N.Y. Comp. Codes R. & Regs. Tit. 6 § 327.1 - Permit required
(a) No person,
individual, public or private corporation, political subdivision, government
agency, municipality, industry, copartnership, association, firm, trust or
estate, or any other legal entity whatsoever, shall use chemicals for the
control or elimination of aquatic vegetation in any waters of the State without
having applied for and obtained a written permit to do so from a designated
permit-issuing official, except as specified in subdivision (c) of this
section.
(b) Such permit may be
issued for the use of chemicals in the control or elimination of aquatic
vegetation, subject to such limitations as may be considered necessary to
safeguard water quality. For the protection of riparian uses, no such permit
shall be issued except where the applicant has certified that the affected
riparian users have agreed to temporary curtailment of their uses incidental to
treatment or unless the applicant demonstrates to the satisfaction of the
commissioner that any nonconsenting riparian users will not be significantly
adversely affected by the use of the chemicals subject to such limitations as
are set forth in the permit. Such limitations shall prescribe what chemical or
chemicals may be applied to the waters under stipulated conditions to protect
the public health, safety or welfare, and terrestrial and aquatic life or the
growth and propagation thereof, other than aquatic vegetation intended to be
controlled or eliminated.
(c) Such
permit, however, shall not be required: for the use of copper sulfate for the
purpose of algae control by a duly constituted water supply agency in its water
supply waters; or for chemical control of aquatic vegetation in ponds or lakes
having no outlet to other waters and which lie wholly within the boundaries of
lands privately owned or leased by the individual making or authorizing such
treatment.
Notes
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