reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 15 - Procedures For Implementation Of State Environmental Quality Review Act › Section 15.8 - Procedures for funding and permit-granting where the department is not the lead agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Where the department is notified by the lead agency that it has determined that
				the proposed action of the applicant is either type II or excluded, or has been
				determined by the lead agency to be an action which will not have a significant
				effect on the environment, the department may fund such action or grant such
				permit, as the case may be, and shall have no further obligation with respect
				to this Part. In the case of an action in a coastal area, the provisions of 19
				NYCRR Part 600 may also apply and will, if applicable, be complied with by the
				department.
(b) Where the
				department is notified by the lead agency that the action is a major Federal
				action significantly affecting the quality of the human environment subject to
				the requirements of NEPA, the department shall follow those procedures
				necessary for its compliance with NEPA. Upon completion of the Federal FEIS,
				the department may fund such action or grant such permit, as the case may be,
				and shall have no further obligation with respect to this Part, provided that
				the department has:
(1) given consideration
				to the Federal FEIS; and
(2)
				prepared a record of decision in accordance with section
				15.9  of this
				Part.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 15 - Procedures For Implementation Of State Environmental Quality Review Act › Section 15.9 - Record of decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				When the department decides to directly undertake an action or to fund or
				permit the action of an applicant, where such action has been the subject of an
				FEIS or Federal FEIS, the department shall prepare a record of decision. The
				record of decision shall contain the following:
(1) the decision of the department with
				respect to the proposed action;
(2)
				the following findings:
(i) the requirements
				of section 8-0109  of the Environmental Conservation
				Law have been met;
(ii) consistent
				with social, economic and other essential considerations, from among the
				reasonable alternatives thereto, the action to be directly undertaken, funded
				or permitted by the department is an alternative which minimizes or avoids
				adverse environmental effects to the maximum extent practicable, including the
				effects disclosed in the environmental impact statement;
(iii) consistent with social, economic and
				other essential considerations, to the maximum extent practicable, adverse
				environmental effects revealed in the environmental impact statement process
				will be minimized or avoided; and
(iv) if the action is in a coastal area,
				either that the action is consistent with applicable policies set forth in 19
				NYCRR 600.5 or, if there is an approved local government waterfront
				revitalization program, that the action is consistent to the maximum extent
				practicable with that program; and
(3) a statement of the facts and conclusions
				relied upon in the FEIS or Federal FEIS supporting its decision, and indicating
				the social and economic and other factors and standards which formed the basis
				for the decision.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 15 - Procedures For Implementation Of State Environmental Quality Review Act › Section 15.10 - Notice and filing requirements

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 15 - Procedures For Implementation Of State Environmental Quality Review Act › Section 15.11 - Criteria for determining whether an action may have a significant effect on the environment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				action may have a significant effect on the environment when the action can
				reasonably be expected to have one or more of the following effects:
(1) a substantial adverse change in existing
				air quality, ground or surface water quality or quantity, traffic or noise
				levels; a substantial increase in solid waste production; a substantial
				increase in potential for erosion, flooding, leaching or drainage
				problems;
(2) the removal or
				destruction of large quantities of vegetation or fauna; the substantial
				interference with the movement of any resident or migratory fish or wildlife
				species; impacts on a significant habitat area; substantial adverse effects on
				a threatened or endangered species of animal or plant or the habitat of such a
				species; or other significant adverse effects to natural resources;
(3) the encouraging or attracting of a large
				number of people to a place or places for more than a few days, compared to the
				number of people who would come to such place absent the action;
(4) the creation of a material conflict with
				a community's current plans or goals as officially approved or
				adopted;
(5) the impairment of the
				character or quality of important historical, archaeological, architectural or
				aesthetic resources or of existing community or neighborhood
				character;
(6) a major change in
				the use of either the quantity or type of energy;
(7) the creation of a hazard to human
				health;
(8) a substantial change in
				the use, or intensity of use, of land, including agricultural, open spaces or
				recreational resources, or in its capacity to support existing uses;
(9) the creation of a material demand for
				other actions which would result in one of the above consequences;
(10) changes in two or more elements of the
				environment, no one of which has a significant effect on the environment, but
				when considered together result in a substantial adverse impact on the
				environment;
(11) two or more
				related actions directly undertaken, funded or permitted by the department,
				none of which has or would have a significant effect on the environment, but
				when considered cumulatively would meet one or more of the criteria in this
				section.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 15 - Procedures For Implementation Of State Environmental Quality Review Act › Section 15.12 - Exempt acts

