§ 55-0117 — Comprehensive management plan; approval

New York § 55-0117

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Art. 55: Sole Source Aquifer Protection

Text

§ 55-0117. Comprehensive management plan; approval.\n 1. The planning entity shall:\n (a) consult with appropriate officials of any local, state or federal\nagency which has jurisdiction over lands and waters within the area;\n (b) consult with the officials of any municipality which has\njurisdiction over lands and waters within areas designated or proposed\nas special groundwater protection areas;\n (c) consult with interested professional, scientific and citizens'\norganizations;\n (d) consult with citizen's advisory committees;\n (e) transmit any draft and final plan to all affected municipalities\nfor review and comment; and\n (f) conduct public hearings at places within the area, and at such\nother places as may be appropriate, for the purpose of providing\ninterested persons with an opportunity to express their views with\nrespect to matters covered by the plan.\n 2. The plan shall be submitted to the commissioner. The plan shall be\naccompanied by a transmittal letter in which the planning entity\ncertifies that:\n (a) the plan when implemented will achieve its stated water quality\nobjectives and protect the ecological values of the special groundwater\nprotection area which are significant for maintenance of water quality;\n (b) the plan requires the exercise of land use and zoning\nresponsibilities to the greatest extent practicable to regulate the use\nof land and water resources in a manner consistent with the purposes of\nthis article;\n (c) the planning entity has afforded adequate opportunity, including\npublic hearings, for public governmental involvement in the preparation\nand review of the plan, and whether such review and comment thereon were\nconsidered in the plan; and\n (d) the extent to which adequate assurances have been received from\nappropriate local officials that the recommended implementation program\nidentified in the plan will be initiated within a reasonable time after\nthe date of approval of the plan and such program will insure effective\nimplementation of the local aspects of the plan.\n 3. The commissioner shall review the plan and within ninety days\ncertify that the plan conforms with all applicable state laws, official\nrules and regulations, state water resource management plans, and where\nsubmitted, the nominating petition as defined in section 55-0109 of this\narticle. As part of the review and certification process, the\ncommissioner shall also certify the boundaries.\n 4. If the commissioner finds that the plan is still not in compliance\nwith applicable state law, official rules and regulations, and state\nwater resource management plans, after a second review, he shall\nwithhold approval of all outstanding planning entity claims for\nreimbursement pending satisfactory revision of the plan.\n 5. Upon certification of the plan and the boundaries, the identified\narea or areas are officially adopted by the commissioner as special\ngroundwater protection areas.\n 6. Upon adoption of the boundaries by the planning entity, the special\ngroundwater protection areas shall be designated as critical\nenvironmental areas as defined by regulations pursuant to section 8-0113\nof this chapter and an environmental impact statement shall be prepared\npursuant to section 8-0109 of this chapter for any action found to have\na significant impact upon such areas. Such statement shall meet the\nrequirements of the most detailed environmental impact statement\nrequired by section 8-0109 of this chapter or by any rule or regulation\npromulgated pursuant to such section. Upon certification of the plan by\nthe commissioner, such statement shall include a detailed statement of\nthe effects of any proposed action on, and its consistency with, the\ncomprehensive management plan of the special groundwater protection area\nprogram, as implemented by the commissioner pursuant to this article.\n