reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.16 - Additional application requirements for pesticide product registrations containing a new active ingredient

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the information required for registration in
					 section
					 326.15 
					 of this Part, an applicant must submit the following information for pesticide
					 products containing an active ingredient not contained in a pesticide product
					 previously registered by the department:
(a) a statement identifying the pesticide
				  product as containing a new active ingredient;
(b) four copies of the complete index of
				  studies and other information submitted in support of the EPA registration in the
				  format specified by the department;
(c) four copies of all EPA registration review
				  documents as defined in section
				  326.1(k) 
				  of this Part. It is recognized that not all of these documents may be available
				  for products registered with the EPA prior to 1986;
(d) four copies of data summary reports for all
				  studies;
(e) four copies of the EPA
				  approved labeling;
(f) four copies of
				  the Material Safety Data Sheet (MSDS);
(g) four copies of completed summary data forms
				  in the format specified by the department;
(h) six copies of the final printed
				  label;
(i) three copies of validated
				  analytical methodologies provided in a separate volume for measuring active
				  ingredients and metabolites or degradation products of concern in the following
				  media:
(1) soil and water for products with
				  outdoor uses;
(2) air and surfaces
				  for products with indoor uses; and
(3) any other media if specifically requested;
				  and
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.17 - Additional application requirements for new and amended pesticide product registrations for which a major change in labeling is proposed

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the information required for registration in
					 section
					 326.15 
					 of this Part, the applicant must submit the following information for a new
					 pesticide product for which a major change in use pattern is proposed for an
					 active ingredient contained in a product currently registered by the department,
					 or for a major change in labeling of a pesticide product currently registered by
					 the department:
(a) a statement
				  identifying the pesticide product as involving a major change in
				  labeling;
(b) four copies of the
				  complete index of studies and other information submitted in support of the EPA
				  registration amendment, including the EPA guideline reference number and EPA
				  assigned MRID number where applicable;
(c) four copies of all EPA registration review
				  documents as defined in section
				  326.1(m) 
				  of this Part except that these shall not be required of products registered with
				  the EPA prior to 1986 relating to the change;
(d) four copies of data summary reports for all
				  studies relating to the change;
(e)
				  four copies of the EPA approved label and final printed label;
(f) four copies of the Material Safety Data
				  Sheet (MSDS);
(g) any other data,
				  supporting information or EPA review documents which the department determines
				  during the completeness determination period are relevant to the pending
				  application;
(h) completed summary
				  data forms in the format specified by the department;
(i) three copies of validated analytical
				  methodologies provided in a separate volume for measuring active ingredients and
				  metabolites or degradation products of concern in the following media:
(1) soil and water for products with outdoor
				  uses;
(2) air and surfaces for
				  products with indoor uses; and
(3)
				  any other media if specifically requested; and
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.18 - Filing and acceptance of registration amendments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as specified in section
				  326.19 
				  of this Part, all amendments to any pesticide product registered with the
				  department involving minor registration amendments as defined in section
				  326.1(p) 
				  of this Part must be filed with and accepted by the department as an amendment to
				  the registration of the product prior to the use, distribution, sale or offer for
				  sale, within this State, or delivery for transportation or transportation in
				  intrastate commerce or between points within this State through any point outside
				  this State of the pesticide product.
(b) The registrant must submit three copies of
				  the final printed labeling or accurate, legible facsimile. All changes must be
				  noted or highlighted on the label.
(c) If the change involves an amendment to the
				  EPA registration, the EPA approved amended label must also be filed.
(d) If the amendment involves a change in the
				  Federal Confidential Statement of Formula (CSF), the new CSF must be
				  filed.
(e) If the amended label is
				  for a supplemental distributor product, the distributor label must be identical
				  to the label for the basic registration in all respects, except that:
(1) the product name of the distributor product
				  may be different;
(2) the name and
				  address of the distributor may appear instead of that of the Federal
				  registrant;
(3) the registration
				  number of the registered product must be followed by a dash, followed by the
				  distributor's company number assigned by EPA;
(4) the establishment number must be that of
				  the final establishment at which the product was produced; and
(5) specific claims may be deleted, provided
				  that no changes would be necessary in precautionary statements, use
				  classification, or packaging of the product.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.19 - Minor registration amendments not requiring approval prior to sale or distribution