Current through Register Vol. 46, No. 28, July 10, 2024
The following acts have been determined to be exempt acts and
				  are therefore not subject to the requirements of SEQR or this Part:
(a) Any act, decision or commitment required
				to be made within a specific time limit set by Federal law, rule, regulation,
				or set by other federally imposed requirement, where such time limit renders
				impact statement analysis impossible.
(b) All rehabilitation, maintenance and
				repair activities undertaken, funded or permitted by the department, involving
				no substantial changes in existing facilities, structures or
				equipment.
(c) The acquisition and
				use of equipment used to rehabilitate, maintain or repair existing
				transportation facilities, structures or equipment.
(d) All highway maintenance activities,
				including but not limited to:
(1) pavement
				maintenance;
(2) shoulder
				maintenance;
(3) roadside
				maintenance;
(4) maintenance of
				drainage systems;
(5) maintenance
				of stream channels;
(6) maintenance
				of bridges, including painting or repair by contract;
(7) snow and ice control;
(8) equipment maintenance;
(9) rest area maintenance;
(10) maintenance of traffic
				control;
(11) maintenance of
				pavement markings; and
(12) the
				execution of agreements for the maintenance of arterials.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 15 - Procedures For Implementation Of State Environmental Quality Review Act › Section 15.13 - Ministerial acts

Current through Register Vol. 46, No. 28, July 10, 2024
The following acts have been determined to be ministerial
				  acts, and are therefore not subject to the requirements of SEQR or this
				  Part:
(a) The control of outdoor
				advertising, pursuant to section 88  of the Highway Law.
(b) The control and removal of junkyards,
				pursuant to section 89  of the Highway Law.
(c) Issuance of grade crossing elimination
				orders by the commissioner, pursuant to section 222  of the Transportation Law, and the
				funding or undertaking of a grade crossing elimination project pursuant to such
				order of the commissioner.
(d)
				Issuance of alteration or rehabilitation orders for existing grade crossings by
				the commissioner, pursuant to section 91  of the Railroad Law, and the funding or
				undertaking of an alteration or rehabilitation project pursuant to such order
				of the commissioner.
(e)
				Maintaining and updating a manual specifying a uniform system of traffic
				control devices, pursuant to section 1680  of the Vehicle and Traffic
				Law.
(f) Issuing permits for the
				provision of access to non-access-controlled State highways, pursuant to
				section 52  of the Highway Law.
(g) The inspection of vehicles used in the
				transport of passengers for hire and vehicles used to transport children to and
				from school, pursuant to section 140, subdivision 2,  of the Transportation
				Law.
(h) The inspection of motor
				trucks to insure compliance with safety requirements, pursuant to section 140, subdivision 2,  of the Transportation Law.
(i) The inspection of railroad track,
				facilities and equipment to insure compliance with safety requirements,
				pursuant to sections 96 and
				115  of the Transportation Law and section 69  of the Railroad Law.
(j) The issuance of official orders, by the
				commissioner, for the discontinuance of maintenance and transfer of
				jurisdiction of State highways, pursuant to sections 62 and
				63  of the Highway Law.
(k) Private airport compliance
				determinations, pursuant to section 249  of the General Business Law.
(l) The Mass Transit Operating Assistance
				Program, pursuant to sections 18-a and
				18-b  of the Transportation Law.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 15 - Procedures For Implementation Of State Environmental Quality Review Act › Section 15.15 - Content of DEIS's and FEIS's

