit to be prepared prior to public
notice or hearing, the time within which the department shall make its
determination whether or not the application is complete shall be
extended by forty-five calendar days. This subdivision shall not apply
to applications for state pollutant discharge elimination system permits
for the discharge of sewage (as defined in section 17-0105 of this
chapter) only.

4. In conjunction with one or more applications for permits, the
department may, on request of an applicant undertake a conceptual review
of a proposed project evaluating the general approvability or
nonapprovability of a proposed project, including all proposed phases or
segments thereof, subject to the development and submission of more
detailed plans and information and such additional applications for
permits in the future as may be necessary. The department shall, in
rules and regulations, establish criteria and guidelines for the
conceptual review of proposed projects. The department shall establish,
in rules and regulations adopted pursuant to section 70-0107 of this
chapter, procedures governing the conceptual review of proposed
projects.

5. (a) Under the state pollutant discharge elimination system program
(article seventeen of this chapter), the department may issue a general
permit, upon application or on its own initiative, to cover ballast
discharges from vessels, including tankers, while moored in port which
(i) are within a stated geographical area, (ii) involve the same or
substantially similar type of operations, (iii) discharge the same types
of pollutants, (iv) require the same effluent limitations or operating
conditions, (v) require the same or similar monitoring, and (vi) which
will result in minimal adverse cumulative impacts.

(b) General permits can only be issued if the department determines
such discharges, by virtue of their nature and location, are more
appropriately controlled under a general permit than under individual
permits.

(c) Any general permit issued under this subdivision shall set forth
the conditions which shall apply to any discharge authorized by such
general permit.

(d) The department may require any person authorized by a general
permit to apply for and obtain an individual permit and the department
shall adopt rules and regulations specifying circumstances under which
an individual permit may be required.

(e) General permits shall be governed by the procedures set forth in
this article for the review of major projects and shall be subject to
the provisions of article seventy-two of this chapter.

6. (a) Under the state pollutant discharge elimination system program
(article seventeen of this chapter), the department may issue a general
permit, upon application or on its own initiative, to cover a category
of point sources of one or more discharges within a stated geographical
area which (i) involve the same or substantially similar types of
operations, (ii) discharge the same types of pollutants, (iii) require
the same effluent limitations or operating conditions, (iv) require the
same or similar monitoring, and (v) which will result in minimal adverse
cumulative impacts.

(b) General permits can only be issued for the following categories of
discharges, if, by virtue of their nature and location, the department
determines such discharges are more appropriately controlled under a
general permit than under individual permits:

(i) separate storm sewers or stormwater conveyance systems; or

(ii) less than ten thousand gallons per day of sewage effluent without
the admixture of industrial waste or other wastes; or

(iii) thermal discharges of less than one million gallons per day.

(c) Any general permit issued under this subdivision shall set forth
the conditions which shall apply to any discharge authorized by such
general permit.

(d) The department may require any person authorized by a general
permit to apply for and obtain an individual permit and the department
shall adopt rules and regulations specifying circumstances under which
an individual permit may be required.

(e) General permits shall be governed by the procedures set forth in
this article for the issuance of major permits.

7. Notwithstanding any other provision of law, the department shall
not charge any application fee or any other fee for any activity
undertaken pursuant to an adopt-a-park, shoreline or roadway program
pursuant to section two hundred seventy-seven of the general municipal
law.

8. (a) All persons required to obtain a permit from the department
pursuant to section 24-0701 of this chapter shall submit to the
department an application fee in an amount not to exceed the following:

(i) fifty dollars per application for a permit for a minor project as
defined in this article or modification to any existing permit issued
pursuant to section 24-0701 of this chapter;

(ii) fifty dollars per application for a permit for a residential
project defined as associated with one single family dwelling and
customary appurtenances thereto;

(iii) one hundred dollars per application for multiple family dwelling
and customary appurtenances thereto;

(iv) two hundred dollars per application for a permit for any other
project as defined in this article.

(b) All persons required to obtain a permit from the department
pursuant to section 25-0402 of this chapter shall submit to the
department an application fee in an amount not to exceed the following:

(i) two hundred dollars per application for a permit for a minor
project as defined in this article or modification to any existing
permit issued pursuant to section 25-0402 of this chapter;

(ii) nine hundred dollars per application for a permit for a project
as defined in this article.

(c) All fees collected pursuant to this subdivision shall be deposited
into the environmental protection fund pursuant to section ninety-two-s
of the state finance law.

9. Applicants for major projects. Applicants for major projects for
the regulatory programs of paragraphs (a), (f), (h), (i), (j), (k) and
(m) of subdivision 3 of section 70-0107 of this article shall be
required to demonstrate that future physical climate risk due to sea
level rise, and/or storm surges and/or flooding, based on available data
predicting the likelihood of future extreme weather events, including
hazard risk analysis data if applicable, has been considered.