A. 3360 2
2. Activities subject to regulation shall include any form of drain-
ing, dredging, excavation, removal of soil, mud, sand, shells, gravel or
other aggregate from any freshwater wetland, either directly or indi-
rectly; and any form of dumping, filling, or depositing of any soil,
stones, sand, gravel, mud, rubbish or fill of any kind, either directly
or indirectly; APPLY PESTICIDES; erecting any structures, roads, the
driving of pilings, or placing of any other obstructions whether or not
changing the ebb and flow of the water; any form of pollution, including
but not limited to, installing a septic tank, running a sewer outfall,
discharging sewage treatment effluent or other liquid wastes into or so
as to drain into a freshwater wetland; and any other activity which
substantially impairs any of the several functions served by freshwater
wetlands or the benefits derived therefrom which are set forth in
section 24-0105 of this article. These activities are subject to regu-
lation whether or not they occur upon the wetland itself, if they
impinge upon or otherwise substantially affect the wetlands and are
located not more than one hundred feet from the boundary of such
wetland. Provided, that a greater distance from any such wetland may be
regulated pursuant to this article by the appropriate local government
or by the department, whichever has jurisdiction over such wetland,
where necessary to protect and preserve the wetland.
5. Public health activities, orders, and regulations of the department
of health shall be excluded from regulated activities, EXCEPT THAT
PESTICIDE APPLICATIONS FOR PUBLIC HEALTH PURPOSES SHALL BE SUBJECT TO
REGULATION PURSUANT TO THIS TITLE. Copies of all such public health
orders and regulations affecting wetlands shall be filed with the
department [of environmental conservation]. The commissioner may request
modification of such orders or regulations if he deems such necessary to
implement the policy of this article.
S 3. Section 24-0703 of the environmental conservation law is amended
by adding a new subdivision 1-a to read as follows:
1-A. AN APPLICATION FOR A PERMIT TO APPLY A PESTICIDE IN OR WITHIN ONE
HUNDRED FEET OF FRESHWATER WETLANDS SHALL PROVIDE THE FOLLOWING INFORMA-
TION:
(A) THE PURPOSE AND JUSTIFICATION OF THE PESTICIDE APPLICATION;
(B) A DESCRIPTION OF THE TARGET ORGANISM;
(C) THE PROPOSED DATE AND METHOD OF PESTICIDE APPLICATION;
(D) A DISCUSSION OF THE INTEGRATED PEST MANAGEMENT PROGRAM, INCLUDING
NON-CHEMICAL ALTERNATIVES TO USING PESTICIDES, TO BE UTILIZED FOR
CONTROLLING THE TARGET ORGANISM; AND
(E) A DISCUSSION OF THE LEAST-TOXIC PESTICIDES AVAILABLE TO CONTROL
THE TARGET ORGANISM, WHICH MIGHT BE USED AS A LAST RESORT.
S 4. Subdivision 1 of section 24-0705 of the environmental conserva-
tion law, as amended by chapter 654 of the laws of 1977, is amended to
read as follows:
1. In granting, denying or limiting any permit, the local government
or the commissioner shall:
(A) consider the effect of the proposed activity with reference to the
public health and welfare, fishing, flood, hurricane and storm dangers,
and protection or enhancement of the several functions of the freshwater
wetlands and the benefits derived therefrom which are set forth in
section 24-0103 of this article. The effects of the proposed activity
shall be considered by the department or a local government, as the case
may be, irrespective of political boundaries;
(B) CONFIRM THAT AN INTEGRATED PEST MANAGEMENT PROGRAM, INCLUDING
BIOLOGICAL AND CULTURAL METHODS TO CONTROL THE TARGET ORGANISM HAVE BEEN
A. 3360 3
UTILIZED, AND ONLY AS A LAST RESORT, IS A PESTICIDE APPLICATION PROPOSED
WHICH UTILIZES THE LEAST TOXIC PESTICIDE REGISTERED FOR CONTROL OF THE
TARGET ORGANISM;
(C) CONFIRM THAT NOTICE HAS BEEN GIVEN TO PERSONS LIKELY TO BE
ADVERSELY AFFECTED BY SUCH USE OF PESTICIDES, REQUIRING CONSENT OF
PERSONS WHO HAVE A SUBSTANTIAL INTEREST IN SUCH USE, PRIOR TO THE ISSU-
