reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.8 - Wharfage

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
				"wharfage," as used in these rules and regulations, refers to the privilege of
				moving cargo over the dock, wharf or pier or the loading or discharging of
				vessels overside when berthed at dock, wharf or pier. It shall also apply
				against liquid moved from vessels to tanks or from tanks to vessel through pipe
				lines. It does not include sorting, piling, weighing, handling, inurance,
				custom charges, revenue stamps, or fees of any nature imposed by the State or
				government against the shipment or vessels transferring the same.
(b) All vessels and their owners landing
				goods on the wharfs or receiving goods from or over the wharfs or delivering or
				receiving liquids or other commodities by pipe lines or delivering or receiving
				goods from vessels while said vessel is berthed at a wharf, thereby contract to
				pay and are responsible for the wharfage on the same at the rates provided to
				be collected, either from vessels, their owners or their agents.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.9 - Access to shipping record and payment of bills

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Steamship agents, owners and masters will
				be required to furnish or permit access to the manifestos of cargo and railroad
				documents by the authorized representatives of the Commission for the purpose
				of ascertaining the necessary data to permit assignment of facilities and
				correct estimate of charges.
(b)
				All vessels, their owners or agents, using the wharfs or facilities shall,
				within three days after the sailing of the vessel in the case of outward cargo,
				or within three days after the arrival of vessels in the case of inward cargo,
				furnish the commission or its authorized representative with all necessary
				documents to enable the proper preparation and auditing of bills covering
				dockage, wharfage or any other attendant services or fees chargeable by the
				commission against said vessel.
(c)
				All stevedores or other persons, firms or corporations using any facilities or
				equipment of the commission, shall, unless otherwise provided by existing
				contracts, pay all bills within 15 days of date of mailing to them by the
				commission; failing to do this, they shall be placed upon the delinquent list
				and denied further use of the equipment or facilities under the jurisdiction of
				the commission until said bills have been paid, or permission obtained from the
				commission. Bills must be paid as presented and errors, if any, will be
				rectified by the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.10 - Storage

Current through Register Vol. 46, No. 28, July 10, 2024
Storage charges are charges made on freight remaining on
				  docks, wharfs, warehouses, or in or on any commission property or facility,
				  after allowed free time period, as named in storage tariff. All lumber,
				  shingles and lath, remaining in Truck Delivery yard (not backpiled) after
				  expiration of free time will be assessed a daily storage charge as outlined in
				  the commission storage tariff. Storage charges on shipments for outward water
				  movement will be assessed against and collected from the steamship companies,
				  and the steamship companies will collect for their own account any of these
				  charges not absorbed by them. Storage charges on shipments received from
				  vessels will be assessed against consignees, direct, by the commission, unless
				  it be evident that the steamship company is responsible for incurring such
				  charges; in which case, same will be assessed against the steamship company.
				  After the expiration of free time, all cargo (except woodpulp and manila hemp)
				  remaining in transit sheds will be moved to warehouse, as named in tariff of
				  terminal charges.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.11 - Unprovided-for movement of freight

Current through Register Vol. 46, No. 28, July 10, 2024
Shippers must furnish the commission with a copy of steamship
				  company's confirmation of space reservation to cover shipments for water
				  movement. When shippers, consignees, rail or water carriers forward merchandise
				  or commodities to be handled over the Port facilities without having previously
				  made arrangement for the handling or storage of same, it is optional with the
				  commission management as to whether such business shall be accepted or not, and
				  the commission will not be responsible for any rail or steamship demurrage
				  which may accrue under these circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.12 - Goods held for storage

Current through Register Vol. 46, No. 28, July 10, 2024
The commission reserves the right to withhold delivery of
				  goods on which any terminal charges are due and unpaid at time request for
				  delivery is made, until such time as these charges are paid in
				  full.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.13 - Right to sell goods for unpaid charges