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All draft and final EIS's shall be
				preceded by a cover sheet stating:
(1)
				whether it is a draft or final EIS;
(2) the name or descriptive title of the
				action;
(3) the location (county
				and town, village or city) of the action;
(4) the name and address of the department
				and the name and telephone number of a department employee who can provide
				further information;
(5) the name
				of any individual or organization, other than the department or department
				employees, that prepared any portion of the statement;
(6) the date of acceptance by the
				department;
(7) in the case of a
				DEIS, the date by which comments must be submitted.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 15 - Procedures For Implementation Of State Environmental Quality Review Act › Section 15.16 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the
				department is the lead agency for an applicant, the department may charge a fee
				to the applicant for the preparation or review of the DEIS and the preparation
				of the FEIS. The fee charged shall be the entire cost to the department of such
				preparation or review. The costs shall include personal services of department
				employees computed at an hourly rate, fringe benefits attributable to such
				personal services, overhead attributable to such personal services, plus any
				other costs attributable to impact statement preparation or review. In no event
				shall the fee for impact statement preparation or review exceed any limit
				contained in 6 NYCRR 617.17.
(b)
				When a dispute arises concerning fees charged to an applicant by the
				department, the applicant may make written request to the assistant
				commissioner for management and finance for review of the fee charged. Upon
				receipt of such request, the assistant commissioner for management and finance,
				or his designee, shall review such fees charged and prepare a written response
				to the applicant setting forth the reasons why such fees are valid or
				invalid.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 15 - Procedures For Implementation Of State Environmental Quality Review Act › Section 15.17 - Flow charts

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Figure 1.
Image
Image
(b) Figure 2.
Image
Image
Image
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 30 - Oil Spill Prevention And Control-licensing Of Major Facilities › Section 30.1 - Authority

Current through Register Vol. 46, No. 28, July 10, 2024
This Part is promulgated pursuant to the authority of article
				  12, section 191  of the Navigation Law, which provides
				  the commissioner with authority to adopt, amend, repeal and enforce such rules
				  and regulations as he deems necessary to accomplish the purposes of article 12
				  of the Navigation Law.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 30 - Oil Spill Prevention And Control-licensing Of Major Facilities › Section 30.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless the context otherwise requires, the definitions
				  contained in section 172  of the
				  Navigation Law shall be applicable to this Part. The following additional
				  definitions and clarifications shall be applicable to this Part:
(a) Coast Guard plan means an operations
				manual prepared for the purpose of complying with 33 Code of Federal
				Regulations, Part 154, Subpart B (154.300 et seq.), and which does comply with
				the requirements of 33 Code of Federal Regulations, Part 154, Subpart B
				(154.300 et seq.) as it presently exists, or as amended.
(b) To contain or containment means all
				actions to limit or prevent the spread of a petroleum discharge.
(c) Major facility includes but is not
				limited to any refinery, storage or transfer terminal, pipeline, deep water
				port, drilling platform or any appurtenance related to any of the preceding
				that is used or is capable of being used to refine, produce, store, handle,
				transfer, process or transport petroleum. A vessel shall be considered a major
				facility only when petroleum is transferred between vessels in the waters of
				the State of New York. Fueling operations, and the like, between vessels shall
				not be considered petroleum transfers between vessels for the purpose of this
				definition. Facilities with total combined above-ground or buried storage
				capacity of less than 400,000 gallons are not major facilities for the purposes
				of this Part.
(d) Month means
				calendar month.
(e) Onshore major
				facility means a major facility which is not a vessel or a drilling platform,
				which is located on or under any land within the State of New York and which,
				if partially or totally located on submerged land, is physically connected to
				the shore by permanent structures located above the mean high water
				level.
(f) Spill prevention control
				and countermeasure plan (SPCC plan) means a plan which has been prepared for
				the purpose of complying with 40 Code of Federal Regulations, Part 112, and
				which does comply with the requirements of 40 Code of Federal Regulations, Part
				112, as it presently exists, or as amended.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 30 - Oil Spill Prevention And Control-licensing Of Major Facilities › Section 30.3 - License requirement

