N.Y. Comp. Codes R. & Regs. tit. 21 § 1157.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1157.6 - DEIS procedures

(a) Should the authority determine that its proposed action or the proposed project or activity of an applicant may have a significant effect on the environment, and should the authority be the lead agency or only agency involved, then the authority shall prepare a DEIS, cause a DEIS to be prepared or request the applicant to prepare a DEIS in accordance with section 1157.4 of this Part, as may be appropriate. Such DEIS shall be in accordance with SEQR.

(b) Upon completion of the DEIS, the authority shall issue a notice of completion which shall contain the following:

(1) A brief description of the action covered by the DEIS and the location of its potential impacts and effects;

(2) A statement indicating where copies of the DEIS are available for review and how copies of the DEIS can be obtained from the authority; and

(3) A statement that comments on the DEIS are requested and will be received and considered by the authority at the main office of the authority for a period of not less than 30 calendar days from the first filing of the notice pursuant to subdivision (c) of this section or not less than 10 calendar days following a public hearing at which the environmental impacts of the proposed action are considered.

(c) The notice of completion shall be sent to all other agencies involved in the action, all persons who have requested such notice, the editor of the State Bulletin, the State Clearinghouse and the relevant regional clearinghouse designated under Federal Office of Management and Budget circular A-95. The authority shall maintain a file or files open to public inspection of notices of completion and DEIS's it has prepared, caused to be prepared or which have been prepared by an applicant.

(d) Copies of all notices of completion and DEIS's shall be available to the public and shall be filed as follows:

(1) one copy with the appropriate regional office of the Department of Environmental Conservation,

(2) one copy with the Commissioner of Environmental Conservation.

(e) The authority shall determine whether or not to conduct a public hearing. If it is determined to hold a public hearing, such hearing shall be conducted, to the degree practicable, in accordance with the provisions of SEQR, consistent with hearing requirements under other laws, rules and regulations or procedures.

(f) If, during the preparation of the DEIS, after receipt of comments on the DEIS, or after any public hearing, the authority determines that its proposed action or the proposed project or activity of an applicant which is the subject of the DEIS will not have a significant effect on the environment, the authority shall file and give notice of such determination in accordance with the provisions of subdivision (b) of section 1157.5 of this Part. Upon such filing and notice the authority will have no further obligation with respect to this Part and may undertake such action or issue such permit.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1157.6