§ 70-0109 — Time periods for department action on permit applications

§ 70-0109. Time periods for department action on permit applications.\n 1. (a) On or before fifteen calendar days after the receipt of an\napplication for a permit which has been filed in a manner and in a form\nprescribed by the department, the department shall mail written notice\nto the applicant of its determination whether or not the application is\ncomplete.\n (b) If the department fails to mail written notice to an applicant of\nits determination whether or not an application is complete within such\nfifteen calendar day period, the application shall be deemed complete.\n (c) If the department determines the application is not complete, the\nnotice shall include a concise statement of the respects in which the\napplication is incomplete.\n (d) The resubmission of the application or the submission of such\nadditional information shall commence a new fifteen calendar day period\nfor department review of the additional information for purposes of\ndetermining completeness.\n (e) If the department determines the application is complete, the\nnotice shall so state.\n 2. (a) Immediately upon determining that an application is complete,\nthe department shall cause a notice of application to be published in\nthe next available environmental notice bulletin which shall be not\nlater than ten calendar days after the date of such determination and\nnot less than once during the fifteen calendar day period following such\ndetermination in a newspaper having general circulation in the area in\nwhich the project is proposed to be located, and shall provide notice to\nthe chief executive officer of each municipality in which the proposed\nproject is located, and may direct the applicant to provide such\nreasonable notice and opportunity for comment to the public as the\ndepartment deems appropriate. Newspaper publications shall be provided\nby the applicant.\n (b) The time period for public comment on a permit application shall\nbe stated in the notice of application.\n 3. (a) Within the time periods specified in subparagraphs (i) and (ii)\nof this subdivision and subject to the provisions of subdivisions four,\nfive and six of this section, the department shall make a decision on an\napplication for a permit by mailing the applicant a permit, a permit\nwith conditions or a statement that the permit applied for has been\ndenied.\n (i) In the case of an application for a permit for which no public\nhearing has been held, such decision shall be mailed on or before ninety\ncalendar days after the department mails written notice to the applicant\nthat the application is complete or on or before ninety calendar days\nafter the application is deemed complete pursuant to the provisions of\nthis article.\n (ii) In the case of an application for a permit for which a public\nhearing has been held, the department shall mail its decision to the\napplicant and to all parties to the hearing on or before sixty calendar\ndays after receipt by the department of a complete record, as that term\nis defined in paragraphs (a) through (e) of subdivision one of section\nthree hundred two of the state administrative procedure act.\n (b) If the department fails to mail a decision on an application for a\npermit within the time periods specified, the applicant may cause notice\nof such failure to be made to the department by means of certified mail\nreturn receipt requested addressed to the commissioner. If, within five\nworking days after the receipt of such notice, the department fails to\nmail a decision, the application shall be deemed approved and a permit\ndeemed granted subject to any standard terms or conditions applicable to\nsuch a permit. However, no permit shall be deemed approved where such\npermit is issued in lieu of a federal permit pursuant to an\nauthorization granted to the state pursuant to either Public Law 94-580,\nthe "Federal Resource Conservation and Recovery Act of 1976", or Title V\nof Public Law 101-549, the "Clean Air Act", and where the issuance of a\npermit in such a manner is contrary to such authorization.\n 4. The time periods for a department decision on an application for a\npermit as specified in subdivision three of this section shall be\nsuspended pending receipt by the department of any final environmental\nimpact statement and any explicit findings related to a proposed project\nas may be required pursuant to article eight (environmental quality\nreview) of this chapter when the department is not the lead agency as\nthat term is used in rules and regulations adopted by the department\npursuant to section 8-0113 of said article.\n 5. The department shall make no decision and no permit shall be deemed\ngranted until the applicant has paid all applicable fees and costs.\n 6. Any time period specified in this article may be waived and\nextended for good cause by written request by the applicant with the\nconsent of the department, or by the written request of the commissioner\nor his designee with the consent of the applicant.\n