ANCE OF ANY PERMIT FOR SUCH USE, EXCEPT THAT CONSENT SHALL NOT BE
REQUIRED IN THE CASE OF A PUBLIC EMERGENCY DECLARED BY THE COMMISSIONER
OF HEALTH OR A LOCAL HEALTH AGENCY AND APPROVED BY THE COMMISSIONER OF
HEALTH; AND
(D) PROVIDE FOR PUBLISHED NOTICE OF ANY PESTICIDE APPLICATION AUTHOR-
IZED BY A PERMIT ISSUED BY THE LOCAL GOVERNMENT OR THE COMMISSIONER, IN
A NEWSPAPER GENERALLY CIRCULATED IN THE AREA WHERE THE APPLICATION IS TO
OCCUR, AT LEAST ONE WEEK PRIOR TO AND AT LEAST THREE DAYS PRIOR TO SUCH
APPLICATION. FOR PESTICIDE APPLICATIONS CONDUCTED IN RESPONSE TO A
PUBLIC HEALTH EMERGENCY DECLARED BY THE DEPARTMENT OF HEALTH OR A LOCAL
HEALTH AGENCY AND APPROVED BY THE DEPARTMENT OF HEALTH, NEWSPAPER PUBLI-
CATION OF THE PESTICIDE APPLICATION SHALL BE REQUIRED AT LEAST THREE
DAYS PRIOR TO THE APPLICATION. THE NEWSPAPER PUBLICATION SHALL CONTAIN
AT LEAST THE FOLLOWING INFORMATION:
(I) THE PURPOSE OF THE PESTICIDE APPLICATION;
(II) THE PRODUCT NAME OF THE PESTICIDE AND THE ACTIVE INGREDIENT IN
THE PRODUCT BEING APPLIED;
(III) THE PROPOSED DATES OF THE PESTICIDE APPLICATION;
(IV) THE SPECIFIC LOCATION OF THE PESTICIDE APPLICATION;
(V) A CONTACT PERSON AND TELEPHONE NUMBER FOR FURTHER INFORMATION,
INCLUDING A COPY OF THE PESTICIDE OR CHEMICAL LABEL; AND
(VI) PROVIDE FOR POSTING OF PUBLIC NOTICES FOR PESTICIDE APPLICATIONS
AUTHORIZED BY A PERMIT ISSUED BY THE DEPARTMENT, AT REGULAR INTERVALS
AROUND OR ALONG THE PERIMETER AND AT PUBLIC ACCESS POINTS OF THE TREATED
FRESHWATER WETLAND.
S 5. Section 25-0103 of the environmental conservation law is amended
by adding two new subdivisions 6 and 7 to read as follows:
6. "PESTICIDE" SHALL MEAN:
(A) ANY SUBSTANCES OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING,
DESTROYING, REPELLING OR MITIGATING ANY PEST; AND
(B) ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR USE AS A PLANT
REGULATOR, DEFOLIANT OR DESICCANT.
7. "INTEGRATED PEST MANAGEMENT" MEANS AN ECONOMICAL AND ENVIRON-
MENTALLY SENSITIVE APPROACH TO PEST MANAGEMENT WHICH RELIES ON A COMBI-
NATION OF BIOLOGICAL, CHEMICAL, CULTURAL, MECHANICAL AND OTHER NON-CHEM-
ICAL PEST CONTROL TECHNIQUES AND PRACTICES, AND, WHEN NECESSARY, TO USE
SELECTIVE PESTICIDES TO MANAGE PEST POPULATIONS BY THE MOST EFFECTIVE
MEANS TO PREVENT UNACCEPTABLE LEVELS OF PEST ACTIVITIES AND DAMAGE, WITH
THE LEAST HAZARD TO PEOPLE, PROPERTY AND THE ENVIRONMENT. CHEMICAL
CONTROL MEASURES SHALL BE THE PRACTICE OF LAST RESORT.
S 6. Subdivisions 2 and 4 of section 25-0401 of the environmental
conservation law, as added by chapter 790 of the laws of 1973, are
amended to read as follows:
2. Activities subject to regulation hereunder include any form of
draining, dredging, excavation, and removal either directly or indirect-
ly, of soil, mud, sand, shells, gravel or other aggregate from any tidal
wetland; any form of dumping, filling, or depositing, either directly or
indirectly, of any soil, stones, sand, gravel, mud, rubbish, or fill of
any kind; APPLYING PESTICIDES; the erection of any structures or roads,
the driving of any pilings or placing of any other obstructions, whether
A. 3360 4
or not changing the ebb and flow of the tide, and any other activity
within or immediately adjacent to inventoried wetlands which may
substantially impair or alter the natural condition of the tidal wetland
area.
4. Activities, orders, and regulations of the department of health or
of units of local government with respect to matters of public health
shall be excluded from regulation hereunder, except as hereinafter
provided, AND EXCEPT THAT PESTICIDE APPLICATIONS FOR PUBLIC HEALTH
PURPOSES TO TIDAL WETLANDS SHALL BE EXCLUDED PURSUANT TO THIS TITLE AND
SUBJECT TO REGULATION. Copies of all such public health orders and
regulations affecting tidal wetlands shall be filed with the department
[of environmental conservation]. The commissioner may require modifica-
tion of such orders or regulations if he deems it necessary to implement
the policy of this [act] ARTICLE.
