reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.12 - Filing and service of papers with the board

Current through Register Vol. 46, No. 28, July 10, 2024
Except for the filing of the record and letters of limited
					 appearance governed separately by this Part, all other papers required or
					 permitted to be filed by the act and this Part shall be filed after service
					 with the docket clerk of the Freshwater Wetlands Appeals Board at the board's
					 office in the Department of Environmental Conservation. An original and five
					 copies shall be filed of each such paper. Papers may be filed in person or by
					 mail, and if by mail shall be deemed filed as of the day actually mailed.
					 Copies of all such papers shall be served personally or by mail on all other
					 parties to an appeal, and an affidavit of proof of service submitted with the
					 original and five copies to be filed. Except for papers in or supplementing the
					 record, all papers filed shall be eight and a half by eleven inches in size.
					 The record shall be transmitted to the docket clerk without the necessity of
					 service of copies or an affidavit of service. Copies of letters of limited
					 appearance shall be sent to each party by mail by the writer of such letters,
					 without the necessity of filing an affidavit of service.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.13 - Computation and extension of time

Current through Register Vol. 46, No. 28, July 10, 2024
In computing any time period, the last day of the period
					 shall be included, unless it is a Saturday, Sunday or legal holiday, in which
					 event the last day shall be the next day which is not a Saturday, Sunday or
					 legal holiday. Any time period may upon application of a party be enlarged for
					 good cause shown, for the doing of any act, other than the 30-day time period
					 within which a notice of appeal must be filed. Whenever a party is required or
					 permitted to perform an act within a prescribed period of service of a paper
					 upon such party, and the service is by mail, three days shall be added to the
					 prescribed period.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.14 - Prehearing conference

Current through Register Vol. 46, No. 28, July 10, 2024
The board may direct the parties, their representatives or
					 attorneys, to appear before the board, or the chairman or any member thereof,
					 for a prehearing conference to consider the simplification of the issues and
					 such other matters as may aid in the disposition of the appeal by the board.
					 The board, its chairman or any member, shall make an order which recites the
					 action taken at the conference and the agreements made by the parties as to any
					 of the matters considered, and which limits the issues to those not disposed of
					 by stipulation or agreement of the parties. Such order when entered controls
					 the subsequent course of the proceeding, unless modified.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.15 - Entry of decision

Current through Register Vol. 46, No. 28, July 10, 2024
The notation by the board's docket clerk of a decision or
					 order of the board, its chairman or any member thereof, constitutes entry of
					 the decision or order. The board's docket clerk shall, on the date the decision
					 or order is entered, mail to all parties a copy of the decision or order.
					 Copies of final decisions of appeals shall be sent to all persons making a
					 limited appearance or appearing as amicus curiae, and be sent to the county
					 clerks for the counties wherein the affected wetlands are
					 located.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.16 - Costs and fees

Current through Register Vol. 46, No. 28, July 10, 2024
Any person filing a notice of appeal shall pay to the
					 docket clerk a filing fee as the board shall set, in postal money order,
					 certified or bank check, or attorney's check.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.17 - Application for rehearing

Current through Register Vol. 46, No. 28, July 10, 2024
Any party may apply to the board for rehearing within 10
					 days after entry of a final decision on an appeal, unless such time is
					 shortened or increased by order of the board. The application shall be served
					 and filed and shall state with particularity the points of law or fact which
					 the applicant believes the board has overlooked or misapprehended. No oral
					 argument on the application will be permitted; no answer is
					 required.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.18 - Substitution of parties

Current through Register Vol. 46, No. 28, July 10, 2024
If a party dies or a public officer who is a party dies,
					 resigns or otherwise ceases in office, the appeal does not abate and such
					 party's successor shall automatically be substituted as a
					 party.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.19 - Docket clerk

