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\n United States; consent of state.\n 1. To implement and supplement federal statutes now in effect and to\nauthorize the acquisition by the United States of America of upland area\nfor conservation purposes, the…

§ 3-0117. Activities of local governmental agencies.\n 1. Activities of local health boards, departments and officers and\nother local government agencies pertaining to functions, powers and\nduties which were transferred pursuant to chapter 140 of the Laws of\n1970, from the Dep…

§ 3-0119. Laboratory tests.\n Any laboratory tests or sample analysis required pursuant to article\nseventeen, nineteen or twenty-seven of this chapter for which the\ncommissioner of health issues certificates of approval pursuant to\nsection five hundred two of the public health…

§ 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.\n Within amounts appropriated therefor, by January first, nineteen\nhundred ninety-five, the commissioner, in consultation with the New York\nstate biodiversity research institute created pursuant to section two\nhundred thirty-five-a of the…

§ 3-0303. Statewide environmental plan.\n 1. The department shall formulate and from time to time revise a\nstatewide environmental plan for the management and protection of the\nquality of the environment and the natural resources of the state, in\nfurtherance of the legislative…

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

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

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

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

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

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

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

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

§ 3-0315. Geographic information system.\n 1. The department in conjunction with the commissioner of health shall\ncreate and maintain a geographic information system, and associated data\nstorage and analytical systems for purposes of collecting, streamlining,\nand visualizing i…

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

§ 3-0319. Sea level rise projections.\n The department shall, no later than January first, two thousand\nsixteen, adopt regulations establishing science-based state sea level\nrise projections. In adopting such regulations, the department shall\nconsider information including, bu…

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

* § 30-101. Legislative findings.\n 1. The legislature finds that while the energy and economic output\ngenerated by nuclear power plants are beneficial to the state and its\nresidents, discharges into waters of the state of radiological agents\nfrom nuclear power plants have var…

§ 30-0103. Unlawful discharges.\n To the extent not subject to preemption by federal law, and\nnotwithstanding any other state or local law, rule, or regulation to the\ncontrary, it shall be unlawful to discharge any radiological substance\ninto the Hudson River in connection wit…

§ 33-0101. Definitions.\n 1. "Active ingredient" means:\n a. In the case of a pesticide other than a plant regulator, defoliant\nor desiccant, an ingredient which will prevent, destroy, repel, or\nmitigate insects, fungi, rodents, weeds, or other pests.\n b. In the case of a plan…

§ 33-0103. Exemptions.\n 1. The provisions of subdivisions 1 through 5 inclusive of section\n33-0303 and titles 5, 7, 11, 13 and 15 of this article shall not apply\nto:\n a. Any carrier while lawfully engaged in transporting a pesticide\nwithin this state, if such carrier shall, …

§ 33-0301. Declaration of policy and purposes.\n The purpose of this article is to regulate the registration,\ncommercial use, purchase and custom application of pesticides.\nPesticides, properly used for the control of insects, fungi, weeds, and\nnematodes, and as defoliants, de…

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

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

§ 33-0305. Severability.\n If any provision of this article is declared unconstitutional, or the\napplicability thereof to any person or circumstance is held invalid, by\na court of competent jurisdiction, the constitutionality of the\nremainder of the article, and the applicabil…

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

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

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

§ 33-0704. Review of applications to register pesticides.\n 1. For registration applications subject to review pursuant to\nsubdivisions two through five of this section, an application for\npesticide registration shall be determined by the commissioner to be\ncomplete or incompl…

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

§ 33-0707. Disclosure of pesticide formulas.\n The commissioner, whenever he deems it necessary in the administration\nof subdivisions 1 through 5 inclusive of section 33-0303 and titles 5,\n7, 11, 13 and 15 of this article, may require the submission of the\ncomplete formula of …

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

§ 33-0711. Procedure when registration is denied.\n If the commissioner shall decide that the pesticide does not warrant\nthe proposed claims for it or if the pesticide and its labeling and\nother material required to be submitted do not comply with the\nprovisions of this articl…

§ 33-0713. Cancellation of registration.\n 1. The commissioner, in accordance with the procedures specified in\nthis article may cancel the registration of a pesticide whenever it does\nnot appear that the article or its labeling or other material required\nto be submitted compli…

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

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

§ 33-0717. Public hearing regarding registration.\n In the event a hearing is requested, the commissioner shall, after due\nnotice, hold a public hearing for the purpose of receiving evidence\nrelevant and material to the issues raised by the objections. Any\nreport, recommendati…

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

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

§ 33-0723. Experimental use permits.\n 1. The commissioner is hereby authorized to apply to the United States\nenvironmental protection agency for certification pursuant to section\nfive of the Federal Insecticide, Fungicide and Rodenticide Act of 1972,\nas amended, to issue expe…

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

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

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

§ 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.\n 1. Any pesticide business or agency as defined in this article shall\nregister with the commissioner.\n 2. Applications for pesticide business or agency registration shall be\nmade to the commissioner. The application shall…

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

§ 33-0911. Certification and registration fees.\n 1. Every applicant for pesticide applicator certification shall pay an\nexamination fee of one hundred dollars for each examination.\n 2. Fees for pesticide applicator certification shall be four hundred\nfifty dollars for commerc…

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