Current through Register Vol. 46, No. 52, December 24, 2024
(a) Actions involving applicant. Within 15
calendar days after the submission of a complete application and environmental
assessment by an applicant, the issuer shall determine whether the proposed
action is an action subject to this Part pursuant to section
3000.3 of this Part and, if
subject to this Part, whether the proposed action may or will not have a
significant effect upon the environment. Written notification of the issuer's
determination will be given to the applicant.
(b) Issuer actions. As early as possible in
the formation of a proposal for an action to be undertaken by the issuer, the
issuer shall ascertain whether the proposed action is subject to this Part
pursuant to section
3000.3 of this Part and, if
subject to this Part, whether the proposed action may or will not have a
significant effect upon the environment.
(c) Negative declaration. If the issuer
determines that a proposed action:
(1) is
subject to this Part pursuant to section
3000.3 of this Part and
(2) will not have a significant effect on the
environment, the issuer shall prepare, circulate, file and make available for
public inspection a negative declaration as provided in subdivisions (f) and
(g) of this section. In addition, the issuer shall prepare, file and make
available for public inspection in its principal office a statement setting
forth the reasons supporting its determination. Upon such filing and
circulation of the negative declaration, the issuer shall have no further
obligation with respect to this Part and may undertake such action.
(d) Determination of significant
effect. If the issuer determines that a proposed action:
(1) is subject to this Part pursuant to
section 3000.3 of this Part,
(2) may have a significant effect on the
environment, and
(3) does not
involve other agencies the issuer shall immediately prepare, circulate, file
and make available for public inspection a notice of such determination as
provided in subdivisions (f) and (g) of this section and, in the case of an
action involving an applicant, shall immediately and in writing request the
applicant to prepare a draft EIS on the proposed action. As soon as possible
thereafter, the applicant shall notify the issuer in writing whether it will
prepare the draft EIS or whether it wishes the issuer to prepare it. The issuer
may prepare or cause to be prepared a draft EIS for an action involving an
applicant only when practicable considering existing staff and resources and
when the public interest will thereby served, but in no event shall the issuer
commence or cause to be commenced the preparation of such draft EIS until the
applicant shall have submitted a completed environmental impact report which
analyzes in detail all factors required to be considered in an EIS by the act
and by 6 NYCRR Part 617. The applicant shall, on request of the issuer, submit
such other information as may be necessary for full compliance with this Part.
In addition, the addition, the issuer may require an applicant to prepare a
supplemental environmental impact report which responds in detail to any and
all comments received by the issuer with respect to a draft EIS or at any
hearing held on the proposed action involving the applicant.
(e) Actions involving more than
one agency. If the issuer determines that a proposed action
(1) is subject to this Part pursuant to
section 3003.3 of this Part,
(2)
may have a significant effect on the environment, and
(3) involves more than one agency, the issuer
shall immediately prepare, circulate, file, and make available for public
inspection a notice of such determination as provided in subdivisions (f) and
(g) of this section and shall immediately notify such other involved agencies,
including Federal agencies, of such determination, request the coordination of
reviews by the agencies, and initiate steps to determine the lead agency in
accordance with 6 NYCRR 617.4. If it is determined that the issuer is the lead
agency, the issuer shall follow the procedures set forth in subdivision (d) of
this section. If it is determined that the issuer is not the lead agency, the
issuer 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 written
"decision-making" findings required by section
3000.9 of this Part after the
filing of a final EIS for the proposed action by another agency. Upon making
said decision-making findings in accordance with section
3000.9 of this Part, the issuer
may undertake such action.
(f) Contents of negative declarations and
notices of determinations. All negative declarations and notices of
determinations shall contain the following:
(1) an action identifying number or
name;
(2) a brief description of
the proposed action;
(3) the
general location of the proposed action;
(4) in the case of a negative declaration, a
statement that the issuer has determined that the proposed action will not have
a significant effect on the environment; and
(5) in the case of a notice of determination,
a brief description of the possible significant effects of the proposed
action.
(g) Filing
negative declarations and notices of determinations. All negative declarations
and notices of determination shall be circulated, filed and made available for
public inspection as follows:
(1) with the
Commissioner of Environmental Conservation;
(2) with the appropriate regional office or
offices of the Department of Environmental Conservation;
(3) with the city clerk of the City of
Auburn; and
(4) in the principal
office of the issuer. In addition, the issuer shall give public notice of the
filing of such determination by maintaining the up-to-date files required by
subdivision (h) of this Part and shall further cause a copy of such notice to
be posted on a signboard maintained by the issuer, which notice shall state
that the issuer will review all comments on such determination received in
writing within 10 days of the posting and filing of such notice at the
principal office of the issuer.
(h) The issuer shall maintain files open to
public inspection at its principal office of all negative declarations and
notices of determinations prepared pursuant to this section.
