New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLVI - Onondaga County Water Authority › Part 3050 - Implementation Of State Environmental Quality Review Act › Section 3050.5 - Procedures prior to the preparation of draft EIS's; actions involving other agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Environmental review of proposed actions of an applicant. Within 15 calendar
				days after the receipt of a complete application and an adequate SEQR data
				sheet from an applicant, the authority shall determine whether the proposed
				action is an action subject to this Part and if so whether the proposed action
				may or will not have a significant effect on the environment. The authority
				shall provide written notification to the applicant of its determination of
				whether the action may or will not have a significant effect on the
				environment.
(b) Environmental
				review of actions to be carried out or undertaken by the authority. As early as
				possible in the formulation and design of an action to be carried out or
				undertaken directly by the authority, the authority shall ascertain whether the
				proposed action is subject to this Part and if so whether the action may or
				will not have a significant effect on the environment.
(c) Determination of no significant
				effect--negative declarations. If the authority determines that (1) the action
				is not an exempt action, a ministerial action or a Type II action and that (2)
				the action will not have a significant effect on the environment, it shall
				prepare, circulate, file and make available for public inspection a negative
				declaration as provided in subdivisions (h) and (i). In addition, it shall
				prepare, file and make available for public inspection a statement setting
				forth the reasons supporting its determination as may be required by State law
				or regulation.
(d) Determination of
				significant effect--notice of determination. If the authority determines that
				(1) the action is not an exempt action, a ministerial action or a Type II
				action, (2) that the action may have a significant effect on the environment
				and that (3) the action does involve other agencies, the authority shall
				immediately prepare and file a notice of determination as provided in
				subdivisions (h) and (i) of this section, and in the case of an action
				involving an applicant, immediately and in writing request the applicant to
				prepare a draft EIS. As soon as possible thereafter, the applicant shall notify
				the authority in writing whether it will prepare the draft EIS or whether it
				wishes the authority to prepare it. The authority may prepare or cause to be
				prepared a draft EIS for an action involving an applicant only when practicable
				considering existing staff and resources and when the public interest will
				thereby be served, but in no event shall it undertake or commence to undertake
				the preparation of such draft EIS until the applicant shall have submitted a
				completed environmental report analyzing in detail all factors required to be
				considered in an EIS by law or by 6 NYCRR Part 617. In addition, the authority
				may require an applicant to prepare a supplemental environmental report
				responding in detail to any and all comments received by the authority with
				respect to a draft EIS or at any hearing held on the proposed action involving
				the applicant.
(e) If the authority
				determines that (1) the action is not an exempt action, a ministerial action or
				a Type II action, (2) the action may have a significant effect on the
				environment and that (3) the action involves other agencies, the authority
				shall immediately prepare and file a notice of determination as provided in
				subdivisions (h) and (i) of this section and shall immediately notify such
				other involved agencies, including Federal agencies, of its determination,
				request the coordination of reviews by the agencies, and inform them of the
				need to resolve which agency shall be the lead agency. If it is determined that
				the authority is the lead agency, the procedures of subdivision (d) of this
				section relating to a request for a draft EIS and notification of the authority
				shall be followed.
(f) When an
				applicant notifies the authority in writing pursuant to subdivision (d) of this
				section that it declines to prepare the draft EIS, the applicant shall submit
				an environmental report to assist the authority in preparing or causing to be
				prepared the draft EIS and such other information at any time as may be
				necessary for full compliance with this Part.
(g) If the authority is not the lead agency
				for an action that may have a significant effect on the environment, it shall
(1) provide its views where appropriate and,
				to the extent practical, provide appropriate technical analysis and
				support;
(2) make written findings
				pursuant to 6 NYCRR 617.8.