Current through Register Vol. 46, No. 28, July 10, 2024
Any merchandise on storage, on which the owner is unable to,
				  or refuses to pay storage and other commission facility charges, may be sold by
				  the commission for the satisfaction of said charges and the added cost and
				  expenses of keeping and selling such goods, provided proper legal notice of the
				  sale has been given through local newspaper advertising and the sale has been
				  authorized by resolution passed by the commission. Any proceeds of the sale
				  remaining after satisfaction of all charges due, shall be turned over to the
				  owner of the goods. In the event of obtaining no bids at the sale, the
				  commission may, after proper notice to owner, make such disposition of the
				  goods as may appear practicable. In case of goods which are of a perishable
				  nature, or which by reason of their nature, are liable to injure other
				  property, the commission may sell same at public or private sale without
				  advertising, provided owner has been given proper notification to pay charges
				  and remove goods and has failed to comply with such requests. Also the
				  commission reserves the right to move freight which might damage other goods,
				  to another location within terminal, or to private facilities, at the risk and
				  expense of owner.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.14 - Owner's risk

Current through Register Vol. 46, No. 28, July 10, 2024
Glass, liquids and fragile articles will be accepted only at
				  owner's risk of breakage, leakage and chafing.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.15 - Improper packing

Current through Register Vol. 46, No. 28, July 10, 2024
All freight not packed in packages suitable for standing the
				  ordinary handling incident to its movement or transportation, may at the
				  discretion of the chairman or any person delegated by him, be rejected or
				  repacked at the expense of shipper, consignee or other party responsible for
				  same.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.16 - Refusal of low valued freight

Current through Register Vol. 46, No. 28, July 10, 2024
The commission reserves the right to refuse any freight, the
				  value of which may be determined as less than the probable terminal
				  charges.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.17 - Responsibility for loss or damage

Current through Register Vol. 46, No. 28, July 10, 2024
The commission will not be responsible for damage to or loss
				  of any freight being loaded or unloaded, at the public wharfs and will not be
				  responsible for any delay to same, nor for damage to freight on its wharfs, in
				  its sheds, warehouses, or in or on any Port facility by fire, leakage, or
				  discharge of water from sprinkler fire protection system, collapse of building,
				  rats, mice, moths, weevils, frost or the elements and acts of God nor will it
				  be answerable for any delay, loss or damage arising from insufficient
				  notification or from war, insurrection, shortage of labor, combinations, or
				  riots or strikes of any persons in their own employ or in the service of
				  others, nor from any consequences arising therefrom. Steamship companies
				  arranging to use open wharfs shall be required to furnish watchmen at all times
				  when they have freight on said open wharves.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.18 - Explosives and inflammables

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Explosive and hazardous or highly inflammable commodities or materials may only
				be handled over, or received on the wharfs or terminals of the commission by
				special arrangement with, and at the option of the commission and subject to
				Federal, State and City rules and regulations.
(b) If, and when, permitted, liquid petroleum
				products, hay, straw, flax tow, and other commodities deemed extra hazardous
				will be received only between the hours of 8 a.m. and 5 p.m., and must be
				immediately removed from the premises.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.19 - Lights

Current through Register Vol. 46, No. 28, July 10, 2024
Every vessel lying alongside a wharf, from sunset until
				  sunrise shall have every gangway brightly illuminated by the best available
				  means as long as such gangway is in communication with the shore. All gear and
				  cargo skids shall be uprigged at sundown, except during such time as they are
				  actually in use, when they shall be brightly illuminated.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.20 - Proper care of vessel and authority to order change of berth

Current through Register Vol. 46, No. 28, July 10, 2024
A vessel anchored or moored in the port or lying at the dock
				  must at all times have at least one officer and such seamen on board or in
				  charge thereof as will insure proper care of the vessel. If it becomes
				  necessary in order to facilitate navigation or the commerce of the port or for
				  the protection of other vessels or property, a vessel may be ordered to shift
				  its position at a wharf, to change berths, or to vacate a berth by order of the
				  commission at the expense of the owner, and owner and vessel shall be liable
				  for all damages and costs that arise thereby.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.21 - Safety measure against disease

Current through Register Vol. 46, No. 28, July 10, 2024
Masters of all vessels are required to place guards or other
				  effective appliances on all hausers and lines, attached to the dock, to prevent
				  rats from moving between ship and dock. Likewise, gang-ways or other
				  connections between the boat and dock, when not in use, must be similarly
				  protected.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.22 - Resposibility for entering port property

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No admittance will be permitted to sheds,
				warehouses, platforms, docks or other structures except to those having
				business to transact with the commission or with the tenants of the
				commission.
(b) The commission will
				not be responsible for accidents or injuries to property or persons by reason
				of boarding vessels or presence in or upon commission structures or other
				property.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.23 - Clearance around fire hydrants

