New York ENG Code § 18-107

Filing of application for certificate; docketing; convening of board
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§ 18-107. Filing of application for certificate; docketing; convening\nof board.  1. Any person seeking to establish or operate a temporary\nnuclear waste repository shall file an application for a certificate\nwith the commissioner. Copies of such application shall be served on\neach municipality within which the facility is proposed to be situated\nor operated, as well as with any other governmental agency specified in\nsubdivision two or three of section 18-103 of this article having\njurisdiction. Such application shall meet requirements of section 18-109\nof this article. Such application shall be accompanied by a deposit of\nthree hundred thousand dollars, which shall be used by the board to\ndefray its expenses; provided, however, that upon the termination of a\nproceeding under this article, any unexpended balance shall be returned\nto the applicant.\n  2. Within sixty days after the receipt of an application filed\npursuant to this section, the commissioner shall determine whether the\napplication complies with section 18-109 of this article. If he finds\nthat the application does not so comply, he shall so inform the\napplicant.\n  3. Notwithstanding paragraphs one or two of section 18-107, upon a\ndetermination that an application is sufficiently complete for the board\nto make a decision on the findings in section 18-111 the commissioner\nshall transmit a copy of the application to the commissioner of health,\nand shall transmit to the governor, the temporary president of the\nsenate and the speaker of the assembly, notification that the\napplication has been filed seeking a certificate pursuant to this\narticle, and that a board will be convened pursuant to the provisions of\nthis article.\n  4. The  commissioner shall transmit to each of the municipalities,\nagencies and persons required to receive a copy of the application\npursuant to section 18-103 of this article or subdivision three of this\nsection, a notice stating that the application has been docketed and\nstating the time and place of the first meeting of the board, which\nshall be not more than forty-five days after the date of such notice.\n  5. Upon receipt of notice from the commissioner convening a board, the\ntemporary president of the senate and the speaker of the assembly shall\neach designate one person to be appointed by the governor to serve on\nthe board.\n

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