Current through Register Vol. 46, No. 12, March 20, 2024
(a) This Part is
applicable to hearings conducted by the department arising out of the following
circumstances, and supersedes any inconsistent regulations except to the extent
explicitly noted:
(1) all administrative
enforcement proceedings brought pursuant to the Environmental Conservation Law
(ECL) or other laws administered by the commissioner;
(2) any proceeding brought pursuant to ECL
71-0301 (summary abatement) or ECL 71-1709 and 71-1719 (summary action) except
to the extent inconsistent with the provisions of Part 620 of this
Title;
(3) any proceeding brought
pursuant to State Administrative Procedure Act (SAPA) section 401(3);
(4) any proceeding brought pursuant to ECL
15-0507 or ECL 15-0511 (dam safety);
(5) any proceeding brought pursuant to ECL
27-1313 (inactive hazardous waste disposal site remedial programs) unless
superseded by Part 375 of this Title;
(6) a request for a hearing made by a
permittee pursuant to provisions of section
621.13
of this Title (permit modifications, suspensions or revocations by the
department) or any other department initiated modification, suspension or
revocation providing notice and the opportunity to be heard consistent with
section
621.13
of this Title, where the basis for modification, suspension or revocation is
founded on matters which, in whole or in substantial part, constitute a
violation of the ECL, its implementing regulations or an order or permit, as
defined herein, issued by the department;
(7) any expedited proceeding brought pursuant
to paragraph 613-5.4(a)(3) (petroleum delivery prohibition) of this Title
except to the extent inconsistent with the provisions of that
paragraph;
(8) proceedings on
termination of appointment pursuant to Parts 183 and 184 of this Title and
denial of state operation and maintenance aid for municipal sewage treatment
plants; and
(9) any other
proceeding that is either enforcement or disciplinary in character.
(b) The provisions of this Part do
not apply to the determination of disputed environmental regulatory program
fees and penalties that are assessed pursuant to ECL Article 72. Enforcement
proceedings arising out of a failure to comply with a final determination as to
the fees and penalties issued pursuant to procedures set forth in ECL Article
72 or its implementing regulations are governed by this Part.
(c) Provisions of this Part apply to those
proceedings commenced on or after the effective date of these
regulations.