Current through Register Vol. 46, No. 28, July 10, 2024
No persons shall leave standing, or cause or permit to be
				  left standing, any automobile or other vehicle, or stop or cause to be stopped
				  any automobile or other vehicle, within 20 feet of any fire hydrant maintained
				  by the commission or the City of Albany on lands under the control and
				  management of the commission, except to permit of the immediate movement of
				  contents.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.24 - No parking on wharfs

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be unlawful for any person to leave any animal,
				  automobile or other vehicle upon any wharf or portion of any wharf under the
				  control and management of the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.25 - No smoking

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be unlawful for any person to smoke or to light any
				  match or to use or carry any open flame, or for any person, firm, or
				  corporation to permit any smoking or the lighting of any match or the use or
				  carrying of any open flame upon any wharf or in any transit shed, warehouse or
				  any similar building on Port property under the control of the
				  commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.26 - Spark protector necessary

Current through Register Vol. 46, No. 28, July 10, 2024
Every steam or donkey engine, when used upon any wharf or
				  landing, and every pile driver when working on or alongside any wharf, must
				  have upon its smokestack, a bonnet or spark catcher that will effectually
				  prevent sparks from falling upon such wharf or upon the deck of any
				  vessel.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.27 - Wharf obstructions

Current through Register Vol. 46, No. 28, July 10, 2024
Stevedores, owners of vessels and all persons using Port
				  facilities shall remove from the docks, wharfs and other surface, all
				  equipment, appliances, material or objects which is not part of a cargo, and
				  keep the apron of the dock or other surface free from litter or
				  debris.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.28 - Deposit of refuse, etc., forbidden

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be unlawful to throw, discharge, or deposit, or
				  cause, suffer, or procure to be thrown, discharged, or deposited either from or
				  out of any vessel, or from the shore dock, wharf or establishment of any kind,
				  any refuse matter of any kind or description whatever, into the port harbor or
				  waters of the Hudson River.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.29 - Speed limit in port area

Current through Register Vol. 46, No. 28, July 10, 2024
Any person operating or driving a motor vehicle or other
				  vehicle within the port area shall operate and drive the same at a careful and
				  prudent speed, not greater than is reasonable and proper, having due regard to
				  traffic, surface and use of the property, and at all times subject to the rules
				  and regulations of the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.30 - Enforcement of rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except in those areas where the duty is
				specifically imposed upon some other officer or employee of the Cities of
				Albany or Rensselaer, it shall be the duty of any employee of the commission to
				whom the authority is delegated, to see to the enforcement of these rules and
				regulations, and for that purpose, he shall have the power and authority of a
				regular police officer of the Cities of Albany and Rensselaer, including the
				power to make arrests for the violation of any of the provisions of these rules
				and regulations.
(b) It shall also
				be the duty of any employee of the commission to report to the proper Federal
				or municipal officer the violation of any law, rule or regulation respecting
				the operation or control of Albany harbor in every case in which he is not,
				himself, empowered to act.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.31 - Penalties for violation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It
				shall be unlawful for any person, firm or corporation to utilize or make use of
				any wharf, dock, landing or other utility operated by the Port Commission
				without paying to said commission the proper toll charge or fee therefor as
				fixed by the commission.
(b) It
				shall be unlawful for any person, firm or corporation to fail, refuse or
				neglect to comply with any of the provisions of the rules and regulations
				prescribed herein, and a violation of any of the provisions of these rules and
				regulations shall be subject to the penalties in such case made and
				provided.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.32 - Control of smoke emissions from vessels

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall operate any combustion installation on any
				  vessel as to produce or permit the escape of smoke regardless of how produced
				  or discharged in any shade of great density darker than a No. 2 Ringlemann
				  chart or an equivalent standard, except when building a new fire, tube blowing,
				  preparation for sailing or when a breakdown of equipment occurs which makes it
				  evident that the emission was not reasonably preventable; smoke which is not
				  greater than a No. 3 Ringlemann chart or equivalent standard may be emitted for
				  a period or periods not exceeding three minutes in any 30 minute
				  period.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.33 - Right to interpret rules and change the same

Current through Register Vol. 46, No. 28, July 10, 2024
The commission reserves the right to interpret its own rules
				  and regulations, and alter, change, amend or modify the foregoing rules or
				  regulations without notice.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 801 - Rules And Charges Governing The Handling Of Freight › Section 801.1 - Schedule No. 12-L

