NY Env Conserv L § 55-0117 (2021)
2021 New York Laws ENV - Environmental Conservation Article 55 - Sole Source Aquifer Protection 55-0117 - Comprehensive Management Plan; Approval.

§ 55-0117. Comprehensive management plan; approval.   1. The planning entity shall:  (a)  consult with appropriate officials of any local, state or federal agency which has jurisdiction over lands and waters within the area;  (b)  consult  with  the  officials  of  any  municipality  which   has jurisdiction  over  lands and waters within areas designated or proposed as special groundwater protection areas;  (c) consult with interested  professional,  scientific  and  citizens' organizations;  (d) consult with citizen's advisory committees;  (e)  transmit  any draft and final plan to all affected municipalities for review and comment; and  (f) conduct public hearings at places within the  area,  and  at  such other  places  as  may  be  appropriate,  for  the  purpose of providing interested persons with an  opportunity  to  express  their  views  with respect to matters covered by the plan.   2.  The plan shall be submitted to the commissioner. The plan shall be accompanied by  a  transmittal  letter  in  which  the  planning  entity certifies that:  (a)  the  plan  when implemented will achieve its stated water quality objectives and protect the ecological values of the special  groundwater protection area which are significant for maintenance of water quality;  (b)   the   plan   requires  the  exercise  of  land  use  and  zoning responsibilities to the greatest extent practicable to regulate the  use of  land and water resources in a manner consistent with the purposes of this article;  (c) the planning entity has afforded adequate  opportunity,  including public  hearings, for public governmental involvement in the preparation and review of the plan, and whether such review and comment thereon were considered in the plan; and  (d) the extent to which adequate assurances have  been  received  from appropriate  local officials that the recommended implementation program identified in the plan will be initiated within a reasonable time  after the  date of approval of the plan and such program will insure effective implementation of the local aspects of the plan.   3. The commissioner shall review  the  plan  and  within  ninety  days certify  that the plan conforms with all applicable state laws, official rules and regulations, state water resource management plans, and  where submitted, the nominating petition as defined in section 55-0109 of this article.   As   part  of  the  review  and  certification  process,  the commissioner shall also certify the boundaries.   4. If the commissioner finds that the plan is still not in  compliance with  applicable  state  law,  official rules and regulations, and state water resource  management  plans,  after  a  second  review,  he  shall withhold   approval  of  all  outstanding  planning  entity  claims  for reimbursement pending satisfactory revision of the plan.   5. Upon certification of the plan and the boundaries,  the  identified area  or  areas  are  officially  adopted by the commissioner as special groundwater protection areas.   6. Upon adoption of the boundaries by the planning entity, the special groundwater  protection  areas   shall   be   designated   as   critical environmental areas as defined by regulations pursuant to section 8-0113 of  this chapter and an environmental impact statement shall be prepared pursuant to section 8-0109 of this chapter for any action found to  have a  significant  impact  upon  such  areas. Such statement shall meet the requirements  of  the  most  detailed  environmental  impact   statement required  by section 8-0109 of this chapter or by any rule or regulation promulgated pursuant to such section. Upon certification of the plan  by  the  commissioner,  such statement shall include a detailed statement of the effects of any proposed action on, and  its  consistency  with,  the comprehensive management plan of the special groundwater protection area program, as implemented by the commissioner pursuant to this article.