reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 556 - Operating Practices › Section 556.6 - Lease and well identification

Current through Register Vol. 46, No. 28, July 10, 2024
Any owner or operator of a lease or unit containing one or
					 more producing or producible oil or gas wells shall cause a weatherproof sign
					 to be conspicuously placed where the principal lease road enters the lease or
					 on the tank battery or other lease facilities. Said signs shall show the name
					 of the lease owner or operator, the name of the lease and the lease location as
					 to township. In addition, a legible identifying numeral shall be attached or
					 painted on the wellhead, pumping unit or jack of each well or alternatively, a
					 legible identifying sign shall be placed near each well. In the case of a
					 multiple completion, each wellhead connection shall be appropriately
					 identified.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 556 - Operating Practices › Section 556.7 - Pool and field names

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order
				  that a clear and ready identification of all oil and gas pools and fields shall
				  be possible, the department shall, after conducting an appropriate review of
				  past and existing nomenclature and usage, issue and maintain a glossary
				  assigning a specific name to each pool and field following an organized system
				  designed to eliminate confusion and duplication. In the pursuance of this
				  activity, the department may require that the owner or operator of any now
				  depleted or producing oil or gas, input or storage well provide a listing of
				  such wells, specifying therewith the pool and field names he has customarily
				  used and recommends be adopted.
(b)
				  The department shall have the authority to assign a specific name to each pool
				  and field. These names shall be assigned following an organized system designed
				  to eliminate confusion and duplication and will be added to and maintained
				  within the glossary discussed in subdivision (a) of this section. The owner or
				  operator of the well in which the discovery completion is effected shall submit
				  in writing to the department within 30 days after the completion thereof three
				  proposed names in order of decreasing preference. The department then will
				  assign an appropriate pool and field name following this sequence of
				  preference, eliminating such as will tend to create confusion and
				  duplication.
(c) In assigning pool
				  and field names under the provisions of subdivisions (a) and (b) of this
				  section, the department will consult with and be aided by the Geological Survey
				  of the State Museum and Science Service of the New York State Department of
				  Education.
(d) The pool and field
				  names as assigned under the provisions of subdivisions (a) and (b) of this
				  section shall be utilized in all correspondence, forms and other relevant
				  identification to or at the order of the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 557 - Secondary Recovery And Pressure Maintenance › Section 557.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It shall be
				  unlawful for the owner or operator of any lease or unit to initiate any
				  secondary recovery or pressure maintenance operations until a written
				  application has been filed therefor with the department and written permission
				  has been received for such operations.
(b) The application for permission to conduct
				  secondary recovery or pressure maintenance operations must be accompanied by or
				  contain, but is not limited to, the following items:
(1) a statement outlining in brief resume
				  what secondary recovery or pressure maintenance operations are proposed,
				  including the injection medium to be used, its source, and the estimated
				  amounts to be injected daily plus a forecast of the anticipated rate of
				  development of the area included within the project;
(2) a statement of the name, description and
				  depth of the formation for which the operations are proposed;
(3) a copy of the log of any existing well to
				  be used for input, or in the absence of any log, such information as is
				  available relative to the geological sequence of formations adjacent to and
				  including the pool for which the operations are proposed;
(4) a description of the casing program of
				  the existing or proposed input well or wells and the proposed method for
				  testing of the casing seat or seats;
(5) a neat, legible plat drawn to scale
				  showing the lease, group of leases or unit containing the proposed project. The
				  plat also must identify the offsetting leases, including the names of the
				  offsetting operators. It also must show the location of all drilling wells,
				  existing oil and gas wells, abandoned wells and dry holes together with their
				  surface elevations plus an identification as to the zone of past and/or present
				  completion of said wells if ever productive. The plat also must show the
				  location of the proposed intake well or wells plus any major surface facilities
				  pertinent to the proposed secondary recovery or pressure maintenance
				  operations;
(6) a tabulation
				  showing recent gas-oil ratio and oil and water production tests for each of the
				  producing oil and gas wells;
(7) a
				  list of the names and addresses of the offsetting operators and a statement
				  that each has been sent a copy of the application by registered mail, and the
				  date of such mailing.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 557 - Secondary Recovery And Pressure Maintenance › Section 557.2 - Casing program

