N.Y. Comp. Codes R. & Regs. tit. 17 § 15.10

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

Section 15.10 - Notice and filing requirements

The content, filing and publication of the notices required by this Part shall be as follows.

(a) Determination of no significant effect.

(1) The notice of the determination of no significant effect shall contain:

(i) a statement that it is a negative declaration for the purposes of article 8 of the Environmental Conservation Law;

(ii) a statement that the department (as lead agency) has determined that the proposed direct action of the department, or the action the department proposes to fund or permit, will not have a significant effect on the environment;

(iii) the name, address and telephone number of the department employee who can provide additional information with respect to the subject action;

(iv) a brief description of the nature, extent and location of the subject action; and

(v) a brief statement of the reasons supporting the determination.

(2) The notice of determination of no significant effect shall be filed as follows:

(i) with the main office of the department, which will maintain a central file of all such determinations;

(ii) if the action constitutes a capital project or physical activity, with the regional office of the department in which region the action is located;

(iii) with the Commissioner of Environmental Conservation at 50 Wolf Road, Albany, NY 12233;

(iv) if the action constitutes a capital project or physical activity, with the regional office of the Department of Environmental Conservation in which region the action is located;

(v) if the action constitutes a capital project or physical activity, with the chief executive officer of the appropriate political subdivision in which the action is located;

(vi) if the action involves an applicant, with the applicant; and

(vii) if other agencies are involved in the funding or permitting of the action, with such other agencies.

(b) Determination that a proposed action may have a significant effect.

(1) The notice of the determination that a proposed action may have a significant effect on the environment shall contain:

(i) a statement that it is a positive declaration for the purposes of article 8 of the Environmental Conservation Law;

(iii) a statement that a DEIS will be prepared;

(iv) the name, address and telephone number of the department employee who can provide additional information with respect to the subject action;

(v) a brief description of the nature, extent and location of the subject action; and

(vi) a brief description of the possible significant effects which have been identified.

(2) The notice of determination that a proposed action may have a significant effect on the environment shall be filed in the manner prescribed in subdivision (a) of this section.

(c) Notice of completion of DEIS.

(1) The notice of completion of the DEIS shall contain:

(i) a statement that it is a notice of completion of a DEIS;

(ii) a statement that the department is the lead agency;

(iii) the name, address and telephone number of the department employee who can provide additional information with respect to the subject action;

(iv) a brief description of the nature, extent and location of the subject action;

(v) a brief description of the possible significant effects which have been identified within the DEIS;

(vi) a statement indicating where and how copies of the DEIS may be obtained from the department;

(vii) a statement that comments on the DEIS are requested, and will be received and considered by the department for a period of not less than 30 days from the date of first filing of the notice, or not less than 10 days after the close of any hearing held to consider the DEIS, whichever shall occur last; and

(viii) the address to which comments should be sent.

(2) The notice of completion of DEIS shall be filed in the same manner prescribed in subdivision (a) of this section. A copy of the DEIS shall be filed with each notice. In addition, the DEIS shall be made available to persons requesting it.

(3) A copy of the notice of completion of DEIS and the DEIS shall be sent to the Secretary of State for any action in a coastal area.

(d) Notice of hearing.

(1) A notice of hearing shall contain the following:

(i) the time, place and purpose of the hearing; and

(ii) a summary of information contained in the notice of completion of the DEIS.

(2) A notice of hearing and a notice of completion of the DEIS may be combined into one document.

(3) The notice of hearing shall be filed in the same manner prescribed in subdivision (a) of this section.

(4) The notice of hearing shall be published, at least 14 calendar days in advance of the hearing, in a newspaper of general circulation in the area of potential impacts and effects of the proposed action.

(e) Notice of completion of FEIS.

(1) The notice of completion of the FEIS shall contain the following:

(i) a statement that it is a notice of completion of an FEIS;

(ii) a statement that the department is the lead agency;

(iii) a brief description of the nature, extent and location of the subject action;

(iv) a brief description of the possible significant effects of the subject action; and

(v) a statement indicating where and how copies of the FEIS may be obtained from the department.

(2) The notice of the completion of FEIS shall be filed in the same manner as is prescribed in subdivision (a) of this section. A copy of the FEIS shall be filed with each notice and made available to persons requesting it.

(f) Subsequent notice for negative declarations. Any notice required by law or regulation to be filed or published by the department, which relates to a proposed action for which the department has filed a determination of no significant effect, shall contain a statement that such determination has been made.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 15.10