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To: scion who wrote (806)5/26/2010 7:06:01 PM
From: scionRead Replies (1) | Respond to of 53574
 
UPA Time Frames

dec.ny.gov

The Uniform Procedures Act requires DEC to act in the following time frames:

Minor Projects:

DEC must make a permit decision on minor projects within 45 days of determining the application complete.

Major Projects

If no hearing is held, DEC makes its final decision on the application within 90 days of its determination that the application is complete.

If a hearing is held, DEC notifies the applicant and the public of a hearing within 60 days of the completeness determination. The hearing must commence within 90 days of the completeness determination.

Once the hearing ends, DEC must issue a final decision on the application within 60 days after receiving the final hearing record.

Completeness Determination:

DEC must mail notice of its completeness determination within the specified time limits for the type of permit or the application is deemed to be complete. For most permits 15 days is the time limit for the Department to make its Completeness Determination. For hazardous waste management facilities, certain wastewater discharges and certain air permit applications DEC has 60 days to make a completeness determination.


dec.ny.gov



To: scion who wrote (806)5/26/2010 8:28:00 PM
From: scionRead Replies (1) | Respond to of 53574
 
Do Not Start A Project Before Obtaining A Permit!

You must obtain all necessary permits before commencing work on a project that requires any DEC permit. Persons commencing work on such a project before obtaining the required permits, and any contractors engaged in such work, are subject to enforcement actions by the DEC. Enforcement actions may include:

1. Civil or criminal court action, or both,
2. Fines, or
3. An order to remove structures or materials or perform other remedial action, or both a fine and an order.

Exempt and Trivial Activities:
Exempt and Trivial Activities are listed in Subpart 201-3.
Exempt and Trivial Activities do not require either a Facility Registration or a State Facility Permit, but they are not exempt from other air pollution control regulations.
Exempt Activities must be listed in the Title V Facility permit application. They may be subject to an applicable requirement, i.e., a standard or requirement in State or Federal regulations required as it applies to an emission unit or source.

Trivial Activities do not have to be listed in the Title V Facility permit application.

The owner and/or operator of an emission unit or source that is listed as an Exempt or Trivial Activity may be required to certify that it is properly operated within the specific criteria of the exemption, and must maintain on-site records.

dec.ny.gov