N.Y. Comp. Codes R. & Regs. tit. 6 § 329.4

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

Section 329.4 - Permits and permit issuance

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

(1) may issue the permits authorized by this Part; and

(2) in addition, after submission of copies of applications for special permits to State agencies that may be concerned for evaluation and recommendations, may issue, with appropriate limitations to safeguard the public interest, special experimental permits for the control of biting aquatic insects involving chemicals, dosages, methods or areas other than those provided for herein, provided such issuance will not be at variance with these regulations and with the regulations relating to restricted use pesticides.

(b) Applicant and applications.

(1) The applicant shall be an owner, or a lessee of an owner, or a duly incorporated association of such persons or a governmental agency.

(2) The applicant shall submit an application on a form provided by the department. It shall be accompanied by a scale drawing or map of the treatment area. If the applicant is an individual, the property line and location of the treatment area shall be marked. If the applicant is an incorporated association, a municipality, a governmental body or a commission, and if the application is for black fly control, the area to be treated shall be delineated, or, if the application is for mosquito control, the locations of larvicidal applications shall be marked.

(3) Applications that involve public water supply 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 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.

(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 authorized date of treatment;

(iii) the permissible concentration of chemical, the maximum dosage to be applied in the treatment area 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) any special restrictions made by the permit-issuing official to implement the stated intent;

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

(3) When it appears to the permit-issuing official that damage or injury is likely to be caused to any person or persons, he shall require that reasonable notice be given to such persons.

(4) No permit shall be issued under this Part for lands under control of the Department of Environmental Conservation unless it is counter-signed by the director of the division of the department having jurisdiction over the lands involved.

(5) No permit shall be issued unless it appears to the permit-issuing official that the biting aquatic insects to be controlled in the waters or portions of the waters to be treated occur so as to be substantially detrimental to the health, safety, comfort or repose of the applicant or of any considerable number of persons.

(6) 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 upon one or more of the following grounds:

(1) False or inaccurate statements in the application and 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 and welfare.

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

N.Y. Comp. Codes R. & Regs. Tit. 6 § 329.4