N.Y. Comp. Codes R. & Regs. tit. 21 § 3000.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 3000.2 - Definitions

(a) Unless the context otherwise requires, the definitions contained in section 8-0105 of the act and in 6 NYCRR 617.13 shall be applicable to this Part with the exception of the following terms:

(1) Applicant means any person making an application or other request for an action by the issuer.

(2) Complete application means an application which, in the judgement of the issuer, contains sufficient information on which to make a decision whether or not to approve or tentatively approve an action, and shall include the filing of all applications to the issuer associated with the proposed action that are, in the judgement of the issuer, required, unless, in the judgement of the issuer, such filing is not feasible or appropriate given the nature of the action or such failure to file all such applications at the same time will not preclude adequate reviews by the issuer.

(3) Exempt act means those actions enumerated in section 8-0105(3) of the act and in 6 NYCRR 617.13(h), and those actions listed in Appendix 45-A of this Title, infra.

(4) Ministerial act means an act performed upon a given state of facts in a prescribed manner imposed by law without the exercise of any judgement or discretion as to the propriety of the action although the law may require in some degree a construction of its language or intent, including all actions listed in Appendix 45-B of this Title, infra.

(b) The following additional definitions shall be applicable to this Part.

(1) Act means the State Environmental Quality Review Act, constituting article 8 of the Environmental Conservation Law, and any amendments thereto.

(2) Draft EIS meas draft environmental impact statement.

(3) Environmental assessment means a written description and analysis of the environmental impact and effect of an applicant's proposed project or activity which addresses in detail the considerations listed in section 3000.4(a) of this Part.

(4) Environmental impact report means a written description and analysis of the environmental impact and effect of an applicant's proposed project or activity which addresses in detail all factors required to be considered in an EIS by the act and by 6 NYCRR Part 617, as well as such other information as may be necessary for compliance with this Part and 6 NYCRR Part 617.

(5) EIS means environmental impact statement as defined in the act. An EIS may either be a "draft" or be "final".

(6) Final EIS means final Environmental impact statement.

(7) Issuer means Auburn Industrial Development Authority.

(8) Principal office of the issuer means c/o Memorial City Hall, Auburn, New York 13021.

(9) Supplemental environmental impact report means a written description and analysis of the environmental impact and effect of an applicant's proposed project or activity which addresses in detail or responds to any and all comments received on the draft EIS and at the hearing held for the applicant's proposed project or activity.

(10) Type II action means the actions or classes of actions which have been determined not to have a significant effect on the environment and which are not subject to this Part, including all those actions or classes of actions listed in Appendix 45-C of this Title, infra.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 3000.2