Current through Register Vol. 46, No. 28, July 10, 2024
Wells used for injection of gas, air, water or other
					 extraneous fluids shall be cased with safe and adequate casing in such a manner
					 as to prevent migration, leakage or damage to oil, gas, or fresh potable water
					 reservoirs.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 557 - Secondary Recovery And Pressure Maintenance › Section 557.3 - Commencement and cessation of operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For all injection projects for which
				  permission has been granted by the department as specified in section
				  557.1  of this Part,
				  the operator thereof shall immediately upon the commencement of injection
				  notify the department in writing of the date when such injection
				  began.
(b) Within 10 days after the
				  cessation of injection operations, the operator shall notify the department of
				  the date of such cessation and the reasons therefor.
(c) The plugging of any input well shall be
				  conducted following the procedure outlined in Part 555 of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 557 - Secondary Recovery And Pressure Maintenance › Section 557.4 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
Each operator of a pressure maintenance or secondary
					 recovery project shall keep records showing the volumes of fluid or fluids
					 injected and produced and the injection pressures. Unless an alternative
					 procedure is specified by the department, each operator shall submit to the
					 department annually a statement showing the volumes of fluid or fluids injected
					 and produced plus such other relevant data as may be required by the
					 department, said statement to be provided to the department no later than March
					 1st of the succeeding year. If the operator so desires, the information
					 contained in the statement will be held confidential for a period of one year
					 except insofar as it may be used in statistical compilations wherein specific
					 projects are not identified as such. Upon written request of the operator, and
					 for good cause shown, the confidential period may be extended for one
					 additional period of one year.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 558 - Transportation › Section 558.1 - Suspension

Current through Register Vol. 46, No. 28, July 10, 2024
No pipeline company or carrier shall transport oil, gas or
					 products purchased or taken from any owner or operator after such pipeline
					 company or carrier has received written notice from the department that the
					 owner or operator involved has been in violation of one or more rules,
					 regulations, orders or amendments thereof of the department, and ordering the
					 suspension of such transportation. Such suspension shall remain in force until
					 the pipeline company or carrier is in receipt of written notice from the
					 department that the violation has ceased, and ordering the reinstatement of
					 transportation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 558 - Transportation › Section 558.2 - Maps

Current through Register Vol. 46, No. 28, July 10, 2024
Neat, legible maps drawn to scale showing the location,
					 size, extensions and any portions abandoned or not used of all pipelines and
					 appurtenant tankage used by the pipeline company or carrier for the
					 transportation of oil, gas or products shall be filed with the department as
					 may be requested but no more often than yearly. This requirement shall not
					 apply to lease lines which are used in the operation of the lease or unit on
					 which located, to any local lines which customarily depend upon gravity (as
					 that term is generally understood in the pipeline industry) for fluid flow, or
					 to any pipeline or appurtenant tankage not located within the
					 State.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 559 - "bass Island" Regulations › Section 559.1 - Applicability and special definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in subdivision (b) of
				  this section, this Part applies only to a "Bass Island" well. Each person who
				  intends to drill, drills, or operates such a well must comply with this Part's
				  requirements and with those contained in Parts 550 through 558, inclusive, of
				  this title that have not been specifically superseded by provisions of this
				  Part.
(b) Section
				  559.6  of this
				  Part applies to:
(1) a well to be drilled
				  below the Tully horizon in an area determined by the department to have the
				  potential to be an extension of a field of "Bass Island" pools;
(2) a well for which the operator designates
				  a "Bass Island" pool as the primary target; and
(3) a well to be drilled into a pool lying
				  below the Tully horizon and above the base of the lowest Salina Group Salt
				  horizon whose primary permeability results from faults or natural fractures and
				  which is expected to produce nonassociated gas with or without
				  condensate.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 559 - "bass Island" Regulations › Section 559.2 - Reporting requirements: logs