Current through Register Vol. 46, No. 28, July 10, 2024
ALBANY PORT DISTRICT COMMISSION
Rules and charges governing the handling of freight at the
				  Port of Albany
Image
TERMINAL CHARGES
Item No.
1. xDOCKAGE
				(Per Day -- Saturdays, Sundays and Holidays included):
Canal: Canal boats, barges or lighters, less than 150 feet in
				  length, ten cents (10¢) per running foot per day or fraction thereof.
				  Minimum $10.00 per day, or fraction thereof per boat.
Barges or lighters, 150 feet or more in length, twelve cents
				  (12¢) per running foot per day or fraction thereof.
Ocean. All self-propelled vessels, six cents
				(6¢) per net registered ton, per day or fraction thereof.
Dockage Day: A 24-hour period or fraction thereof starting at
				  7:00 A.M., Saturdays, Sundays and Holidays included.
Vessels refusing to vacate a berth, when so ordered as per
				  Item No. 20 of APDC General Rules and Regulations No. 3, will be assessed for
				  those hours the vessel occupies the berth beyond the order to move until
				  operations resume, at the rate of $50.00 per hour or fraction thereof.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 802 - Tariffs › Section 802.1 - Railroad Tariff No. 1-switching and demurrage

Current through Register Vol. 46, No. 28, July 10, 2024
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New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 803 - Public Access To Records › Section 803.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The people's
				right to know the process of government decision-making and the documents and
				statistics leading to determinations is basic to our society. Access to such
				information should not be thwarted by shrouding it with the cloak of secrecy or
				confidentiality.
(b) This Part
				provides information concerning the procedures by which records may be
				obtained.
(c) Personnel shall
				furnish to the public the information and records required by the Freedom of
				Information Law and those which were furnished to the public prior to its
				enactment.
(d) Any conflicts among
				laws governing public access to records shall be construed in favor of the
				widest possible availability of public records.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 803 - Public Access To Records › Section 803.2 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chairman, is responsible for insuring
				compliance with this Part, and designates the following persons as records
				access officers: F. W. Dunham, Jr., General Manager, Administration Building,
				Port of Albany, Albany, New York 12202.
(b) Records access officers are responsible
				for insuring appropriate agency response to public requests for access to
				records. However, the public shall not be denied access to records through
				officials who have in the past been authorized to make records or information
				available. Records access officers shall assure that personnel:
(1) Maintain an up-to-date subject matter
				list.
(2) Assist the requester in
				identifying requested records, if necessary.
(3) Upon locating the records, take one of
				the following actions in accordance with section
				803.6(b) of this
				Part:
(i) Make records promptly available for
				inspection; or,
(ii) Deny access to
				the records in whole or in part and explain in writing the reasons
				therefor.
(4) Upon
				request for copies of records:
(i) Make a
				copy available upon payment or offer to pay established fees, if any, in
				accordance with section
				803.8 of this Part; or,
(ii) Permit the requester to copy those
				records.
(5) Upon
				request, certify that a transcript is a true copy of records copied.
(6) Upon failure to locate records, certify
				that:
(i) Albany Port District Commission is
				not the legal custodian for such records, or
(ii) The records of which Albany Port
				District Commission is a legal custodian, after diligent search, cannot be
				found.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 803 - Public Access To Records › Section 803.3 - Designation of fiscal officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Guy
				N. Childs, Treasurer, Administration Building, Port of Albany, Albany, N.Y.
				12202 is designated the fiscal officer, who shall certify the payroll and
				respond to requests, in accordance with section
				803.6(b) of this
				Part, for an itemized record setting forth the name, address, title and salary
				of every officer or employee of the agency.
(b) The fiscal officer shall make the payroll
				items listed above available to any person including bona fide members of the
				news media as required under section 88(1) (g), (1) (i), and (10) of the
