Section 70-0107. Rules and regulations; applicability  


Latest version.
  • 1.  The  department,  after  public  hearing,  shall  adopt  rules and
      regulations to assure the efficient and  expeditious  administration  of
      this  article.  Such  rules  and  regulations  shall  include but not be
      limited to provisions regarding notice, review, public participation and
      public hearings.
        2. Notwithstanding any inconsistent provisions of this chapter or  any
      rule  or  regulation  of the department, the procedures provided in this
      article and in rules and regulations adopted by the department  pursuant
      to  subdivision  one  of  this  section  shall  govern the review by the
      department  of  applications  for  permits  for  proposed  projects  and
      modifications,   suspensions,  revocations,  renewals,  reissuances  and
      recertifications  of  permits  under  the  regulatory  programs  of  the
      department   specified  in  subdivision  three  of  this  section.  Such
      procedures shall also apply  to  any  government  entity  to  which  the
      commissioner  has  delegated powers to administer such programs pursuant
      to section 3-0301 of this chapter,  to  the  extent  specified  in  such
      delegation.
        3.  The following regulatory programs of this chapter shall be subject
      to the procedures provided in this article:
        (a) protection of waters (title five of article fifteen);
        (b) water  supply  and  water  transport  (title  fifteen  of  article
      fifteen);
        (c) wild, scenic and recreational rivers system (title twenty-seven of
      article   fifteen),   except   for  that  part  of  article  twenty-four
      administered by the Adirondack park agency, which shall  be  subject  to
      the  procedures  provided in section eight hundred nine of the executive
      law;
        (d) certifications under section 401 of the  federal  water  pollution
      control  act  amendments of 1972 (public law 92-500) pursuant to article
      three of this chapter;
        (e) state pollutant  discharge  elimination  system  (title  eight  of
      article seventeen);
        (f)  realty  subdivisions:  sewerage service (title fifteen of article
      seventeen);
        (g) air pollution control (article nineteen);
        (h) liquefied natural and petroleum gas (title  seventeen  of  article
      twenty-three);
        (i)   mined   land   reclamation   (title   twenty-seven   of  article
      twenty-three);
        (j) freshwater wetlands (article twenty-four), except for that part of
      article twenty-four administered by the Adirondack  park  agency,  which
      shall  be  subject  to  the procedures provided in section eight hundred
      nine of the executive law;
        (k) tidal wetlands (article twenty-five);
        (l) collection, treatment and disposal of refuse and other solid waste
      (article twenty-seven); and
        (m) coastal erosion hazard areas (article thirty-four).