DEC's Federal Civil Rights Nondiscrimination Program

Nondiscrimination Public Notice

DEC is a direct recipient of Federal financial assistance. All recipients are required to comply with Title VI of the Civil Rights Act of 1964, as well as related federal nondiscrimination statutes and regulations. DEC gives public notice of its nondiscrimination policy to ensure compliance with statutes and regulations in all federally funded DEC services, programs and activities.

DEC complies with Federal civil rights laws and is committed to providing its programs and services without discrimination in accordance with:

• Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin (including language).
• Title IX of the Educations Amendments Act of 1972, which prohibits discrimination based on sex in education programs or activities and Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex.
• Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 which prohibits discrimination based on disability.
• Age Discrimination Act of 1975, which prohibits discrimination based on age.
• The Civil Rights Restoration Act of 1987/1988, which specifies that recipients of federal funds must comply with civil rights laws in all areas, not just in a particular program or activity that receives federal funding.

Any person who believes they have individually, or as a member of any specific class of persons, been excluded from participation in, been denied the benefits of or otherwise been subjected to discrimination under any DEC service, program or activity and believes the discrimination is based on race, color, national origin, sex, age, disability or limited ability to speak English, has the right to file a written complaint.

CP-76 Federal Civil Rights Nondiscrimination Policy and Complaint Procedures for Non-Employment Related Complaints

It is the policy of the Department to prevent and eliminate discrimination in all of its operations and services. Commissioner Policy 76 (PDF) "Federal Civil Rights Nondiscrimination Policy and Complaint Procedures for Non-Employment-Related Complaints" explains how DEC will comply with its Federal Nondiscrimination requirements. The policy:

• identifies the role and responsibilities of the Department's Nondiscrimination Coordinator;
• describes how DEC will ensure internal and external awareness of DEC's implementation of federal nondiscrimination requirements;
• provides information about the complaint procedure if someone believes they have suffered from discrimination under a program, activity, or service;
• provides related references to ensure fair and equitable programs and services to the public; and
• advises subrecipients of Federal nondiscrimination requirements.

You may obtain a copy of this policy at https://www.dec.ny.gov/regulations/64558.html or request a copy by contacting the NYS DEC - Interim Nondiscrimination Coordinator at:

Department of Environmental Conservation
Federal Civil Rights Nondiscrimination Program
625 Broadway, 14th Floor
Albany, NY 12233-3254

Translation

If this notice is needed in another language, translation services are available at the bottom of this webpage, or you can contact DEC at the address below:

NYSDEC
Bureau of Public Outreach
625 Broadway
Albany, NY 12233
Phone: 518-402-8044
Email: [email protected]

To File a Complaint

Any person who believes they have suffered from prohibited discrimination may contact the Department's Nondiscrimination Coordinator:

NYSDEC
Nondiscrimination Coordinator
625 Broadway, 14th Floor
Albany, NY 12223
Phone: (518) 402-9147
Fax: (518) 473-1575

Written complaints of discrimination may be filed with DEC's Office of Internal Investigations within 180 days from the date of the alleged act of discrimination. For more information on how to file a discrimination complaint, you can contact:

NYSDEC
Office of Internal Investigations
625 Broadway, 9th Floor, #1060 
Albany, NY 12223
Phone: (518) 402-9147 Fax: (518) 473-1575
Email: [email protected]

Please complete this complaint form (PDF).

Complaint Procedure

If someone believes they have suffered from discrimination on the basis of race, color, national origin (including Limited English Proficiency), disability, sex, or age with respect to a DEC program, activity, service or benefit, they may contact the DEC Nondiscrimination Coordinator.

The DEC Nondiscrimination Coordinator is responsible to ensure compliance with the DEC's Non-Discrimination Policy, oversee compliance with federal nondiscrimination laws and regulations, and ensure public awareness of and access to the complaint process. The Nondiscrimination Coordinator may assist the complainant in reaching an informal resolution by working with the agency to address the issue(s) raised.

Any person may file a written discrimination complaint under federal nondiscrimination laws. A written discrimination complaint must be filed within 180 calendar days of the date the alleged discrimination occurred. In addition, intimidation of or retaliation against a complainant are prohibited, and claims of intimidation and retaliation will be handled promptly and fairly in the same manner as other claims of discrimination.

