§ 15-0313 — Powers and responsibilities with respect to water pollution control

§ 15-0313. Powers and responsibilities with respect to water pollution\n control.\n 1. The department shall perform such duties and functions with respect\nto the control of water pollution as is provided in article 17 of the\nEnvironmental Conservation Law, and shall have such powers and authority\nas may be necessary in that regard.\n 2. The department is hereby authorized, upon due consideration after\nhearing to:\n a. Alter, modify or amend the "Rules and Classifications and Standards\nof Quality and Purity for Waters of New York State" for the control of\npollution of the waters of the state as provided in paragraph (c) of\nsubdivision 7 of section 17-0301,\n b. Classify the waters of the state in accordance with best usage in\nthe interest of the public, and alter, reclassify, modify, change or\namend the classification of waters hitherto adopted and established by\nthe former Water Resources Commission and the former Water Pollution\nControl Board as provided in paragraph (c) of subdivision 7 of section\n17-0301,\n c. Establish new, or alter, modify, change or amend existing standards\nof quality and purity of the waters of the state applicable to the\nclassification of waters.\n 3. In the classification of waters and the adoption of standards of\npurity and quality therefore, due consideration shall be given by the\ndepartment to the factors and considerations specifically provided in\nsection 17-0301.\n 4. The department is authorized to adopt and enforce rules and\nregulations governing the direct application of chemicals to or in\nsurface waters for the purpose of altering water quality, or the direct\napplication of pesticides to or in surface waters, notwithstanding any\nof the provisions of this chapter.\n a. Such rules and regulations may forbid such direct application or\nuse of pesticides and chemicals except pursuant to a permit issued by\nthe department, or by an appropriate officer or agency authorized by\nsuch rules to issue such permits, except that a permit shall not be\nrequired for the application of a pesticide to a pond of one acre or\nless in size which has no outlet to surface water.\n b. Such rules and regulations may specify the pesticides and chemicals\nand quantities and concentrations thereof which may be directly applied\nor used, which specified chemicals and pesticides shall be selected with\nmaximum protection of life, health and property as criteria for their\nselection, and shall also provide for giving reasonable notice to\npersons likely to be adversely affected by such use of chemicals and may\nrequire consent of persons who may reasonably be expected to suffer\nsubstantial damage or injury thereby prior to the issuance of any permit\nfor such use. A fee of one hundred dollars shall accompany each permit.\n c. No pesticide or chemical may be introduced into any surface waters\nof the state classified pursuant to article 17 in violation of such\nrules and regulations.\n