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Amendments to products registered with the department may be made by notification
				  to the department providing:
(1) the
				  modifications to the Federal registration meet the EPA criteria for notification
				  under Federal regulations and policies; and
(2) the modification does not involve the
				  addition of an alternate or additional brand name.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.20 - Additional application requirements for pesticide product registrations for supplemental distributor labels

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				  addition to the information required to be provided in section
				  326.15 
				  of this Part, applications to register supplemental distributor pesticide
				  products must provide the following information:
(1) a copy of the signed EPA application for
				  supplemental registration of a distributor as filed with EPA by the basic
				  registrant; and
(2) a statement
				  signed by the basic EPA registrant for the product stating that the final label
				  as offered for sale is identical to the EPA stamped accepted label or allowed
				  variations. The distributor label submitted must be identical to the basic
				  registration label in all respects except for differences authorized under
				  section
				  326.18(e) 
				  of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.21 - Special local need registrations

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the information required in section
					 326.15 
					 of this Part, applications to register a product for a special local need must
					 provide the following information:
(a)
				  proposed label or supplemental labeling;
(b) EPA application for notification of State
				  registration of a pesticide to meet a special local need on the appropriate
				  Federal form;
(c) the following data
				  supporting the proposed use:
(1) efficacy
				  data;
(2) crop residue data, if the
				  use is a food or feed use and involves an additional crop, or if there is a
				  change in application to a food or feed crop that could result in increased crop
				  residues;
(3) human health effects
				  and toxicology data, if the use involves a change in use pattern or could result
				  in increased exposure to humans;
(4)
				  environmental fate data, if the use involves a change in use pattern, or if the
				  proposed use represents a significant increase in the dosage rate for an existing
				  federally labeled use; and
(5) data
				  on impacts to non-target organisms, if there is a change in use pattern to one
				  involving outdoor use or if the use could result in increased exposure to
				  non-target organisms; and
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.22 - Experimental use products