S 7. Section 25-0402 of the environmental conservation law is amended
by adding a new subdivision 1-a to read as follows:
1-A. AN APPLICATION FOR A PERMIT TO APPLY A PESTICIDE IN OR WITHIN ONE
HUNDRED FEET OF TIDAL WETLANDS SHALL PROVIDE THE FOLLOWING INFORMATION:
(A) THE PURPOSE AND JUSTIFICATION OF THE PESTICIDE APPLICATION;
(B) A DESCRIPTION OF THE TARGET ORGANISM;
(C) THE PROPOSED DATE AND METHOD OF PESTICIDE APPLICATION;
(D) A DISCUSSION OF THE INTEGRATED PEST MANAGEMENT PROGRAM, INCLUDING
NON-CHEMICAL ALTERNATIVES TO USING PESTICIDES, TO BE UTILIZED FOR
CONTROLLING THE TARGET ORGANISM; AND
(E) A DISCUSSION OF THE LEAST-TOXIC PESTICIDES AVAILABLE TO CONTROL
THE TARGET ORGANISM, WHICH MIGHT BE USED AS A LAST RESORT.
S 8. Subdivision 1 of section 25-0403 of the environmental conserva-
tion law, as amended by chapter 233 of the laws of 1979, is amended to
read as follows:
1. In granting, denying or limiting any permit under this [act] ARTI-
CLE, the commissioner shall:
(A) consider the compatibility of the proposed activity with reference
to the public health and welfare, marine fisheries, shellfisheries,
wildlife, flood and hurricane and storm dangers, and the land-use regu-
lations promulgated pursuant to section 25-0302 of this [act] ARTICLE;
(B) CONFIRM THAT AN INTEGRATED PEST MANAGEMENT PROGRAM, INCLUDING
BIOLOGICAL AND CULTURAL METHODS TO CONTROL THE TARGET ORGANISM HAVE BEEN
UTILIZED, AND ONLY AS A LAST RESORT, IS A PESTICIDE APPLICATION PROPOSED
WHICH UTILIZES THE LEAST TOXIC PESTICIDE REGISTERED FOR CONTROL OF THE
TARGET ORGANISM;
(C) CONFIRM THAT NOTICE HAS BEEN GIVEN TO PERSONS LIKELY TO BE
ADVERSELY AFFECTED BY SUCH USE OF PESTICIDES, REQUIRING CONSENT OF
PERSONS WHO HAVE A SUBSTANTIAL INTEREST IN SUCH USE, PRIOR TO THE ISSU-
ANCE OF ANY PERMIT FOR SUCH USE, EXCEPT THAT CONSENT SHALL NOT BE
REQUIRED IN THE CASE OF A PUBLIC EMERGENCY DECLARED BY THE COMMISSIONER
OF HEALTH OR A LOCAL HEALTH AGENCY AND APPROVED BY THE COMMISSIONER OF
HEALTH; AND
(D) PROVIDE FOR PUBLISHED NOTICE OF ANY PESTICIDE APPLICATION AUTHOR-
IZED BY A PERMIT ISSUED BY THE DEPARTMENT, IN A NEWSPAPER GENERALLY
CIRCULATED IN THE AREA WHERE THE APPLICATION IS TO OCCUR, AT LEAST ONE
WEEK PRIOR TO AND AT LEAST THREE DAYS PRIOR TO SUCH APPLICATION. FOR
PESTICIDE APPLICATIONS CONDUCTED IN RESPONSE TO A PUBLIC HEALTH EMERGEN-
CY DECLARED BY THE DEPARTMENT OF HEALTH OR A LOCAL HEALTH AGENCY AND
APPROVED BY THE DEPARTMENT OF HEALTH, NEWSPAPER PUBLICATION OF THE
PESTICIDE APPLICATION SHALL BE REQUIRED AT LEAST THREE DAYS PRIOR TO THE
A. 3360 5
APPLICATION. THE NEWSPAPER PUBLICATION SHALL CONTAIN AT LEAST THE
FOLLOWING INFORMATION:
(I) THE PURPOSE OF THE PESTICIDE APPLICATION;
(II) THE PRODUCT NAME OF THE PESTICIDE AND THE ACTIVE INGREDIENT IN
THE PRODUCT BEING APPLIED;
(III) THE PROPOSED DATES OF THE PESTICIDE APPLICATION;
(IV) THE SPECIFIC LOCATION OF THE PESTICIDE APPLICATION;
(V) A CONTACT PERSON AND TELEPHONE NUMBER FOR FURTHER INFORMATION,
INCLUDING A COPY OF THE PESTICIDE OR CHEMICAL LABEL; AND
(VI) PROVIDE FOR POSTING OF PUBLIC NOTICES FOR PESTICIDE APPLICATIONS
AUTHORIZED BY A PERMIT ISSUED BY THE DEPARTMENT, AT REGULAR INTERVALS
AROUND OR ALONG THE PERIMETER AND AT PUBLIC ACCESS POINTS OF THE TREATED
TIDAL WETLAND.