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  chairman of the board shall appoint a docket clerk for the board. The docket
				  clerk shall take an oath to faithfully execute the duties set forth in this
				  Part for the docket clerk. The office of the docket clerk shall be in the
				  Department of Environmental Conservation.
(b) The office of the docket clerk shall be
				  deemed open every day but Saturday, Sunday and legal holidays for the filing of
				  any paper required or permitted by this Part. At such times as the docket
				  clerk's office is closed, application for a stay may be made directly to the
				  board's chairman as provided in section
				  647.9  of
				  this Part.
(c) The docket clerk
				  shall keep a book known as the board's docket, in such form and style as the
				  chairman shall direct. Appeals annually shall be assigned consecutive file
				  numbers. The file number of each appeal shall be noted on the file jacket of
				  each file. All papers submitted on each appeal shall be entered consecutively
				  on the file jacket and attached therein. Entries shall be brief but shall
				  clearly state the nature of the paper filed therein. The docket and the file
				  for each appeal shall be available for public inspection and copying whenever
				  the docket clerk's office is open.
(d) The docket clerk shall send out all
				  notices to parties or other communications required by this Part. The docket
				  clerk shall prepare, under the direction of the board's chairman, a monthly
				  calendar of all appeals and their status pending decision. The docket clerk
				  shall keep such other books and records as the board or its chairman may
				  require, or as otherwise required by law.
(e) The docket clerk shall have custody of
				  the records and papers of the board. The docket clerk shall not allow nor
				  permit any original record or paper to be taken from the custody of the docket
				  clerk, except as authorized by court order or at the direction of the board or
				  its chairman.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.20 - Ex parte communications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  No party, a party's representative or counsel, shall communicate with the
				  board, its chairman or any member thereof regarding any appeal or other matter
				  within the board's jurisdiction without serving copies of such communications
				  on all other parties to any appeal. Applications for a stay under section
				  647.9  of
				  this Part, or for other relief, will be entertained only upon a showing that
				  all other parties have been given reasonable notice or after the moving party
				  specifies, under oath, that all reasonable and good-faith attempts with due
				  diligence have been made to so notify the other parties without
				  success.
(b) In the exercise of
				  their quasi-judicial functions, no board member nor its chairman shall
				  communicate with the commissioner, with the staff of the Department of
				  Environmental Conservation, or with the staff or officers of any agency or the
				  APA, about any appeal pending before the board or about any other board matter
				  whatsoever, except as provided in subdivisions (c) and (d) of this
				  section.
(c) Any board member and
				  the board chairman, to whom is attempted any oral or written communication
				  concerning any matter at issue in any proceeding before the board, will decline
				  to listen to or receive such communication and will explain that the matter is
				  pending for determination. If unsuccessful in preventing an oral communication,
				  the recipient thereof will advise the communicator that a written account of
				  the communication will be delivered to the board's docket clerk for filing and
				  transmittal to all parties. The recipient of the oral communication will
				  thereafter at once make a complete written statement of the communication and
				  deliver such to the board's docket clerk. The docket clerk shall then transmit
				  the written summary to all other board members and to all parties.
(d) This section does not apply to
				  communications between the chairman and members of the board and the
				  commissioner or staff of the Department of Environmental Conservation or
				  others, regarding the administrative and procedural functioning of the board in
				  the Department of Environmental Conservation, or the efficient transaction of
				  the board's business. This section also does not apply to communications
				  between board members and the commissioner or the Commissioner of Agriculture
				  and Markets or the Governor, or their representatives, with respect to the
				  appointment, service and terms of office of the board members and chairman.
				  This section also does not apply to commnications with the members of the
				  Legislature regarding the operations of the board or the act.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.21 - Conflicts

Current through Register Vol. 46, No. 28, July 10, 2024
Each board member will file with the board's docket clerk a
					 public disclosure of any interests whatsoever which such member may have in any
					 way relevant to the jurisdiction of the board, including but not limited to any
					 economic interest in wetlands or any advisory or other role in local or State
					 government and any unit and political subdivision thereof. If any member of the
					 board has engaged in any activity which interferes with or is in conflict with,
					 or may be perceived as interfering with or being in conflict with, the hearing
					 and decision of any given appeal from any decision, determination or order,
					 such member shall disclose such activity in writing and abstain from decision
					 or the hearing or decision of any such appeal.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.22 - Quorum

