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Part 206: State Aid For General Air Pollution Control Work, New York City

(Statutory authority: Public Health Law, art. 6)

[Filed 4/28/72. Effective 5/1/72.]

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For administrative information about this posting, contact: Division of Air Resources.



§206.1 Application for State Aid

(a) Application for State aid together with the detailed budget of proposed expenditures as adopted for the general air pollution program, copies of pertinent resolutions, and of contracts for services to be rendered to other units of government, must be received at the office of the New York State Department of Environmental Conservation on or before July 1.

(b) If the budget as adopted does not indicate the subdivisions of the department, the title, annual salary rate and amount for each position, the amount budgeted for traveling expenses, purchase of equipment, purchase of automobiles, rental of space, the amount for other expenses, and the expected revenues, then this information must also be furnished.

(c) The initial application must be accompanied by a narrative statement of the functions of the various subdivisions of the department. All proposed major changes in subsequent budgets should be explained but so far as functions are concerned, it need indicate only the changes from the activities included in the descriptive statement attached to the initial application.

§206.2 Personnel

Personnel shall be qualified for their respective positions. Personnel shall possess at the time of appointment the qualifications established for the positions by the civil service commission of the New York City department of personnel.

§206.3 Reports

The commissioner of the department of air resources shall maintain such records and submit such reports as may be required by the State Commissioner of Environmental Conservation.

§206.4 Compliance With Rules

(a) The city department of air resources shall comply with the requirements of the Public Health Law and with the regulations of the Air Pollution Control Board of the State of New York as applicable.

(b) The city department of air resources shall comply with the State Air Pollution Control Board rules as to the confidential nature of information collected.

§206.5 Limitation of Grants

(a) State aid will be granted as follows:

(1) The cost of operating the city department of air resources, provided that air pollution projects and personnel shall be under the immediate direction of the commissioner of air resources or deputy commissioner of air resources of the city and provided further that the city department of air resources shall at times maintain an air monitoring and alert system which will be satisfactory to the State Commissioner of Environmental Conservation to include but not be limited to continuous monitoring for air content of sulphur dioxide, carbon monoxide and smoke shade; meteorological observations; and an effective alarm system for the purpose of guiding corrective action whenever serious air contamination endangering the public health should appear. Vacancies in the position of commissioner of air resources shall be filled promptly, preferably within six months.

(2) The costs of supplies and equipment for use in accordance with a program approved by the State Department of Environmental Conservation.

(3) The costs of investigation, inspection and advisory services which are a part of control programs undertaken in the supervision of air pollution control services.

(4) Other air pollution control programs or activities, including research and training of air pollution control personnel (pre-service and continuation), submitted to the State Commissioner of Environmental Conservation for consideration and receiving favorable action by him.

(b) Projects or services excluded from State aid reimbursement are:

(1) Activities for which State aid is otherwise specifically provided by any State law.

(2) The construction, maintenance and operation of air cleaning installations and facilities for garbage and refuse collection or disposal, or any other installation, facility, or device of similar nature.

(3) All rentals for space utilized for department of air resources purposes if such rentals are payable to the City of New York.

(4) Joint Federal-local programs. Where joint Federal-local programs have been approved by the State Department of Environmental Conservation the portion financed from Federal Funds will be excluded from reimbursement.