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  experimental use pesticide products whose use is authorized by an experimental
				  use permit (EUP) issued by the EPA or required to be issued by EPA must be
				  registered with the department in accordance with section
				  326.14(b) 
				  of this Part. Such registration is required whether the product is sold or given
				  free to cooperators.
(b) Experimental
				  products not requiring the issuance of a Federal experimental use permit under
				  EPA criteria specified in Federal regulations are not required to be registered.
				  However, the following conditions apply:
(1)
				  For experimental programs conducted on property owned or managed by registrants
				  or recognized research institutions, no permit or notification requirements
				  apply.
(2) For experimental programs
				  conducted on property other than that owned or managed by registrants or
				  recognized research institutions, the person proposing to conduct the program
				  must notify the department with the details of the program at least 30 days prior
				  to the date of the proposed application.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.23 - Registration application reviews and determinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All applications and filings will be
				  reviewed for completeness. A determination of completeness will be made within 60
				  days from the date of receipt by the department. The applicant will be notified
				  in writing of the determination of completeness or incompleteness. If the
				  application or filing is determined to be incomplete, the notice will include a
				  statement of the reasons for the determination. An incomplete application may be
				  returned to the applicant with the notice. The resubmission or submission of
				  additional information shall commence a new review of the completeness.
(b) If a determination of completeness is not
				  made within 60 days of receipt, the application will be deemed complete as of the
				  61st day.
(c) Upon determination that
				  an application is complete, the department will initiate a technical review of
				  the data submitted as part of the application, in order to evaluate the potential
				  for adverse impacts to human health and the environment which may occur when the
				  product is used in accordance with the label directions. The commissioner will
				  weigh the potential for human health and ecological risks against the potential
				  benefits that could accrue from the use of the product when making a decision
				  whether or not to approve the registration.
(d) Upon completion of the review, the
				  department will issue or deny the registration, or approve or disapprove amended
				  labeling within the following periods, calculated from the date of the
				  completeness determination:
(1) 150 days for
				  applications for a new active ingredient or a major change in labeling;
(2) 90 days for applications not involving a
				  new active ingredient or a major change in labeling;
(3) 60 days for applications for a special
				  local need;
(4) 30 days for amended
				  labeling not involving a major change in labeling; or
(5) 60 days for experimental use permit (EUP)
				  product applications.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.24 - Pesticide product registration renewals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicants for renewal must file an
				  application with the department at least 30 days prior to the registration
				  expiration date of the pesticide product, as shown on the registration
				  certificate.
(b) The applicant will
				  be notified of incomplete applications and given adequate opportunity to provide
				  the information to complete the application prior to the expiration
				  date.
(c) If the application was
				  submitted as required in subdivision (a) of this section, and a complete renewal
				  application is on file with the department on or before the registration
				  expiration date, the pesticide product registration will continue until a
				  registration renewal decision is issued and takes effect. If a renewal
				  application is not complete by the expiration date, then the registration will
				  expire on the stated expiration date.
(d) An applicant for renewal of registration
				  must submit the following information, if the information has not been previously
				  provided to the department:
(1) a copy of the
				  confidential statement of formula on the appropriate Federal form;
(2) a copy of the EPA stamped "accepted" label
				  including any comment letter from EPA, letter of amendment via notification, or
				  EPA policy notice;
(3) if the
				  pesticide product is a supplemental distributor product label, a copy of the EPA
				  notice of supplemental registration of distributor form;
(4) if the renewal application is for a special
				  local need registration, a statement of current justification and support data;
				  and
(5) if the application is to
				  renew a registration for an experimental product, the experimental use permit as
				  amended by the EPA.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.25 - Provision for requesting additional information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At any time during the review of an
				  application to register a pesticide, the commissioner may request from the
				  applicant reasonable additional information with regard to any matter contained
				  in the application when such additional information is necessary for the
				  commissioner to make a decision on the registration application.
(b) If any additional information is requested
				  after a notice of completion has been issued, it will not extend the time period
				  within which a registration decision must be made.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.26 - Emergency exemptions from registration requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Anyone may petition the commissioner to
				  request that the EPA issue an emergency exemption from the requirement of Federal
				  and State registration.
(b) An
				  applicant petitioning the commissioner to request an emergency exemption must
				  provide the following information which is identical to the information required
				  by
				  40
				  CFR part 166.20(a) as
				  incorporated by reference in Part 320 of this Title:
(1) identity of contact persons;
(2) description of the pesticide;
(3) description of the proposed use;
(4) alternative methods of control;
(5) effectiveness of proposed use;
(6) discussion of residues for food
				  uses;
(7) discussion of risk
				  information;
(8) coordination with
				  other affected State or Federal agencies;
(9) notification of registrant or basic
				  manufacturer;
(10) description of
				  proposed enforcement program; and
(11) information on repeated use.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 327 - Use Of Chemicals For The Control Or Elimination Of Aquatic Vegetation › Section 327.1 - Permit required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  person, individual, public or private corporation, political subdivision,
				  government agency, municipality, industry, copartnership, association, firm,
				  trust or estate, or any other legal entity whatsoever, shall use chemicals for
				  the control or elimination of aquatic vegetation in any waters of the State
				  without having applied for and obtained a written permit to do so from a
				  designated permit-issuing official, except as specified in subdivision (c) of
				  this section.
(b) Such permit may be
				  issued for the use of chemicals in the control or elimination of aquatic
				  vegetation, subject to such limitations as may be considered necessary to
				  safeguard water quality. For the protection of riparian uses, no such permit
				  shall be issued except where the applicant has certified that the affected
				  riparian users have agreed to temporary curtailment of their uses incidental to
				  treatment or unless the applicant demonstrates to the satisfaction of the
				  commissioner that any nonconsenting riparian users will not be significantly
				  adversely affected by the use of the chemicals subject to such limitations as are
				  set forth in the permit. Such limitations shall prescribe what chemical or
				  chemicals may be applied to the waters under stipulated conditions to protect the
				  public health, safety or welfare, and terrestrial and aquatic life or the growth
				  and propagation thereof, other than aquatic vegetation intended to be controlled
				  or eliminated.
(c) Such permit,
				  however, shall not be required: for the use of copper sulfate for the purpose of
				  algae control by a duly constituted water supply agency in its water supply
				  waters; or for chemical control of aquatic vegetation in ponds or lakes having no
				  outlet to other waters and which lie wholly within the boundaries of lands
				  privately owned or leased by the individual making or authorizing such
				  treatment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 327 - Use Of Chemicals For The Control Or Elimination Of Aquatic Vegetation › Section 327.2 - Permit-issuing officials

