New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 325 - APPLICATION OF PESTICIDES › Private Applicators › Section 325.42 - Glyphosate use on state property

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Definitions. As used in this section, the following terms have the following
					 meanings:
(1) "Contractor" means any person
					 that agrees to conduct work under the terms of a contract with a state
					 department, state agency, or public benefit corporation.
(2) "Critical infrastructure" means systems,
					 assets, places, environmental resources, or things so vital to the State that the
					 disruption, incapacitation or destruction of such systems, assets, places, or
					 environmental resources, could jeopardize the health, safety, welfare, or
					 security of the State, its residents, its environment, or its economy.
(3) "Critical native plant species" means any
					 plant species identified by the New York State Natural Heritage Program under
					 Environmental Conservation Law Section 11-0539 with a subnational ranking as
					 critically imperiled, imperiled, or vulnerable; or any plant species identified
					 as endangered, threatened, or rare in 6 NYCRR Section
					 193.3  under Environmental
					 Conservation Law Section 09-1503; or as identified by the Department.
(4) "Ecosystem" means a dynamic complex of
					 plant, animal, and microorganism communities and the nonliving environment,
					 interacting as a functional unit.
(5)
					 "Ecosystem health" means the ability of the ecosystem to be stable or resilient
					 to stress primarily caused by human activities.
(6) "Habitat" means the environment in which a
					 plant, animal, or other organism lives and grows.
(7) "Invasive species" means any species
					 identified under Environmental Conservation Law Section 9-1709 or as identified
					 by the Department.
(8) "Location"
					 means the physical address of the property on which the pesticide is applied or,
					 if a specific physical address does not exist a description of the application
					 area including street names, county, municipality, zip code, and other
					 identifying features.
(9) "Noxious
					 plant" means any plant that can directly or indirectly injure or cause damage to
					 natural resources or the environment.
(10) "Pests of significant public health
					 importance" means any pest recognized as a pest of concern to a local, state, or
					 federal public health program or the Department; for example, Giant Hogweed,
					 Poison Ivy, and ticks.
(11) "Public
					 benefit corporation'' means a corporation organized to construct or operate a
					 public improvement wholly or partly within the state, the profits from which
					 inure to the benefit of this or other states, or to the people thereof.
(12) "State agency" means any executive or
					 regulatory body of New York State designated as an agency.
(13) "State department" means any state agency
					 designated as a "department" by name.
(14) "State property" means any New York
					 State-owned real property operated by a state department, state agency, or public
					 benefit corporation, including only surface waters of the State that are fully
					 contained within the boundaries of New York State-owned real property operated by
					 a state department, state agency, or public benefit corporation.
(15) "Subcontractor" means any person that
					 agrees to conduct work under the terms of a contract for a contractor hired by a
					 state department, state agency, or public benefit corporation.
(16) "Target area" means a general description
					 of the area where the pesticide application is anticipated to
					 occur.