S 9. Subdivision 6 of section 33-0101 of the environmental conserva-
tion law is REPEALED and a new subdivision 6 is added to read as
follows:
6. "AIRCRAFT" SHALL MEAN A WEIGHT-CARRYING STRUCTURE FOR NAVIGATION OF
THE AIR THAT IS SUPPORTED EITHER BY ITS OWN BUOYANCY OR BY THE DYNAMIC
ACTION OF THE AIR AGAINST ITS SURFACES AND INCLUDES EITHER FIXED-WING OR
ROTARY-WING AIRCRAFT.
S 10. Paragraph d of subdivision 46 of section 33-0101 of the environ-
mental conservation law, as added by chapter 559 of the laws of 1987, is
amended to read as follows:
d. the application of pesticides by or on behalf of agencies except
that agencies shall be subject to visual notification requirements
pursuant to section 33-1003 OF THIS ARTICLE where such application is
within one hundred feet of a dwelling, multiple dwelling, public build-
ing or public park; AND EXCEPT THAT PUBLIC UTILITY COMPANIES SHALL
COMPLY WITH THE REQUIREMENTS OF SECTION ONE HUNDRED NINETEEN-D OF THE
PUBLIC SERVICE LAW; and
S 11. The environmental conservation law is amended by adding a new
section 33-0908 to read as follows:
S 33-0908. APPLICATIONS OF PESTICIDES BY AIRCRAFT.
1. A CERTIFIED APPLICATOR SHALL OBTAIN A PERMIT ISSUED BY THE COMMIS-
SIONER IN ORDER TO APPLY, OFFER TO APPLY, OR CAUSE TO BE APPLIED ANY
PESTICIDE BY AIRCRAFT. A SEPARATE PERMIT SHALL BE REQUIRED FOR EACH
AERIAL PESTICIDE APPLICATION. AN APPLICANT FOR AN AERIAL PESTICIDE
APPLICATION PERMIT SHALL INCLUDE THE FOLLOWING INFORMATION TO THE
COMMISSIONER:
A. CERTIFICATION THAT THE AIRCRAFT CURRENTLY MEETS ALL APPLICABLE
FEDERAL AND STATE REGULATIONS;
B. THE AIRCRAFT IDENTIFICATION NUMBER;
C. THE TYPE OF AIRCRAFT (FIXED WING OR ROTARY WING);
D. THE BOUNDARIES AND EXACT LOCATION OF THE TARGET AREA;
E. THE OWNERSHIP OF THE TARGET AREA;
F. THE IDENTITY OF NON-TARGET AREAS AND SAFETY HAZARDS LOCATED ON OR
ADJACENT TO THE TARGET AREA;
G. THE CROP OR TYPE OF TARGET AREA TO BE TREATED;
H. THE TARGET ORGANISM OR ORGANISMS TO BE CONTROLLED;
I. THE PESTICIDE TO BE USED;
J. THE PROPOSED DATE AND TIME OF THE APPLICATION;
K. THE CERTIFICATION IDENTIFICATION NUMBER, NAME AND ADDRESS OF THE
CERTIFIED APPLICATOR APPLYING THE PESTICIDE;
L. CERTIFICATION THAT THE CERTIFIED APPLICATOR HAS PARTICIPATED IN A
TRAINING PROGRAM APPROVED BY THE DEPARTMENT, WHICH SHALL INCLUDE THE
MIXING AND LOADING OF THE PESTICIDE INTO THE AIRCRAFT, CALIBRATION AND
A. 3360 6
OPERATION OF THE APPLICATION EQUIPMENT USED BY THE APPLICATOR, AND
CLEANING THE APPLICATION EQUIPMENT; AND
M. PROOF, IN A FORM DETERMINED BY THE DEPARTMENT, THAT THE AERIAL
APPLICATION EQUIPMENT HAS BEEN PROPERLY CALIBRATED ACCORDING TO THE
MANUFACTURER'S INSTRUCTIONS FOR THE TYPE OF APPLICATION PROPOSED,
INCLUDING THE DATE OF CALIBRATION.