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of Environmental Conservation or his
					 designated representatives, may issue permits in accordance with the policy and
					 procedures set forth in this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 327 - Use Of Chemicals For The Control Or Elimination Of Aquatic Vegetation › Section 327.3 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is recognized
				  that:
(1) Owners of lands through which water
				  passes or which are bordered by waters have certain vested riparian rights to the
				  use of these waters.
(2) The
				  provisions of article 17 of the Environmental Conservation Law safeguard uses of
				  waters through the maintenance of water quality standards assigned by
				  classification.
(3) Use of chemicals
				  for controlling aquatic vegetation may result in need for temporary curtailment
				  of certain water uses.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 327 - Use Of Chemicals For The Control Or Elimination Of Aquatic Vegetation › Section 327.4 - Permits and permit issuance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Permits. The Commissioner of Environmental Conservation or his designated
				  representative:
(1) may issue permits for the
				  use of any chemical listed as an authorized chemical (see section
				  327.6 
				  of this Part) and conforming with specifications relating to purpose, dosage,
				  area to be treated, method of application and other limitations provided
				  herein;
(2) may issue special permits
				  for operations relating to the control of aquatic vegetation by State and Federal
				  agencies, which permits are subject to conditions and limitations consistent with
				  other provisions of this Part;
(3)
				  may issue special permits for controlling aquatic vegetation involving chemicals,
				  dosages, methods or areas other than those provided for herein, provided such
				  issuance will not be at variance with these regulations and the regulations
				  relating to restricted use pesticides.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 327 - Use Of Chemicals For The Control Or Elimination Of Aquatic Vegetation › Section 327.5 - Violations

Current through Register Vol. 46, No. 28, July 10, 2024
Failure to abide by the terms of the permit or the
					 application of chemicals without a permit shall be deemed to be in violation of
					 the provisions of article 17 of the Environmental Conservation
					 Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 327 - Use Of Chemicals For The Control Or Elimination Of Aquatic Vegetation › Section 327.6 - Authorized chemicals and specifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Copper sulfate for algae.
(1) Active ingredient. CuSO
				  4[*]5H 2O.
(2) Purpose. Authorized for algae
				  control.
(3) Periods of treatment.
				  Generally, May to September. Treatments later than Labor Day will require special
				  authorization.
(4) Dosage. Not to
				  exceed 0.3 ppm CuSO 4[*]5H 2O in
				  the upper six feet of depth in ponds or lakes with over two acres of surface
				  area. Not to exceed 0.3 ppm CuSO 4[*]5H
				  2O in the total volume of ponds with two acres or less of
				  surface area. The above is based on water of average alkalinity for the State
				  (100 ppm or over). In softer waters, a reduced dosage may be required.
(5) Method of application. No permit shall be
				  issued for the direct broadcasting of crystals or "snow". Copper sulfate should
				  be applied as a liquid using spray equipment or as a solid placed in a burlap bag
				  dragged behind a boat.
(6) Repeat
				  treatments. Shall not be authorized at any interval of less than two
				  weeks.
(7) Water-use restrictions.
				  Bathing and livestock watering shall be prohibited for at least 24 hours
				  following a treatment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 327 - Use Of Chemicals For The Control Or Elimination Of Aquatic Vegetation › Section 327.7 - Other chemicals

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the authorized chemicals and specifications,
					 permits may be issued for other chemicals and specifications, without the
					 necessity of adding them to the list, when it is evident that their use will
					 conform with the intent and purpose of the law and these regulations. Only
					 chemicals labeled for the intended use, registered in the State of New York and
					 not in conflict with the regulations relating to restricted use pesticides may be
					 authorized for use pursuant to this section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 327 - Use Of Chemicals For The Control Or Elimination Of Aquatic Vegetation › Section 327.8 - General

