N.Y. Comp. Codes R. & Regs. tit. 6 § 329.3

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

Section 329.3 - 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 these 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 aquatic insects 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) These regulations permit control or elimination of biting insects whose life history involves an aquatic stage (e.g., mosquitoes, black flies, etc.) and which may be detrimental to the comfort and well-being of man, under such stipulated conditions as to protect the waters for the best usages assigned to them and the public health, safety and welfare, and terrestrial and aquatic life or the growth and propagation thereof, other than aquatic insects intended to be controlled or eliminated. These regulations do not apply to space treatment or residual treatment for controlling adult insects over land. However, any treatment resulting in direct entry of chemicals into waters shall be deemed to be in violation of these regulations if the permit herein required has not been obtained.

(2) Permits shall be granted under such limitations as will protect to the greatest extent possible all terrestrial life, aquatic life other than the aquatic insects intended to be controlled or eliminated, all public and domestic water supplies and irrigational, recreational, agricultural and industrial water uses.

(3) Regardless of conformity with other limitations, no permit shall be issued for chemical treatment of water supply waters, if the resultant chemical concentration at a water supply intake will exceed New York State Department of Health drinking water standards. In addition, the permit-issuing official may require the approval of the water supply agency.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 329.3