2. THE FOLLOWING CONDITIONS SHALL APPLY TO ALL PESTICIDE APPLICATIONS
BY AIRCRAFT:
A. ALL AERIAL SPRAY OR SPREADING EQUIPMENT SHALL BE:
(I) FREE OF LEAKS AND SHALL HAVE A POSITIVE SHUTOFF SYSTEM TO PREVENT
LEAKING AND DISSEMINATION OF PESTICIDES ON ANY NON-TARGET AREAS OVER
WHICH THE FLIGHT IS MADE;
(II) REGULARLY CALIBRATED, ACCORDING TO THE MANUFACTURER'S
INSTRUCTIONS; RECORDS SHALL BE KEPT OF EVERY CALIBRATION, INCLUDING THE
DATE AND TYPE OF CALIBRATION ACTIVITY CONDUCTED;
(III) THOROUGHLY RINSED AFTER EACH AGRICULTURAL AIRCRAFT OPERATION,
EXCEPT IF THE NEXT APPLICATION WILL BE MADE USING THE SAME PESTICIDE, OR
IF ANOTHER PESTICIDE IS TO BE USED, IT IS COMPATIBLE WITH THAT PREVIOUS-
LY USED IN THE EQUIPMENT AND WILL NOT RESULT IN ILLEGAL RESIDUES OR
SIGNIFICANT RISK OR INJURY OR DAMAGE WHEN APPLIED TO THE NEW TARGET
SITE; AND
(IV) DESIGNED TO ALLOW COMPLETE DRAINAGE DURING FLIGHT AND ON THE
GROUND;
B. ALL PESTICIDES APPLIED AERIALLY:
(I) AS LIQUIDS, IN LIQUID CARRIERS, OR AS DUSTS SHALL BE RELEASED
WITHIN FIFTEEN FEET ABOVE THE TARGET, EXCEPT FOR APPLICATIONS TO FOREST
OR TREES WHICH SHALL BE WITHIN FIFTY FEET ABOVE THE TARGET AND EXCEPT
WHERE OBSTRUCTIONS IN OR ADJACENT TO THE TARGET WOULD ENDANGER THE SAFE-
TY OF THE PILOT WHILE APPLYING PESTICIDES AT THAT ALTITUDE; AND
(II) AS DRY GRANULES OR PELLETS SHALL BE RELEASED WITHIN FORTY FEET
ABOVE THE TARGET, EXCEPT WHERE OBSTRUCTIONS IN OR ADJACENT TO THE TARGET
WOULD ENDANGER THE SAFETY OF THE PILOT WHILE APPLYING PESTICIDES AT THAT
ALTITUDE.
3. THE FOLLOWING CONDITIONS SHALL APPLY TO CERTAIN PESTICIDE APPLICA-
TIONS BY AIRCRAFT:
A. AERIAL PESTICIDE APPLICATIONS FOR NON-AGRICULTURAL PURPOSES USING:
(I) ROTARY WING AIRCRAFT SHALL NOT BE PERFORMED ON A TARGET SITE LESS
THAN THREE CONTIGUOUS ACRES IN SIZE; AND
(II) FIXED WING AIRCRAFT SHALL NOT BE PERFORMED ON A TARGET SITE LESS
THAN TEN CONTIGUOUS ACRES IN SIZE.
B. AERIAL PESTICIDE APPLICATIONS FOR AGRICULTURAL PURPOSES MAY BE
PERFORMED ON ANY SIZE FIELD, PROVIDING THAT THE FIELD BEING SPRAYED IS
PART OF A LARGER PROPERTY OF FIVE OR MORE ACRES WHOLLY OWNED OR
CONTROLLED BY THE PERSON CONTRACTING FOR THE PESTICIDE APPLICATION.
C. APPLICATION OF PESTICIDES BY AIRCRAFT IS PROHIBITED:
(I) ON ANY RIGHT-OF-WAY; OR
(II) WITHIN THREE HUNDRED FEET HORIZONTALLY OF THE PREMISES OF A
SCHOOL, HOSPITAL, NURSING HOME, DAY CARE CENTER, HOUSE OF RELIGIOUS
WORSHIP OR ANY BUILDING WHICH IS USED FOR RESIDENTIAL, BUSINESS OR
SOCIAL ACTIVITY, IF EITHER THE PREMISES OR THE BUILDING IS OCCUPIED BY
PEOPLE; EXCEPT THAT:
A. PESTICIDES MAY BE DEPOSITED AERIALLY WITHIN ONE HUNDRED FEET OF A
BUILDING USED FOR AN AGRICULTURAL BUSINESS, PROVIDED THAT ONLY A GENERAL
USE PESTICIDE IS APPLIED AND WARNING IS GIVEN PRIOR TO APPLICATION, SO
THAT DOORS AND/OR WINDOWS ON THE BUILDING ARE CLOSED AND THE OCCUPANTS
THEREOF ARE ALLOWED TIME TO VACATE THE BUILDING; AND
A. 3360 7
B. THE DISTANCE MAY BE WAIVED FOR A SINGLE-FAMILY RESIDENCE THAT IS
OCCUPIED BY THE PERSON CONTRACTING TO HAVE THE APPLICATION PERFORMED AND
WHICH IS LOCATED ON A PROPERTY WHICH INCLUDES THE TARGET SITE AND WHOSE
OCCUPANT OF LEGAL AGE HAS ENTERED INTO A WRITTEN CONSENT AGREEMENT WITH
PESTICIDE APPLICATOR, REGISTERED BUSINESS OR PARTY CONTRACTING FOR THE
APPLICATION SERVICE, WHICH CONTAINS THE DATE OF THE AGREEMENT; THE TIME
PERIOD FOR WHICH THE CONSENT IS VALID; THE LOCATION OR DESIGNATION OF
THE PRIVATE RESIDENCE; AND THE SIGNATURE OF THE CONSENTING INHABITANT OF
THE PRIVATE RESIDENCE. CONSENT MAY BE WITHDRAWN AT ANY TIME BY ANY
CONSENTING INHABITANT, BY NOTIFYING THE PARTY WHICH REQUESTED THE
CONSENT IN WRITING; THIS NOTIFICATION IMMEDIATELY INVALIDATES THE
CONSENT AGREEMENT. COPIES OF WRITTEN CONSENT AGREEMENTS AND WITHDRAWALS
FROM THE CONSENT AGREEMENT SHALL BE MAINTAINED BY THE PESTICIDE APPLICA-
TOR AND/OR THE REGISTERED PESTICIDE BUSINESS AND SHALL BE AVAILABLE FOR
INSPECTION BY THE DEPARTMENT.
