N.Y. Environmental Conservation Law 23-1711 – Permit processing
§ 23-1711. Permit processing.
Terms Used In N.Y. Environmental Conservation Law 23-1711
- Department: means the department of environmental conservation. See N.Y. Environmental Conservation Law 23-0101
- Gas: means all natural, manufactured, mixed, and byproduct gas, and all other hydrocarbons not defined as oil in this section. See N.Y. Environmental Conservation Law 23-0101
- Liquefied natural or petroleum gas facility: means any structure or facility which is used for the storage or confinement of liquefied natural or petroleum gas, or for the conversion of liquefied natural or petroleum gas into natural gas. See N.Y. Environmental Conservation Law 23-1705
- Permit: means an environmental safety permit issued by the department pursuant to this title. See N.Y. Environmental Conservation Law 23-1705
- Person: means any individual, corporation, partnership, association, cooperative or otherwise, trust or estate, governmental agency, authority, public benefit corporation, municipality or agency thereof, board or commission, or other public or private legal entity. See N.Y. Environmental Conservation Law 23-1705
1. Any person desiring to construct, reconstruct, enlarge the storage capacity or, if constructed but unused, put into actual use and operation a liquefied natural or petroleum gas facility in the state shall obtain a permit pursuant to this section.
2. Notice of any public hearing conducted in connection with any environmental safety permit shall be published in at least two newspapers having a general circulation in the area in which the proposed activity is located, and in contiguous areas potentially affected by the proposed action.
3. The department shall render a decision based upon the record either granting the permit, denying it, or granting it upon such terms, conditions, limitations, or modifications thereof as the department may deem appropriate. The department shall deny a permit if residential areas and contiguous populations, will be endangered, or it otherwise does not conform to the siting criteria established for liquefied natural or petroleum gas facilities, or the department finds that the facility is not necessary, or is otherwise not in the public interest to be approved.