2006 New York Code - Filing Of Application For Certificate; Docketing; Convening Of Board.

 
    §  18-107. Filing of application for certificate; docketing; convening
  of board.  1. Any person seeking to establish  or  operate  a  temporary
  nuclear  waste  repository  shall  file an application for a certificate
  with the commissioner. Copies of such application  shall  be  served  on
  each  municipality  within which the facility is proposed to be situated
  or operated, as well as with any other governmental agency specified  in
  subdivision  two  or  three  of  section  18-103  of this article having
  jurisdiction. Such application shall meet requirements of section 18-109
  of this article. Such application shall be accompanied by a  deposit  of
  three  hundred  thousand  dollars,  which  shall be used by the board to
  defray its expenses; provided, however, that upon the termination  of  a
  proceeding  under this article, any unexpended balance shall be returned
  to the applicant.
    2. Within sixty  days  after  the  receipt  of  an  application  filed
  pursuant  to  this section, the commissioner shall determine whether the
  application complies with section 18-109 of this article.  If  he  finds
  that  the  application  does  not  so  comply,  he  shall  so inform the
  applicant.
    3. Notwithstanding paragraphs one or two of  section  18-107,  upon  a
  determination that an application is sufficiently complete for the board
  to  make  a  decision on the findings in section 18-111 the commissioner
  shall transmit a copy of the application to the commissioner of  health,
  and  shall  transmit  to  the  governor,  the temporary president of the
  senate  and  the  speaker  of  the  assembly,  notification   that   the
  application  has  been  filed  seeking  a  certificate  pursuant to this
  article, and that a board will be convened pursuant to the provisions of
  this article.
    4. The  commissioner shall transmit to  each  of  the  municipalities,
  agencies  and  persons  required  to  receive  a copy of the application
  pursuant to section 18-103 of this article or subdivision three of  this
  section,  a  notice  stating  that the application has been docketed and
  stating the time and place of the first  meeting  of  the  board,  which
  shall be not more than forty-five days after the date of such notice.
    5. Upon receipt of notice from the commissioner convening a board, the
  temporary  president of the senate and the speaker of the assembly shall
  each designate one person to be appointed by the governor  to  serve  on
  the board.