4. NOTIFICATION FOR COMMUNITY OF AREA-WIDE PESTICIDE APPLICATIONS BY
AIRCRAFT SHALL:
A. BE PROVIDED FOR ALL PERSONS RESIDING IN THE PROPOSED TREATMENT AREA
THROUGH ADVERTISEMENT IN AT LEAST TWO NEWSPAPERS HAVING THE GREATEST
CIRCULATION IN THE VICINITY OF THE PROPOSED TARGET SITE NO MORE THAN
THIRTY DAYS OR LESS THAN SEVEN DAYS PRIOR TO THE PROPOSED APPLICATION
DATE; EXCEPT THAT THE COMMISSIONER MAY GRANT A WAIVER FROM THE TIME
PERIOD REQUIRED IN THIS PARAGRAPH FOR A DOCUMENTED PUBLIC HEALTH EMER-
GENCY DECLARED BY THE COMMISSIONER OF HEALTH OR MUNICIPAL BOARDS OF
HEALTH, PURSUANT TO THE PUBLIC HEALTH LAW, IN WHICH CASE THE NEWSPAPER
PUBLICATION SHALL OCCUR AT LEAST TWO DAYS PRIOR TO THE AERIAL PESTICIDE
APPLICATION;
B. CONTAIN THE PROPOSED APPLICATION DATE; THE LOCATION OF THE APPLICA-
TION; THE NAME, ADDRESS AND BUSINESS REGISTRATION NUMBER OF THE PESTI-
CIDE BUSINESS PERFORMING THE APPLICATION; THE PESTICIDE PRODUCT NAME,
ACTIVE INGREDIENT AND ENVIRONMENTAL PROTECTION AGENCY REGISTRATION
NUMBER; THE APPLICATION EQUIPMENT TO BE USED; A CONTACT PERSON FROM WHOM
TO REQUEST SPECIFIC INFORMATION ABOUT THE APPLICATION; THE NAME AND
TELEPHONE NUMBER OF THE NEAREST POISON CONTROL CENTER; THE TELEPHONE
NUMBER OF THE STATE PESTICIDE POISONING REGISTRY. IN THE CASE OF APPLI-
CATIONS WHICH ARE NOT BEING PERFORMED IN RESPONSE TO DOCUMENTED PUBLIC
HEALTH EMERGENCIES, INDIVIDUALS IN THE TARGET AREA MUST BE OFFERED THE
OPPORTUNITY TO REQUEST EXEMPTION FROM THE PESTICIDE APPLICATION;
C. BE PROVIDED, UPON REQUEST, DIRECTLY TO ANY INDIVIDUAL WHO RESIDES
IN THE APPLICATION AREA; AND
D. BE RECORDED AND MAINTAINED, INCLUDING DATES OF PUBLICATION AND ANY
REQUEST FOR DIRECT NOTIFICATION BY INDIVIDUALS, FOR INSPECTION BY THE
DEPARTMENT.
S 12. Section 33-1301 of the environmental conservation law is amended
by adding a new subdivision 12 to read as follows:
12. FOR ANY PERSON TO APPLY PESTICIDES BY AIRCRAFT WITHOUT A PERMIT
ISSUED BY THE DEPARTMENT AND WITHOUT PROVIDING THE NOTIFICATION REQUIRED
FOR SUCH A PERMIT.