Current through Register Vol. 46, No. 28, July 10, 2024
Three members shall constitute a quorum of the
					 board.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter B - Freshwater Wetlands Appeals Board › Part 647 - Rules Of Procedure › Section 647.23 - Application for rule making

Current through Register Vol. 46, No. 28, July 10, 2024
Any person may apply to the board for rule making,
					 amendatory of this Part. Such application shall specify with particularity the
					 section or sections to be changed, the proposed new language and the reasons
					 therefor. The application shall be served on the commissioner and filed with
					 the board's docket clerk in an original and five copies. The board may also
					 institute rule making on its own motion, as provided by law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter C - Albany Pine Bush Preserve › Part 648 - Public Use Of The Albany Pine Bush Preserve › Section 648.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
				  of this Part apply to lands managed by the commission which are located in the
				  County of Albany and within the City of Albany, Town of Guilderland, Town of
				  Colonie, and the incorporated Village of Colonie and which have either been:
(1) dedicated to the Albany Pine Bush
				  Preserve pursuant to ECL section 46- 0107(1)-(4); or
(2) are managed by the commission as provided
				  in a written agreement pursuant to ECL section 46-0107(5).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter C - Albany Pine Bush Preserve › Part 648 - Public Use Of The Albany Pine Bush Preserve › Section 648.3 - Permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permits to
				  allow otherwise prohibited activities may be issued to any person by the
				  commission. Activities for which a permit is sought must be consistent with the
				  goals and objectives of the Albany Pine Bush Preserve Management Plan (see
				  section
				  648.10  of this
				  Part).
(b) Any person seeking a
				  permit to allow an otherwise prohibited activity must apply in writing to the
				  commission. A written permit may or may not be issued by the commission. If a
				  permit is issued, the permittee must comply with all terms and conditions of
				  the permit. Any falsification of the information submitted on the application
				  or any violation of the terms and conditions, rules, or regulations of this
				  part constitutes grounds for permit revocation by the commission or its
				  authorized representative.
(c)
				  Permits for scientific collection may be issued by the commission and
				  department and, when required, the department and the Assistant Commissioner
				  for State Museum and Science Services, pursuant to section 233  of the Education Law as amended by
				  chapter 121 of the Laws of 1958. Plant, fish and surface water resources of the
				  preserve are protected pursuant to articles 8, 9, 11, 15 and 24 of the
				  ECL.
(d) Permit applications and
				  information must be obtained from the commission office.
(e) A permit is nontransferable.
(f) Permittees must have current permits in
				  their immediate possession when engaging in an activity for which a permit is
				  required.
(g) Permittees are
				  responsible for securing any other licenses or permits as required by State or
				  local law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter C - Albany Pine Bush Preserve › Part 648 - Public Use Of The Albany Pine Bush Preserve › Section 648.4 - Natural resource management

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It
				  is unlawful for any person to:
(1) knowingly
				  introduce, collect, deface, remove, destroy or otherwise injure in any manner
				  whatsoever any plant, animal or other living or non-living feature except as
				  otherwise herein authorized by the commission or department;
(2) feed wildlife;
(3) kindle, build, maintain or use a
				  fire;
(4) excavate or remove sand
				  or other soils; or
(5) apply any
				  pesticide or herbicide to any plant, animal, or other living or nonliving
				  feature.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter C - Albany Pine Bush Preserve › Part 648 - Public Use Of The Albany Pine Bush Preserve › Section 648.5 - Recreation and trails