Current through Register Vol. 46, No. 28, July 10, 2024
The listing of a chemical as an authorized chemical, or any
					 authorization for its use, in or pursuant to these regulations does not imply
					 that it is recommended by the Department of Environmental Conservation for
					 controlling or eliminating aquatic vegetation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 328 - Use Of Chemicals For The Control Or Extermination Of Undesirable Fish › Section 328.1 - Permit required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  person, individual, public or private corporation, political subdivision,
				  government agency, municipality, industry, copartnership, association, firm,
				  trust or estate, or any other legal entity whatsoever, shall use chemicals for
				  the control or extermination of undesirable fish in any waters of the State
				  without having applied for and obtained a written permit to do so from a
				  designated permit-issuing official, except as specified in subdivision (c) of
				  this section.
(b) Such permit may be
				  issued for the use of chemicals in the control or extermination of undesirable
				  fish, subject to such limitations as may be considered necessary to safeguard
				  water quality. For the protection of riparian uses, no such permit shall be
				  issued except where the applicant has certified that the affected riparian users
				  have agreed to temporary curtailment of their uses incidental to treatment or
				  unless the applicant demonstrates to the satisfaction of the commissioner that
				  any non-consenting riparian users will not be significantly adversely affected by
				  the use of the chemicals subject to such limitations as are set forth in the
				  permit. Such limitations shall prescribe what chemical or chemicals may be
				  applied to the waters under stipulated conditions to protect the public health,
				  safety or welfare, and terrestrial and aquatic life or the growth and propagation
				  thereof, other than fish contained in the water for which chemical treatment is
				  proposed.
(c) Such permit, however,
				  shall not be required: for removing undesirable fish by netting, trapping,
				  drawing down of water or any other method not involving the use of chemicals when
				  it is legally authorized by the Department of Environmental Conservation; or for
				  chemical control of fish by the Department of Environmental Conservation on
				  waters completely enclosed by or bordered by lands owned or leased by the
				  department or the State.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 328 - Use Of Chemicals For The Control Or Extermination Of Undesirable Fish › Section 328.2 - Permit-issuing officials

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of Environmental Conservation, or his
					 designated representatives, may issue permits in accordance with the policy and
					 procedures set forth in this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 328 - Use Of Chemicals For The Control Or Extermination Of Undesirable Fish › Section 328.3 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is recognized
				  that:
(1) Owners of lands through which water
				  passes or which are bordered by waters have certain vested riparian rights to the
				  use of the waters.
(2) The provisions
				  of article 17 of the Environmental Conservation Law safeguard uses of waters
				  through the maintenance of water quality standards assigned by
				  classification.
(3) Use of chemicals
				  for controlling undesirable fish may result in need for temporary curtailment of
				  certain water uses.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 328 - Use Of Chemicals For The Control Or Extermination Of Undesirable Fish › Section 328.4 - Permits and permit issuance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Permits. The Commissioner of Environmental Conservation or his designated
				  representative:
(1) may issue permits for the
				  use of any chemical listed as an authorized chemical (see section
				  328.6 
				  of this Part) and conforming with specifications relating to purpose, dosage,
				  area to be treated, method of application and other limitations provided
				  herein;
(2) may issue special permits
				  for operations relating to the control of undesirable fish by State and Federal
				  agencies, which permits are subject to conditions and limitations consistent with
				  the other sections of this Part;
(3)
				  may issue special permits for controlling undesirable fish involving chemicals,
				  dosages, methods or areas other than those provided for herein, provided such
				  issuance will not be at variance with these regulations and the regulations
				  relating to restricted use pesticides.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 328 - Use Of Chemicals For The Control Or Extermination Of Undesirable Fish › Section 328.5 - Violations

Current through Register Vol. 46, No. 28, July 10, 2024
Failure to abide by the terms of the permit or the
					 application of chemicals without a permit shall be deemed in violation of the
					 provisions of article 17 of the Environmental Conservation Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 328 - Use Of Chemicals For The Control Or Extermination Of Undesirable Fish › Section 328.7 - Other chemicals

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the authorized chemicals and specifications,
					 permits may be issued for other chemicals and specifications, without the
					 necessity of adding them to the list, when it is evident that their use will
					 conform with the intent and purpose of the law and this Part. Only chemicals
					 labeled for the intended use, registered in the State of New York and not in
					 conflict with the regulations relating to restricted use pesticides may be
					 authorized for use pursuant to this section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 328 - Use Of Chemicals For The Control Or Extermination Of Undesirable Fish › Section 328.8 - General

