N.Y. Comp. Codes R. & Regs. tit. 10 § 97.11

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

Section 97.11 - Notice and filing requirements

(a) All notices, EIS's and other SEQR documents shall be prepared, filed, circulated and made available as prescribed in this section.

(b) Determination of nonsignificance. In the case of all type I actions, a notice of determination that an EIS will not be prepared, based on a determination that the proposed action will not have a significant effect on the environment (negative declaration), shall be prepared and filed as indicated below by the department, if it is lead agency. The notice shall state that it is a negative declaration for the purposes of article 8 of the Environmental Conservation Law, shall state the name and address of the department and the name and telephone number of a person who can provide further information, shall briefly and precisely describe the nature, extent and location of the action, and shall briefly state the reasons supporting determination. The department shall maintain files of the written analyses and findings leading to their determinations on all actions subject to SEQR. The notice of determination for type I actions shall be filed simultaneously as follows:

(1) with the Commissioner of Environmental Conservation at 50 Wolf Road, Albany, N.Y. 12233;

(2) with the appropriate regional office of the Department of Environmental Conservation;

(3) in the office of the chief executive officer of the political subdivision in which the action will be principally located;

(4) in the department's main office and appropriate regional or area office;

(5) if the action involves an applicant, with the applicant;

(6) if other agencies are involved in approval of the action, with each other agency. In addition, the department may:

(i) file these determinations with other agencies which may be affected by the action; and

(ii) if it is deemed appropriate upon consideration of all circumstances, provide for such public notice of these determinations as shall afford the opportunity for public response by: readily accessible files in department offices; posting on signboards; incorporation in public notices otherwise required by law; or other appropriate means.

(c) Determination of significance. In the case of all type I and unlisted actions, a notice of determination that a draft EIS will be prepared based on a determination that the proposed action may have a significant effect on the environment (positive declaration), shall be prepared and filed as indicated below by the department, if it is lead agency. The notice shall state that it is a positive declaration for purposes of article 8 of the Environmental Conservation Law, shall state the name and address of the department and the name and telephone number of a person who can provide further information, shall briefly and precisely describe the nature, extent and location of the action, shall briefly describe the possible significant environmental effects that have been identified and shall briefly state the reasons supporting the determination. The department shall maintain files of the written analyses and findings leading to its determinations. The notice of determination shall be filed as prescribed in subdivision (b) of this section.

(d) Notices of completion of draft EIS's. Whenever a draft EIS has been prepared, a notice of its completion shall be prepared and filed as indicated below by the department, if it is lead agency. The notice shall state that it is a notice of completion of a draft EIS, shall state the name and address of the department, and the name and telephone number of a person who can provide further information, and shall also contain the following:

(1) a brief and precise description of the action covered by the statement, the location and nature of its potential environmental impacts and effects;

(2) a statement indicating where and how copies of the statement can be obtained from the department; and

(3) a statement that comments on the statement are requested and will be received and considered by the department at a given address for a stated period (not less than 30 calendar days from the first filing and circulation of the notice of completion, or not less than 10 calendar days following a public hearing at which the environmental impacts of the proposed action are considered).

The notice of completion shall be filed as prescribed in subdivision (b) of this section, and shall be sent to the State clearinghouse and the relevant regional clearinghouse designated under Federal Office of Management and Budget circular A-95.

(e) Draft EIS's. The draft EIS, together with the notice of its completion, shall be filed and made available for copying as follows:

(1) one copy with the Commissioner of Environmental Conservation;

(2) one copy with the appropriate regional office of the Department of Environmental Conservation;

(3) one copy with the chief executive officer of the political subdivision in which the action will be principally located;

(4) one copy in the department's main office and one copy in the appropriate regional or area office, if the department is lead agency;

(5) if other agencies are involved in the approval of the action, with each such agency;

(6) one copy with persons requesting it. Where sufficient copies of a statement are not available, the department, if it is lead agency, may charge a fee to persons requesting the statement to cover its costs in making the additional statement available; and

(7) one copy with the Secretary of State where the Department of Health action is in the coastal area.

(f) Notices of hearing. If the department, as lead agency, determines that a hearing is to be held, then it shall prepare a notice of hearing. Such notice shall specify the time, place and purpose of the hearing, and shall contain a summary of the information contained in the notice of completion of the draft EIS. The notice of hearing shall be filed as prescribed in subdivision (b) of this section. A notice of hearing may be given in the notice of completion of the draft EIS and shall be published, at least 14 calendar days in advance of the hearing date, in a newspaper of general circulation in the area of the potential impacts and effects of the action.

(g) Notices of completion of final EIS's. A notice of completion of a final EIS shall be prepared by the department if it is lead agency. It shall state that it is a notice of completion of a final EIS, shall state the name and address of the department, if it is lead agency, and shall contain the items prescribed in paragraphs (d)(1) and (2) of this section. It shall be filed as prescribed in subdivision (b) of this section.

(h) Final EIS's. The final EIS, together with the notice of its completion, shall be filed in the same manner as a draft EIS.

(i) Copies of notices, statements and findings required in this Part and prepared by the department shall be retained in a file which is readily accessible for public inspection.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 97.11