N.Y. Comp. Codes R. & Regs. Tit. 6 § 617.12 - Document preparation, filing, publication and distribution
The following SEQR documents must be prepared, filed, published and made available as prescribed in this section.
(a) Preparation of documents.
(1) Each negative declaration, positive
declaration, notice of completion of an EIS, notice of hearing and findings
must contain the following: the name and address of the lead agency; the name,
address and telephone number of a person who can provide additional
information; a brief description of the action; the SEQR classification; and,
the location of the action.
(2) In
addition to the information contained in paragraph (1) of this subdivision:
(i) A negative declaration must meet the
requirements of section
617.7(b)
of this Part. A conditioned negative declaration must also identify the
specific conditions being imposed that have eliminated or adequately mitigated
all significant adverse environmental impacts and the period, not less than 30
calendar days, during which comments will be accepted by the lead
agency.
(ii) A positive declaration
must identify the potential significant adverse environmental impacts that
require the preparation of an EIS and state how and when scoping will be
conducted.
(iii) A notice of
completion must identify the type of EIS (draft, final, supplemental, generic)
and state where copies of the document can be obtained. For a draft EIS the
notice must include the period (not less than 30 calendar days from the date of
filing or not less than 10 calendar days following a public hearing on the
draft EIS) during which comments will be accepted by the lead agency.
(iv) A notice of hearing must include the
time, date, place and purpose of the hearing and contain a summary of the
information contained in the notice of completion. The notice of hearing may be
combined with the notice of completion of the draft EIS.
(v) Findings must contain the information
required by section
617.11(d)
and (e) of this Part.
(b) Filing and
distribution of documents.
(1) A Type I
negative declaration, conditioned negative declaration, positive declaration,
notice of completion of an EIS, EIS, notice of hearing and findings must be
filed with:
(i) the chief executive officer
of the political subdivision in which the action will be principally located;
(ii) the lead agency;
(iii) all involved agencies (see also section
617.6(b)(3)) of this Part;
(iv) any person who
has requested a copy; and
(v) if
the action involves an applicant, with the applicant.
(2) A negative declaration prepared on an
Unlisted action must be filed with the lead agency.
(3) All SEQR documents and notices, including
but not limited to, EAFs, negative declarations, positive declarations, scopes,
notices of completion of an EIS, EISs, notices of hearing and findings must be
maintained in files that are readily accessible to the public and made
available on request.
(4) The lead
agency may charge a fee to persons requesting documents to recover its copying
costs.
(5) If sufficient copies of
the EIS are not available to meet public interest, the lead agency must provide
an additional copy, in electronic or printed format, of the documents to the
local public library.
(6) A copy,
in electronic or printed format, of the EIS must be sent to the Department of
Environmental Conservation, Division of Environmental Permits, 625 Broadway,
Albany, NY 12233-1750.
(7) For
state agency actions in the coastal area a copy of the EIS must be provided to
the Secretary of State.
(c) Publication of notices:
(1) Notice of a Type I negative declaration,
conditioned negative declaration, positive declaration, draft and final scopes
and completion of an EIS must be published in the Environmental Notice Bulletin
(ENB) in a manner prescribed by the department. Notices must be submitted by
the lead agency to the Environmental Notice Bulletin by e-mail to the address
listed on the ENB's webpage or to the following address: Environmental Notice
Bulletin, 625 Broadway, Albany, NY 12233-1750. The ENB is accessible on the
department's web site.
(2) A
notice of hearing must be published, at least 14 days in advance of the hearing
date, in a newspaper of general circulation in the area of the potential
impacts of the action. For state agency actions that apply statewide this
requirement can be satisfied by publishing the hearing notice in the ENB and
the State Register.
(3) Agencies
may provide for additional public notice by posting on sign boards or by other
appropriate means.
(4) Notice of a
negative declaration must be incorporated once into any other subsequent notice
required by law. This requirement can be satisfied by indicating the SEQR
classification of the action and the agency's determination of
significance.
(5) The lead agency
shall publish or cause to be published on a publicly available website (that is
free of charge) the draft and then final scopes and the draft and final EISs.
The website posting of such scopes and statements may be discontinued one year
after all necessary federal, state and local permits have been issued or after
the action is funded or undertaken, whichever is later. Printed filings and
public notices shall clearly indicate the address of the website at which such
filings are posted.
Notes
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