N.Y. Comp. Codes R. & Regs. tit. 21 § 4300.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 4300.4 - Responsibility of applicants

(a) Each applicant to the issuer shall submit to the issuer as part of the application an environmental assessment, in form acceptable to the issuer, which describes and analyzes the environmental impact and effects of the proposed action in sufficient detail for the issuer to determine:

(1) whether the proposed action constitutes an exempt act;

(2) whether the proposed action is a ministerial act;

(3) whether the proposed action constitutes a Type II action;

(4) whether the proposed action may or will not have a significant effect on the environment; and

(5) to the best knowledge of the applicant, which other agencies, including Federal agencies, have jurisdiction by law, rule or regulation over the proposed action or any part thereof and whether or not issuer is the lead agency with respect to the proposed action.

(b) Where appropriate, the applicant shall, in his environmental assessment of the proposed action, include a concise statement of the reasons why, in his judgement, the proposed action will [or will not] require the preparation of an EIS.

(c) If, in the judgement of the issuer, the information provided in the environmental assessment is insufficient to permit the issuer to make the determinations enumerated in subdivision (a) of this section, the applicant will be required to furnish such additional information on the proposed action as the issuer shall deem necessary or desirable to permit the making of such determinations. An application shall be deemed incomplete until such information is furnished.

(d) As provided in subdivision (d) of section 4300.5 of this Part, the issuer may request an applicant to prepare a draft EIS and may require an applicant to submit environmental impact reports and supplemental environmental impact reports.

(e) An application, environmental assessment, draft EIS, environmental impact report or supplemental environmental impact report shall be deemed completed only when approved as to form and content by the issuer.

(f) The submission by an applicant of an application 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, grant, subsidy, loan or other form of funding assistance or permit, lease, license, certificate or other action shall be made, granted or issued by the issuer until all fees due under this Part from the applicant shall have been paid.

(g) Applicants should consider the environmental impacts of proposed actions and alternatives at the earliest possible point in their planning processes and should develop, wherever possible, measures to mitigate or avoid adverse environmental impacts.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 4300.4