LegalFix

23-1721 - Hardship; Petition and Hearing; Permit.

NY Env Cons L § 23-1721 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

1. Any person, upon a showing of hardship caused by the moratorium under subdivision one of section 23-1719 may petition the department for a review of the application of the moratorium to any proposed activity subject to this title. This shall be by notice to the department of the activity proposed to be conducted, including the information related to geographical location, nature of proposed use, storage, transportation, or conversion, and proposed and projected amounts of liquefied natural or petroleum gas proposed to be used or handled as required in subdivision two of section 23-1719 and subdivision two of section 23-1717.

2. Thereafter, within thirty days after receipt of the petition, the department shall schedule a hearing upon thirty days' notice, to be held in accordance with the other requirements of paragraphs d and e of subdivision two of section 23-1719, insofar as applicable, and upon such further terms and conditions as it may establish.

3. If the proposed activity is not contrary to the policy of this title, or of any provision thereof, the department may permit the activity to continue during the moratorium, provided that permission may be revoked by the department if its terms are violated, and provided, further, that any such hardship permit issued by the department shall be in addition to, and not in lieu of such certification as may be required by any municipality within the jurisdiction of which such proposed activity will be undertaken. Cost of application and hearing shall be assessed against the applicant.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
23-1721 - Hardship; Petition and Hearing; Permit.