N.Y. Comp. Codes R. & Regs. tit. 21 § 1157.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1157.4 - Responsibilities of applicants

(a)

(1) Applicants to the authority for a permit which will grant permission to the applicant to commence or engage in a project or activity may be requested by the authority, and if so requested, shall submit to the authority an environmental assessment in the form prescribed by the State Department of Environmental Conservation which describes and analyzes the environmental impact and effect of the proposed project or activity of the applicant in sufficient detail for the authority to determine:

(i) Whether the proposed project or activity of the applicant constitutes an exempt act.

(ii) Whether the issuance of such permit by the authority is a ministerial act.

(iii) Whether the proposed project or activity of the applicant constitutes a Type II action.

(iv) Whether the proposed project or activity of the applicant may or will not have a significant effect on the environment.

(v) Which other agencies, including Federal agencies, have jurisdiction by law, rule or regulation over the proposed project or activity of the applicant and whether or not the authority is the lead agency with respect to the proposed action or activity.

(2) In each environmental assessment, the applicant shall, in his description and analysis of the environmental impact and effect of the proposed project or activity, make a recommendation with respect to each item set forth in paragraph (1) of this subdivision.

(3) If in the judgment of the authority, the information provided in such assessment is not sufficient for the authority to make such determinations, the applicant will be required to furnish such additional information on the proposed project or activity deemed necessary for such determinations. An application shall be deemed incomplete until such information is furnished.

(b)

(1) If the authority determines that the proposed project for which a permit is sought may have a significant effect on the environment and the proposed project or activity of the applicant is not an exempt act or a Type II action, and the issuance of a permit of the authority is not a ministerial act, the authority may request the applicant to prepare either a DEIS or an environmental impact report on the proposed project or activity in accordance with the requirements of SEQR.

(2) Should an applicant be requested to prepare a DEIS and should such applicant decline to prepare such a DEIS, and there is no other agency which would more appropriately be the lead agency with respect to the proposed project or activity, the authority may prepare the DEIS or cause its preparation to be undertaken. However, the authority shall not commence preparation of such DEIS nor cause its preparation to be undertaken until a complete environmental impact report has been submitted by the applicant which analyzes in detail all factors required to be considered in an impact statement by SEQR.

(c) The authority may require an applicant to prepare a supplemental environmental impact report which responds in detail to any and all comments received on the DEIS and at any hearing held for the applicants' proposed project or activity.

(d) An application, environmental assessment, DEIS, environmental impact report or supplemental environmental impact report shall be deemed completed only when approved as to form and content by the authority.

(e) The submission by an applicant for a permit from the authority shall be deemed the contractual obligation of the applicant to pay all fees and costs allocable to such application as are allowable by this Part. No contract, or other form of assistance or permit, lease, license, certificate or other entitlement for use or permission to act shall be made, granted or issued by the authority until all fees due under this Part from the applicant shall have been paid.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1157.4