New York Consolidated Laws, Environmental Conservation Law - ENV § 23-1711. Permit processing

1. Any person desiring to construct, reconstruct, enlarge the storage capacity or, if constructed but unused, put into actual use and operation a liquefied natural or petroleum gas facility in the state shall obtain a permit pursuant to this section.

2. Notice of any public hearing conducted in connection with any environmental safety permit shall be published in at least two newspapers having a general circulation in the area in which the proposed activity is located, and in contiguous areas potentially affected by the proposed action.

3. The department shall render a decision based upon the record either granting the permit, denying it, or granting it upon such terms, conditions, limitations, or modifications thereof as the department may deem appropriate. The department shall deny a permit if residential areas and contiguous populations, will be endangered, or it otherwise does not conform to the siting criteria established for liquefied natural or petroleum gas facilities, or the department finds that the facility is not necessary, or is otherwise not in the public interest to be approved.