				Freedom of Information Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 803 - Public Access To Records › Section 803.4 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and copying
				  at: Administration Building, Port of Albany, Albany, N.Y. 12202, or at the
				  location where they are kept.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 803 - Public Access To Records › Section 803.5 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted and
				  records produced during all hours regularly open for business. These hours are:
				  9 a.m. to 4:30 p.m.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 803 - Public Access To Records › Section 803.6 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where a request for records is required,
				such request may be oral or in writing. However, written requests shall not be
				required for records that have been customarily available without written
				request.
(b)
(1) Except under extraordinary circumstances,
				officials shall respond to a request for records no more than five business
				days after receipt of the request, whether the request is oral or in
				writing.
(2) If, because of
				extraordinary circumstances, more than five business days are required to
				respond to a request, receipt of the request shall be acknowledged within five
				business days after the request is received. The acknowledgment shall state the
				reason for delay and estimate the date when a reply will be made.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 803 - Public Access To Records › Section 803.7 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial
				of access to records shall be in writing stating the reason therefor and
				advising the requester of the right to appeal to the individual or body
				established to hear appeals.
(b) If
				requested records are not provided promptly, as required in section
				803.6(b) of this
				Part, such failure shall also be deemed a denial of access.
(c) The following body shall hear appeals for
				denial of access to records under the Freedom of Information Law: Albany Port
				District Commission, Administration Building, Port of Albany, Albany, New York
				12202, Tel. No. (518) 463-1103.
(d)
				The time for deciding an appeal by the individual or body designated to hear
				appeals shall commence upon receipt of written appeal identifying:
(1) The date of the appeal.
(2) The date and location of the requests for
				records.
(3) The records to which
				the requester was denied access.
(4) Whether the denial of access was in
				writing or was by failure to provide records promptly as required by section
				803.6(b) of this
				Part.
(5) The name and return
				address of the requester.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 803 - Public Access To Records › Section 803.8 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
				no fee charged for
(1) inspection of
				records.
(2) search for
				records.
(3) any certification
				pursuant to this Part.
The fee for photocopies not exceeding 81/2 by 14 inches is 25
				  cents per page.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 803 - Public Access To Records › Section 803.9 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
A notice containing the job title or name and business
				  address of the records access officers and fiscal officer; the name, job title,
				  business address and telephone number of the appeal person or persons or body;
				  and the location where records can be seen or copied, shall be posted in a
				  conspicuous location wherever records are kept and/or published in a local
				  newspaper of general circulation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 803 - Public Access To Records › Section 803.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstances 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 and
				  circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 806 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
I.C.C. Service Order No. 976, as amended by I.C.C. No. 976
				  Amendment No. 1, was vacated by I.C.C. Service Order No. 976-A effective June
				  30, 1967.
I.C.C. Service Order No. 979, as amended by I.C.C. No. 979
				  Amendment No. 1, was vacated by I.C.C. Service Order No. 979-A effective July
				  1, 1967.
The above orders and amendments were filed June 30,
				  1967.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 831 - Comprehensive Plan (article 1) › Section 831.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall govern the submission, consideration, and
					 inclusion of projects into the comprehensive plan.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 831 - Comprehensive Plan (article 1) › Section 831.2 - Concept of the plan