Current through Register Vol. 46, No. 28, July 10, 2024
After July 1, 1978, no person shall operate or cause to be
				  operated a major facility without a license issued by the department pursuant
				  to this Part.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 30 - Oil Spill Prevention And Control-licensing Of Major Facilities › Section 30.4 - Application requirements and procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All applications for a license or for the
				renewal of a license to operate a major facility shall be submitted to the
				department according to the following schedule:
(1) Applications for major facilities which
				will be in operation on July 1, 1978 shall be submitted by May 1,
				1978.
(2) Applications for major
				facilities which will commence operation between July 1, 1978 and July 31, 1978
				shall be submitted 60 days prior to the expected date of start-up.
(3) Applications for major facilities which
				will commence operation on or after August 1, 1978 and for renewals of licenses
				shall be submitted 90 days prior to the expected date of start-up or to the
				expiration date of the license for which renewal is sought.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 30 - Oil Spill Prevention And Control-licensing Of Major Facilities › Section 30.5 - Standards for issuance or renewal of license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicant must demonstrate that it
				has implemented or is in the process of implementing State and Federal plans
				and regulations for control of petroleum discharges and the containment and
				removal thereof when a discharge occurs. This showing may be made by submission
				of the following by the applicant:
(1) an SPCC
				plan; or
(2) a Coast Guard plan;
				or
(3) such other information
				sufficient to show that the applicant has implemented or is in the process of
				implementing a plan which will effectively provide for the control, containment
				and removal of petroleum discharges.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 30 - Oil Spill Prevention And Control-licensing Of Major Facilities › Section 30.6 - Issuance of license

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Licenses for major facilities which will be in operation on July 1, 1978, or
				which will commence operation between July 1, 1978 and July 31, 1978, will be
				issued or denied by the department within 60 days of receipt of a completed
				application by the department. All other licenses or renewals of licenses for
				major facilities will be issued or denied within 90 days of receipt of a
				completed application by the department.
(b) Any denial of a license to operate a
				major facility shall be accompanied by a statement of the reason or reasons for
				such denial.
(c) All licenses to
				operate a major facility shall contain the following general conditions:
(1) the license shall expire March 31st,
				annually;
(2) the payment of the
				license fees required by section
				30.9  of
				this Part shall be a condition of the license;
(3) the department shall promptly be notified
				of any changes in the major facility's design, construction, operation or
				maintenance which would materially affect the potential for a petroleum
				discharge;
(4) the department shall
				promptly be furnished with any amendments or changes to any Coast Guard plan,
				SPCC plan or other plan submitted with, or referred to in, the license
				application;
(5) substantial
				progress toward full implementation, and timely full implementation of any
				Coast Guard plan, SPCC plan or other plan submitted by an applicant in order to
				demonstrate compliance with the requirements for a major facility license shall
				be a condition of the license; and
(6) as a condition of the license, the owner
				or operator of the major facility shall provide access to the facility to
				representatives of the department and of the Department of Environmental
				Conservation during normal working hours for the purpose of checking compliance
				with these regulations, Federal regulations and all general and special
				conditions of the license.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 30 - Oil Spill Prevention And Control-licensing Of Major Facilities › Section 30.8 - Monthly report

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Every licensee shall submit a monthly report to the commissioner, which shall
				be made on forms provided by the commissioner and shall contain the following
				information:
(1) the total number of barrels
				of petroleum transferred to the licensee's major facility during the previous
				month;
(2) the total number of
				barrels of petroleum transferred to the licensee's major facility during the
				previous month that had previously been transferred and subject to fee
				imposition; and
(3) such other
				information as is required by the department for the proper and effective
				administration of article 12 of the Navigation Law.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 30 - Oil Spill Prevention And Control-licensing Of Major Facilities › Section 30.10 - Fines and revocation of license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any licensee which willfully refuses to
				file a monthly report, or to pay a licensee fee and/or additional fee after a
				determination by the commissioner, or files a monthly report which is willfully
				false or willfully fails to keep the records required by this Part, may be
				subject to a fine, not to exceed two times the annual license fee, as
				determined by the commissioner.
(b)
				Any license to operate a major facility may be revoked by the commissioner
				where the licensee has failed to comply with the terms of the license or any
				special conditions or requirements contained therein.
(c) The determination of whether a fine
				should be assessed and the amount thereof, or whether a license should be
				revoked, shall only be made by the commissioner after a hearing before a
				hearing officer appointed by the commissioner which is conducted in accordance
				with the provisions of the State Administrative Procedure Act.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 31 - Oil Spill Prevention And Control-financial Responsibility › Section 31.1 - Authority

