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Part 327: Use Of Chemicals For The Control Or Elimination Of Aquatic Vegetation

(Statutory authority: Environmental Conservation Law § 15-0313)

[Revised April 10, 1973]

[page 1 of 1]



§327.1 Permit required

(a) No person, individual, public or private corporation, political subdivision, government agency, municipality, industry, co-partnership, 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).

(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 that the affected riparian users have agreed to temporary curtailment of their uses incidental to treatment or unless he applicant demonstrates tot he satisfaction of the Commissioner that any non-consenting riparian users will not be significantly adversely affected by the use of the chemicals subject to such limitations as are set froth 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 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.

§327.2 Permit-issuing officials

The commissioner of Environmental Conservation or his designated representatives, may issue permits in accordance with the policy and procedures set forth in this Part.

§327.3. Policy

(a) It is recognized that:

(1) Owners of lands through which water passes or which are bordered by waters have certain vested riparian rights to the use of these waters.

(2) The provisions of Article 12 of the Public Health Law safeguard uses of waters through the maintenance of water quality standards assigned by classification.

(3) Use of chemicals for controlling aquatic vegetation may result in need for temporary curtailment of certain water uses.

(b) In considering the use of such chemicals, it is the intent that:

(1) Permits shall be granted under such limitations as will protect to the greatest extent possible all terrestrial life, aquatic life other than aquatic vegetation intended to be controlled or eliminated, all public and domestic water supplies and irrigational, recreational, agricultural, and industrial water uses.

(2) The permit issuing official shall not make recommendations on the method, use, general handling, efficiency of the applicant, except as may be related to the public health and conservation programs and to avoid adverse effects on water uses.

(3) Regardless of conformity with other limitations, no permit shall be issued for chemical treatment of water supply waters, if the resultant chemical concentration at the water supply intake will exceed New York State Department of Health drinking water standards.

§327.4 Permits and permit issuance

(a) Permits The Commissioner of Environmental Conservation or his designated representative:

(1) may issue permits for the use of any chemical listed as an authorized chemical (see §327.6) and conforming with specifications relating to purpose, dosage, area to be treated, method of application and other limitations provided herein;

(2) may issue special permits for operations relating to the control of aquatic vegetation by State and Federal agencies, which permits are subject to conditions and limitations consistent with other provisions of this Part;

(3) may issue special permits for controlling aquatic vegetation involving chemicals, dosages, methods or areas other than those provided for herein, provided such issuance will not be at variance with these regulations and the regulations relating to restricted use pesticides.

(b) Applicant and applications.

(1) The applicant shall be a riparian owner, or a lessee of a riparian owner or an association of such persons.

(2) The applicant shall submit an application on a form provided by the Department. It shall be accompanied by a scale drawing or map including depth soundings adequate to determine: the size and depth of the treatment area; the concentration of the chemical within the area and conformity to the limitations set forth herein; the location and type of weed beds (submerged, emergent); the location of inlets and outlets in relation to the treatment area; the location of water users relative to the area and along the outlet; and any further information required by the permit-issuing official.

(3) Applications that involve public water supply waters or their tributaries will be referred to the State Department of Health for approval before a permit is issued.

(4) The applicant shall certify: that the listed chemical will be employed in conformance with all the conditions specified in the permit issued; that he obtained agreements to the treatment from water users as set forth in his application whose use may be restricted; that he agrees the issuance of the permit be based on the assumed accuracy of all statements presented by him; that he is legally responsible for the accuracy of all representations made in obtaining approvals or releases, and for any failure to obtain approval or releases from the persons likely to be adversely affected.

(5) The Commissioner, or his designated representative, shall reject the application and issue no permit when the application involves a State-stocked trout water and it is deemed that the proposed control or elimination of aquatic vegetation would adversely affect the trout habitat in such water.

(c) Permits-additional provisions.

(1) Each permit shall be issued in terms that indicate:

(i) that its issuance is based on the statements, agreements, and restrictions made or accepted by the applicant in his application;

(ii) the approximate date of treatment;

(iii) the permissible concentration of chemical and the maximum dosage to be applied in the treatment area and the methods of application to be used;

(iv) any restrictions imposed on the use of waters during and following the application and the duration of those restrictions;

(v) other requirements in the treatment procedure including demarcation of the treatment area by buoys or markers, or posting against use of the waters by the public;

(vi) the application of chemicals shall be deemed to be in violation of the provisions of the Conservation law and Article 13 of the Public Health Law, if the applicant fails to comply with the permit terms.

(2) Permits shall require and be issued upon the condition that prior actual notice of date or dates of treatment and water-use restrictions be given to all affected riparian users and known users.

