N.Y. Environmental Conservation Law § 15-0313: Powers and responsibilities with respect to water pollution control

§ 15-0313. Powers and responsibilities with respect to water pollution

control.

1. The department shall perform such duties and functions with respect

to the control of water pollution as is provided in article 17 of the

Environmental Conservation Law, and shall have such powers and authority

as may be necessary in that regard.

2. The department is hereby authorized, upon due consideration after

hearing to:

a. Alter, modify or amend the "Rules and Classifications and Standards

of Quality and Purity for Waters of New York State" for the control of

pollution of the waters of the state as provided in paragraph (c) of

subdivision 7 of section 17-0301,

b. Classify the waters of the state in accordance with best usage in

the interest of the public, and alter, reclassify, modify, change or

amend the classification of waters hitherto adopted and established by

the former Water Resources Commission and the former Water Pollution

Control Board as provided in paragraph (c) of subdivision 7 of section

17-0301,

c. Establish new, or alter, modify, change or amend existing standards

of quality and purity of the waters of the state applicable to the

classification of waters.

3. In the classification of waters and the adoption of standards of

purity and quality therefore, due consideration shall be given by the

department to the factors and considerations specifically provided in

section 17-0301.

4. The department is authorized to adopt and enforce rules and

regulations governing the direct application of chemicals to or in

surface waters for the purpose of altering water quality, or the direct

application of pesticides to or in surface waters, notwithstanding any

of the provisions of this chapter.

a. Such rules and regulations may forbid such direct application or

use of pesticides and chemicals except pursuant to a permit issued by

the department, or by an appropriate officer or agency authorized by

such rules to issue such permits, except that a permit shall not be

required for the application of a pesticide to a pond of one acre or

less in size which has no outlet to surface water.

b. Such rules and regulations may specify the pesticides and chemicals

and quantities and concentrations thereof which may be directly applied

or used, which specified chemicals and pesticides shall be selected with

maximum protection of life, health and property as criteria for their

selection, and shall also provide for giving reasonable notice to

persons likely to be adversely affected by such use of chemicals and may

require consent of persons who may reasonably be expected to suffer

substantial damage or injury thereby prior to the issuance of any permit

for such use. A fee of one hundred dollars shall accompany each permit.

c. No pesticide or chemical may be introduced into any surface waters

of the state classified pursuant to article 17 in violation of such

rules and regulations.