N.Y. Comp. Codes R. & Regs. Tit. 14 § 622.99 - Glossary
(a)
Action. Any activity of the OPWDD, except an excluded or
exempt action as defined in this Part, including, without limitation:
(1) projects or physical activities, such as
construction or other activities that may affect the environment by changing
the use, appearance or condition of any natural resource or structure, that:
(i) are directly undertaken by OPWDD;
or
(ii) involve funding by OPWDD;
or
(iii) require one or more new or
modified approvals from OPWDD or other governmental body(ies).
(2) OPWDD planning and
policymaking activities that may affect the environment and commit the agency
to a definite course of future decisions;
(3) adoption of OPWDD rules, regulations and
procedures, including local laws, codes, ordinances, executive orders and
resolutions that may affect the environment; and
(4) any combinations of the above.
(b)
Action,
ministerial. An action performed upon a given statement of facts in a
prescribed manner imposed by law without the exercise of any judgment or
discretion as to the propriety of the action, ( e.g., the
granting of a hearing on the part of parties involved in a site selection
dispute pursuant to the provisions of article 41.34 of the Mental Hygiene Law),
although such law may require, in some degree, a construction of its language
or intent.
(c)
Analysis,
environmental. An agency evaluation of the short-and long-term,
primary and secondary environmental effects of an action, with particular
attention to the same areas of environmental impacts as would be contained in
an environmental impact statement. It is the means by which the OPWDD
determines whether an action under consideration may or will not have a
significant effect on the environment.
(d)
Applicant. Any party
making an application or other request for OPWDD action.
(e)
Application, complete.
An application which, in the judgment of the governmental body, contains
sufficient information on which to make a decision whether or not to approve or
tentatively approve an action proposed by the applicant. In the case of an
action involving an applicant, it shall include the filing of all applications
to the governmental body associated with the proposed action that are required
pursuant to any statute, rule or regulation unless, in the judgment of the
OPWDD, such filing is not feasible or appropriate given the nature of the
action or the failure to file all such applications at the same time will not
preclude adequate reviews by the OPWDD.
(f)
Area, environmentally
sensitive. The following designated classifications identify those
geographical sites where the environmental impact is considered in all cases to
be significant.
(1) Critical environmental
area. A specific geographic area designated by a state or local governmental
body, having exceptional or unique characteristics that make the area
environmentally important. Any unlisted action located in a critical
environmental area must be treated, as a Type I action by any involved
governmental body.
(2) A building,
site, or district listed on the State or National Registers of Historic Places
or any site/facility occurring wholly or partially within or substantially
contiguous to any historical building, structure, facility, site or district or
prehistoric site. Projects in such areas must be reviewed and approved by the
State Office of Parks, Recreation and Historic Preservation.
(3) An agricultural district certified
pursuant to Agriculture and Markets Law, article 25-AA, sections 303 and 304.
Nonagricultural use of land in these districts must be approved by the State
Department of Agriculture and Markets.
(4) A Department of Environmental
Conservation designated wetland.
(5) A 100-year flood plain.
(6) A site in or contiguous to any publicly
owned or operated parkland, recreation area or designated open space, including
any site on the Register of National Natural Landmarks.
(7) Any properly determined to contain
Natural Heritage Program elements, and/or NYS federally designated threatened
or endangered species.
(g)
Certification, standards
of. Those criteria which specify the basis of documenting compliance
for the purposes of issuing an operating certificate. The basis of
documentation may include facility specific record; specified forms or reports;
specified contents of records, reports or forms, and/or other means of
assessing compliance such as interviews with persons served, employees or
volunteers, and/or onsite observation of activities and the
environment.
(h)
Commissioner. The Commissioner of the Office for People With
Developmental Disabilities.
(i)
Declaration, negative. A written statement made by the OPWDD
after conducting environmental analysis of an action which announces that it
has been determined that the action will not have a significant effect on the
environment.
(j)
Environment. The physical conditions which will be affected by
a proposed action, including land, air, water, minerals, flora, fauna, noise,
objects of historic or aesthetic significance, existing patterns of population
concentration, distribution or growth, and existing community or neighborhood
character.
(k)
OPWDD. The Office for People With Developmental
Disabilities.
(l)
Principles of compliance. Those requirements with which an
applicant must comply, but against which the applicant will not be routinely
surveyed for recertification purposes. However, evidence of failure to comply
with the principles may be the basis for decertification in accordance with
article 16 of the Mental Hygiene Law.
(m)
Statement, environmental
impact. A written document prepared in accordance with 6 NYCRR 617.6
and this Part. An environmental impact statement may either be a "draft" or a
"final."
(n)
Type I
action. An action contained in either 6 NYCRR 617.12, or section 622.5
of this Part, that is listed as likely to require the preparation of an
environmental impact statement.
(o)
Type II action. An action listed in either 6 NYCRR 617.12 that
the Commissioner of the Department of Environmental Conservation has found will
not have a significant effect on the environment, or section 622.5 of this Part
that the OPWDD has determined will not have a significant effect on the
environment.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.