Current through Register Vol. 46, No. 28, July 10, 2024
Before completion, the operator of a "Bass Island" well
					 must run, in open hole, a gamma ray log, a neutron or resistivity log, and a
					 density log on the well. The operator may run any or all of the logs, other
					 than the resistivity log, in a cased hole if running of the log in open hole
					 may pose a safety hazard. The operator must file three copies of each of those
					 logs with the department within 30 calendar days of their being run. The
					 operator also must file with the department, within 30 calendar days of its
					 being specifically requested by the department, a copy of any other log that
					 was run on that well.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 559 - "bass Island" Regulations › Section 559.3 - Reporting requirements: initial testing and records maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After
				  completion of and after cleanup or stimulation, but before placing the well on
				  production, the operator of a "Bass Island" well must measure initial bottom
				  hole pressure. The operator must do this by shutting-in the well for a minimum
				  of 72 hours and then obtaining a bottom hole pressure, using best efforts to
				  obtain that pressure by running a pressure bomb as close to the midpoint of the
				  production zone as prudent practices indicate, making gradient stops 1,000 feet
				  and 500 feet above that point of sufficient duration to record the pressures at
				  each of those levels. In instances where wellbore conditions and/or equipment
				  would make the use of a pressure bomb imprudent, the operator must determine a
				  bottom hole pressure by calculations based upon a dead-weighted surface
				  pressure and measurement of any liquid level in the wellbore.
(b)
(1) The
				  operator of a "Bass Island" well must calculate the gas-oil ratio based on
				  actual production for the first seven days the well is on production and report
				  the results of those calculations to the department on a form the department
				  prescribes within 30 days of the end of the seven-day production
				  period.
(2) The operator of a "Bass
				  Island" well must measure by means of a chart recording device all gas
				  separated, and must certify to the department the accuracy of those results and
				  the gas-oil ratio determined under paragraph (1) of this subdivision. If gas is
				  not measured in the final stage of separation, the gas volume in the gas-oil
				  ratio calculation must include an estimate of the gas left in solution after
				  the last stage where measurement occurred.
(3) The operator must have available for
				  department inspection the charts used in the gas-oil ratio calculation for no
				  less than three years after the charts were made.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 559 - "bass Island" Regulations › Section 559.4 - Reporting requirements: periodic testing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Starting with the year after the first
				  year of production and during the last two weeks of a month prescribed by the
				  department, the operator of a "Bass Island" well must annually measure static
				  pressures at the midpoint of the production zone and at points 500 feet and
				  1,000 feet above that point. The department will notify operators at least 60
				  days in advance of the taking of those pressures that the respective "Bass
				  Island" pool must be shut-in for a minimum period stated in the notice, not to
				  exceed two weeks. The operator must make measurements as set forth in section
				  559.3(a) 
				  of this Part. That operator must file with the department on a form the
				  department prescribes the results of those measurements no later than 30 days
				  after the measurements were taken. The department may, on an administrative
				  basis, revise the testing procedures or reduce the frequency or eliminate the
				  tests under this subdivision when in its judgment, revision, reduction, or
				  elimination is indicated.
(b)
(1) The provisions of this subdivision
				  supersede those contained in section
				  551.2(b) 
				  of this Title that concern production reports, and in section
				  556.1(d)-(e) 
				  of this Title that concern gas-oil ratio test reports.
(2) The operator of a "Bass Island" well must
				  file with the department on a form the department prescribes a report of the
				  oil and gas produced from that well. The report must provide a statement of the
				  actual amount of oil and gas produced from the well during each of the three
				  months to which the report pertains; must state the actual number of days in
				  each of those months the well was on production; and must set forth the
				  operator's calculation of the gas-oil ratios for that well for each period in
				  each month during which oil and gas was produced and for the three-month period
				  the report covers. The operator must file this report no later than 60 calendar
				  days after the end of the three-month period to which it pertains. The end days
				  of the three-month periods are March 31st, June 30th, September 30th, and
				  December 31st.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 559 - "bass Island" Regulations › Section 559.6 - Drilling practices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
				  section applies to a "Bass Island" well and to a well described in section
				  559.1(b) 
				  of this Part.
(b)
(1) The operator of a well described in
				  subdivision (a) of this section must make every effort to accomplish
				  penetration of the target interval during daylight hours, and must notify the
				  department's regional permitting office administering to the county in which
				  the well is located of its intention to penetrate that interval at least eight
				  hours before that interval is reached. A rig that has been certified by the
				  driling contractor as having an approved vapor-proof lighting system and air
				  shut-off on the rig engines is exempt from the daylight hour
				  requirement.
(2) That operator must
				  notify the local fire department of that well's location and the potential
				  hazards involved before penetrating the target interval, unless the operator
				  has adequate firefighting equipment and personnel on a standby basis approved
				  in writing by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 559 - "bass Island" Regulations › Section 559.7 - Temporary allowances: gerry-onondaga oil and gas pool

