Periconi, LLC

February 2017 Archives

Publicly Owned Sewer Systems Now Required To Report and Notify Of Combined Sewer Overflows

In 2012, the Sewer Pollution Right to Know Act (SPRTKA) was signed into law in New York State. This law requires that owners of publicly owned sewer systems (POSSs) advise the public when raw or partially treated sewage, including combined sewer overflows (CSOs), is discharged into New York's waterways. On November 9 2016, the Department of Environmental Conservation's (DEC) regulations implementing the SPRTKA took effect.

Two Decades Later, New York Proposes First Major Amendments to the State Environmental Quality Review Act (SEQRA)

On January 17, 2017, the New York State Department of Environmental Conservation (DEC) released proposed amendments to SEQRA - the department's first major revisions to such regulations in more than two decades. The proposed amendments follow recent efforts by the DEC to modernize SEQRA and are intended to streamline the process by, among other things, new environmental assessment forms along with the creation of workbooks and a spatial data platform on DEC's website (EAF Mapper). According to the DEC, the EAF Mapper "enables users in performing environmental assessments to access the same geographic information relied on by DEC staff.expanding the list of Type II actions that are not subject to SEQRA review."

City Council Members Seek to Redefine "Reside" in Local Lead Paint Law

New York City's lead-based paint law (Local Law 1 [1982]) requires landlords to remove lead-based paint in any apartment unit in which a child under 6 years of age resides. The issue in Yaniveth R. v. LTD Realty Co. was whether a child "resides" in an apartment containing lead-based paint when the child does not live in the apartment but spends approximately 50 hours per week there with a caregiver. The child, who was found to have elevated blood lead level at the age of one lived with her parents but usually stayed with her maternal grandmother five days per week while her parents were at work and did so since she was three months old.

Split Second Circuit Panel Invokes Chevron Doctrine, Reverses Southern District and Reinstates EPA's Water Transfers Rule

In a 2-1 ruling, the Second Circuit reversed Southern District Judge Kenneth Karas, who had found that the U.S. Environmental Protection Agency's (EPA) "Water Transfers Rule" was an unreasonable interpretation of the Clean Water Act. Writing for the majority and leaning on the EPA's reasoning, Circuit Judge Robert Sack wrote that the "Water Transfers Rule is based on a reasonable interpretation of the Clean Water Act and therefore entitled to Chevron deference."

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