N.Y. Environmental Conservation Law § 33-0921: Aquatic antifouling paint applicator certification

§ 33-0921. Aquatic antifouling paint applicator certification.

1. Notwithstanding any other provision of law or regulation pursuant

to this title, a person who is certified by the commissioner as an

aquatic antifouling paint applicator may engage in the commercial

application of aquatic antifouling paint.

2. Application for aquatic antifouling paint applicator certification

shall be made to the commissioner. The application shall be on a form

prescribed by the commissioner and shall be accompanied by the fee or

fees provided in section 33-0911 of this article.

3. An applicant for aquatic antifouling paint applicator certification

shall successfully complete a comprehensive twenty-hour training course

approved by the department including eight hours of category-specific

training which includes topics related to the safe and proper use,

handling, storage and disposal of aquatic antifouling paints and/or

satisfy the commissioner as to the applicant's knowledge and experience

concerning the proper use and application of aquatic antifouling paint

and application equipment through examination prior to initial

certification. The commissioner may consider appropriate experience of

the applicant as specified in regulations when determining eligibility

for examination.

4. Aquatic antifouling paint applicator certification shall be valid

for three years after which every applicator shall recertify.

Recertification shall require no more than five hours of course work by

training, workbook, or examination as required by the commissioner.

5. No certification shall be valid unless the certified person also

holds a valid identification card issued by the commissioner.

Certification identification cards shall be valid for three years.

6. Certified aquatic antifouling paint applicators shall maintain such

records and shall furnish such reports concerning the application of

aquatic antifouling paints as the commissioner shall require. All

records required to be kept under this section shall be available for

inspection by the commissioner.