ENV-30-11-00002-P Procedures for Issuance of Summary Abatement Orders

7/27/11 N.Y. St. Reg. ENV-30-11-00002-P

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 30

July 27, 2011

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. ENV-30-11-00002-P

Procedures for Issuance of Summary Abatement Orders

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend section 620.2(a) of Title 6 NYCRR.

Statutory authority:

Environmental Conservation Law, section 71-0301

Subject:

Procedures for Issuance of Summary Abatement Orders.

Purpose:

To correct two typographical errors from the original 1977 rulemaking to conform the regulatory language to the enabling statute.

Text of proposed rule:

Subdivision 620.2(a) is amended to read as follows:

(a) Whenever the commissioner finds, after an investigation, that any person is causing, engaging in or maintaining a condition or activity which, in the judgment of the commissioner:

(1) presents an imminent danger to the health [of] or welfare of the people of the State, or results in or is likely to result in irreversible or irreparable damage to natural resources; and

(2) relates to the prevention and abatement powers of the commissioner in that the condition [of] or activity pertains to or affects any of the objectives or goals of the Environmental Conservation Law, or relates to any of the permit, licensing, or regulatory programs of the Department; so that it appears to be prejudicial to the interest of the people of the State to delay action until an opportunity for hearing can be provided, the commissioner may, without prior hearing or notice, order such person to discontinue, abate or alleviate such condition or activity.

Text of proposed rule and any required statements and analyses may be obtained from:

James T. McClymonds, Chief Administrative Law Judge, NYSDEC, Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

Consensus Rule Making Determination

The Department of Environmental Conservation has determined that this proposed rule amendment is a “consensus rule” as defined by State Administrative Procedure Act (SAPA) § 102(11). The proposed amendments are strictly to correct two typographical errors in subdivision 620.2(a) of title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) to conform the regulatory language to the enabling statute at Environmental Conservation Law (ECL) § 71-0301. The typographical errors are from the original 1977 rulemaking that enacted the Part 620 summary abatement procedures.

These changes are minor and are for clarification purposes only. They do not change any practices regarding summary abatement proceedings. Therefore, we do not anticipate any objections to this proposal.

Job Impact Statement

A Job Impact Statement is not submitted with this proposal because the proposed amendments to 6 NYCRR 620.2(a) will have no adverse impact on existing or future jobs and employment opportunities. The proposed amendments do not change any substantive requirements. They are strictly to correct two typographical errors from the original 1977 rulemaking that enacted the Part 620 summary abatement procedures to conform the regulatory language to the enabling statute. These changes are minor and are being proposed as a consensus rulemaking. This proposal does not impose any regulatory mandate on the regulated community, nor does it require any business to purchase or modify any equipment, purchase any special permit or license or modify the means by which it conducts business. Consequently, there could be no adverse impact on existing or future jobs and employment opportunities. This conclusion was reached based upon the Department’s determination that there will be no adverse cost impact from this action.