(3) A copy of the required scale drawing or map submitted with the application shall be attached to and become part of the permit.

(4) No permit shall be construed as conveying to the applicant any right to trespass upon the lands of others to perform the permitted work, or authorizing the treatment of waters lying on or passing though the property of others without their consent before treatment. Nor shall any permit be construed as authorizing the impairment of any right, title or interest in real or personal property held by or vested in a person not a party to the permit.

(d) Suspensions or revocation of permits. A permit may be suspended or revolved by the permit-issuing official at any time upon notice to the applicant upon one or more of the following grounds:

(1) False or inaccurate statements in the application or accompanying papers.

(2) Change in any condition by reason of which treatment may impair the quality of the waters for the best usages assigned to them or endanger the public health, safety or welfare.

(3) Failure to abide by the terms of the permit or the application for the permit.

§327.5 Violations

Failure to abide by the terms of the permit or the application of chemicals without a permit shall be deemed to be in violation of the provisions of the Conservation Law and Article 12 of the Public Health Law.

§327.6 Authorized chemicals & specifications

(a) Copper sulfate for algae

(1) Active ingredient. CuSO45H2

(2) Purpose. Authorized for algae control

(3) Periods of treatment. Generally, May to September. Treatments later than Labor Day will require special authorization.

(4) Dosage. Not to exceed 0.3 ppm CuSO4 5H2 O in the upper six feet of depth in ponds or lakes with over two acres of surface area. Not to exceed 0.3 ppm CuSO4 5H2 ) in the total volume of ponds with two acres or less of surface area. The above is based on water of average alkalinity for the State (100 ppm or over). In softer waters, a reduced dosage may be required.

(5) Method of application.. No permit shall be issued for the direct broadcasting of crystals or "snow". Copper sulfate should be applied as a liquid using spray equipment or as a solid placed in a burlap bag dragged behind a boat.

(6) Repeat treatments. Shall not be authorized at any interval of less than two weeks.

(7) Water-use restrictions. Bathing and livestock watering shall be prohibited for at least 24 hours following a treatment.

(b) Diquat for submerged and emergent vegetation..

(1) Active ingredient. Diquat dibromide - 6,7-dihydrodipyrido (1,2-a:2), (1-c)-pyrazidinium dribromide.

(2) Purpose. Authorized for the control of emergent plants having leafy growth lying flat on the water surface and for the control of aquatic plants growing beneath the water surface.

(3) Periods of treatment. Generally spring and late summer. Treatment after September 1 may require special authorization.

(4) Dosage. Maximum application is two gallons (35.3% A.I.) per surface acre of water.

(5) Treatment area. Shall not extend beyond 200 feet from shore or beyond a maximum depth of six feet, whichever gives the greatest distance from shore.

(6) Repeat treatments. No permit shall be issued for a second treatment with the same season.

(7) Water-use restrictions. Treated waters shall not be used for irrigation, bathing, fishing, or by man or animals for drinking or food processing for a period of 14 days after treatment.

(c) Low-volatile esters, salts and amines of 2,4-D for emergent vegetation.

(1) Active ingredient. Calculated as 2,4-dichlorophenoxy acetic acid.

(2) Purpose. Authorized only for the control of emergent plants having a large part of their leafy growth projecting above or lying flat on the water surface.

(3) Periods of treatment. Restricted to late spring or early summer when the chemical is most effective.

(4) Dosage. Use of chemical solutions for dosage of up to eight pounds active ingredient per acre may be permitted in the treatment of dense stands. Use of pellets for subsurface application requires special authorization.

(5) Treatment area. Shall not extend beyond 200 feet from shore or beyond a maximum depth of six feet, whichever gives the greater distance from shore.

(6)Water use restrictions. Use of waters for irrigation shall be prohibited for a period sufficient to permit the decay of the phytoxicity. The treated waters and those waters affected by the treatment shall not be used for other purposes during the treatment and for at least 24 hours thereafter.

§327.7 Other Chemicals

In addition to the authorized chemicals and specifications, permits may be issued for other chemicals and specifications, without the necessity of adding them to the list, when it is evident that their use will conform with the intent and purpose of the law and these regulations. Only chemicals labeled for the intended use, registered in the State of New York and not in conflict with the regulations relating to restricted use pesticides may be authorized for use pursuant to this section.

§327.8 General

The listing of a chemical as an authorized chemical, or any authorization for its use, in or pursuant to these regulations does not imply that it is recommended by the Department of Environmental Conservation for controlling or eliminating aquatic vegetation.