Current through Register Vol. 46, No. 28, July 10, 2024
This Part is promulgated pursuant to the authority of article
				  12, section 191  of the Navigation Law, which provides
				  the commissioner with authority to adopt, amend, repeal and enforce such rules
				  and regulations as he deems necessary to accomplish the purposes of article 12
				  of the Navigation Law.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 31 - Oil Spill Prevention And Control-financial Responsibility › Section 31.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless the context otherwise requires, the definitions
				  contained in section 172  of the
				  Navigation Law shall be applicable to this Part.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 31 - Oil Spill Prevention And Control-financial Responsibility › Section 31.3 - Financial responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
Every owner or operator of a major facility or vessel shall
				  establish and maintain with the department evidence of financial responsibility
				  in the following amounts: for major facilities, $50,000,000; for vessels, $300
				  per gross ton.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 31 - Oil Spill Prevention And Control-financial Responsibility › Section 31.4 - Submission of evidence

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Evidence of financial responsibility shall be submitted to the department at
				the following address:
Major Petroleum Facilities Section
Accounting and Fiscal Services Bureau
New York State Department of Transportation
1220 Washington Avenue
Building 5, State Campus
Albany, New York 12232
Submission to the department shall not occur until actual
				  receipt by the department.
(b) Should the department find the evidence
				of financial responsibility submitted by an owner or operator of a major
				facility or vessel to be unacceptable or insufficient, the department shall
				notify such owner or operator within 15 days of submittal or within 15 days of
				the department's receipt of material or information which renders such evidence
				on file with the department unacceptable or insufficient, as the case may
				be.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 31 - Oil Spill Prevention And Control-financial Responsibility › Section 31.5 - Acceptable evidence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				following shall be acceptable evidence of financial responsibility if
				individually or in combination with each other they establish the required
				amount of financial security:
(1) a policy or
				policies of insurance;
(2)
				qualification as a self-insurer by filing with the department a certified
				statement of assets and liabilities which demonstrates to the satisfaction of
				the department that such owner or operator is possessed and will continue to be
				possessed of the financial ability to meet the liabilities which may be
				incurred under article 12 of the Navigation Law in the amounts specified in
				section
				31.3  of
				this Part. Such qualification as a self-insurer may be established be
				demonstrating a net worth in excess of the amount required by section
				31.3  of
				this Part or by the establishment of a restricted account in an amount equal to
				or greater than that required by section
				31.3  of
				this Part;
(3) a surety bond or
				bonds payable to the fund.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 32 - Oil Spill Prevention And Control-actions To Be Taken In Case Of Discharge › Section 32.1 - Authority

Current through Register Vol. 46, No. 28, July 10, 2024
This Part is promulgated pursuant to the authority of article
				  12, section 191  of the Navigation Law, which provides
				  the commissioner with authority to adopt, amend, repeal and enforce such rules
				  and regulations as he deems necessary to accomplish the purposes of article 12
				  of the Navigation Law.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 32 - Oil Spill Prevention And Control-actions To Be Taken In Case Of Discharge › Section 32.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless the context otherwise requires, the definitions
				  contained in section 172  of the
				  Navigation Law shall be applicable to this Part. The following additional
				  definition shall be applicable to this Part:
(a) To contain or containment means all
				actions to limit or prevent the spread of a petroleum discharge.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 32 - Oil Spill Prevention And Control-actions To Be Taken In Case Of Discharge › Section 32.3 - Requirement of notification

Current through Register Vol. 46, No. 28, July 10, 2024
Any person responsible for causing a discharge which is
				  prohibited by section 173  of the Navigation Law shall immediately
				  notify the department, but in no case later than two hours after the discharge.
				  In addition, the owner or operator of any facility from which petroleum has
				  been discharged in violation of section 173  of the Navigation Law, and any person
				  who was in actual or constructive control of such petroleum immediately prior
				  to such discharge, shall immediately give the department the notification
				  required by this Part unless such owner, operator or person has adequate
				  assurance that such notification has already been given.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 32 - Oil Spill Prevention And Control-actions To Be Taken In Case Of Discharge › Section 32.4 - Method of notification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Notification to the department shall be made by telephone call to the following
				number:
(518) 457-7362
Notification to the department shall be deemed to fulfill the
				  notification requirements of any other State or local law.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 32 - Oil Spill Prevention And Control-actions To Be Taken In Case Of Discharge › Section 32.5 - Discharge response

