Section 29-0105. Certification of site and disposal method selection


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  • 1.  Upon  application  by the commission, the department shall certify
      that the commission's selection of the site or sites and disposal method
      or methods pursuant to section 29-0305 of this article is in conformance
      with the applicable siting  criteria  promulgated  pursuant  to  section
      29-0103  of  this title; shall certify that, with modifications proposed
      by the department, the  selection  would  be  in  conformance  with  the
      applicable  siting  criteria;  or shall refuse to certify such selection
      and shall specify the manner in which such selection fails to  meet  the
      applicable  siting  criteria.  Such  certification or refusal to certify
      shall be based  upon  the  record.  The  department  shall  hold  public
      hearings  with  respect  to the draft environmental impact statement and
      with respect to the application for  certification.  Such  hearings  and
      such  certification  or refusal to certify shall be completed within one
      hundred eighty  days  of  the  commission's  submission  of  a  complete
      application for certification.
        2.  The  department  shall publish in the state register notice of its
      decision on the application for certification of the site  and  disposal
      method selection.
        3.  The  department's decision on the application for certification of
      the site and  disposal  method  selection  and  the  accompanying  final
      environmental  impact  statement shall be submitted by the department to
      the governor, the legislature, and the chairman of the  New  York  state
      energy  research  and  development  authority.  In addition to any other
      information  otherwise  required  for  a  final   environmental   impact
      statement, such statement shall include:
        a.  copies  of  the  minutes  of  the public hearing held on the draft
      environmental impact statement on siting and disposal  method  selection
      and  of recommendations from the advisory committee established pursuant
      to section 29-0501 of this article, and the  department's  responses  to
      the views, comments, information, and recommendations therein; and
        b.  a  listing  providing  a  brief  description,  identification,  or
      reference for each report, study, or other document relied upon  by  the
      department for information supporting its analyses or conclusions.