Title ENV, Environmental Conservation

§ 3-0113. The New York State Conservationist.\n 1. To the end that there shall be promoted a wider understanding of\nthe problems affecting conservation of natural resources in this state,\nit is declared advisable to authorize the agents who issue hunting,\nfishing and trapping …

§ 3-0115. Establishment of forestry and wildlife management areas by United States; consent of state. 1. To implement and supplement federal statutes now in effect and to authorize the acquisition by the United States of America of upland area for conservation purposes, the conse…

§ 3-0117. Activities of local governmental agencies. 1. Activities of local health boards, departments and officers and other local government agencies pertaining to functions, powers and duties which were transferred pursuant to chapter 140 of the Laws of 1970, from the Departme…

§ 3-0119. Laboratory tests. Any laboratory tests or sample analysis required pursuant to article seventeen, nineteen or twenty-seven of this chapter for which the commissioner of health issues certificates of approval pursuant to section five hundred two of the public health law …

§ 3-0301. General functions, powers and duties of the department and the\n commissioner.\n 1. It shall be the responsibility of the department, in accordance\nwith such existing provisions and limitations as may be elsewhere set\nforth in law, by and through the commissioner to c…

§ 3-0302. Review of state-owned lands. Within amounts appropriated therefor, by January first, nineteen hundred ninety-five, the commissioner, in consultation with the New York state biodiversity research institute created pursuant to section two hundred thirty-five-a of the educ…

§ 3-0303. Statewide environmental plan. 1. The department shall formulate and from time to time revise a statewide environmental plan for the management and protection of the quality of the environment and the natural resources of the state, in furtherance of the legislative poli…

§ 3-0304. The department shall compile and maintain an inventory of educational resources for teaching the principles of environmental conservation in New York state. Inventory of educational resources for teaching the principles of environmental conservation in New York state. l…

§ 3-0305. Acquirement of real property by purchase or appropriation. 1. The commissioner when moneys therefor have been appropriated by the legislature or are otherwise available, may acquire any real property which he deems necessary for any of the purposes or functions of the d…

§ 3-0306. Registry of public agencies and private organizations; notice of department hearings. 1. The commissioner shall develop and maintain a registry of government agencies and officials and of private organizations of statewide, regional, county and local scope, with interes…

§ 3-0307. Acquisition of federal lands. The State of New York may acquire from the United States of America by gift, lease or purchase or otherwise, and subject to such conditions as may be prescribed by the United States of America, lands suited for reforestation, game managemen…

§ 3-0309. Stand-by contracts. 1. Consistent with the commissioner's authority to undertake such activities pursuant to this chapter, the state public health law, the public authorities law and the state finance law, the commissioner may enter into stand-by contracts for the purpo…

* § 3-0311. Municipal notification of environmental violations. Notwithstanding any other provision of law and except when any criminal investigation is pending, the commissioner shall notify the chief executive officer of the municipality together with the chief executive office…

* § 3-0311. State agency environmental audits. 1. Each state agency as defined in subdivision five of this section shall annually audit the environmental problems created by its operations or the operations of contractors it has hired and over whom it has exercised or is required…

§ 3-0313. Adopt-a-beach stewardship program. 1. The commissioner may enter into stewardship agreements with any person or persons for the purposes of preserving, maintaining, or enhancing a state-owned beach, shoreline area or portion thereof in accordance with the policies of th…

§ 3-0315. Geographic information system. 1. The department in conjunction with the commissioner of health shall create and maintain a geographic information system, and associated data storage and analytical systems for purposes of collecting, streamlining, and visualizing integr…

* § 3-0317. Cancer incidence and environmental facility maps project. 1. For purposes of this section, "environmental facility" shall mean a facility or site which is: (a) permitted as an industrial or municipal facility pursuant to titles 7 or 8 of article 17 of this chapter; (b…

§ 3-0319. Sea level rise projections. The department shall, no later than January first, two thousand sixteen, adopt regulations establishing science-based state sea level rise projections. In adopting such regulations, the department shall consider information including, but not…

§ 3-0321. Gifts, donations, capital improvements. 1. Notwithstanding the provisions of the state finance law, or any other state law to the contrary, and subject to approval of the director of the budget, the commissioner is authorized to accept an unconditional grant, gift, devi…

* § 30-101. Legislative findings. 1. The legislature finds that while the energy and economic output generated by nuclear power plants are beneficial to the state and its residents, discharges into waters of the state of radiological agents from nuclear power plants have various …

§ 30-0103. Unlawful discharges. To the extent not subject to preemption by federal law, and notwithstanding any other state or local law, rule, or regulation to the contrary, it shall be unlawful to discharge any radiological substance into the Hudson River in connection with the…

§ 33-0101. Definitions. 1. "Active ingredient" means: a. In the case of a pesticide other than a plant regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repel, or mitigate insects, fungi, rodents, weeds, or other pests. b. In the case of a plant regula…

§ 33-0103. Exemptions. 1. The provisions of subdivisions 1 through 5 inclusive of section 33-0303 and titles 5, 7, 11, 13 and 15 of this article shall not apply to: a. Any carrier while lawfully engaged in transporting a pesticide within this state, if such carrier shall, upon re…

§ 33-0301. Declaration of policy and purposes. The purpose of this article is to regulate the registration, commercial use, purchase and custom application of pesticides. Pesticides, properly used for the control of insects, fungi, weeds, and nematodes, and as defoliants, desicca…