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				person responsible for causing a discharge which is prohibited by section 173  of the Navigation Law shall take
				immediate steps to stop any continuation of the discharge and shall take all
				reasonable containment measures to the extent he is capable of doing
				so.
(b) The person responsible for
				causing a discharge which is prohibited by section 173  of the Navigation Law shall also take
				those measures or actions necessary for the cleanup and removal of the
				discharge, except that:
(1) all cleanup and
				removal activities shall be subject to the supervision and control of the
				department once a representative of the department has arrived on the scene,
				or, in the event a Federal on-scene coordinator assumes control of cleanup and
				removal activities, shall be subject to the supervision and control of such
				Federal on-scene coordinator; and
(2) in the event that the department
				determines that the person attempting to clean up and remove a discharge is not
				capable of, or is not properly and expeditiously, cleaning up and removing such
				discharge, the department may order such person to cease such cleanup and
				removal operation.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 32 - Oil Spill Prevention And Control-actions To Be Taken In Case Of Discharge › Section 32.6 - Access

Current through Register Vol. 46, No. 28, July 10, 2024
At any time when a discharge has occurred or appears
				  imminent, the department and the Department of Environmental Conservation shall
				  be provided with access to any facility, major or otherwise, for the purposes
				  of taking all actions necessary for the prevention of a discharge, the cleanup
				  and removal of a discharge, and ascertaining of the source and cause of the
				  discharge.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 33 - Oil Spill Prevention And Control-duties Of County And Town Superintendents › Section 33.1 - Authority

Current through Register Vol. 46, No. 28, July 10, 2024
This Part is promulgated pursuant to the authority of
				  subdivision 9-a of section 10  of the Highway Law, which provides the
				  commissioner with authority to prescribe rules and regulations fixing the
				  duties of county and town superintendents in respect to oil spill
				  control.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 33 - Oil Spill Prevention And Control-duties Of County And Town Superintendents › Section 33.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless the context otherwise requires, the definitions
				  contained in section 172  of the
				  Navigation Law shall be applicable to this Part.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 33 - Oil Spill Prevention And Control-duties Of County And Town Superintendents › Section 33.3 - Lists of equipment

Current through Register Vol. 46, No. 28, July 10, 2024
Every county and town superintendent shall, on or before July
				  1st of every year, submit to the commissioner a list of all equipment owned by
				  the county or town, and under the direction and control of the county or town
				  superintendent, which is capable of being used for or aiding in the cleanup and
				  removal of discharges of petroleum. Such equipment lists shall contain, but not
				  be limited to: backhoes; boats; booms, skimmers and other specialized equipment
				  for the removal of petroleum; bulldozers; gradalls; graders; scrapers; tractors
				  and trucks. Lists shall be submitted to the commissioner at the following
				  address:
Oil Spill Prevention and Control Bureau
Waterways Maintenance Subdivision
New York State Department of Transportation
1220 Washington Avenue
Building 5, State Campus
Albany, NY 12232
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 33 - Oil Spill Prevention And Control-duties Of County And Town Superintendents › Section 33.4 - Commissioner's use of equipment and personnel

