N.Y. ENV Law § 23-1721

§ 23-1721. Hardship; petition and hearing; permit.\n 1. Any person, upon a showing of hardship caused by the moratorium\nunder subdivision one of section 23-1719 may petition the department for\na review of the application of the moratorium to any proposed activity\nsubject to this title. This shall be by notice to the department of the\nactivity proposed to be conducted, including the information related to\ngeographical location, nature of proposed use, storage, transportation,\nor conversion, and proposed and projected amounts of liquefied natural\nor petroleum gas proposed to be used or handled as required in\nsubdivision two of section 23-1719 and subdivision two of section\n23-1717.\n 2. Thereafter, within thirty days after receipt of the petition, the\ndepartment shall schedule a hearing upon thirty days' notice, to be held\nin accordance with the other requirements of paragraphs d and e of\nsubdivision two of section 23-1719, insofar as applicable, and upon such\nfurther terms and conditions as it may establish.\n 3. If the proposed activity is not contrary to the policy of this\ntitle, or of any provision thereof, the department may permit the\nactivity to continue during the moratorium, provided that permission may\nbe revoked by the department if its terms are violated, and provided,\nfurther, that any such hardship permit issued by the department shall be\nin addition to, and not in lieu of such certification as may be required\nby any municipality within the jurisdiction of which such proposed\nactivity will be undertaken. Cost of application and hearing shall be\nassessed against the applicant.\n