N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-7.1

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

Section 128-7.1 - Certification of administrative programs

(a) The local government of a town, city, village or county may apply to the department, care of the engineering section (see section 128-1.5 of this Part), for certification of a program to administer specific provisions of these rules and regulations.

(b) A local government's proposed program for administration of specific provisions of these rules and regulations may include processing and review of, and determinations on, applications for approval of specific regulated activities.

(c) An application for certification of a local government's administrative program shall include the following information:

(1) identification of the specific substantive and procedural provisions of the rules and regulations that the local government is requesting to administer;

(2) number, technical expertise and experience of personnel and identification of other resources that will be dedicated to administration of the program;

(3) identification of funding or revenue sources for implementation of the program, including a commitment of such funding for the next fiscal year;

(4) identification of the specific department, unit or officials who will be designated to administer these rules and regulations;

(5) identification of information management capability to insure efficient administration and adequate recordkeeping;

(6) identification of applicable existing local laws and rules and regulations and plans for coordination of such laws and rules and regulations with the requirements of these rules and regulations; and

(7) any other information requested by the department.

(d)

(1) The department shall review an application for certification of an administrative program and make a preliminary determination to certify or deny certification of a program within 60 business days of receipt of such application. A determination to certify shall be based upon a finding by the department that the resources, funding and administrative program proposed by the applicant will provide a level of efficiency and effective protection of the water supply equal to that which would otherwise be provided by the department under these rules and regulations. Notice of the preliminary determination shall be provided in writing by the department to the designated representative of the local government submitting the application for certification.

(2) Within 60 business days of the department's preliminary certification of the administrative program, the department and the local government shall commence negotiating and writing a draft memorandum of understanding setting forth the requirements and conditions of the program.

(3) A governmental agency or unit of a town, city, village or county that has a program for administration and/or enforcement that has been certified by the department pursuant to this subpart shall be referred to as a "certified local government."

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-7.1