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) a determination by the
department staff to hold an adjudicatory hearing pursuant to section
621.8(b)
of this Title (on identification by department staff of substantive and
significant issues);
(2) a request
made by an applicant in conformance with the provisions of section
621.10(a)(1) and
(2) of this Title (based on department
staff's denial of permit or attachment of significant conditions);
(3) a determination made by department staff
to hold an adjudicatory hearing pursuant to section
621.15(f)
of this Title (conceptual review);
(4) a request made by an applicant in
conformance with the provisions of section
621.11(g)
of this Title (based on department staff's denial or conditioning of a permit
in response to an application to renew or modify);
(5) a request made by a permittee in
conformance with the provisions of section
621.13(d)
of this Title (based on department staff's proposed modification, suspension or
revocation of a permit); except, 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, an order or
permit, as defined herein, issued by the department. In such cases the
provisions of Part 622 of this Title govern;
(6) any circumstance comparable to those set
forth in paragraph (1), (2), (3), (4) or (5) of this subdivision which arises
out of any permit, as defined herein, that is not subject to ECL article 70 or
Part 621 of this Title. The circumstances where this Part applies include, but
are not limited to, permits for aquatic pesticide applications, the
registration of pesticides, oil and gas well spacing variances, oil facility
certifications and water supply rate disputes.
(b) The provisions of this Part do not apply
to the conduct of legislative hearings except those that are included in a
notice of hearing issued pursuant to section
624.3 of this
Part.
(c) 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.
(d) The provisions of this Part
apply to those proceedings in which the determination to hold an adjudicatory
hearing was made on or after the effective date [January 9, 1994] of these
regulations.