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For a period of 18 months from the
				  effective date of this Part, daily oil production allowable for each of the
				  following wells: the Piazza No. 2 well (API No. 31-013-17719); the Lebarron No.
				  1 well (API No. 31-013-17998); the Forbes No. 3 well (API No. 31-013-16909);
				  the Torrey No. 1 well (API No. 31- 013-16061); any wells found in pressure
				  communication with these four wells; the Oag No. 4 well (API No. 31-013-16884);
				  and the Gross No. 3 well (API No. 31-013-16706); is 150 percent of that
				  determined under section
				  559.5  of this
				  Part.
(b) In the event the
				  department determines that they are subject to this Part, for a period of 18
				  months from the effective date of this Part, the daily oil production allowable
				  for each of the following wells: the Howard No. 1 well (API No. 31-013-18401);
				  the Main No. 1 well (API No. 31-013-18339); and the Josephson No. 2 well (API
				  No. 31-013-17716); is 150 percent of that determined under section
				  559.5  of this
				  Part.
(c) Upon the expiration of
				  the 18-month period described in subdivisions (a) and (b) of this section, this
				  section shall have no further force and effect, and the determination of
				  production allowables of the wells identified in this section shall be made
				  under the provisions of section
				  559.5  of this
				  Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 570 - Liquefied Natural Gas › Section 570.3 - Site Inspections, Recordkeeping, and Training of Local Fire Department Personnel

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any designated
				  employee or agent of the Department may enter and inspect an LNG facility to
				  determine its compliance with this Part and any permits issued pursuant to this
				  Part. Such inspections may be with or without prior notice to the LNG facility
				  operator.
(b) The following records
				  must be maintained at all LNG facilities subject to this Part and available for
				  Department inspection at any time during normal business hours for the
				  facility:
(1) a copy of the current facility
				  permit issued by the Department; and
(2) a current site plan (to scale with north
				  arrow) showing the location of all active LNG tanks, any LNG conversion units,
				  any other storage devices, piping, firefighting equipment, facility boundaries,
				  fencing, and adjacent roads.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 570 - Liquefied Natural Gas › Section 570.4 - Transportation of LNG

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  intrastate transportation of LNG is prohibited unless the route has been
				  certified by the New York State Department of Transportation.
(b) Transportation of LNG within the State
				  shall be conducted in accordance with all applicable State and federal
				  requirements for the transport of hazardous materials, including the
				  requirements of the New York State Department of Transportation and the New
				  York State Department of Motor Vehicles. The interstate transportation route of
				  LNG within the State does not require certification by the New York State
				  Department of Transportation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 570 - Liquefied Natural Gas › Section 570.5 - Pre-existing Facilities

Current through Register Vol. 46, No. 28, July 10, 2024
All pre-existing LNG facilities may continue to operate
					 without a permit so long as the facility remains in compliance with the
					 provisions of 570.l(d)(5).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 570 - Liquefied Natural Gas › Section 570.6 - Permanent Closure of Out-of-Service LNG Storage Tanks

Current through Register Vol. 46, No. 28, July 10, 2024
The holder of a permit for any LNG facility at which any
					 LNG storage tank, or the entire facility, is to be permanently closed must
					 submit plans to the Department at least thirty (30) days prior to permanent
					 closure of the tank or facility. LNG storage tanks that are out of service for
					 more than 12 months must be permanently closed. Permanent closure of an LNG
					 storage tank shall comply with the container purging procedures of NFPA 59A and
					 the following requirements:
(a)
				  material removed from tanks must be disposed of in accordance with all
				  applicable State and federal requirements;
(b) tanks must be protected from flotation in
				  accordance with good engineering practices;
(c) all gauge openings or connecting lines
				  must be capped, plugged or disconnected to prevent unauthorized use or
				  tampering;
(d) aboveground storage
				  tanks must be vented to the atmosphere and stenciled with the date of
				  closure;
(e) underground storage
				  tanks must be filled to capacity with a solid inert material or removed;
				  and
(f) compliance with the
				  requirements for permit relinquishment in section
				  621.11(d) 
				  of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 570 - Liquefied Natural Gas › Section 570.7 - Financial Assurance