S 13. The public service law is amended by adding a new section 119-d
to read as follows:
S 119-D. PUBLIC UTILITY RIGHT-OF-WAY PESTICIDE APPLICATION. 1. DEFI-
NITIONS. AS USED IN THIS SECTION:
A. "CERTIFIED APPLICATOR" SHALL HAVE THE SAME MEANING AS IS ASCRIBED
TO SUCH TERM BY SUBDIVISION TEN OF SECTION 33-0101 OF THE ENVIRONMENTAL
CONSERVATION LAW.
A. 3360 8
B. "COMMERCIAL LAWN APPLICATION" SHALL HAVE THE SAME MEANING AS IS
ASCRIBED TO SUCH TERM BY SUBDIVISION FORTY-SIX OF SECTION 33-0101 OF THE
ENVIRONMENTAL CONSERVATION LAW.
C. "INTEGRATED PEST MANAGEMENT" SHALL MEAN A DECISION-MAKING PROCESS
FOR PEST CONTROL THAT UTILIZES REGULAR MONITORING TO DETERMINE IF AND
WHEN CONTROLS ARE NEEDED; EMPLOYS PHYSICAL, MECHANICAL, CULTURAL,
BIOLOGICAL AND EDUCATIONAL TACTICS TO CONTROL CONDITIONS THAT PROMOTE
PEST INFESTATIONS AND TO KEEP PEST POPULATIONS AT TOLERABLE DAMAGE OR
ANNOYANCE LEVELS; AND ONLY AS A LAST RESORT, UTILIZES LEAST-TOXIC PESTI-
CIDE CONTROLS. THE OVERALL GOAL OF SUCH MANAGEMENT IS TO ELIMINATE THE
UNNECESSARY USE OF PESTICIDES AND REDUCE THE USE OF ALL PESTICIDES.
D. "PEST" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH TERM BY
SUBDIVISION THIRTY-FOUR OF SECTION 33-0101 OF THE ENVIRONMENTAL CONSER-
VATION LAW.
E. "PESTICIDE" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH TERM
BY SUBDIVISION THIRTY-FIVE OF SECTION 33-0101 OF THE ENVIRONMENTAL
CONSERVATION LAW.
F. "PESTICIDE APPLICATION" SHALL HAVE THE SAME MEANING AS IS ASCRIBED
TO THE TERM "APPLICATION OF PESTICIDE" BY SUBDIVISION EIGHT OF SECTION
33-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
2. NOTIFICATION. COMMERCIAL LAWN APPLICATIONS OF PESTICIDES AND PESTI-
CIDE APPLICATIONS TO UTILITY POLES CONDUCTED BY OR ON BEHALF OF PUBLIC
UTILITY COMPANIES SHALL MEET THE FOLLOWING REQUIREMENTS:
A. REQUIREMENTS FOR PUBLIC UTILITY COMPANY RIGHT-OF-WAY PESTICIDE
APPLICATIONS.
(1) ALL PESTICIDE APPLICATIONS CONDUCTED BY OR ON BEHALF OF PUBLIC
UTILITY COMPANIES SHALL BE CONDUCTED USING INTEGRATED PEST MANAGEMENT
TECHNIQUES, AND ONLY AS A LAST RESORT, MAY PESTICIDES WHICH ARE THE
LEAST TOXIC BE USED TO CONTROL THE TARGET ORGANISMS.
(2) ALL PESTICIDE APPLICATIONS CONDUCTED BY OR ON BEHALF OF PUBLIC
UTILITY COMPANIES SHALL ONLY BE PERFORMED BY PERSONS WHO ARE CERTIFIED
APPLICATORS OR WORKING UNDER THE DIRECT SUPERVISION OF A CERTIFIED
APPLICATOR WHO IS ON THE RIGHT-OF-WAY SITE WITHIN THE LINE OF SIGHT AND
WITHIN ONE THOUSAND FEET OF THE PESTICIDE APPLICATION. IN URBAN
SETTINGS, THE CERTIFIED APPLICATOR SHALL BE WITHIN THE LINE OF SIGHT AND
WITHIN ONE HUNDRED FEET OF THE PESTICIDE APPLICATION.
B. POSTING OF NOTICE OF PUBLIC UTILITY COMPANY RIGHT-OF-WAY PESTICIDE
APPLICATIONS.
(1) NOTICES SHALL BE POSTED ALONG THE PERIMETER WHERE COMMERCIAL LAWN
APPLICATIONS OF PESTICIDES OCCUR. THE NOTICES SHALL BE PLACED SO AS TO
BE CLEARLY VISIBLE TO PERSONS IMMEDIATELY OUTSIDE THE PERIMETER OF SUCH
PROPERTY. AT LEAST ONE NOTICE SHALL BE PLACED ON EACH BOUNDARY OF THE
PROPERTY RECEIVING THE COMMERCIAL LAWN APPLICATION AND THE NOTICES SHALL
BE PLACED AT LEAST EVERY FIFTY FEET. IF INDIVIDUAL TREES OR UTILITY
POLES ARE TREATED, EACH TREE OR POLE SHALL BE POSTED WITH THE NOTICE.
