N.Y. Comp. Codes R. & Regs. Tit. 16 § 1000.7 - Publication and content of notices
(a) Publication of required notices shall be
satisfied by publication both in the newspaper(s) designated for publication of
official notices of each municipality in which the proposed or any alternative
location site required to be described in the application is located, and in
the newspaper of largest circulation in the county(ies) in which the proposed
or any such alternative location site is located, except that in the case of an
amendment or transfer of a certificate, the appropriate site is that of the
authorized facility. If the notice is intended to fulfill notice requirements
for permits to be issued by the DEC pursuant to Federal recognition of State
authority, or pursuant to federally delegated or approved authority, in
accordance with the Clean Water Act, the Clean Air Act and the Resource
Conservation and Recovery Act, and permits pursuant to section 15-1503, title 9
of article 27, and articles 17 and 19 of the ECL, DEC and the DEC regulations
should be consulted for additional requirements.
(b) No less than three days before the date
on which an applicant files the application, the applicant shall provide notice
to:
(1) all persons residing in each
municipality in which any portion of such facility is proposed to be located,
and in which any alternative location identified is located, and each other
municipality that would (absent PSL article 10) have approval authority with
respect to any aspect of the proposed facility, interconnections or related
facilities necessary to serve the proposed facility, by the publication of a
summary of the application, and the date on or about which it will be filed, in
such newspaper or newspapers, including local community and general circulation
newspapers, as will serve substantially to inform the public of such
application, in plain language, in English and in any other language spoken
according to United States census data by 5,000 or more persons residing in any
5-digit ZIP code postal zone in which any portion of such zone is located
within the study area for the facility. Notices published in languages other
than English shall be published in newspapers, if any are available, serving
the appropriate language community;
(2) each member of the State legislature in
whose district any portion of the facility is to be located as proposed or in
any alternative location listed; and
(3) persons who have filed a statement with
the secretary within the past 12 months that they wish to receive all such
notices concerning facilities in the area in which the facility is to be
located as proposed or in any alternative location listed.
(c) If the presiding examiner determines that
any language other than English not captured by paragraph (b)(1) of this
section is spoken by a significant population of persons residing in close
proximity to the proposed facility, alternative locations, interconnections or
related facilities and that notice in such additional languages is warranted
under the circumstances, the presiding examiner may require the applicant to
publish the notice and summary of the application in such additional
languages.
(d) Notices shall be:
(1) in display format; and
(2) in no smaller than 10 point type or, if
only smaller type is available, in the largest type that is
available.
(e) The
notice(s) shall include:
(1) a summary of the
application describing the proposed facility, its location, and the range of
potential environmental and health impacts of the construction and operation of
the facility and of each pollutant that will be emitted or discharged by the
facility;
(2) a map(s) at a size
and level of detail appropriate to substantially inform the public of the
location of the proposed site and any alternative location sites listed as
reasonable and available in the application, unless the publishing newspaper
determines that inclusion of a map is infeasible;
(3) the date on or about which the
application will be filed;
(4) a
statement that a copy of the application will be served on the chief executive
officer of each municipality in which any portion of a site required to be
shown pursuant to paragraph (2) of this subdivision;
(5) a statement that the application, when
filed, may be examined during normal business hours at the offices of the DPS
in Albany, NY, giving the address thereof, and at specified public locations in
the vicinity of the proposed site;
(6) text explaining the application and
review process including the funding process for municipal and local parties
and the availability of funds for municipal and local parties;
(7) text informing the public how and where
persons wishing to receive all notices concerning the proposed facility can
file a statement with the secretary to subscribe to receive such
notices;
(8) text explaining how to
access from the DPS website electronic documents concerning the board's review
of the proposed facility;
(9)
except where the applicant is a private applicant, a statement that PSL article
10 permits the board to authorize a location for the facility different from
the location(s) described in the notice;
(10) the names, addresses, telephone numbers
and e-mail addresses of a representative of the applicant and contact
information for the public information coordinator and DPS website;
(11) if a water quality certification
pursuant to section 401 of the Federal Clean Water Act will be requested from
the board as part of the application, a brief explanation of the reasons for
such request; and
(12) if a coastal
consistency concurrence is required by section 307 of the Federal Coastal Zone
Management Act, a brief explanation of the status of the applications for
Federal authorization and a DOS consistency determination.
(f) If an alternative to the applicant's
proposal that was not listed as reasonable and available in the application is
subsequently proposed by any party, the applicant shall give prompt notice of
such alternative, unless the presiding examiner rules that such alternative is
not reasonable and available or that further notice is unnecessary to
substantially inform the public of the location of the proposed alternative.
The notice shall include text and a map(s) at a size and level of detail to
substantially inform the public of the alternative (unless the publishing
newspaper determines that inclusion of a map is infeasible) and the name,
address, telephone number and the e-mail address of a representative of the
party proposing such alternative from whom further information can be
obtained.
(g) At any significant
point in the certification process, the presiding examiner may require the
applicant to publish a notice, as described in this section, containing
appropriate information, such as:
(1) a brief
description of the significant events in the certification proceeding that have
occurred and those that are expected to occur;
(2) a statement that the record of the
proceeding may be examined during normal business hours at the offices of the
DPS in Albany, New York, giving the address thereof, and, where the presiding
examiner has so required, at specified public locations in the vicinity of the
proposed site; and
(3) a statement
that any person may file comments for the board's consideration.
(h) The board, secretary or
presiding examiner may require an applicant to publish a notice of a public
hearing or oral argument in such newspaper(s) and at such times as will serve
to inform the general public of that hearing or oral argument.
(i) The applicant shall promptly notify the
presiding examiner or the secretary upon discovery of any inadvertent failure
of publication or service of a notice or application under this Subchapter. The
presiding examiner or the secretary shall take such action as may be necessary
to ensure fair treatment of a person aggrieved by such inadvertent
failure.
(j) If the presiding
examiner determines that any notice required in this section was not sufficient
to substantially inform potentially affected persons, the presiding examiner
shall specify any additional steps that are necessary.
(k) Prior to the publication of any notice
required by the board, the presiding examiner, the secretary, or these
regulations, the applicant may submit a copy of its proposed notice to the
secretary or to the presiding examiner for approval.
(l) The applicant shall promptly file with
the secretary proof of the publication of any required notice.
Notes
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