Current through Register Vol. 46, No. 28, July 10, 2024
Financial assurance, which may take the form of trust
					 funds, surety bonds, letters of credit, insurance, documentation of financial
					 capability, or other acceptable financial assurance, may be required by the
					 Department to ensure proper closure of facilities. The form and amount of such
					 financial assurance, if any, will be established by the
					 Department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 570 - Liquefied Natural Gas › Section 570.8 - Reporting of LNG spills

Current through Register Vol. 46, No. 28, July 10, 2024
Spills of one gallon or more of LNG at an LNG facility, or
					 lesser amounts that result in a fire or an explosion, must be reported to the
					 Department as follows:
(a) Spills of
				  LNG must be reported to the Department as described in subdivision (b) of this
				  section within two (2) hours of discovery. Notification must be made by calling
				  the telephone hotline (518) 457-7362 for calls from out of State or (800)
				  457-7362 for calls from within the State. Only one report is required for each
				  spill. The owner or operator of an LNG facility where a spill of LNG has
				  occurred must also submit a written report to the Department within 10 calendar
				  days of the incident or discovery thereof, or as otherwise directed by the
				  Department, documenting the cause of the spill, the amount of LNG spilled, and
				  the curative measures to prevent future spills.
(b) The reporting requirements of this
				  section apply to any of the following persons who are aware of a spill:
(1) a facility owner or operator;
(2) any employee, agent, or representative of
				  a facility owner or operator; and
(3) any person in a contractual or agency
				  relationship with an owner or operator of a facility who delivers LNG,
				  inspects, tests or repairs any portion of a facility, or who otherwise has
				  responsibility for the handling or management of the LNG, and/or its
				  spillage.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 570 - Liquefied Natural Gas › Section 570.9 - Effect on Moratorium

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall not affect any statutory
					 moratorium imposed restricting the issuance of permits under this
					 Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter C - Invasive Species › Part 575 › Section 575.1 - Purpose, scope and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose
				  of this Part is to establish procedures to identify and classify invasive
				  species and to establish a permit system to restrict the sale, purchase,
				  possession, propagation, introduction, importation, and transport of invasive
				  species in New York, as part of the Department of Environmental Conservation's
				  statewide invasive species management program, as required by Environmental
				  Conservation Law sections 9-1709 and 71-0703.
(b) The regulations set forth in this Part
				  may be complemented by provisions found in Titles 1 and 6 of the New York Code
				  of Rules and Regulations and local laws or regulations that are designed to
				  restrict the sale, purchase, possession, propagation, introduction,
				  importation, transport and disposal of specific invasive species in New York.
				  These existing regulations apply, unless in conflict, superseded or expressly
				  stated otherwise in this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter C - Invasive Species › Part 575 › Section 575.4 - Regulated invasive species

