N.Y. Comp. Codes R. & Regs. tit. 6 § 328.4

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

Section 328.4 - Permits and permit issuance

(a) Permits. The Commissioner of Environmental Conservation or his designated representative:

(1) may issue permits for the use of any chemical listed as an authorized chemical (see section 328.6 of this Part) and conforming with specifications relating to purpose, dosage, area to be treated, method of application and other limitations provided herein;

(2) may issue special permits for operations relating to the control of undesirable fish by State and Federal agencies, which permits are subject to conditions and limitations consistent with the other sections of this Part;

(3) may issue special permits for controlling undesirable fish involving chemicals, dosages, methods or areas other than those provided for herein, provided such issuance will not be at variance with these regulations and the regulations relating to restricted use pesticides.

(b) Applicant and applications.

(1) The applicant shall be a riparian owner, or lessee of a riparian owner or an association of such persons.

(2) The applicant shall submit an application on a form provided by the department. It shall be accompanied by a scale drawing or map including depth soundings adequate to determine: the size, depth and volume of the water; the concentration of the chemical therein and conformity to the limitations set forth herein; the location of inlets and outlets of the water; the location of water users in the area and along the inlets and outlets; and any further information required by the permit-issuing official.

(3) The applicant shall submit with the application a written authorization from the water supply agency, if the waters to be treated are public water supply waters or so closely tributary to public water supply waters that they may be affected. Applications that involve such waters or their tributaries will be referred to the State Department of Health for approval before a permit is issued.

(4) The applicant shall certify that the listed chemical will be employed in conformance with all the conditions specified in the permit issued; that he obtained agreements to the treatment from water users as set forth in his application whose use may be restricted; that he agrees the issuance of the permit be based on the assumed accuracy of all statements presented by him; that he is legally responsible for damage resulting from the application of the chemical, or from the inaccuracy of any computations or from improper application of the chemical; and that he assumes full legal responsibility for the accuracy of all representations made in obtaining approvals or releases, and for any failure to obtain approval or releases from the persons likely to be adversely affected.

(5) The commissioner, or his designated representative, shall reject the application and issue no permit when the application involves:

(i) only partial treatment of a lake or pond;

(ii) treatment of a stream, or part of a stream or a small pond in the course of a stream;

(iii) treatment of a pond or lake with a tributary system so extensive that their treatment is impracticable or where the tributaries are not to be treated in whole or in part because permission cannot be obtained from the owner or owners;

(iv) treatment of a pond or lake with no barrier to prevent repopulation from downstream and such a barrier cannot feasibly or legally [FN*] be provided.

(c) Permits--additional provisions.

(1) Each permit shall be issued in terms that indicate:

(i) that its issuance is based on the statements, agreements and restrictions made or accepted by the applicant in his application;

(ii) the approximate date of treatment;

(iii) the permissible concentration of chemical and the maximum dosage to be applied in the water to be treated and the methods of application to be used;

(iv) any restrictions imposed on the use of waters during and following the application and the duration of these restrictions;

(v) that the application of chemicals shall be deemed to be in violation of the provisions of article 17 of the Environmental Conservation Law, if the applicant fails to comply with the permit terms.

(2) Permits shall require and be issued upon the condition that prior actual notice of the date or dates of treatment and water-use restrictions be given to all affected riparian users and known users.

(3) A copy of the required scale drawing or map submitted with the application shall be attached to and become part of the permit.

(4) No permit shall be construed as conveying to the applicant any right to trespass upon the lands of others to perform the permitted work, or authorizing the treatment of waters lying on or passing through the property of others without their consent or relieving the applicant of any legal necessity to obtain such consent before treatment. Nor shall any permit be construed as authorizing the impairment of any right, title or interest in real or personal property held by or vested in a person not a party to the permit.

(d) Suspension or revocation of permits. A permit may be suspended or revoked by the permit-issuing official at any time upon notice to the applicant based upon one or more of the following grounds:

(1) False or inaccurate statements in the application or accompanying papers.

(2) Change in any condition by reason of which treatment may impair the quality of the waters for the best usages assigned to them or endanger the public health safety or welfare.

(3) Failure to abide by the terms of the permit or the application for the permit.

[FN*] See Environmental Conservation Law, §15-0317.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 328.4