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the request of the commissioner or any authorized
				  representative of the department, each county or town superintendent shall make
				  such equipment as is requested, and operators for such equipment, available to
				  the department for use in the cleanup and removal of petroleum
				  discharges.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 33 - Oil Spill Prevention And Control-duties Of County And Town Superintendents › Section 33.5 - Claims for reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
Counties and towns whose equipment has been deployed by the
				  commissioner for the cleanup and removal of petroleum discharges may apply to
				  the commissioner for reimbursement of all costs incurred in such cleanup and
				  removal, including the reasonable costs of equipment usage and the salaries and
				  overhead of the operators. Reimbursement of such costs, where applicable, shall
				  be based upon the equipment rates and such other approved rates which may have
				  been or which may be established by the department. The commissioner shall
				  examine such claims and certify such claims as are just to the administrator
				  for payment.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 34 - Certifications For Consolidated Local Highway Assistance Payments › Section 34.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
The Consolidated Local Street and Highway Improvement (CHIPS)
				  Program was legislated in 1981 to provide State aid for the construction,
				  operation, and/or maintenance of highways, bridges, and highway-railroad
				  crossings that are not on the State highway system. Between 1982 and 1991, all
				  CHIPS funds were distributed to localities in a lump sum on a quarterly
				  allocation basis. In 1991, as a result of statutory changes, the CHIPS Program
				  was divided into two components: a quarterly operation and maintenance
				  (O&M) component, funded from the State's general fund, and a quarterly
				  capital component, funded from New York State Thruway Authority bond proceeds.
				  Effective April 1, 2014, CHIPS is being funded in the first instance by a
				  budget appropriation and all CHIPS capital reimbursements are now issued by the
				  Office of the State Comptroller. CHIPS O&M funding has not been included
				  since the SFY 01-02 State budget. The Legislature converted these funds into
				  additional CHIPS capital funds that have been appropriated since SFY 02-03.
				  Section 10-c  of the Highway Law and Thruway
				  Authority bond documents require that municipalities provide several
				  certifications to the Department of Transportation (NYSDOT), that are described
				  in section
				  34.2  of this
				  Part.
The Office of the State Comptroller (OSC) audits municipal
				  records and accounts. Such audits may include examination of the data generated
				  and used in CHIPS calculations.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 34 - Certifications For Consolidated Local Highway Assistance Payments › Section 34.2 - CHIPS certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Annual certification for the CHIPS O&M component is only required if
				O&M funding is appropriated by the Legislature. U nless an exemption is
				granted by the Commissioner for any municipality that receives more than $5,000
				but less than $7,000 in any local fiscal year, each municipality that receives
				$5,000 or more annually in CHIPS O&M funding must annually certify on a
				NYSDOT-provided form that its fiscal year expenditures of non-state funds
				raised by the municipality for the operation and maintenance (exclusive of
				capital construction) of its highways, bridges, and/or highway-railroad
				crossings was not reduced below the level of the average of the previous two
				fiscal years' expenditures. The annual certificate is due to the NYSDOT
				regional office that serves the municipality by the first day of the third
				month following the end of a municipality's fiscal year.
(b) Capital certification to accompany each
				request for the CHIPS capital component . Each capital project reimbursement
				request must be accompanied by a certification by the municipality, on a NYSDOT
				provided form, that the amount requested is for moneys expended by the
				municipality during a specified reimbursement period solely for eligible work.
				Eligible work consists of construction, reconstruction, or improvement of local
				highways, bridges, highway-railroad crossings, and/or other local facilities
				per NYSDOT CHIPS Capital Guidelines, including right-of-way acquisition,
				preliminary engineering, and construction supervision and inspection, where the
				service life of the project is in accordance with the stipulation on the CHIPS
				Capital Reimbursement Request Form for the project.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 35 - Disadvantaged Business Enterprise Program › Section 35.1 - Authority

Current through Register Vol. 46, No. 28, July 10, 2024
The authority for the New York State Department of
				  Transportation to establish a Disadvantaged Business Enterprise (DBE) Program
				  is in the Surface Transportation Assistance Act of 1983, section 105(f); The
				  Surface Transportation and Uniform Relocation and Assistance Act of 1987,
				  section 106(c); the Intermodal Surface Transportation Efficiency Act of 1991;
				  the Transportation Equity Act for the 21st Century; title 49 of the Code of
				  Federal Regulations, part 26; New York Highway Law, section
				  85; and such other laws, rules, regulations
				  and orders as may apply.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 35 - Disadvantaged Business Enterprise Program › Section 35.2 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
It is the policy of the New York State Department of
				  Transportation to afford the opportunity for full participation in our free
				  enterprise system to socially and economically disadvantaged persons by
				  encouraging the utilization of disadvantaged business enterprises in New York
				  State Department of Transportation construction programs.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 35 - Disadvantaged Business Enterprise Program › Section 35.3 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
As a recipient of Federal aid highway funds, the New York
				  State Department of Transportation must have a DBE Program meeting Federal
				  requirements found in volume 64, number 21 of the Federal Register, dated
				  February 2, 1999, to be codified as 49 of the Code of Regulations, part 26. The
				  purpose of this Part is to implement said Federal requirements by adopting them
				  with the same force and effect as though herein fully set forth at
				  length.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 35 - Disadvantaged Business Enterprise Program › Section 35.4 - Incorporation by reference

