N.Y. Comp. Codes R. & Regs. tit. 6 § 328.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 328.3 - Policy

(a) It is recognized that:

(1) Owners of lands through which water passes or which are bordered by waters have certain vested riparian rights to the use of the waters.

(2) The provisions of article 17 of the Environmental Conservation Law safeguard uses of waters through the maintenance of water quality standards assigned by classification.

(3) Use of chemicals for controlling undesirable fish may result in need for temporary curtailment of certain water uses.

(b) In considering the use of such chemicals, it is the intent that:

(1) Permits shall be granted under such limitations as will protect to the greatest extent possible all terrestrial life, aquatic life other than fish in the water to be treated, all public and domestic water supplies and irrigational, recreational, agricultural and industrial water uses.

(2) The permit-issuing official shall not make recommendations on the method, use, general handling, efficiency of the chemicals and treatment operation or other aspects involving responsibilities of the applicant, except as may be related to the public health and conservation programs and to avoid adverse effects on water uses.

(3) Regardless of conformity with other limitations, no permit shall be issued for chemical treatment of water supply waters, or waters closely contiguous to and tributary to such waters, without the approval of the water supply agency.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 328.3