NY Env Conserv L § 15-0313 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 3 - Powers and Duties 15-0313 - Powers and Responsibilities With Respect to Water Pollution Control.

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