Current through Register Vol. 46, No. 28, July 10, 2024
It is unlawful for any person to:
(a) engage in an activity on a trail closed
				  to that activity;
(b) ride or walk
				  a bicycle or horse except on officially established and officially marked
				  trails;
(c) walk on or otherwise
				  use an unmarked path, including firebreaks, for any purpose without a valid
				  permit;
(d) walk on or otherwise
				  use a trail that has been officially closed by the commission;
(e) use or possess a motor vehicle, such as
				  an all terrain vehicle, snowmobile or motorcycle on preserve lands or waters
				  except for administrative use, vehicles used by those with mobility impairments
				  as allowed by permit, and on preserve lands designated as parking
				  areas;
(f) use a private
				  nonmotorized boat on Rensselaer Lake unless it is less than 25 feet in length
				  and has been launched from a designated launch site;
(g) camp anywhere in the preserve;
(h) use a toboggan of any kind except on
				  established and marked trails; or
(i) possess a horse on the preserve without
				  having in their immediate possession an up-to-date negative-coggins certificate
				  for each such horse. Any horse owner found by a commission employee or
				  appropriate law enforcement official to be not in possession of the required
				  negative-coggins certificate must immediately remove the uncertified horse from
				  the preserve.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter C - Albany Pine Bush Preserve › Part 648 - Public Use Of The Albany Pine Bush Preserve › Section 648.6 - Additional regulated activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A pet must be restrained at all times by
				  an adequate collar and leash, or harness and leash, and must be under the
				  direct and complete control of its owner or a responsible person. It is
				  unlawful for any person to allow a pet to menace, threaten or injure another
				  person or another animal.
(b) Each
				  pet owner or person having possession, custody or control of a pet must remove
				  from the trail any feces left by the pet on any trail in the
				  preserve.
(c) Groups of 25 or more
				  visitors must notify the commission staff at least five days in advance of a
				  preserve visit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter C - Albany Pine Bush Preserve › Part 648 - Public Use Of The Albany Pine Bush Preserve › Section 648.7 - Vandalism, conduct and compliance requirement

Current through Register Vol. 46, No. 28, July 10, 2024
It is unlawful for any person to:
(a) deposit or cause to be deposited any
				  rubbish on or in any preserve lands, waters or structures;
(b) possess fireworks, burning materials or
				  other incendiary devices other than materials used for smoking;
(c) commit an act that may create a hazardous
				  or offensive condition in or on preserve lands, waters or structures by
				  damaging, defacing, removing, disturbing, destroying or befouling any part of
				  any area or building, sign, equipment or other property;
(d) fail to comply with a lawful order or
				  direction of any sign, or an officer or employee of the commission or the
				  Department acting in an official capacity;
(e) intentionally obstruct vehicular or
				  pedestrian traffic, any officer or employee of the commission or the Department
				  who is performing assigned official duties, or any other person who is lawfully
				  engaged in an authorized use of the preserve;
(f) erect, occupy or store any structure,
