The Batavian asked Genesee County and City of Batavia officials about the process required for Seneca Power Partners' request to draw 715,600 gallons of water per day from the city/county water system. More specifically, The Batavian wanted to know if there would have to be public hearings about this request, as it seems, according to responses from the city, county and Town of Batavia, that such a draw could severely affect local residents.
City Manager Rachael Tabelski referred us to the Department of Environmental Conservation for those specifics.
According to DEC’s website, the following are steps to be taken for permit applications:
Step 1: Submit an Application
General Requirements for Applications
A complete application includes a properly completed department application form, location map, project plans, supplemental information required by 6 NYCRR Part 621 (leaves DEC website), Uniform Procedures Regulations and the specific program implementing regulations pertaining to the specific permit(s) sought for the project.
If a project requires more than one DEC permit, the applicant must submit all applications forms and information simultaneously.
If variances from permit standards are sought and provided for by the specific regulatory program in their regulations, the application must include a request and statement of justification for such variances.
Other application requirements include an environmental assessment in accordance with the State Environmental Quality Review Act (SEQR), and a cultural resources assessment in accordance with the State Historic Preservation Act (SHPA).
Application Assistance
Contact your DEC regional Permits office with questions about completing the application form and other required information for your application.
Keep plans flexible until DEC staff review your proposal and comment on its conformance with permit standards. Be willing to adjust your project. On occasion, minor changes in layout can avoid disagreements and delays and, in some cases, eliminate the need for a permit.
Applicants proposing complex, multi-residential, commercial or industrial projects are strongly encouraged to schedule a pre-application conference. This meeting with DEC allows the applicant to clarify project objectives and obtain DEC's recommendations. Such feedback can improve the project environmentally and shorten the application procedure.
Submitting Your Application to DEC
Applications are to be submitted to the Regional Permit Administrator. Applications may be submitted by mail, private carrier, or in person.
DEC encourages applicants to submit applications and supporting information electronically, and to submit paper copies as soon as possible. DEC is not yet able to accept electronic only application submissions except in limited circumstances. Contact your DEC regional Permits office for additional information on electronic submissions.
Step 2: Application Review
The Department must inform you of whether your application is complete according to the following time frames:
60 days from receipt of the application in the case of hazardous waste management facilities, certain wastewater discharges and certain air permit applications.
15 days from receipt of the application for all other permit applications.
If the application is incomplete, DEC's Notice of Incomplete Application will tell you what else is needed. When you respond, the above time frames for the DEC will again apply.
To prevent multiple information requests and reviews by DEC, prepare a thorough, accurate and fully justified application.
Step 3: Public Notice
The Uniform Procedures Act recognizes major projects and minor projects for each permit type.
If your project is major, then the project is subject to public review, as follows:
A Notice of Complete Application is published by the Department in the Environmental Notice Bulletin (ENB). You must also publish this notice in a local newspaper.
The Notice of Complete Application sets a public comment period. This is usually either 15-, 30- or 45-day period after the date the Notice is published, depending on the permit type requested.
Based on any comments received and on staff's review of the project against permitting standards, DEC decides whether to hold a public hearing. For more information, refer to the Guide for Public Hearings.
Minor projects do not usually require a public notice.
Step 4: Final Decision
The Uniform Procedures Act requires DEC to make its final decision 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 records.
The Regional Permit Administrator normally issues permits for projects not requiring a public hearing.
Generally, the Commissioner makes the decision if DEC holds a public hearing.
An email sent to DEC Region 8 Director Tim Walsh Wednesday evening was not immediately answered.
