§ 166 — Parties to a certification proceeding

§ 166. Parties to a certification proceeding. 1. The parties to the\ncertification proceedings shall include:\n (a) The applicant;\n (b) The department of environmental conservation;\n (c) The department of economic development;\n (d) The department of health;\n (e) The department of agriculture and markets;\n (f) The New York state energy research and development authority;\n (g) The department of state;\n (h) The office of parks, recreation and historic preservation;\n (i) Where the facility or any portion thereof or of any alternate is\nto be located within the Adirondack park, as defined in subdivision one\nof section 9-0101 of the environmental conservation law, the Adirondack\npark agency;\n (j) A municipality entitled to receive a copy of the application under\nparagraph (a) of subdivision two of section one hundred sixty-four of\nthis article, if it has filed with the board a notice of intent to be a\nparty, within forty-five days after the date given in the published\nnotice as the date for the filing of the application; any municipality\nentitled to be a party herein and seeking to enforce any local\nordinance, law, resolution or other action or regulation otherwise\napplicable shall present evidence in support thereof or shall be barred\nfrom the enforcement thereof;\n (k) Any individual resident in a municipality entitled to receive a\ncopy of the application under paragraph (a) of subdivision two of\nsection one hundred sixty-four of this article if he or she has filed\nwith the board a notice of intent to be a party, within forty-five days\nafter the date given in the published notice as the date for filing of\nthe application;\n (1) Any non-profit corporation or association, formed in whole or in\npart to promote conservation or natural beauty, to protect the\nenvironment, personal health or other biological values, to preserve\nhistorical sites, to promote consumer interests, to represent commercial\nand industrial groups or to promote the orderly development of any area\nin which the facility is to be located, if it has filed with the board a\nnotice of intent to become a party, within forty-five days after the\ndate given in the published notice as the date for filing of the\napplication;\n (m) Any other municipality or resident of such municipality located\nwithin a five mile radius of such proposed facility, if it or the\nresident has filed with the board a notice of intent to become a party,\nwithin forty-five days after the date given in the published notice as\nthe date for filing of the application;\n (n) Any other municipality or resident of such municipality which the\nboard in its discretion finds to have an interest in the proceeding\nbecause of the potential environmental effects on such municipality or\nperson, if the municipality or person has filed with the board a notice\nof intent to become a party, within forty-five days after the date given\nin the published notice as the date for filing of the application,\ntogether with an explanation of the potential environmental effects on\nsuch municipality or person; and\n (o) Such other persons or entities as the board may at any time deem\nappropriate, who may participate in all subsequent stages of the\nproceeding.\n 2. The department shall designate members of its staff who shall\nparticipate as a party in proceedings under this article.\n 3. Any person may make a limited appearance in the proceeding by\nfiling a statement of his or her intent to limit his or her appearance\nin writing at any time prior to the commencement of the hearing. All\npapers and matters filed by a person making a limited appearance shall\nbecome part of the record. No person making a limited appearance shall\nbe a party or shall have the right to present testimony or cross-examine\nwitnesses or parties.\n 4. The presiding officer may for good cause shown, permit a\nmunicipality or other person entitled to become a party under\nsubdivision one of this section, but which has failed to file the\nrequisite notice of intent within the time required, to become a party,\nand to participate in all subsequent stages of the proceeding.\n