Current through Register Vol. 46, No. 28, July 10, 2024
The comprehensive plan shall be adopted, revised and
					 modified as provided in sections 3.2 and 13.1 of the Compact. It is the
					 commission's responsibility to adopt the comprehensive plan, after consultation
					 with water users and interested public bodies, for the immediate and long-range
					 development and uses of the water resources of the basin. The plan shall
					 include the public and private projects and facilities which the commission
					 determines are required for the optimum planning, development, conservation,
					 utilization, management and control of the water resources of the basin to meet
					 present and future needs. In addition to the included projects and facilities,
					 the comprehensive plan consists of the statements of policies, and programs
					 that the commission determines are necessary to govern the proper development
					 and use of the river basin. The documents within the comprehensive plan
					 expressing the commission's policies and programs for the future, including the
					 means for carrying them out, may be set forth through narrative text, maps,
					 charts, schedules, budgets and other appropriate means.
Specific projects and facilities and statements of policy
					 and programs may be incorporated, deleted or modified from time to time to
					 reflect changing conditions, research results and new technology. The degree of
					 detail described in particular projects may vary depending upon the status of
					 their development.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 831 - Comprehensive Plan (article 1) › Section 831.3 - Other agencies

Current through Register Vol. 46, No. 28, July 10, 2024
Projects of the Federal agencies affecting the water
					 resources of the basin, subject to the limitations in section
					 1.4 of the Compact, shall be
					 governed by section 11.1 of the Compact. Projects of the signatory states,
					 their political subdivisions and public corporations affecting the water
					 resources of the basin, shall be governed by the provisions of section 11.2 of
					 the Compact.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 831 - Comprehensive Plan (article 1) › Section 831.4 - Project applications and proposed revisions and changes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications
				  for inclusion of new public projects and the deletion or alteration of
				  previously included public projects may be submitted by signatory parties and
				  agencies or political subdivisions thereof. Owners or sponsors of privately
				  owned projects may submit applications for the inclusion of new private
				  projects and the deletion or alteration of previously included private projects
				  in which the applicant has an interest. The commission may also receive and
				  consider proposals for changes and additions to the comprehensive plan which
				  may be submitted by any agency of the signatory parties, or any interested
				  person, organization, or group. Any application or proposal shall be submitted
				  in such form as may be required by the executive director to facilitate
				  consideration by the commission. Applications for projects shall include at
				  least the following information:
(1) purpose
				  or purposes, including quantitative measures of physical benefit anticipated
				  from the proposal;
(2) the
				  location, physical features and total area required;
(3) forecast of the cost or effect on the
				  utilization of water resources;
(4)
				  relation to other parts of the existing comprehensive plan;
(5) a discussion of conformance with
				  commission policies included in the comprehensive plan; and
(6) a discussion of the alternatives
				  considered.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 831 - Comprehensive Plan (article 1) › Section 831.5 - Review of applications

Current through Register Vol. 46, No. 28, July 10, 2024
Following staff study, examination and review of each
					 project application, the commission shall hold a public hearing upon notice
					 thereon as provided in section 14.4(b) of the Compact and may take such action
					 on a project application as it finds to be appropriate.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 831 - Comprehensive Plan (article 1) › Section 831.6 - Proposed revisions and changes

Current through Register Vol. 46, No. 28, July 10, 2024
Proposals for changes and additions to the comprehensive
					 plan submitted by any agency of the signatory parties or any interested person,
					 organization or group shall identify the specific revision or change
					 recommended. In order to permit adequate commission consideration of any
					 proposal, the executive director may require such additional information as may
					 be needed. Review or consideration of such proposals shall be based upon the
					 recommendation of the executive director and the further direction of the
					 commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 831 - Comprehensive Plan (article 1) › Section 831.7 - Further action

Current through Register Vol. 46, No. 28, July 10, 2024
The commission will review the comprehensive plan in its
					 entirety at least once every six years from the date of the initial adoption of
					 the comprehensive plan (March 28, 1962). Such review may include consideration
					 of proposals submitted by the signatory parties, agencies or political
					 subdivision thereof or other interested parties. The amendments, additions and
					 deletions adopted by the commission will be compiled and the plan as so revised
					 shall be made available for public inspection.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 831 - Comprehensive Plan (article 1) › Section 831.8 - Public projects under article 11 of the Compact

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After a project of any Federal, State or
				  local agency has been included in the comprehensive plan, no further action
				  will be required by the commission or by the agency to satisfy the requirements
				  of article 11 of the Compact, except as the comprehensive plan may be amended
				  or revised pursuant to the Compact and these regulations. Any project which is
				  changed substantially from the project as described in the comprehensive plan
				  will be deemed to be a new and different project for the purposes of article 11
				  of the Compact. Whenever a change is made the sponsor shall advise the
				  executive director who will determine whether the change is deemed substantial
				  within the meaning of these regulations.
(b) Any public project not having a
				  substantial effect on the water resources of the basin, as defined in Part 833
				  of this Title, may proceed without reference to article 11 of the
				  Compact.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 831 - Comprehensive Plan (article 1) › Section 831.9 - Custody and availability

Current through Register Vol. 46, No. 28, July 10, 2024
The comprehensive plan shall be and remain in the custody
					 of the executive director. The plan, including all maps, charts, descriptions
					 and supporting data shall be and remain a public record open to examination
					 during the regular business hours of the commission, under such safeguards as
					 the executive director may determine to be necessary to preserve and protect
					 the plan against loss, damage or destruction. Copies of the comprehensive plan
					 or any part or parts thereof shall be made available by the executive director
					 for public sale at a price covering the cost of production and
					 distribution.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 832 - Water Resources Program (article 2) › Section 832.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall govern the submission, consideration and
					 inclusion of projects into the water resources program.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 832 - Water Resources Program (article 2) › Section 832.2 - Concept of the program

