New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XLVIII - Genesee County Industrial Development Agency
Part 4050 - Implementation Of State Environmental Quality Review Act
Section 4050.2 - Definitions
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 4050.2
Current through Register Vol. 46, No. 39, September 25, 2024
(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 8-1015(3) of the act and in 6 NYCRR
617.13(h), and those actions listed in Appendix 48-A of this Part,
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 48-B of this Part,
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 means 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
4050.4(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
Genesee County Industrial Development Agency.
(8) Principal office of the issuer means c/o
Batavia Chamber of Commerce, Court Street Plaza, Batavia, New York
14020.
(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 48-C of
this Part, infra.
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