The Office of Internal Investigations (OII) will ensure the prompt and fair resolution of written complaints which allege violations of federal non-discrimination laws. OII will conduct an impartial and objective investigation, collect factual information, and prepare a fact-finding report based upon information obtained from the investigation. OII will advise the Nondiscrimination Coordinator and the complainant of the results of the investigation and whether discrimination is found. The Nondiscrimination Coordinator will discuss recommended corrective action with the agency. The complainant can appeal the determination.

See DEC's Procedures for Filing and Processing a Complaint Alleging a Violation of Federal Nondiscrimination Laws (PDF) for additional information about the steps of the complaint process.

Accessibility

If you require disability accommodations, contact the DEC Statewide Accessibility Coordinator or a Regional ADA Accessibility Coordinator at:

NYSDEC
Statewide Accessibility Coordinator
625 Broadway, 3rd Floor
Albany, NY 12233-5253
Phone: 518-402-9295
Email: [email protected]

Regional Accessibility Coordinator contact list

DEC provides free aids and services, such as qualified sign language interpreters and written information in other formats (large print, audio, accessible electronic formats, etc.), to communicate effectively with persons with disabilities and persons with limited English proficiency.

DEC will take reasonable measures to provide access to department services to individuals with limited ability to speak, write, or understand English and/or to those with disabilities. Requests for language interpretation services or for disability accommodations must be made at least 48 hours in advance.

Resources

• DEC's Language Assistance Program
• DEC's Language Access Plan
• Accessibility for Persons with Disabilities

Information about Public Participation

DEC has both policies and programs for Public Participation Outreach.
Policies and regulations include :

• Commissioner Policy 29, Environmental Justice and Permitting - Requires applicants for permits covered by the policy to actively seek public participation throughout the permit review process to ensure meaningful and effective public participation.
• Commissioner Policy 42, Contact, Cooperation, and Consultation with Indian Nations (PDF)
• Commissioner's Policy 49, Climate Change and DEC Action
• 6 NYCRR Part 487 Analyzing Environmental Justice Issues in Siting of Major Electric Generating Facilities Pursuant to Public Service Law Article 10, 6 NYCRR 487
• Uniform Procedures Act (UPA), Article 70 of the NYS Environmental Conservation Law
• UPA regulations promote the fair, timely, and thorough review of applications, and contain public participation requirements.
• DEC's regulation for implementing the UPA is 6 NYCRR Part 621.

DEC also has robust outreach that provides additional resources to facilitate public participation in DEC operations, programs, and activities, with many online resources:

• Find information about facilities in your neighborhood
• Clean water plan public participation
• Introduction to SEQR
• Stepping through the SEQR Process
• Guide to Permit Hearings (also available in Spanish)
• Guide to Enforcement Hearings (also available in Spanish)
• Public Involvement and News webpage
  • Accessible from every other agency webpage, as it is included in the universal footer
  • Advises the public in general of ways to participate
  • Embedded links for additional information on public participation at meetings and hearings as required under the Uniform Procedures Act (UPA);
  • Access to the meetings and hearing calendar;
  • Information on how to get involved in outreach initiatives;
  • Contact information for DEC programs;
  • Information about involvement pursuant to the State's Environmental Quality Review Act (SEQR) (PDF);
  • A SEQR Handbook (PDF);
  • A participation handbook for remedial programs (PDF);
  • Information about email lists for updates;
  • Direction on how to request foreign language and sign language interpretation services;
  • Access to the Environmental Notice Bulletin--Published online every Wednesday and includes all proposed regulations, guidance documents, hearings, permit applications, and other official documents and actions, along with information on how to comment on the proposals; 
• The EJ Related Policy and Regulations webpage has additional materials to facilitate participation:
  • Sample Project Fact Sheet for Enhanced Public Participation (PDF)
  • Sample Invitation to Public Information Meeting (PDF)
  • Environmental Permits Guidance Documents
  • Tips for Preparing a Public Participation Plan (PDF)

DEC also provides residents with access to relevant hard copy information for such permits in centralized public locations near to a proposed activity (e.g., proposed permit application) in addition to providing the public with access to internet and digitally provided information relating to that activity.