ALL NOTICES SHALL BE AT LEAST TWELVE INCHES SQUARE. THE NOTICES SHALL BE
PUT IN PLACE AT THE TIME THE PESTICIDE IS BEING APPLIED.
(2) THE NOTICES SHALL PROVIDE THE FOLLOWING INFORMATION: THE NAME OF
THE PUBLIC UTILITY COMPANY PERFORMING OR ON WHOSE BEHALF THE PESTICIDES
ARE BEING APPLIED; THE PESTICIDE BUSINESS CONDUCTING THE PESTICIDE
APPLICATION (IF APPLICABLE); THE CERTIFIED APPLICATOR PERFORMING OR
SUPERVISING THE PESTICIDE APPLICATION; THE DATE OF THE PESTICIDE APPLI-
CATION; THE ENVIRONMENTAL PROTECTION AGENCY PESTICIDE PRODUCT REGISTRA-
TION NUMBER AND THE PRODUCT NAME OF THE PESTICIDE TO BE APPLIED; THE
SPECIFIC LOCATIONS WHERE THE PESTICIDE WILL BE APPLIED; THE TARGET
ORGANISMS; AND DIRECTIONS FOR THE OCCUPANT TO RECEIVE FURTHER INFORMA-
A. 3360 9
TION ABOUT THE PESTICIDE APPLICATION. THE NOTICE FORM SHALL BE COMPOSED
OF MATERIAL ABLE TO WITHSTAND ADVERSE WEATHER CONDITIONS AND POSTED IN
THE FOLLOWING MANNER:
(A) FOR PESTICIDE APPLICATIONS MADE TO INDIVIDUAL TREES OR POLES,
PLACED ON EACH TREE OR POLE AT LEAST THREE FEET ABOVE THE GROUND AND
CLEARLY VISIBLE FROM OUTSIDE OF THE BOUNDARY OF THE RIGHT-OF-WAY.
(B) FOR ALL OTHER COMMERCIAL LAWN APPLICATIONS, PLACED EVERY FIFTY
FEET ALONG THE BOUNDARIES OF THE RIGHT-OF-WAY AND AROUND THE PERIMETER
OF THE PESTICIDE APPLICATION AREA, AT LEAST THREE FEET ABOVE THE GROUND
AND CLEARLY VISIBLE FROM OUTSIDE OF THE RIGHT-OF-WAY.
(C) AT THE TIME OF THE PESTICIDE APPLICATION AND REMAIN IN PLACE FOR
AT LEAST THREE DAYS FOLLOWING THE PESTICIDE APPLICATION.
C. SPECIAL NOTIFICATION REQUIREMENTS. WHERE THE COMMERCIAL LAWN APPLI-
CATIONS ARE MADE ON OR ADJACENT TO THE PREMISES OF SCHOOLS, CHILD CARE
FACILITIES, HEALTH CARE FACILITIES, SENIOR CITIZEN FACILITIES OR AGRI-
CULTURAL LANDS, THE PUBLIC UTILITY COMPANY SHALL DELIVER TO THE OWNER OR
THE OWNER'S AGENT A COMPLETE LEGIBLE COPY OF THE LABEL AND LABELING FOR
THE PESTICIDE TO BE APPLIED, NOT LESS THAN FIVE DAYS PRIOR TO THE PESTI-
CIDE APPLICATION. THE OWNER OR OWNER'S AGENT SHALL BE RESPONSIBLE FOR
INFORMING THE OCCUPANTS OF THE STRUCTURES OF SUCH PESTICIDE APPLICATIONS
AT LEAST FORTY-EIGHT HOURS PRIOR TO SUCH APPLICATIONS.
D. NEWSPAPER PUBLICATION OF PUBLIC UTILITY COMPANY RIGHT-OF-WAY PESTI-
CIDE APPLICATIONS. NOTICE OF COMMERCIAL LAWN APPLICATIONS BY OR ON
BEHALF OF PUBLIC UTILITY COMPANIES SHALL BE PROVIDED THROUGH PROMINENT
PUBLICATION IN A NEWSPAPER IN GENERAL CIRCULATION IN THE TREATMENT AREA
AT LEAST TWICE PRIOR TO THE PESTICIDE APPLICATION, ONCE AT LEAST ONE
WEEK PRIOR TO THE APPLICATION AND A SECOND NOTICE AT LEAST SEVENTY-TWO
HOURS PRIOR TO THE APPLICATION.
E. PESTICIDE APPLICATION LIMITATIONS. NO COMMERCIAL LAWN APPLICATION
OF PESTICIDES, BY OR ON BEHALF OF A PUBLIC UTILITY COMPANY, SHALL BE
CONDUCTED BY MEANS OF AN AIRCRAFT.
S 14. This act shall take effect on the sixtieth day after it shall
have become a law.