Office of General Counsel Program Policies
The Office of General Counsel (OGC) originates Program Policies in order to provide guidance to Department staff and the public on specific procedures and reporting requirements that are associated with law and regulation. Presently, the procedures found in OGC Program Policies help guide Department staff when Department staff and/or the public assists with regulated entities in complying with pesticide record keeping and reporting requirements (OGC 3 and 4), provide guidance to Department employees who have been subpoenaed to give testimony in a judicial proceeding (OGC 5), give guidance as to how and when Department staff may enter property for the purpose of carrying out their official duties (OGC 7), provide a consistent approach to address violations of the New York State's solid waste laws and regulations (OGC 8) and provide enforcement guidance to the public rights of navigation and fishing (OGC 9).
More about Office of General Counsel Program Policies:
- OGC 1: Claims Procedures For The Office Of General Counsel - This document establishes the Office of General Counsel's (OGC) policy for the processing of claims for personal injury or property damage resulting from the alleged negligence or wrongful act of a State employee. It also addresses contract claims.
- OGC 2: Procedure For Handling Small Claims - This memo sets forth the procedure for handling small claims.
- OGC 3: Pesticide Recordkeeping and Reporting Of Commercial Applicators - This document establishes a policy of enforcement discretion, effective immediately, with regard to the New York State pesticide recordkeeping and reporting requirements for commercial applicators.
- OGC 4: Pesticide Recordkeeping and Reporting For Commercial Permit Holders, Including Importers, Manufacturers and Compounders - This document establishes a policy of enforcement discretion, effective thirty (30) days after publication in the Environmental Notice Bulletin, with regard to the New York State pesticide recordkeeping and reporting requirements for commercial permit holders, including importers, manufacturers and compounders.
- OGC 5: Testimony by Department Employees in Judicial Proceedings - Policy that provides guidance to Department employees who have been subpoenaed to give testimony in a judicial proceeding.
- OGC 7: Staff Access to Property or Premises - This document establishes a policy as to how and when Department staff may enter private property for the purposes of carrying out their regulatory responsibilities.
- OGC 8: Solid Waste Enforcement Policy - This Policy provides a consistent approach to address violations of New York State's solid waste laws and regulations. The guidance contained in this Policy will promote consistent enforcement by Department of Environmental Conservation Staff against those who violate the State's solid waste statutes and regulations.
- OGC 9: Enforcement Guidance: Public Rights of Navigation and Fishing - OGC Policy 9: Enforcement Guidance: Public Rights of Navigation and Fishing
- OGC 10: Natural Resource Damages Claims Procedures - This document describes the legal bases for Natural Resource Damages (NRD) in New York State.