N.Y. Comp. Codes R. & Regs. tit. 21 § 1157.5

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

Section 1157.5 - Procedures prior to DEIS preparation

(a) Actions involving an applicant.

(1) Within 15 days after the submission of a completed application and, if requested, an environmental assessment, by an applicant, the authority shall determine whether the issuance of such requested permit is an action subject to this Part pursuant to section 1157.3 of this Part and, if subject to this Part, whether the proposed project or activity may have a significant effect on the environment. Written notification of the authority's determination will be given to the applicant.

(2) If the authority determines that the issuance of the requested permit would be an action subject to this Part, the authority shall file its determination and make public notice of such determination as to whether the proposed project or activity may or will not have a significant effect on the environment in accordance with the procedures specified in subdivision (b) of this section.

(b) Authority actions.

(1) As early as is possible in the formulation of a proposal for an action to be undertaken by the authority, the authority shall ascertain whether the action is subject to this Part pursuant to section 1157.3 of this Part. If the action is subject to this Part, the authority shall make a determination whether the action may or will not have a significant effect on the environment and file a copy of such determination as follows:

(i) in the appropriate regional office or offices of the Department of Environmental Conservation, and

(ii) with the Commissioner of Environmental Conservation, and

(iii) in the main office of the authority

(2) In addition, the authority shall give public notice of such determination. The public notice shall state that the authority will review all comments on such notice received within 30 days of its filing in the main office of the authority.

(c) Should the authority determine that its proposed action or the proposed project or activity of an applicant, which is subject to this Part, will not have a significant effect on the environment, the authority will have no further obligation with respect to this Part and may undertake such action or issue such permit as the case may be after filing and public notice of such determination as set forth in subdivision (b) of this section.

(d)

(1) Should the authority determine that its proposed action or the proposed action or the proposed project or activity of an applicant may have a significant effect on the environment, and that its proposed action or the proposed project or activity of an applicant involves more than one agency, the authority shall determine or initiate steps to determine the lead agency in accordance with SEQR.

(2) Should it be determined that the authority is not the lead agency, the authority shall have no further obligation with respect to this Part except to provide its views where appropriate and to the extent practicable, provide appropriate technical analysis and support and to make the "decision making findings" required by section 1157.9 of this Part, after the filing of an FEIS for the proposed action or proposed project or activity of the applicant by another agency. Upon making the decision making findings in accordance with section 1157.9 of this Part, authority may undertake such action, or issue such permit as the case may be.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1157.5