Current through Register Vol. 46, No. 28, July 10, 2024
The listing of a chemical as an authorized chemical, or any
					 authorization for its use, in or pursuant to this Part does not imply that it is
					 recommended by the Department of Environmental Conservation for controlling or
					 exterminating undesirable fish.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 329 - USE OF CHEMICALS FOR THE CONTROL OR ELIMINATION OF AQUATIC INSECTS › Section 329.1 - Permit required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  person, individual, public or private corporation, political subdivision,
				  government agency, municipality, industry, co-partnership, association, firm,
				  trust or estate, or any other legal entity whatsoever, shall use chemicals for
				  the control or elimination of aquatic insects in or over any waters of the State
				  without having applied for and obtained a written permit to do so from a
				  designated permit-issuing official except, as specified in subdivision
				  (c).
(b) Such permit may be issued
				  for the use of chemicals in the control or elimination of biting aquatic insects,
				  subject to such limitations as may be considered necessary to safeguard water
				  quality. Such limitations shall prescribe what chemical or chemicals may be
				  applied to the waters under stipulated conditions to protect the public health,
				  safety and welfare, and terrestrial and aquatic life or the growth and
				  propagation thereof, other than aquatic insects intended to be controlled or
				  eliminated.
(c) Such permit, however,
				  shall not be required for the use of chemicals for controlling biting aquatic
				  insects in temporary ponds or ponds not containing fish and which have no outlet
				  to other waters and lie wholly within the boundaries of lands privately owned or
				  leased by the individual making or authorizing such treatment, provided the
				  chemicals are restricted to those listed in paragraph (1) of subdivision (a) of
				  section
				  329.6 
				  and are applied at dosages listed therein.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 329 - USE OF CHEMICALS FOR THE CONTROL OR ELIMINATION OF AQUATIC INSECTS › Section 329.2 - Permit-issuing officials

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of Environmental Conservation, or his
					 designated representatives, may issue permits in accordance with the policy and
					 procedures set forth in this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 329 - USE OF CHEMICALS FOR THE CONTROL OR ELIMINATION OF AQUATIC INSECTS › Section 329.3 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is recognized
				  that:
(1) Owners of lands through which water
				  passes or which are bordered by waters have certain vested riparian rights to the
				  use of these waters.
(2) The
				  provisions of article 17 of the Environmental Conservation Law safeguard uses of
				  waters through the maintenance of water quality standards assigned by
				  classification.
(3) Use of chemicals
				  for controlling aquatic insects may result in need for temporary curtailment of
				  certain water uses.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 329 - USE OF CHEMICALS FOR THE CONTROL OR ELIMINATION OF AQUATIC INSECTS › Section 329.4 - Permits and permit issuance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Permits. The Commissioner of Environmental Conservation or his designated
				  representative:
(1) may issue the permits
				  authorized by this Part; and
(2) in
				  addition, after submission of copies of applications for special permits to State
				  agencies that may be concerned for evaluation and recommendations, may issue,
				  with appropriate limitations to safeguard the public interest, special
				  experimental permits for the control of biting aquatic insects involving
				  chemicals, dosages, methods or areas other than those provided for herein,
				  provided such issuance will not be at variance with these regulations and with
				  the regulations relating to restricted use pesticides.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 329 - USE OF CHEMICALS FOR THE CONTROL OR ELIMINATION OF AQUATIC INSECTS › Section 329.5 - Violations

Current through Register Vol. 46, No. 28, July 10, 2024
Failure to abide by the terms of the permit or the
					 application of chemicals without a permit shall be deemed to be in violation of
					 the provisions of article 17 of the Environmental Conservation
					 Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 329 - USE OF CHEMICALS FOR THE CONTROL OR ELIMINATION OF AQUATIC INSECTS › Section 329.7 - Other chemicals

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the authorized chemicals and specifications,
					 permits may be issued for other chemicals and specifications, without the
					 necessity of adding them to the list, when it is evident that their use will
					 conform with the intent and purpose of the law and these regulations. Only
					 chemicals labeled for the intended use, registered in the State of New York and
					 not in conflict with the regulations relating to restricted use pesticides may be
					 authorized for use pursuant to this section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 329 - USE OF CHEMICALS FOR THE CONTROL OR ELIMINATION OF AQUATIC INSECTS › Section 329.8 - General

Current through Register Vol. 46, No. 28, July 10, 2024
The listing of a chemical as an authorized chemical, or any
					 authorization for its use, in or pursuant to this Part does not imply that it is
					 recommended by the Department of Environmental Conservation for controlling or
					 eliminating aquatic insects.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350

