New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter VI - General Regulations
Part 624 - Permit Hearing Procedures
Section 624.2 - Definitions

Universal Citation: 6 NY Comp Codes Rules and Regs ยง 624.2

Current through Register Vol. 46, No. 12, March 20, 2024

Whenever used, in this Part, unless otherwise expressly stated, the following terms will have the meanings indicated below. The definitions of this section are not intended to change any statutory or common law meaning of these terms, but are merely plain language explanations of legal terms.

(a) Adjudicatory hearing means a hearing, held pursuant to ECL section 70- 0119 or SAPA article 3, where parties may present evidence on issues of fact, and argument on issues of law and fact prior to the commissioner's rendering of a decision on the merits, but does not include legislative hearings.

(b) 'Administrative law judge' or 'ALJ' means the commissioner's representative who conducts the hearing.

(c) Amicus status means a person who is not otherwise eligible for party status but who is allowed to introduce written argument upon one or more specific issues.

(d) Applicant means the person who has applied for one or more permits from the department or the modification or renewal of such permit(s). In the case of a water supply rate dispute, the petitioning party shall be the applicant.

(e) Argument means opinions or viewpoints, as distinguished from evidence.

(f) Commissioner means the Commissioner of the Department of Environmental Conservation or the commissioner's designee.

(g) 'CPLR' means the Civil Practice Law and Rules.

(h) DEIS means the draft environmental impact statement prepared in response to the requirements of article 8 of the ECL.

(i) Delegated permit (as further defined under Part 621 of this Title) means a permit issued by the department which substitutes for a comparable permit required by Federal law and is recognized by the Federal agency responsible for administering the Federal program.

(j) Department means the Department of Environmental Conservation of the State of New York.

(k) 'Department staff' means those department personnel participating in the hearing, but does not include the commissioner, any personnel of the Office of Hearings and Mediation Services, the ALJ or any person advising or consulting with the commissioner or ALJ.

(l) 'Discovery' means disclosure of facts, documents, or other things that are known by or in the possession of a person and that are material and necessary to the person requesting the disclosure as a part of the requester's case.

(m) Draft permit means a document prepared by department staff which contains terms and conditions staff find are adequate to meet all legal requirements associated with such a permit, but is subject to modification as a result of public comments or an adjudicatory hearing.

(n) 'ECL' means the Environmental Conservation Law.

(o) ENB (Environmental Notice Bulletin) means the publication of the department published pursuant to section 3-0306 of the ECL, and accessible on the department's Internet web site at http://www.dec.state.ny.us.

(p) 'Evidence' means sworn or affirmed testimony of witnesses, and physical objects, documents, records or photographs that tend to prove or disprove the existence of an alleged fact.

(q) FEIS means the final environmental impact statement prepared pursuant to the requirements of article 8 of the ECL.

(r) Hearsay means a statement, other than one made by a witness testifying at the hearing, offered into evidence to prove the truth of the matter asserted.

(s) 'Interrogatories' means written questions regarding the proceeding that are served by a party on an adversarial party. Answers to interrogatories shall be in writing and made under oath.

(t) Legislative hearing means the portion of the hearing process during which unsworn statements are received from the public and the parties.

(u) Motion means a request for a ruling or an order.

(v) 'Office of Hearings and Mediation Services' means the office within the department principally responsible for conducting adjudicatory hearings and providing mediation services.

(w) 'Party' means any person granted full party status or amicus status in the adjudicatory portion of the hearing according to the procedures and standards set forth in section 624.5 of this Part but does not include the ALJ, the Office of Hearings and Mediation Services, or the commissioner.

(x) 'Permit' means any permit, certificate, license, registration or other form of department approval, other than an enforcement order, issued in connection with any regulatory program administered by the department.

(y) 'Person' means any individual, public or private corporation, limited liability company, bi-state authority, political subdivision, government agency, department or bureau of the State, municipality, industry, partnership, association, firm, trust, estate or any legal entity whatsoever.

(z) Potential party means any person who has filed a petition pursuant to section 624.5 of this Part whose petition has not received either final denial or acceptance.

(aa) Project means the physical activity or undertaking for which one or more permits are required from the department.

(bb) Protective order means an order denying, limiting, conditioning or regulating the use of material requested through discovery.

(cc) Relevant means tending to support or refute the existence of any fact that is of consequence or material to the commissioner's decision on a permit.

(dd) 'Report' means the ALJ's summary of the hearing record, including the ALJ's findings of fact, conclusions of law and recommendations for the commissioner's consideration.

(ee) 'SAPA' means the State Administrative Procedure Act.

(ff) 'SEQRA' means the State Environmental Quality Review Act, article 8 of the ECL.

(gg) 'Service' means the delivery of a document to a person by authorized means and, where applicable, the filing of a document with the ALJ, the Office of Hearings and Mediation Services or the commissioner.

(hh) Statement of intent to deny means a document prepared by staff which identifies the reasons why the permit(s) for the project may not be issued as proposed or conditionally.

(ii) Stipulation means an agreement between two or more parties to a hearing, and entered into the hearing record, concerning one or more issues of fact or law which are the subject of the hearing.

(jj) Subpoena means a legal document that requires a person to appear at a hearing and testify and/or bring documents or physical objects.

(kk) 'UPA' means the Uniform Procedures Act, article 70 of the ECL. Section 624.3 to subdivision 624.3(a) remain unchanged. Subdivisions 624.3(a) and 624.3(b) are amended to read as follows:

(a) 'When notice is required.' Unless otherwise provided by statute or regulation, the Office of Hearings and Mediation Services must publish notice of the hearing in the ENB, and provide notice to the applicant and to persons who have made written request to participate. The applicant must provide for and bear the cost of publication of the notice in a newspaper having general circulation in the area within which the proposed project is located. The notices in the ENB and the newspaper must be published at least once and not less than 21 calendar days prior to the hearing date. In the case of applications involving State Pollutant Discharge Elimination System (SPDES) permits, revisions to the State implementation plan, federally delegated air permits, and Hazardous Waste Management Facility (HWMF) permits, and Remedial Action Plans (RAPs), the notice must be published at least 30 days prior to the hearing date. In addition, public notice by means of radio is required for hearings on all HWMF permits or RAP applications. These requirements are minimums and the ALJ shall direct the applicant to provide additional notice or to provide the notice further in advance of the hearing where the ALJ finds it necessary to do so in order to adequately inform the potentially affected public about the hearing. Where the ALJ finds that a large segment of the potentially affected public has a principal language other than English, he or she shall direct the publication of the notice in a foreign language newspaper(s) serving such people. Nothing herein shall authorize the ALJ to delay the commencement of the hearing beyond the deadlines established in UPA without the applicant's consent.

(b) 'Required contents of notice.' The notice must be in the form specified by the Office of Hearings and Mediation Services and must contain the following information:

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