N.Y. Comp. Codes R. & Regs. tit. 21, Appendices, app 46-C

Current through Register Vol. 46, No. 43, October 23, 2024
Appendix 46-C

APPENDIX C: TYPE II ACTIONS

Type II Actions shall include, but are not limited to:

All actions designated as Type II Actions in 6 NYCRR 617.12.

Indicating conditional approval of an application - i.e. a general and preliminary expression of Authority pursuant to these OCWA-EQ Regulations assent that a project proposed by an applicant is feasible in light of environmental and statutory constraints. A conditional approval does not automatically assure final approval of a project, as final approval by the Authority of a project will be based on more complete and developed engineering and other details provided by the applicant at a later date. At the time of giving conditional approval to a project, the Authority may authorize the applicant to undertake technical, engineering, economic, planning, environmental, feasibility or research studies, reports or memoranda which are preliminary to and may support the formulation of proposals for the action provided no such preliminary approval shall require the Authority to make any final decision with respect to such action unless and until the requirements of these regulations have been fulfilled.

The construction and location of small new facilities or structures and the installation of minor new equipment and facilities.

The fixing of rates or adoption of customer rules, regulations and procedures for delivery of water or water service.

The preparation and/or execution of any permit, license or lease by or to the Authority of any existing facility or facilities.

The preparation and/or execution of any purchase orders for materials, equipment or supplies.

The preparation and/or execution of construction contracts, other than for lines or storage facilities, involving an amount of less than $50,000. of labor, exclusive of the supply of materials, provided such construction which is the subject of such contract has no physical effect on unusual or unique areas, including federal or state registered historic sites, and critical areas designated in 6 NYCRR 617.12 Type I(a)(22) and (23).

The preparation and/or execution of agreements relating to (a) water services sixteen inches or less in size, or (b) fire services.

The installation of distribution, service or transmission lines 16" or less in diameter unless:

More than three additional acres of permanent right of way per mile is required, and

There is a physical effect on unusual or unique areas, including federal or state registered historic sites and critical areas designated in 6 NYCRR 617.12 Type I(a)(22) and (23).

The installation of pumps.

The preparation and/or execution of agreements for the sale of water not involving the construction of new lines, or involving the construction of lines not exceeding 16" in diameter.

The installation of water storage facilities, or the preparation and/or execution of any agreement relating thereto.

The operation, repair, maintenance or minor alteration of existing structures, facilities, mechanical equipment, land, land uses or topographical features involving no substantial expansion of use beyond that previously existing. The transportation of personnel, materials and equipment in connection with the operation of the Authority, the borrowing of money and the issuance of obligations in connection therewith.

Replacement, restoration or reconstruction of existing structures or facilities to be located on substantially the same site, and having substantially the same purpose or capacity as presently existing.

The sale or disposal of Authority owned land, structures or facilities, or other property.

Preparing, maintaining, modifying, establishing, and updating rules, regulations, directives, procedures, policies and guidelines of the Authority.

The review of environmental impact statements prepared by others.

Defining the scope of services, negotiating and executing of contracts with consultants for professional services.

Training and training programs.

The shutoff of water or water supply for non-payment of a bill.

The conduct, preparation or review of technical, engineering, economic, planning, environmental, feasibility or research studies, reports or memoranda which are preliminary to and may support the formulation of proposals for action.

Planning, cost estimation, preparation of work programs and other project process activities.

Preparation and adoption of annual budgets or modifications thereof.

All routine administration, coordination, review and management activities of the Authority.

Collective bargaining activities.

The making of investments by or on behalf of the Authority.

Any action required because of construction or other action of the federal, state or local governments, or any agency thereof.

Acceptance of grants or loans from the federal, state or local governments, or any agency thereof.

Conduct of engineering research and pilot plant studies to evaluate materials, equipment and methods, and procedures.

Fencing, outdoor and indoor security lighting, and alarm systems.

Treatment of water supplies for protection of public health and quality control including, but not limited to surface spraying, chlorination, fluoridation and other chemical treatment.

Maintenance of rights-of-way by such acts as may be necessary including the cutting of grass, weeds and brush.

Flushing of mains and hydrants.

N.Y. Comp. Codes R. & Regs. tit. 21, Appendices, app 46-C