§ 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.