New York Laws
Title 17 - Liquefied Natural and Petroleum Gas
23-1721 - Hardship; Petition and Hearing; Permit.

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.