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of the Federal Register which have been
				  incorporated by reference in this Part have been filed in the Office of the
				  Secretary of State of the State of New York, the publication so filed being the
				  booklet entitled: Federal Register, volume 64, number 21,  49 CFR part 26, dated
				  February 2, 1999, published by the United States Government Printing Office.
				  The regulations incorporated by reference may be examined at the Office of the
				  Department of State, 41 State Street, Albany, NY 12231, at the libraries of the
				  New York Supreme Court, the State of New York Legislative Library, the New York
				  State Department of Transportation, Office of Legal Affairs or Office of Equal
				  Opportunity Development and Compliance, State Office Campus, Albany, NY 12232.
				  They also may be purchased from the Superintendent of Documents, Government
				  Printing Office, Washington, DC 20402. Copies of the Federal Register are also
				  available at many public libraries and bar association
				  libraries.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 36 - Industrial Access Program › Section 36.1 - Authority

Current through Register Vol. 46, No. 28, July 10, 2024
Chapter 54 of the Laws of 1985 established an industrial
				  access program, and required that the commissioner promulgate rules and
				  regulations establishing criteria for providing assistance under this program,
				  including standards for receiving assistance such as the number of jobs created
				  or maintained by the transportation improvement, the maximum amount of each
				  award and the information that must be provided by the entity requesting
				  assistance. Chapter 54 of the Laws of subsequent years, and most recently 1992,
				  continued the Industrial Access Program and the requirement that rules and
				  regulations be promulgated by the Commissioner of
				  Transportation.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 36 - Industrial Access Program › Section 36.2 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of the industrial access program is to provide
				  State funding for necessary highway and bridge improvements which will
				  facilitate economic development including those that would benefit the
				  agricultural industry. The appropriation for this program will be used in the
				  instance where existing funding programs (local, State, Federal) are either (1)
				  not available or (2) not appropriate due to timing or program constraints.
				  State funding will only be made available where the nature of the project is
				  such that private financing is either (1) not available or (2) not appropriate
				  due to timing or program constraints. The industrial access program is designed
				  to facilitate economic development. Any commitment of funds must be accompanied
				  by a documented commitment of jobs/economic activity intended to result from
				  the State commitment.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 36 - Industrial Access Program › Section 36.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following definitions
				  apply:
(a) Industrial access project
				(project). Project for the design, acquisition of property, construction and/or
				reconstruction of existing and/or newly located public access roads, streets
				and bridges, curbing, sidewalks, lighting systems, traffic control and safety
				devices, drainage systems and culverts as they pertain to industrial access
				needs and any other highway- or bridge-related work.
(b) Public benefit corporation. Corporation
				organized to construct or operate a public improvement wholly or partly within
				the State, profits to inure to either this or another state.
(c) State agency. An office, department,
				board, commission, bureau, division, public corporation, agency or
				instrumentality of the State.
(d)
				Industrial facility. Any type of facility to be used or occupied by any person
				in an enterprise deemed to offer a reasonable likelihood for promoting the
				creation or retention of job opportunities in the State; and includes, but is
				not limited to manufacturing plants; facilities for research and development
				purposes; facilities for conducting wholesale, receiving and distributing
				operations; facilities for conducting warehousing operations, agricultural
				operations, or any other operation dealing in the exchange of goods, wares,
				services or other types of property of any type or description. Facilities
				supporting primarily commercial retail operations are not defined as industrial
				facilities.
(e) Proposal. A written
				description of the project intended to receive Industrial Access Program
				funding which generally follows the outline given in section
				36.6(b) 
				of this Part, and which is submitted to the Regional Director of Transportation
				for the area in which the proposed project is to be located, and is intended
				for consideration by the New York State Department of Transportation for
				receipt of industrial access project funds.
(f) Sponsor. A State agency, county, city,
				town, village, industrial development agency, or public benefit corporation,
				which submits a proposal for Industrial Access Program funding and which is
				willing to enter into legal agreements with the State of New York for the
				execution of the project and repayment required by law.