N.Y. Navigation Law § 40-b: Sale and use of tributyltin paint

§ 40-b. Sale and use of tributyltin paint. 1. No person shall sell or

offer to sell quick release tributyltin antifoulant bottom paints after

January first, nineteen hundred eighty-eight. For purposes of this

section, "quick release" shall mean a release rate of greater than five

micrograms of tributyltin per square centimeter per day.

2. No person shall apply a quick release tributyltin antifoulant

bottom paint to any vessel expected to be used in the waters of the

state including the marine and coastal district, as defined in section

13-0103 of the environmental conservation law, after January first,

nineteen hundred eighty-eight, nor shall any person apply an antifoulant

bottom paint having a release rate of greater than one microgram or less

than five micrograms of tributyltin per square centimeter per day to any

non-aluminum part of any vessel less than twenty-five meters in length

which is expected to be used in the waters of the state including the

marine and coastal district after January first, nineteen hundred

eighty-eight.

3. After January first, nineteen hundred eighty-eight, paint

containers holding antifoulant bottom paint having a release rate of

more than one microgram or less than five micrograms of tributyltin per

square centimeter being sold or offered for retail sale shall not exceed

thirty-two fluid ounces of such paint and shall have affixed to the

container a label which states the application of such paint is

restricted under New York state law to aluminum parts only.

4. The department of environmental conservation shall, prior to

January first, nineteen hundred eighty-eight, develop a list of those

quick release antifoulant bottom paints which have been banned from use

in this state under the provisions of this section as well as a list of

those tributyltin antifoulant bottom paints which have had their sale

and application restricted under the provisions of this section. The

department shall make such lists available to any interested party and

shall make a reasonable effort to transmit such lists to known

manufacturers and those places of sale of such paints within the state

and shall until December thirty-first, nineteen hundred eighty-eight

provide such list to any applicant for a license or permit under article

eleven or thirteen of the environmental conservation law.

5. Any violation of this section shall be a violation punishable by a

fine of not less than one hundred nor more than two hundred fifty

dollars.