15-0313 – Powers and Responsibilities With Respect to Water Pollution Control.

§ 15-0313. Powers  and  responsibilities with respect to water pollution
           control.
1. The department shall perform such duties and functions with respect
  to the control of water pollution as is provided in article  17  of  the
  Environmental Conservation Law, and shall have such powers and authority
  as may be necessary in that regard.
2.  The  department is hereby authorized, upon due consideration after
  hearing to:
a. Alter, modify or amend the "Rules and Classifications and Standards
  of Quality and Purity for Waters of New York State" for the  control  of
  pollution  of  the  waters  of the state as provided in paragraph (c) of
  subdivision 7 of section 17-0301,
b. Classify the waters of the state in accordance with best  usage  in
  the  interest  of  the  public, and alter, reclassify, modify, change or
  amend the classification of waters hitherto adopted and  established  by
  the  former  Water  Resources  Commission and the former Water Pollution
  Control Board as provided in paragraph (c) of subdivision 7  of  section
  17-0301,
c. Establish new, or alter, modify, change or amend existing standards
  of  quality  and  purity  of  the  waters of the state applicable to the
  classification of waters.
3. In the classification of waters and the adoption  of  standards  of
  purity  and  quality  therefore, due consideration shall be given by the
  department to the factors and considerations  specifically  provided  in
  section 17-0301.
4.  The  department  is  authorized  to  adopt  and  enforce rules and
  regulations governing the direct  application  of  chemicals  to  or  in
  surface  waters for the purpose of altering water quality, or the direct
  application of pesticides to or in surface waters,  notwithstanding  any
  of the provisions of this chapter.
a.  Such  rules  and regulations may forbid such direct application or
  use of pesticides and chemicals except pursuant to a  permit  issued  by
  the  department,  or  by  an appropriate officer or agency authorized by
  such rules to issue such permits, except that  a  permit  shall  not  be
  required  for  the  application  of a pesticide to a pond of one acre or
  less in size which has no outlet to surface water.
b. Such rules and regulations may specify the pesticides and chemicals
  and quantities and concentrations thereof which may be directly  applied
  or used, which specified chemicals and pesticides shall be selected with
  maximum  protection  of  life, health and property as criteria for their
  selection, and shall  also  provide  for  giving  reasonable  notice  to
  persons likely to be adversely affected by such use of chemicals and may
  require  consent  of  persons  who  may reasonably be expected to suffer
  substantial damage or injury thereby prior to the issuance of any permit
  for such use. A fee of one hundred dollars shall accompany each permit.
c. No pesticide or chemical may be introduced into any surface  waters
  of  the  state  classified  pursuant  to article 17 in violation of such
  rules and regulations.