N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 201-1.9

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

Section 201-1.9 - Delegation of program

(a) The department may delegate permitting and/or enforcement of this Part and other Parts of this Title to a city or county. In order for the city or county to qualify for delegation, the department must:

(1) determine that the city or county has:

(i) enacted local laws, ordinances and regulations consistent with the relevant requirements of this Title; and

(ii) the staff resources and expertise necessary to implement the program to be delegated.

(2) obtain any approval necessary for such delegation from the administrator; and

(3) publish notice of the approved delegation in the Environmental Notice Bulletin. The delegation shall become effective 30 days following the date of publication.

(b) The department shall withdraw delegation when a city or county program no longer complies with the requirements of this section, and the city or county fails to take corrective action within 30 days of being so advised by the department.

(1) Such circumstances for the department to withdraw delegation include the following:

(i) failure of the city or county to promulgate new laws, ordinances and regulations as necessary to be consistent with the relevant requirements of this Title;

(ii) the city or county fails to exercise sufficient control over activities required to be regulated pursuant to the delegation, including failure to issue permits;

(iii) repeated issuance of permits that do not comply with the relevant requirements of this Part;

(iv) failure to comply with the public participation requirements of this Title;

(v) failure to act on violations of permits or other delegated program requirements;

(vi) failure to seek adequate enforcement penalties or to collect administrative fines when imposed; and

(vii) failure to inspect and monitor activities subject to delegation.

(2) Notice of the department's withdrawal of delegation shall be printed in the 'Environmental Notice Bulletin' and the delegation will cease to be in effect 30 days following publication of such notice.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 201-1.9

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/24/2021