ENB - STATEWIDE NOTICES

        
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Public Hearing

Proposed Amendments to 6 NYCRR Part 325
Relating to Commercial Lawn Pesticide Application

Notice is hereby given that the New York State Department of Environmental Conservation (Department), pursuant to the Environmental Conservation Law, will hold three legislative public hearings on the Departmentís proposal to amend Part 325 of Title 6 of the Official Compilation of Codes, Rules and Regulations (6 NYCRR) of the State of New York.

The rulemaking will address certain contractual and notification requirements relating to commercial lawn care application of pesticides (see summary below).

Summary of Proposed Rulemaking and Statutory Authority: This rulemaking provides regulations to implement Title 10 (Special Requirements for Commercial and Residential Lawn Applications) of Article 33 of the Environmental Conservation Law. The rulemaking will address issues relating to the commercial lawn application of pesticides. The commercial lawn application requirements were established by Chapter 559 of the Laws of 1987, effective on April 25, 1988, which added Article 33, Title 10, to the Environmental Conservation Law.

The regulations also address the general notification requirements (as they apply to lawn care) found in ß33-0905.5 for pesticide applications on premises that have dwellings, multiple dwellings, buildings, or structures. The consolidation of the general notification and commercial lawn requirements will provide a single comprehensive source of information for achieving compliance.

Section 33-0905.5 requires every certified applicator, prior to the application of a pesticide within or on the premises of dwellings, multiple dwellings and structures other than dwellings, to supply the occupants or owners or owners' agents (as applicable) thereof with a written copy of the information, including any warnings, contained on the label of the pesticide to be applied. This statute was signed into law in 1983.

Title 10, Section 33-1001 overlaps some of the authority provided by 33-0905.5. This regulation implements these areas of overlap as they pertain to lawn care issues. Specifically, Title 10 requires applicators to provide as part of the contract any warnings that appear on the label of pesticides to be applied that are pertinent to the protection of humans, animals or the environment.

Three legislative public hearings will be held as follows:

April 30, 2002 10 a.m. - noon Auditorium at the Cooperative Extension of Monroe County, 249 Highland Avenue Rochester, New York 14620
May 2, 2002 10 a.m. - noon Room 129 A/B at NYSDEC, 625 Broadway, Albany, New York 12233
May 7, 2002 10 a.m. - noon Ballroom at the Best Western Riverhead, 1830 Route 25, Riverhead, New York 11901

These hearing locations are accessible to handicapped persons. Interpreter services shall be made available to deaf persons at no charge, upon written request within a reasonable time period prior to the scheduled hearing.

All persons, organizations, corporations, government agencies, etc., which may be affected by the proposed amendments are invited to attend the hearings and to submit either written or oral statements. The hearing session will continue until all persons wishing to make statements have been heard. Written statements received prior to or during each hearing session and oral statements made at each hearing session will be given equal weight. It is recommended that all statements be submitted in writing.

Written statements may be filed until the close of the public comment period on May 15, 2002 with Mary A. Roy, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, NY 12233-7254, and can be faxed to Ms. Roy at 518-402-9024. It is requested that persons planning to attend a hearing pre-register with the Department by April 25, 2002 by telephone or fax at the preceding numbers. (Pre-registration is not required.)

The proposed amendments can be found on the Departmentís web site at www.dec.state.ny.us/website/dshm under the Division of Solid & Hazardous Materials. To obtain additional information, please contact Mary Roy at (518) 402-8781.

Public Hearing - Cancellation

NOTICE IS HEARBY GIVEN that the public hearing scheduled for March 6, 2002 at 10:00 a.m. at 625 Broadway, Albany, New York, in the Board Room to be conducted by the New York State Environmental Facilities Corporation to consider the issuance of special obligation bonds for Waste Management of New Jersey, Inc., has been canceled. This hearing will not be rescheduled.


NOTICE IS HEARBY GIVEN that the public hearing scheduled for March 14, 2002 at 10:00 a.m. at 625 Broadway, Albany, New York, in the Board Room to be conducted by the New York State Environmental Facilities Corporation to consider the issuance of special obligation bonds for Waste Management of New Jersey, Inc., has been canceled. This hearing will not be rescheduled.

Public Notice

Pursuant to the Environmental Conservation Law, Sections 11-0303, 11-0305, 11-0325, 11-1303, 11-1315, 11-1316, 11-1317, 119 and 11-2101, the Department of Environmental Conservation hereby gives notice of the following:

Proposed amendments to regulations 6NYCRR Parts 10, 11, 19, 35, 60 and 93 relating to biennial changes to sport fishing regulations.

For Further information, contact: Robert E. Brandt, Bureau of Fisheries, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany NY 12233-4753, phone: [518] 402-8898,

Final Date for Comment: April 29, 2002

Governor's Awards for Pollution Prevention

Notice for the Ninth Annual NYS Governor's Award for Pollution Prevention

Applications are now available for the New York State Ninth Annual Governor's Award for Pollution Prevention. The awards program was established to recognize pollution prevention efforts by NYS organizations. Applicants can compete in one of the three following categories: 1) facilities generating waste and pollution: small (100 or fewer employees), mid-size (more than 100 and fewer than 500 employees), or large (more than 500 employees) industrial, commercial or institutional facilities; federal, state and local governments; and educational institutions, 2) technical assistance providers: environmental, community and civic organizations; trade associations or other business/industry groups; federal, state and local governments, and educational institutions; and other public or private entities, and 3) continuous improvement: this category is for organizations that demonstrate a longer term commitment to pollution prevention and continue to develop and implement pollution prevention programs and achieve results. Nominations for awards will be made to Governor Pataki by the Department of Environmental Conservation based on recommendations from a selection committee.

Criteria to be considered for the applicants include: waste volume/toxicity reduction, overall environmental benefits, overall economic benefits, improvement in worker safety, innovations in technology, process or education program, level of management commitment, and transferability.

IMPORTANT NOTICE: Presentation of the awards will be during the Fourteenth Annual Pollution Prevention Conference to be held in May 29-31, 2002 at the Crowne Plaza Hotel in Albany. The winners will be notified a week prior to the presentation of the awards. The deadline indicated in the brochure to apply for the awards is April 30, 2002. The application package is available through the DECís website: www.dec.state.ny.us/website/ppu/p2gov.html

Anyone interested in obtaining more information regarding the application and criteria for the awards should contact Mr. Carlos Montes at the Department of Environmental Conservation, Pollution Prevention Unit, 625 Broadway, Albany, NY 12233-8010, telephone (518) 402-9476, Fax (518) 402-9470, email clmontes@gw.dec.state.ny.us