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Regulated
				  invasive species are identified in this section by scientific and common names
				  and by specific categories of species.
(b) Except as otherwise provided by this
				  Part, no person shall knowingly introduce into a free-living state or introduce
				  by a means that one knew or should have known would lead to the introduction
				  into a free-living state any regulated invasive species, although such species
				  shall be legal to possess, sell, buy, propagate and transport.
(c)
Identification of regulated
				  species.
(1) Algae and cyanobacteria.
				  The following algae and cyanobacteria invasive species are regulated:
Scientific Name
Common Name
(i)
Cylindrospermopsis
								raciborskii
Cylindro
(ii)
Grateloupia turuturu
Red Algae
(2)
				  Plants. The following plant invasive species are regulated:
Scientific Name
Common Name
(i)
Acer platanoides
Norway Maple
(ii)
Clematis terniflora
Japanese Virgin's Bower
(iii)
Euonymus alatus
Burning Bush
(iv)
Euonymus fortunei
Winter Creeper
(v)
Miscanthus sinensis
Chinese Silver Grass
(vi)
Robinia pseudoacacia
Black Locust
(3)
				  Fish. The following fish invasive species are regulated:
Scientific Name
Common Name
(i)
Carassius auratus
Goldfish
(ii)
Cyprinella lutrensis
Red Shiner
(iii)
Cyprinus carpio
Common Carp, Koi
(iv)
Gymnocephalus cernuus
Ruffe
(v)
Monopterus albus
Asian Swamp Eel
(vi)
Oreochromis aureus
Blue Tilapia
(vii)
Oreochromis niloticus
Nile Tilapia
(viii)
Pterois miles
Common Lionfish
(ix)
Pterois volitans
Red Lionfish
(x)
Sander lucioperca (Stizostedion
								lucioperca)
Zander
(xi)
Scardinius erythrophthalmus
Rudd
(4)
				  Aquatic invertebrates. The following aquatic invertebrate invasive species are
				  regulated:
Scientific Name
Common Name
(i)
Carcinus maenas
European Green Crab
(ii)
Daphnia lumholtzi
Water Flea
(iii)
Hemigrapsus takanoi (H.
								penicillatus)
Brush-clawed Shore Crab, Grapsid Crab
(5)
				  Terrestrial and aquatic vertebrates. The following terrestrial and aquatic
				  vertebrate invasive species are regulated:
Scientific Name
Common Name
(i)
Alopochen aegyptiacus
Egyptian Goose
(ii)
Cairina moschata
Muscovy Duck
(iii)
Myiopsitta monachus
Monk Parakeet
(iv)
Oryctolagus cuniculus
European Rabbit
(v)
Trachemys scripta elegans
Red-eared Slider
(vi)
Xenopus laevis
African Clawed Frog
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter C - Invasive Species › Part 575 › Section 575.5 - Classifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Classification.
A species shall be classified and listed as prohibited or
					 regulated by the department and the Department of Agriculture and Markets by
					 applying the invasiveness ranking system established in
A Regulatory
					 System for Non-Native Species, June 2010,
("the
					 report").1 The department and the Department of
					 Agriculture and Markets shall consider the following ecological and
					 socio-economic factors to determine the invasiveness rank and whether the
					 species should be classified as prohibited or regulated:
(1) the species meets the definition of
				  invasive species;
(2) the species
				  is currently on a Federal list or is listed by other states as an invasive
				  species and its native habitat has climatic conditions similar to that of New
				  York State;
(3) ecological impacts
				  including, but not limited to, natural ecosystem processes, community structure
				  and composition, and impacts on other species or species groups;
(4) biological characteristics and dispersal
				  ability including, but not limited to, mode and rate of reproduction, potential
				  for dispersal and spread, characteristics which increase competitive
				  advantages, and known related invasive species;
(5) ecological amplitude and distribution
				  including, but not limited to, population status, habitats utilized, role of
				  disturbance in establishment, and climate in native range;
(6) difficulty of control;
(7) economic benefits or negative impacts of
				  the species;
(8) human health
				  benefits or negative impacts of the species; and
(9) cultural or societal significance of the
				  benefits or harm caused by the species.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter C - Invasive Species › Part 575 › Section 575.6 - Conditions governing regulated invasive species