Current through Register Vol. 46, No. 28, July 10, 2024
The water resources program, as defined and described in
					 section 13.2 of the Compact, will be a reasonably detailed amplification of
					 that part of the comprehensive plan which the commission recommends for action
					 within the ensuing six-year period. That part of the program consisting of a
					 presentation of the water resources needs of the basin will be revised only at
					 such intervals as may be indicated to reflect new findings and conclusions,
					 based upon the commission's continuing planning programs.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 832 - Water Resources Program (article 2) › Section 832.3 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
Each project included in the water resources program shall
					 have been previously included in the comprehensive plan, except that a project
					 may be added to both the plan and the program by concurrent action of the
					 commission. The project's sponsor shall furnish the following information prior
					 to the inclusion of the project in the water resources program:
(a) the comprehensive plan data brought
				  up-to-date for the period of the water resources program;
(b) specific location and dimension of a
				  structural project, and specific language of a standard, policy or other
				  nonstructural proposal;
(c) the
				  plan of operation of a structural project;
(d) the specific effects of a nonstructural
				  project;
(e) sufficient data to
				  indicate a workable financial plan under which the project will be carried out;
				  and
(f) a timetable for
				  implementation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 832 - Water Resources Program (article 2) › Section 832.4 - Preparation and adoption

Current through Register Vol. 46, No. 28, July 10, 2024
The water resources program will be prepared and considered
					 by the commission for adoption annually. Projects required to satisfy the basin
					 needs during the period covered by the program may be classified as
					 follows:
A list. This shall include public projects which require no
					 further review, and inclusion in such list shall be deemed to be approved for
					 the purposes of section
					 3.8 of the Compact.
B list. This shall include public projects not included in
					 the "A" list and privately sponsored projects which are proposed or anticipated
					 by the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 832 - Water Resources Program (article 2) › Section 832.5 - Alternatives for public projects

Current through Register Vol. 46, No. 28, July 10, 2024
Any public project which has been included in the
					 comprehensive plan but is not on the "A" list of the current water resources
					 program, at the option of the sponsor, may be submitted for review and approval
					 under section
					 3.8 of the Compact in accordance
					 with Part 833 of this Title.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 832 - Water Resources Program (article 2) › Section 832.6 - Inventory of other projects

Current through Register Vol. 46, No. 28, July 10, 2024
Each water resources program will include, for information
					 purposes only, an inventory of projects approved during the previous year
					 pursuant to section
					 3.8 of the Compact, but which are
					 not part of the comprehensive plan or water resources
					 program.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 833 - Project Review Under Section 3.8 Of The Compact (article 3) › Section 833.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall govern the submission and review of
					 projects under section
					 3.8 of the Delaware River Basin
					 Compact.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 833 - Project Review Under Section 3.8 Of The Compact (article 3) › Section 833.2 - Concept of section 3.8

Current through Register Vol. 46, No. 28, July 10, 2024
Section
					 3.8 is intended to protect and
					 preserve the integrity of the comprehensive plan. This section of the compact
					 provides:
"No project having a substantial effect on the water
					 resources of the basin shall hereafter be undertaken by any person, corporation
					 or governmental authority unless it shall have been first submitted to and
					 approved by the commission, subject to the provisions of sections 3.3 and
					 3.5. The commission shall approve
					 a project whenever it finds and determines that such project would not
					 substantially impair or conflict with the comprehensive plan and may modify and
					 approve as modified, or may disapprove any such project whenever it finds and
					 determines that the project would substantially impair or conflict with such
					 plan. The commission shall provide by regulation for the procedure of
					 submission, review and consideration of projects, and for its determinations
					 pursuant to this section. Any determination of the commission hereunder shall
					 be subject to judicial review in any court of competent jurisdiction."
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 833 - Project Review Under Section 3.8 Of The Compact (article 3) › Section 833.3 - Administrative agreements

Current through Register Vol. 46, No. 28, July 10, 2024
The executive director is authorized and directed to enter
					 into cooperative administrative agreements with Federal and State regulatory
					 agencies concerned with the review of projects under Federal or State law as
					 follows:
(a) to facilitate the
				  submission and review of applications and the determinations required under
				  section 3.8 of the Compact;
(b) to avoid unnecessary duplication of staff
				  functions and hearings required by law; and
(c) for such other and different purposes as
				  he may deem feasible and advantageous for the administration of the Compact or
				  any other law.