§ 33-0303. Powers and duties of the commissioner and the department. 1. Jurisdiction in all matters pertaining to the distribution, sale, use and transportation of pesticides, is by this article vested exclusively in the commissioner. 2. All authority vested in the commissioner b…

§ 33-0304. Fees. All fees collected pursuant to this article shall be deposited into the environmental conservation special revenue fund to the credit of the environmental regulatory account; provided, however, that the first five million dollars collected pursuant to this articl…

§ 33-0305. Severability. If any provision of this article is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, by a court of competent jurisdiction, the constitutionality of the remainder of the article, and the applicability t…

§ 33-0501. Testing of pesticide samples. 1. The commissioner shall take and seal samples of pesticides in duplicate in the presence of at least one witness and shall, tender, and, if accepted, deliver to the person in charge of the pesticide one of such samples. 2. The department…

§ 33-0701. Scope of registration. Every pesticide which is used, distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be regist…

§ 33-0703. Application for registration. The applicant shall file with the commissioner a statement including: 1. The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant; 2. The name of the pest…

§ 33-0704. Review of applications to register pesticides. 1. For registration applications subject to review pursuant to subdivisions two through five of this section, an application for pesticide registration shall be determined by the commissioner to be complete or incomplete w…

§ 33-0705. Fee for registration. The applicant for registration shall pay a fee as follows: a. Six hundred dollars for each pesticide proposed to be registered, provided that the applicant has submitted to the department proof in the form of a federal income tax return for the pr…

§ 33-0707. Disclosure of pesticide formulas. The commissioner, whenever he deems it necessary in the administration of subdivisions 1 through 5 inclusive of section 33-0303 and titles 5, 7, 11, 13 and 15 of this article, may require the submission of the complete formula of any p…

§ 33-0709. Requirements for registration. If it appears to the commissioner that the composition of the pesticide is such as to warrant the proposed claims for it, and if the pesticide and its labeling and other material required to be submitted comply with the requirements of th…

§ 33-0711. Procedure when registration is denied. If the commissioner shall decide that the pesticide does not warrant the proposed claims for it or if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of this article, he…

§ 33-0713. Cancellation of registration. 1. The commissioner, in accordance with the procedures specified in this article may cancel the registration of a pesticide whenever it does not appear that the article or its labeling or other material required to be submitted complies wi…

§ 33-0714. Water quality monitoring for pesticides. The department, in coordination with the United States Geological Survey National Water Quality Assessment Program, the New York State Water Resources Institute, and other parties, shall conduct a water quality monitoring progra…

§ 33-0715. Advisory committees. 1. The commissioner on his own motion, may at any time refer matters concerning registration of pesticides or the suspension or cancellation of such registration, to an advisory committee. Each advisory committee shall be composed of experts, quali…

§ 33-0717. Public hearing regarding registration. In the event a hearing is requested, the commissioner shall, after due notice, hold a public hearing for the purpose of receiving evidence relevant and material to the issues raised by the objections. Any report, recommendations, …

§ 33-0719. Suspension of pesticide registration. Notwithstanding any other provision of this article, the commissioner may, by order, suspend the registration of a pesticide immediately when he finds that such action is necessary to prevent an imminent hazard to the public or any…

§ 33-0721. Judicial review. Final orders of the commissioner under this title shall be subject to review under article 78 of the Civil Practice Law and Rules instituted within thirty days after receipt by the applicant for registration or registrant of the commissioner's order. …

§ 33-0723. Experimental use permits. 1. The commissioner is hereby authorized to apply to the United States environmental protection agency for certification pursuant to section five of the Federal Insecticide, Fungicide and Rodenticide Act of 1972, as amended, to issue experimen…

§ 33-0725. Approved agricultural uses. A pesticide shall be used in accordance with its labeling. Unless the labeling specifically prohibits such use, a pesticide registered for use in New York state may be used for agricultural purposes only in a dosage, concentration or frequen…

§ 33-0901. Commercial permits. 1. A commercial permit is required for the distribution, sale, offer for sale, purchase for the purpose of re-sale or possession for the purpose of re-sale of a restricted use pesticide. 2. Any person desiring such a permit shall file an application…

§ 33-0903. Purchase permits. 1. A purchase permit or certification identification card is required for the purchase, possession or use of a restricted use pesticide. 2. Any person desiring such a permit shall file an application containing such information required by the commiss…

§ 33-0905. Pesticide applicator certification.\n 1. Any person who engages in the commercial or private application of\npesticides or the sale of restricted use pesticides shall be certified\nby the commissioner except as provided in subdivision two of this\nsection. No certifica…

§ 33-0907. Pesticide business and agency registration. 1. Any pesticide business or agency as defined in this article shall register with the commissioner. 2. Applications for pesticide business or agency registration shall be made to the commissioner. The application shall be on…

§ 33-0909. Denial or revocation of certification or registration. 1. The commissioner, after due notice and opportunity of hearing to an applicant, certified applicator, or registered pesticide business or agency, may deny an application or revoke a certificate or registration up…

§ 33-0911. Certification and registration fees. 1. Every applicant for pesticide applicator certification shall pay an examination fee of one hundred dollars for each examination. 2. Fees for pesticide applicator certification shall be four hundred fifty dollars for commercial pe…

§ 33-0920. Definitions. For the purposes of this title: 1. "Aquatic antifouling paint application business" shall mean a business that commercially applies aquatic antifouling paints. 2. "Aquatic antifouling paints" are pesticide products used on vessel hulls, boat bottoms, struc…