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A regulated
				  invasive species that is sold or offered for sale in New York State shall have
				  attached in a conspicuous place on the container used to display the regulated
				  invasive species, and where no container is used on the species itself, a label
				  with the words Invasive Species-Harmful to the Environment in at least 14 point
				  bold type. Where it is impracticable to display a label, written notice shall
				  be provided upon sale to the purchaser. The label or written notice shall be of
				  a design prescribed by the Department of Agriculture and Markets with the
				  approval of the department and shall offer alternative non-invasive species and
				  provide instructions for the care or tending of the invasive species to prevent
				  their spread in the State or the introduction into a free-living
				  state.
(b) Before supplying or
				  planting a regulated invasive species as part of a landscape service in the
				  State, a person shall give written notice to the customer that the invasive
				  species is harmful to the environment. Such notice shall include the common and
				  scientific names of the invasive species immediately followed by the words
				  "Invasive species-Harmful to the Environment" in no less than 14 point bold
				  type. The notice shall offer alternative non-invasive species and shall provide
				  instructions for the care or tending of the invasive species to prevent their
				  spread in the State or the introduction into a free-living state.
(c) No person selling or offering for sale a
				  regulated species shall conceal, detach, alter, deface, or destroy any label,
				  sign, or notice required under this section.
(d) Any person who purchases a regulated
				  invasive species shall be required to follow any instructions required by this
				  section and maintain the required instructions until the regulated invasive
				  species is disposed of in a manner that renders it non-living and
				  non-viable.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter C - Invasive Species › Part 575 › Section 575.7 - Petitions to add a species to the invasive species list or remove a species from the invasive species list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person may
				  petition the department to have a species added to the invasive species list or
				  removed from the invasive species list found in this Part. Persons who submit a
				  petition to add a species to the invasive species list or remove a species from
				  the invasive species list must provide his or her name, address, telephone
				  number, and e-mail address (if available). The department may only classify
				  additional nonnative species that meet the established criteria in section
				  575.5  of this
				  Part for prohibited or regulated as invasive species and may classify them as
				  prohibited or regulated invasive species if the commissioner, with the approval
				  of the New York State Department of Agriculture and Markets determines the
				  established criteria are met. Persons who submit a petition to remove a species
				  from the invasive species list must provide his or her name, address, telephone
				  number, and (if available) e-mail address. The department, with the approval of
				  the New York State Department of Agriculture and Markets, may only remove
				  classified invasive species if those invasive species no longer meet the
				  established criteria in section
				  575.5  of this
				  Part. Persons who submit a petition to add a species to the invasive species
				  list or remove a species from the invasive species list are encouraged to
				  provide the following information, which can facilitate the review
				  process.
(b) Identification and
				  background of the species:
(1) the species
				  scientific name;
(2) species
				  taxonomic classification;
(3)
				  common synonyms;
(4) common
				  names;
(5) summary of life
				  history;
(6) native and world
				  distribution;
(7) distribution in
				  New York State, if any;
(8)
				  description of control efforts, if established in New York State; and
(9) whether the species is regulated at the
				  Federal or local level.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter C - Invasive Species › Part 575 › Section 575.9 - Invasive species permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person
				  may possess, with the intent to sell, import, purchase, transport or introduce,
				  a prohibited invasive species if the person has been issued a permit by the
				  department for research, education, or other approved activity, under this
				  Part.
(b) A person may only
				  introduce a regulated invasive species into a free-living state if the person
				  is issued a permit under this section expressly authorizing such
				  introduction.
(c)
Written
				  application required.
(1) Applications
				  for permits under this chapter shall be submitted in writing to the department
				  on forms available from the department. The application shall include:
(i) the name and quantity or number of
				  invasive species specimens for which a permit is sought;
(ii) whether the permit is sought for
				  research, education, or other activity;
(iii) a description of other relevant
				  permits, approvals or licenses of the applicant;
(iv) the applicant's purpose or reason for
				  seeking the permit; and
(v) other
				  relevant information, including control and disposal measures.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter C - Invasive Species › Part 575 › Section 575.10 - Penalties and enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
Any person who violates this Part or any license or permit
					 or order issued by the department, or Department of Agriculture and Markets,
					 pursuant to section 9-1709  of the Environmental Conservation
					 Law or pursuant to the provisions of this Part shall be liable for all
					 penalties and other remedies provided for in the Environmental Conservation Law
					 including section 71-0703(9). With respect to Eurasian boars, any person who
					 violates this Part shall also be liable for all penalties provided for in the
					 Environmental Conservation Law, including section 71-0925. Such penalties and
					 remedies may be in addition to any other penalty or remedy available under any
					 other law, including but not limited to, permit revocation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter C - Invasive Species › Part 575 › Section 575.11 - Coordination

