2010 New York Code
ENV - Environmental Conservation
Article 70 - (70-0101 - 70-0121) UNIFORM PROCEDURES
70-0117 - Special provisions.

§ 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  approved  by  the  state  environmental  board,
  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.