Current through Register Vol. 46, No. 28, July 10, 2024
The
				  adopted version of this part by
				  New
				  York State Register August 11, 2021/Volume XLIII, Issue 32, eff.
				  1/1/2022 is not yet
				  available.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-1 - GENERAL › Section 350-1.1 - Purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Purpose
This Part sets forth criteria to increase the donation of
						wholesome food to those in need and to increase the recycling of food
						scraps.
(b) Applicability
(1) This Part applies to a person that
					 generates two tons of food scraps (wet weight basis) per week or more and related
					 solid waste management operations and facilities, including, but not limited to,
					 waste transporters, transfer facilities, combustion facilities, and
					 landfills.
(2) The design and
					 operational criteria for solid waste management facilities and transporters,
					 including organics recyclers, landfills, transfer facilities, combustion
					 facilities, and transporters are found in Parts 360 - 364 of this
					 Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-1 - GENERAL › Section 350-1.3 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
This Part does not apply to:
(a) any designated food scraps generators
					 located in a city with a population of one million or more which has a local law,
					 ordinance or regulation in place which requires the diversion of edible food and
					 food scraps from disposal; or
(b)
					 hospitals, nursing homes, adult care facilities, and elementary and secondary
					 schools.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-1 - GENERAL › Section 350-1.4 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Animal feed must
					 not include prohibited items, such as offal or carcasses, as set forth in section
					 72-a of Article 5 of the New York State Department of Agriculture and Markets
					 Law.
(b) The product of the organics
					 recycler must be used in a beneficial manner. If the food scraps are sent to a
					 facility that accepts multiple waste streams (an anaerobic digester, for
					 example), the fraction of the resultant material or product equal to the fraction
					 of food scraps in the incoming waste stream (dry weight basis) must be used in a
					 beneficial manner.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-1 - GENERAL › Section 350-1.5 - Inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Department personnel can enter any designated food scraps
						generator's property or inspect records, at all reasonable times and locations,
						whether announced or unannounced, for the purpose of determining compliance with
						this Part. For solid waste management facilities, the department may inspect the
						facility to determine compliance with this Part, in accordance with the criteria
						outlined in section
						360.7  of
						this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-1 - GENERAL › Section 350-1.6 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application of any
						provision of this Part to any person or circumstance is held invalid, the
						remainder of this Part and the application of those provisions to persons or
						circumstances other than those to which it is held invalid, shall not be affected
						thereby.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-2 - Designated Food Scraps Generators › Section 350-2.1 - Food scraps generation methodology

Current through Register Vol. 46, No. 28, July 10, 2024
The department will use proxy food scraps generation
						factors and public and private databases available that provide information such
						as number of employees, college students, inmates, etc per location that equate
						to food scraps generation, to estimate the amount of food scraps generated from a
						source. Those calculations will be available on the department's website. If
						factors are not available or are not appropriate, the department will use other
						information, such as phone interviews and publicized research, to estimate food
						scraps generation. If more accurate site-specific data, such as weight receipts
						are available for a certain designated food scraps generator or type of generator
						(franchise stores, etc.), that data will be used by the department to estimate
						the amount of food scraps generated.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-2 - Designated Food Scraps Generators › Section 350-2.2 - List of designated food scraps generators

Current through Register Vol. 46, No. 28, July 10, 2024
The department will maintain a list of all designated food
						scraps generators and make the list available on or before June 1 of each year,
						beginning in 2021. The department will notify all designated food scraps
						generators by June 1 of each year if they are required to comply with some or all
						of the requirements in sections 350-2.3,
						2.4,
						and 2.5 of this Part. This determination shall be based on the department's
						assessment of the quantity of food scraps that can be accepted at each organics
						recycler or intermediary facility. A designated food scraps generator has until
						December 31 of the year they are first placed on the list to comply with this
						Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-2 - Designated Food Scraps Generators › Section 350-2.3 - Separation of edible food for donation

Current through Register Vol. 46, No. 28, July 10, 2024
On or after January 1, 2022, all designated food scraps
						generators must separate their edible food for donation for human consumption
						from food scraps designated for recycling or disposal to the maximum extent
						practicable, as determined by the department using comparable data from similar
						generators. Food donation must be in accordance with applicable laws, rules and
						regulations. Designated food scraps generators must work with food relief
						organizations to comply with the donation criteria required by those
						organizations, be responsive to the needs, staffing limitations, and storage
						capacities of those organizations, and to minimize the amount of food that will
						lead to waste at the relief organization.