Current through Register Vol. 46, No. 39, September 25, 2024
(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.