Current through Register Vol. 46, No. 28, July 10, 2024
This Part does not affect the authority of the Department
					 of Agriculture and Markets. The Department of Agriculture and Markets shall
					 inspect registered growers and dealers of plant material pursuant to
					 Agriculture and Markets Law, article 14 section 166, for compliance with this
					 Part. Any violation issued by the Department of Agriculture and Markets shall
					 be referred to the Department of Environmental Conservation for assessment of
					 penalties pursuant to Environmental Conservation Law, section
					 71-0703.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter C - Invasive Species › Part 575 › Section 575.12 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If a provision of this Part or its application to any
					 person or circumstance is determined to be contrary to law by a court of
					 competent jurisdiction, such determination shall not affect or impair the
					 validity of the other provisions of this Part or the application to other
					 persons and circumstances.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter C - Invasive Species › Part 576 - Aquatic Invasive Species Spread Prevention › Section 576.1 - Purpose, scope and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The purpose of this Part is to establish reasonable precautions such as
				  removing visible plant or animal matter, washing, draining or drying that must
				  be taken by persons launching watercraft or floating docks into public
				  waterbodies to prevent the spread of aquatic invasive species.
(b) The regulations in this Part apply to
				  persons who launch, or attempt to launch, a watercraft or floating dock into
				  public waterbodies.
(c) The
				  regulations set forth in this Part shall be in addition to the provisions found
				  in Titles 9 and 6 of the New York Code of Rules and Regulations and local laws
				  relating to the prevention of aquatic invasive species in New York. Those
				  provisions shall apply, unless in conflict, superseded or expressly stated
				  otherwise in this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter C - Invasive Species › Part 576 - Aquatic Invasive Species Spread Prevention › Section 576.3 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall launch, or attempt to launch, a watercraft
					 or floating dock into a public waterbody unless the following reasonable
					 precautions of (a) cleaning, (b) draining, and (c) treating have been
					 taken:
(a) Cleaning. Cleaning shall
				  include all of the following reasonable precautions:
1. inspecting the watercraft or floating dock
				  and removing any plant or animal, or parts thereof, visible to the human eye,
				  in, on, or attached to any part of the watercraft or floating dock, including
				  livewells and bilges, the motor, rudder, anchor or other appurtenant, equipment
				  or gear on the watercraft or floating dock that may come in contact with the
				  waterbody; or the trailer or any other device used to transport or launch a
				  watercraft or floating dock that may come into contact with the waterbody
				  before launching into a public waterbody; and
2. any plants, animals, and parts thereof,
				  including bait or other fish parts, visible to the human eye, shall be disposed
				  by depositing these materials in a refuse receptacle where available or other
				  receptacle designated for invasive species disposal, or if no receptacle is
				  available, disposing the materials upland from the mean high water mark of the
				  waterbody and in a manner to avoid contact by the material with the waterbody;
				  and
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter C - Invasive Species › Part 576 - Aquatic Invasive Species Spread Prevention › Section 576.4 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
				  of this Part shall not apply to the following:
1. Plants not otherwise defined in law or
				  regulation as invasive species affixed to or transported in watercraft for use
				  as camouflage for hunting or wildlife viewing purposes.
2. Bait or baitfish that can legally be used
				  on a waterbody and is possessed consistent with all applicable laws and
				  regulations.
3. Legally taken game
				  as defined in section 11-0103 (2)  of the
				  Environmental Conservation Law or fish as defined in section
				  110103(1)(a).
4. The use of plants
				  or animals for habitat restoration, invasive species control, scientific
				  research, aquaculture, landscaping, gardening, or other activity pursuant to
				  express written approval by the department, consistent with all applicable laws
				  and regulations related to their use, possession or harvest.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter C - Invasive Species › Part 576 - Aquatic Invasive Species Spread Prevention › Section 576.5 - Penalties and enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
Any person who violates the provisions of this Part shall
					 be liable for all penalties and other remedies provided for in the
					 Environmental Conservation Law including section 71-0703(10).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter C - Invasive Species › Part 576 - Aquatic Invasive Species Spread Prevention › Section 576.6 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If a provision of this Part or its application to any
					 person or circumstance is determined to be contrary to law by a court of
					 competent jurisdiction, such determination shall not affect or impair the
					 validity of the other provisions of this Part or the application to other
					 persons and circumstances.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 590 - PAYMENT OF EXPENSES UPON ACQUISITION OF REAL PROPERTY › Section 590.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The laws stated above provided that the Commissioner of
					 Environmental Conservation, with the approval of the Director of the Budget
					 shall establish and may amend rules and regulations authorizing the payment of
					 reasonable and necessary moving expenses, supplemental relocation payments,
					 loss of favorable mortgage financing and closing costs to occupants of property
					 acquired pursuant to such laws. The following rules and regulations shall apply
					 to moving expenses, supplemental relocation payments, loss of favorable
					 mortgage financing and closing costs to eligible persons caused by their
					 displacement from real property acquired pursuant to such
					 laws.