				  personal property or permanently affixed tree stands;
(g) sell, rent or barter any
				  commodities;
(h) hold any
				  competition or contest, parade, drill, maneuver, or ceremony; or
(i) disturb or erect any sign, marker,
				  placard, notice, declaration or appeal of any kind or description.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter C - Albany Pine Bush Preserve › Part 648 - Public Use Of The Albany Pine Bush Preserve › Section 648.8 - Hunting, trapping and fishing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Hunting, trapping and fishing are allowed
				  during times designated as New York State's open hunting, trapping and fishing
				  seasons, in accordance with the provisions of Parts 1-188 of this Title, and
				  notwithstanding any other provision in these regulations.
(b) Hunting and trapping are prohibited or
				  restricted in those areas designated by the commission as no hunting zones,
				  restricted hunting zones, no trapping zones, and restricted trapping
				  zones.
(c) Trappers must register
				  with the commission in person before trapping in the preserve.
(d) Trapping is prohibited within 50 feet of
				  the center of any official trail.
(e) A person hunting, trapping or fishing
				  must have in their immediate possession a valid New York State hunting,
				  trapping or fishing license and, if applicable, a scientific collectors
				  permit.
(f) White-tailed deer may
				  be hunted with a longbow only.
(g)
				  Small game may be hunted with a shotgun, .177 caliber pellet gun or longbow
				  only.
(h) Shotgun users are not
				  permitted to possess a shotgun shell loaded with a single slug or
				  ball.
(i) Possession of a rifle or
				  muzzle loading firearm is prohibited.
(j) Legally possessed pistols, no larger
				  than.22 caliber rimfire, may be used only to dispatch trapped
				  wildlife.
(k) Target practice with
				  a longbow or firearm of any kind is prohibited.
(l) Portable tree stands may be installed,
				  but no earlier than 48 hours before the first day of deer hunting season and
				  must be removed no later than 48 hours after the last day of deer hunting
				  season. Use or construction of a permanent tree stand or the installation of a
				  nail, spike, or other object into any vegetation is prohibited.
(m) Consistent with Parts 1-188 of this
				  Title, and notwithstanding any other provision in these regulations, special
				  hunts may occur for the purposes of managing wildlife populations to protect
				  human health, safety or property, or the ecological integrity of the preserve.
				  Such hunts will be carried out under the supervision of the department and the
				  commission.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter C - Albany Pine Bush Preserve › Part 648 - Public Use Of The Albany Pine Bush Preserve › Section 648.9 - Offenses; penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Unless otherwise specifically provided, any person who violates any provision
				  of this Part is guilty of a violation, punishable as provided in ECL sections
				  71-4001 and 71-4003.
(b) Personal
				  property, except portable tree stands as herein authorized, left on the
				  preserve may be removed by the commission or department. Costs for such removal
				  and disposal may be charged to the owner and such property will become the
				  property of the commission.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter C - Albany Pine Bush Preserve › Part 648 - Public Use Of The Albany Pine Bush Preserve › Section 648.10 - Management plan

