2015 New York Laws
ENV - Environmental Conservation
Article 23 - MINERAL RESOURCES
Title 17 - (23-1701 - 23-1727) LIQUEFIED NATURAL AND PETROLEUM GAS
23-1721 - Hardship; petition and hearing; permit.

23-1721. Hardship; petition and hearing; permit.
1.  Any  person,  upon  a showing of hardship caused by the moratorium
  under subdivision one of section 23-1719 may petition the department for
  a review of the application of the moratorium to any  proposed  activity
  subject  to this title. This shall be by notice to the department of the
  activity proposed to be conducted, including the information related  to
  geographical  location, nature of proposed use, storage, transportation,
  or conversion, and proposed and projected amounts of  liquefied  natural
  or  petroleum  gas  proposed  to  be  used  or  handled  as  required in
  subdivision two of  section  23-1719  and  subdivision  two  of  section
  23-1717.
2.  Thereafter,  within thirty days after receipt of the petition, the
  department shall schedule a hearing upon thirty days' notice, to be held
  in accordance with the other requirements  of  paragraphs  d  and  e  of
  subdivision two of section 23-1719, insofar as applicable, and upon such
  further terms and conditions as it may establish.
3.  If  the  proposed  activity  is not contrary to the policy of this
  title, or of any  provision  thereof,  the  department  may  permit  the
  activity to continue during the moratorium, provided that permission may
  be  revoked  by  the department if its terms are violated, and provided,
  further, that any such hardship permit issued by the department shall be
  in addition to, and not in lieu of such certification as may be required
  by any municipality within  the  jurisdiction  of  which  such  proposed
  activity  will  be  undertaken. Cost of application and hearing shall be
  assessed against the applicant.