N.Y. Environmental Conservation Law § 33-0922: Aquatic antifouling paint business registration

§ 33-0922. Aquatic antifouling paint business registration.

1. Notwithstanding any other provision of law or regulation pursuant

to this title, an aquatic antifouling paint application business as

defined in this title shall register with the commissioner.

2. Applications for aquatic antifouling paint application business

registration shall be made to the commissioner and applicants shall

provide such information as the commissioner shall require. 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 application business

shall satisfy standards, as determined by the commissioner to be

appropriate, with respect to knowledge and experience concerning the

proper use and application of aquatic antifouling paint application and

equipment. In addition to any other standards determined by the

commissioner to be appropriate, an applicant shall: (a) employ at least

one person who is a certified commercial pesticide applicator or

technician certified in the application of aquatic antifouling paint or

an aquatic antifouling paint applicator at each location required to be

registered; or (b) have entered into a contract with another registered

business that employs a person who is a certified commercial pesticide

applicator or technician certified in the application of aquatic

antifouling paint or an aquatic antifouling paint applicator, pursuant

to which contract such registered business has agreed to apply aquatic

antifouling paint at each such location for such applicant.

4. Business registration shall be valid for three years.

5. When engaged in the commercial application of aquatic antifouling

paints, an aquatic antifouling paint application business shall ensure

that such aquatic antifouling paints are only applied by an employee who

is a certified commercial pesticide applicator or technician certified

in the application of aquatic antifouling paint or an aquatic

antifouling paint applicator, or a person who is a certified commercial

pesticide applicator or technician certified in the application of

aquatic antifouling paint or an aquatic antifouling paint applicator

employed by another registered business with which such business has

contracted to apply aquatic antifouling paints; provided, however, that

until such time as authorization for pesticide application by pesticide

apprentices is repealed, aquatic antifouling paint registered as a

general use pesticide may be applied by a commercial pesticide

apprentice who is at least seventeen years of age and employed by such

business (a) working under the direct supervision of a certified

commercial pesticide applicator, or (b) working under the supervision of

a certified pesticide technician qualified in aquatic antifouling

paints, if such application is otherwise done in compliance with the

rules and regulations of the department, and who, during the handling

and application of such paint, utilizes appropriate safety equipment

including but not limited to a respirator, eye protection and skin

protection.

6. Such aquatic antifouling paint application business shall, for a

period of five years, maintain for inspection by the department an

annual report listing the names and certification numbers of all

employees or contractors engaged in the application of aquatic

antifouling paints on behalf of such business during the prior twelve

months.