Current through Register Vol. 46, No. 28, July 10, 2024
The 1993 Albany Pine Bush Preserve Management Plan and FEIS
					 and Protection and Project Review Implementation Guidelines and FEIS of 1996
					 and any updated management plans, supplements or amendments are available for
					 review at the Albany Pine Bush Preserve Commission office at 108 Wade Road,
					 Latham, NY, at Department of Environmental Conservation Region 4 offices at
					 1150 North Westcott Road, Schenectady, NY and at the Department of State, 41
					 State Street, Albany, NY 12231.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 649 - NEW YORK STATE WATER POLLUTION CONTROL REVOLVING FUND REGULATIONS › Section 649.1 - Purpose, scope and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose of this Part is to provide
					 rules and procedures for the New York State Department of Environmental
					 Conservation (department), in conjunction with the New York State Environmental
					 Facilities Corporation (corporation), to provide financial assistance to
					 eligible recipients from the New York State Water Pollution Control Revolving
					 Fund, also known as the Clean Water State Revolving Fund (CWSRF), created by
					 chapter 565 of the Laws of 1989, as amended.
(b) This Part, in conjunction with the
					 applicable rules and regulations of the corporation, 21 NYCRR Part 2602, and,
					 with respect to the linked loan project, the rules and regulations of the New
					 York State Department of Agriculture and Markets (DAM) and the New York State
					 Department of State (DOS), applies to all recipients seeking or receiving
					 financial assistance from the CWSRF and to the activities of the department in
					 the discharge of its duties related to the CWSRF.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 649 - NEW YORK STATE WATER POLLUTION CONTROL REVOLVING FUND REGULATIONS › Section 649.4 - Direct financings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 corporation may or, if so directed by the commissioner, shall provide CWSRF
					 assistance for a project pursuant to PAL section 1285-j(4) if and to the extent
					 the corporation may determine that it is unable, or that it is impracticable to
					 finance all or a portion of a project as a leveraged financing.
(b) The corporation may provide a direct
					 financing at a reduced interest rate to and ESP only if:
(1) the project is listed on the IUP's
					 multi-year PPL, and it has received a project priority score high enough to
					 place it above any funding line on the IUP's annual PPL, except as otherwise
					 permitted by the act;
(2) except as
					 otherwise permitted herein, project planning has been completed and the
					 recipient has submitted an approved engineering report;
(3) the environmental review process has been
					 completed;
(4) any necessary
					 special improvement districts have been formed; and
(5) construction of the project has not been
					 completed.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 649 - NEW YORK STATE WATER POLLUTION CONTROL REVOLVING FUND REGULATIONS › Section 649.5 - Linked deposits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 corporation shall develop and maintain a list of eligible lenders. In
					 consultation with DAM and DOS, the corporation shall develop an application to
					 be provided to eligible lenders. The corporation shall provide eligible lenders
					 with linked deposit program information and application forms as requested by
					 eligible lenders.
(b) The lender
					 shall forward the completed application along with all material terms and
					 conditions of the linked loan to the corporation for its review. Upon receipt
					 of a completed application from a lender, the corporation shall either approve
					 or deny such application based on whether the application is eligible for CWSRF
					 assistance. Upon approval of an application by the corporation, the application
					 shall be forwarded to DAM for concurrent approval for agricultural projects and
					 DOS for concurrent approval of residential and small business on-site
					 wastewater treatment system projects. Failure to approve any application within
					 30 days of receipt by the corporation shall be deemed a rejection of such
					 application.
(c) Each completed
					 application shall be accompanied by certification from the lender to the
					 corporation certifying that the linked loan interest rate is below the interest
					 rate the lender would have charged for the loan in the absence of a linked
					 deposit based on its usual credit considerations.
(d) Following approval of a linked deposit
					 application, the department shall update the intended use plan to list such
					 project.
(e) After approval by the
					 corporation's board of directors, and receipt of any other approvals necessary,
					 the corporation may execute an agreement with the lender pursuant to terms of
					 an appropriate agreement. Such agreement may include, but not be limited to,
					 the following:
(1) amount(s), interest rate
					 and term of the linked deposit;
(2)
					 provisions requiring that any linked deposit mature upon the event of an
					 uncured default by the linked loan borrower;
(3) provisions requiring that the lender
					 credit linked deposit spread on a monthly basis to the linked loan borrower to
					 offset the interest rate charged on a linked loan;
(4) periodic reporting requirements by the
					 lender regarding the linked loan;
(5) a prohibition against a lender charging
					 any discount, points, origination fees, handling fees, service charges,
					 refinancing fees or penalties or any charge other than those normally charged
					 and in such amounts normally charged by the lender for loans of the type being
					 made.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 649 - NEW YORK STATE WATER POLLUTION CONTROL REVOLVING FUND REGULATIONS › Section 649.6 - Innovative projects

