6 CRR-NY 617.12NY-CRR
6 CRR-NY 617.12
6 CRR-NY 617.12
617.12 Document preparation, filing, publication and distribution.
The following SEQR documents must be prepared, filed, published and made available as prescribed in this section.
(a) Preparation of documents.
(1) Each negative declaration, positive declaration, notice of completion of an EIS, notice of hearing and findings must contain the following: the name and address of the lead agency; the name, address and telephone number of a person who can provide additional information; a brief description of the action; the SEQR classification; and, the location of the action.
(2) In addition to the information contained in paragraph (1) of this subdivision:
(i) A negative declaration must meet the requirements of section 617.7(b) of this Part. A conditioned negative declaration must also identify the specific conditions being imposed that have eliminated or adequately mitigated all significant adverse environmental impacts and the period, not less than 30 calendar days, during which comments will be accepted by the lead agency.
(ii) A positive declaration must identify the potential significant adverse environmental impacts that require the preparation of an EIS and state how and when scoping will be conducted.
(iii) A notice of completion must identify the type of EIS (draft, final, supplemental, generic) and state where copies of the document can be obtained. For a draft EIS the notice must include the period (not less than 30 calendar days from the date of filing or not less than 10 calendar days following a public hearing on the draft EIS) during which comments will be accepted by the lead agency.
(iv) A notice of hearing must include the time, date, place and purpose of the hearing and contain a summary of the information contained in the notice of completion. The notice of hearing may be combined with the notice of completion of the draft EIS.
(v) Findings must contain the information required by section 617.11(d) and (e) of this Part.
(b) Filing and distribution of documents.
(1) A Type I negative declaration, conditioned negative declaration, positive declaration, notice of completion of an EIS, EIS, notice of hearing and findings must be filed with:
(i) the chief executive officer of the political subdivision in which the action will be principally located;
(ii) the lead agency;
(iii) all involved agencies (see also section 617.6[b] of this Part);
(iv) any person who has requested a copy; and
(v) if the action involves an applicant, with the applicant.
(2) A negative declaration prepared on an Unlisted action must be filed with the lead agency.
(3) All SEQR documents and notices, including but not limited to, EAFs, negative declarations, positive declarations, scopes, notices of completion of an EIS, EISs, notices of hearing and findings must be maintained in files that are readily accessible to the public and made available on request.
(4) The lead agency may charge a fee to persons requesting documents to recover its copying costs.
(5) If sufficient copies of the EIS are not available to meet public interest, the lead agency must provide an additional copy, in electronic or printed format, of the documents to the local public library.
(6) A copy, in electronic or printed format, of the EIS must be sent to the Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY, 12233-1750.
(7) For State agency actions in the coastal area a copy of the EIS must be provided to the Secretary of State.
(c) Publication of notices.
(1) Notice of a Type I negative declaration, conditioned negative declaration, positive declaration, draft and final scopes and completion of an EIS must be published in the Environmental Notice Bulletin (ENB) in a manner prescribed by the department. Notices must be submitted by the lead agency to the Environmental Notice Bulletin by e-mail to the address listed on the ENB’s webpage or to the following address: Environmental Notice Bulletin, 625 Broadway, Albany, NY 12233-1750. The ENB is accessible on the department's website.
(2) A notice of hearing must be published, at least 14 days in advance of the hearing date, in a newspaper of general circulation in the area of the potential impacts of the action. For state agency actions that apply statewide this requirement can be satisfied by publishing the hearing notice in the ENB and the State Register.
(3) Agencies may provide for additional public notice by posting on sign boards or by other appropriate means.
(4) Notice of a negative declaration must be incorporated once into any other subsequent notice required by law. This requirement can be satisfied by indicating the SEQR classification of the action and the agency's determination of significance.
(5) The lead agency shall publish or cause to be published on a publicly available website (that is free of charge) the draft and then final scopes and the draft and final EISs. The website posting of such scopes and statements may be discontinued one year after all necessary Federal, State and local permits have been issued or after the action is funded or undertaken, whichever is later. Printed filings and public notices shall clearly indicate the address of the website at which such filings are posted.
Preparation of environmental impact statement, Environmental Conservation Law § 8-0109.
Rules and regulations, Environmental Conservation Law § 8-0113.
RESEARCH REFERENCES AND PRACTICE AIDS:
National Environmental Policy Act of 1969, Generally. 42 U.S.C.A. § 4321.
55 NY Jur 2d, Environmental Rights and Remedies §§ 58---62, 64, 250.
61A Am Jur 2d, Pollution Control §§ 46, 47.
6 CRR-NY 617.12
Current through January 31, 2020
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