N.Y. Comp. Codes R. & Regs. tit. 21 § 3050.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 3050.3 - Definitions

Unless the context otherwise requires, the definitions contained in section 8- 0105 of the act and 6 NYCRR 617.13 shall be applicable to this Part with the exception of the following terms:

(a) Act means the State Environmental Quality Review Act constituting article 8 of the Environmental Conservation Law and any amendments thereto.

(b) Applicant means any person making an application or other request for authority action.

(c) Administrative director means the administrative director of the "authority".

(d) Complete application means an application which, in the judgment of the authority, contains sufficient information on which to make a decision whether or not to approve an application.

(e) Authority means the Onondaga County Water Authority.

(f) Environmental impact statement (EIS) means a written document prepared in accordance with 6 NYCRR 617.6 and this Part. An environmental impact statement may either be a "draft" or be "final".

(g) Environmental report shall mean a written report submitted to the authority by an applicant who has declined to prepare an EIS requested by the authority. It contains an analysis of the environmental factors specified in 6 NYCRR 617.6 as they relate to the applicant's proposed action and such other information as may be necessary for compliance with 6 NYCRR Part 617 and this Part.

(h) Exempt action means those actions enumerated in section 8-0105(3) of the act and in 6 NYCRR 617.13(h) and those actions listed in Appendix 46-A of this Part, including ministerial actions.

(i) Ministerial action means an action performed upon a given state of facts in a prescribed manner imposed by law without the exercise of any judgment or discretion as to the propriety of the action, although such law may require, in some degree, a construction of its language or intent. Ministerial action shall include but not be limited to:

(1) Any act, decision or commitment required to be made pursuant to pre-existing contractual arrangements by which the authority is bound. Such contractual arrangements shall include all trust indentures and leases presently existing.

(2) All enforcement actions commenced by or on behalf of the authority against third parties to enforce compliance by such third party with any provision of any contract, law, rule, ordinance, etc. by which such third party is bound.

(3) Any act required to be performed by any Federal or State law, rule, regulation or decision.

(j) Negative declaration means a written statement prepared by the authority after conducting an environmental review of an action which announces that the authority has determined that the action will not have a significant effect on the environment.

(k) Notice of determination means a written statement prepared by the authority after conducting an environmental analysis of an action which announces that the authority has determined that the action may have a significant effect on the environment.

(l) SEQR data sheet means a written analysis submitted to the authority by an applicant which addresses in detail all factors required to be considered in a SEQR data sheet by the act and by 6 NYCRR Part 617, as well as such other information as may be necessary for compliance with this Part, including section 3050.4(a) of this Part and provides an identification and analysis of the environmental impact of proposed actions subject to the approval of the authority.

(m) Type I action means an action listed in either (1) 6 NYCRR 617.12 or (2) Appendix 46-B of this Title that is likely to require the preparation of an environmental impact statement.

(n) Type II action means an action listed in either 6 NYCRR 617.12 that the Commissioner of Environmental Conservation has found will not have a significant effect on the environment or (2) Appendix 46-C of this Title that the authority has determined will not have a significant effect on the environment.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 3050.3