Current through Register Vol. 46, No. 28, July 10, 2024
The corporation may enter into PFAs with up to three
						municipalities to receive interest-free financings for the construction of
						innovative technology demonstration wastewater treatment facilities. No such
						financing shall exceed $3 million. The three projects selected shall be those
						that the commissioner in his discretion determines best demonstrate use of an
						innovative technology that has been proven reasonably effective on at least a
						demonstration model basis.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 649 - NEW YORK STATE WATER POLLUTION CONTROL REVOLVING FUND REGULATIONS › Section 649.7 - Financing of planning and design costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) CWSRF assistance may be provided for
					 project planning costs prior to completion of that planning. Planning costs may
					 also be included as allowable costs for purposes of CWSRF assistance for any
					 subsequent portion of the project.
(b) CWSRF assistance may be provided for
					 project design costs prior to the initiation of such design.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 649 - NEW YORK STATE WATER POLLUTION CONTROL REVOLVING FUND REGULATIONS › Section 649.9 - Equivalency project requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Equivalency projects shall comply with
					 section
					 649.8 
					 of this Part, as well as with all of the requirements of this
					 section.
(b) Prior to making formal
					 application for CWSRF assistance for construction of an equivalency project, a
					 recipient must submit a facilities plan which:
(1) includes those elements required in an
					 engineering report;
(2)
					 demonstrates that those mandatory planning requirements of title II of the act
					 for equivalency projects have been met; and
(3) incorporates any other requirements of
					 the commissioner. The facilities plan shall replace the requirements of the
					 engineering report.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 649 - NEW YORK STATE WATER POLLUTION CONTROL REVOLVING FUND REGULATIONS › Section 649.10 - Application and project financing agreements (pfa)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications for CWSRF assistance shall
					 be submitted in accordance with the provisions set forth in the IUP, in a
					 format that is consistent with instructions published by the corporation
					 including, at the corporation's discretion, the use of forms published by the
					 corporation for use by parties seeking CWSRF assistance. An applicant may
					 submit an application to the corporation for CWSRF assistance for projects for
					 pre-design planning costs as set forth in the IUP. An applicant may submit an
					 application to the corporation for CWSRF assistance for projects beyond the
					 pre-design planning stage when project planning is completed and the applicant
					 has submitted a facilities plan for an equivalency project or an engineering
					 report, if required, for the project, and the corporation or the department is
					 in the process of reviewing or has approved that report or plan.
(b) For projects beyond the pre-design
					 planning stage, a PFA shall not be executed until a completed application for
					 CWSRF assistance for that project has been submitted by the recipient to, and
					 approved by, the corporation. A complete application shall include:
(1) formation and approval of any necessary
					 special improvement districts;
(2)
					 satisfaction of all environmental review requirements; and
(3) any other documentation relevant in
					 evaluating an application for CWSRF assistance.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 649 - NEW YORK STATE WATER POLLUTION CONTROL REVOLVING FUND REGULATIONS › Section 649.12 - Remedies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a recipient
					 has received CWSRF assistance for work which is not an allowable cost of a
					 project, the recipient may be required to reimburse the CWSRF for the amount of
					 misapplied CWSRF assistance received (reimbursed amounts may be applied to
					 allowable project costs or to bond redemption) and until the full amount of
					 such misapplied CWSRF assistance has been reimbursed, the corporation may apply
					 any interest rate subsidy to such reimbursement or recoup any other benefit
					 provided to the recipient, or reduce any future interest rate subsidy or such
					 other benefit, or reduce any future interest rate subsidy or such other benefit
					 for future CWSRF assistance for purposes of reimbursing the CWSRF in addition
					 to any other remedy permitted pursuant to this section, the PFA, or by
					 law.
(b) If the department or the
					 corporation determines that the project is not in compliance with Federal or
					 State laws or the terms of the applicable PFA, and following due written notice
					 to the recipient, the project or recipient is not brought into compliance, the
					 corporation may:
(1) withdraw the interest
					 rate subsidy, recoup any other benefit provided to the recipient, or reduce any
					 future interest rate subsidy or such other benefit, or reduce any future
					 interest rate subsidy or such other benefit for future CWSRF
					 assistance;
(2) refuse to approve
					 CWSRF disbursement requests; and
(3) refuse execution of subsequent PFAs until
					 the project or recipient is brought into compliance.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 649 - NEW YORK STATE WATER POLLUTION CONTROL REVOLVING FUND REGULATIONS › Section 649.14 - Category f project listing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Funds available for category F shall be distributed in the form of linked
					 deposits on a first come first served basis as completed applications are
					 received and approved by the corporation's board of directors. If a completed
					 application is received by the corporation which exceeds the amount remaining
					 in category F, the corporation may reject the application or fund the linked
					 deposit up to the amount remaining in category F.
(b) The commissioner shall, from time to
					 time, update the IUP to include all approved category F linked loan
					 recipients.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 649 - NEW YORK STATE WATER POLLUTION CONTROL REVOLVING FUND REGULATIONS › Section 649.15 - Miscellaneous

