Executive Order Sets Terms for DEC Public Hearings During Pandemic

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The Department of Environmental Conservation has made additional procedure changes to adapt to the COVID-19 pandemic, with the goal of mitigating the risk of exposure to the virus.

In addition to authorizing the use of alternative signature procedures for papers required in the regulation of shipping solid, hazardous and low-level radioactive waste discussed last week, the latest executive order suspends certain public hearing requirements.

That includes public hearings for processing permit applications pursuant to Articles 17 and 70 of the Environmental Conservation Law, 6 NYCRR Parts 621, 624, 704 and 750, provided that public comments are accepted as written submissions, either by mail or electronic means, or that any required appearances be done by telephone conferencing or other electronic means.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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