Current through Register Vol. 46, No. 28, July 10, 2024
The corporation is authorized to take any corrective
						actions required by the administrator under the provisions of section 605 of
						the act if, in the judgment of the department or the corporation such
						corrective actions are required by applicable law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 649 - NEW YORK STATE WATER POLLUTION CONTROL REVOLVING FUND REGULATIONS › Section 649.16 - Material incorporated by reference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following documents referenced in
					 this Part are available for review and copying at the New York State
					 Environmental Facilities Corporation, 625 Broadway, Albany, New York
					 12207-2997.
(1) Federal Water Pollution
					 Control Act, also known as the Clean Water Act,
					 33 USC
					 1251 et seq., as amended from time to
					 time.
(2) Title 40 Code of Federal
					 Regulations (CFR), part 35, section 2005.
(3) Chapter 75, title 31, United States Code
					  (31
					 USC section 7501 et seq. enacted by Public
					 Law 98-502, the Single Audit Act of 1984), as it may be amended.
(4) Title 40 of the CFR, part 35, subpart K
					 (sections 35.3100 through 35.3170 and Appendix A) as amended and
					 revised.
(5) Title 21 of the
					 Official Compilation of Codes Rules and Regulations of the State of New York,
					 Part 2602.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 649 - NEW YORK STATE WATER POLLUTION CONTROL REVOLVING FUND REGULATIONS › Section 649.17 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provisions of this Part or the application thereof
						to any person or circumstance is adjudged invalid by a court of competent
						jurisdiction, such judgment shall not affect or impair the validity of the
						other provisions of this Part or the application thereof to other persons or
						circumstances.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 650 - Qualifications Of Operators Of Wasterwater Treatment Plants › Section 650.1 - Purpose, applicability, and exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose. The purposes of this Part are
					 to:
(1) establish the qualifications necessary
					 for certification of wastewater treatment plant operators in New York State;
					 and
(2) require that wastewater
					 treatment plants be under the responsible supervision of an appropriately
					 certified operator.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 650 - Qualifications Of Operators Of Wasterwater Treatment Plants › Section 650.4 - Certified operators required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A wastewater treatment plant must at all
					 times be under the responsible supervision of a chief operator or
					 assistant/shift operator certified pursuant to this Part.
(b) Tables 1 and 2 (section
					 650.12  of this Part)
					 indicate the minimum grade chief operator and assistant/shift operator required
					 to be in responsible charge of the actual operation of a wastewater treatment
					 plant and a summary of the required qualifications of the chief operator and
					 assistant/shift operator.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 650 - Qualifications Of Operators Of Wasterwater Treatment Plants › Section 650.5 - Preliminary qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
A chief operator or assistant/shift operator shall be
						physically capable of performing his/her duties, shall possess a high school
						diploma or high school equivalency diploma, and shall produce evidence
						acceptable to the appointing authority as to his/her character and ability to
						maintain and operate properly all equipment entrusted to his/her
						care.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 650 - Qualifications Of Operators Of Wasterwater Treatment Plants › Section 650.7 - Certification and renewal procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person seeking certification shall
					 submit an application on a form specified by the department. The department
					 shall issue a certificate which specifies the operator grade consistent with
					 the operator qualifications specified in this Part.
(b) Certificates shall be valid for a period
					 of five years unless revoked by the department prior to that time.
(c) Certificates may be renewed upon
					 application 90 days prior to the date of expiration on a form specified by the
					 department. An operator whose certificate has expired may have his/her
					 certificate reinstated upon meeting the renewal requirements and may be
					 required to pass an exam.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 650 - Qualifications Of Operators Of Wasterwater Treatment Plants › Section 650.8 - Renewal requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Applicants for renewal shall present evidence to the
						department that demonstrates the completion of the required contact hours of
						approved training related to the field of wastewater treatment. Within the five
						years preceding the application for renewal, the applicant must complete the
						number of required contact hours indicated in table 3 (section
						650.12  of this Part). Each
						course or seminar attended for the purpose of certification renewal must be
						verified by a completion certificate designating the training hours involved
						and signed by the instructor. All training to be used for renewal training must
						be approved by the department. The department assumes no responsibility to
						provide any training in conjunction with these training
						requirements.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 650 - Qualifications Of Operators Of Wasterwater Treatment Plants › Section 650.9 - Authority to alter requirements or to require examinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Based on a given plant's design capacity,
					 the types of treatment processes, and the classification of receiving waters,
					 the department may require the wastewater treatment plant to be operated by a
					 higher grade operator than that required under this Part.
(b) The department may require any person
					 whose qualifications are submitted for consideration to take written, oral or
					 practical examinations and may approve such qualifications in a specific grade
					 on the basis of the results of such examinations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 650 - Qualifications Of Operators Of Wasterwater Treatment Plants › Section 650.10 - Suspension or revocation of certificates

Current through Register Vol. 46, No. 28, July 10, 2024
Upon notice and opportunity for hearing, the department
						may suspend or revoke a certificate of an operator on grounds including but not
						limited to the following:
(a) the
					 certificate was issued erroneously or by mistake; or
(b) the operator obtained the certificate
					 through fraud, deceit, or through the submission of incorrect data on his/her
					 application; or
(c) the operator
					 was negligent, or practiced fraud or deceit, in the performance of his/her
					 duties.