Regulatory Framework

Under the SDWA, EPA sets standards for drinking water quality and oversees the states, localities, and water suppliers who implement those standards. SDWA authorizes EPA to set national health-based standards for drinking water, known as the National Drinking Water Regulations, to protect against both naturally occurring and manufactured contaminants. These regulations specify maximum contaminant levels (MCLs) for contaminants, which include nitrates, nitrites, and some pesticide constituents. EPA, individual states, and water systems are compelled to work together to ensure that these standards are met.

For more information, see:

• Drinking water contaminants standards and regulations: https://www.epa.gov/dwstandardsregulations
• NYSDOH drinking water protection program: http://www.health.ny.gov/environmental/water/drinking/

Individual or general permits for stormwater discharges may be required for activities associated with stormwater discharges, including construction activities. Construction activities disturbing one or more acres of soil must be authorized under the General Permit for Stormwater Discharges from Construction Activities. Permittees are required to develop a  Stormwater Pollution Prevention Plan (SWPPP) to prevent discharges of construction-related pollutants to surface waters.The New York State Stormwater Management Design Manual was reissued in 2010 for more information.

The concentration of activities in and around maintenance facilities may increase the levels of chemical residues susceptible to runoff from heavy precipitation. Stormwater collection areas may need to be established to capture runoff in accordance with NYSDEC specifications.

For more information see:

• NYSDEC’s “Stormwater” page: www.dec.ny.gov/chemical/8468.html
• NY Stormwater Design Manual: http://www.dec.ny.gov/chemical/29072.html

For surface waters in New York not meeting the established State water quality standards, NYSDEC establishes  total maximum daily loads (TMDLs) for the pollutant of concern causing the impairment (such as nitrogen, phosphorus, or sediments). NYSDEC has completed TMDLs for many water bodies in New York State, including Long Island Sound, Lake Champlain, waters of the Croton River watershed, and a number of lake watersheds. EPA may also require localities to develop Comprehensive Nutrient Management Plans (CNMPs) for activities in those impaired watersheds. Currently, CNMPs are focused on agricultural land use specifically related to the New York City Watershed Memorandum of Agreement (MOA). Note that state, federal, and local water quality regulations can change—remain informed on local, regional, and national policies and regulations.

For more information, see:

• NYSDEC  Division of Water Regulations: http://www.dec.ny.gov/regs/2485.html
• NYSDEC  TMDLs: http://www.dec.ny.gov/chemical/23835.html
• EPA’s Assessment and Total Maximum Daily Load Tracking and Implementation System: https://www.epa.gov/waterdata/assessment-and-total-maximum-daily-load-tracking-and-implementation-system-attains 

This law prohibits the use of phosphorus-containing fertilizers with a phosphate (P₂O₅) content greater than 0.67%, unless:

• soil tests show a phosphorus deficiency
• the fertilizer is being used to establish new seeded or sodded turf
• the fertilizer being used is an organic compost
• the fertilizer is derived from litter

The law prohibits application of fertilizer onto impervious surfaces. Fertilizer should not be applied within 20 feet of any surface water, modified to 10 feet if the buffer has vegetative cover. An exception to the buffer requirement exists if the spreader guard, deflector shield or drop spreader is at least three feet from surface water. Finally, the law prohibits the application of fertilizers on lawns and non-agricultural turf between December 1 and April 1.

In addition to state regulations, turf managers should review their county and town ordinances to determine if stricter restrictions apply to phosphorus fertilizer use and application. For example, a few counties have extended the phosphorus-containing fertilizer restriction from November 1 or November 15 to April 1. Currently, local laws enacted to reduce phosphorus include ones adopted in Westchester, Nassau, Suffolk and Chautauqua counties and the Village of Greenwood Lake.

In addition to restrictions on the use of phosphorus-containing fertilizers, CNMPs for those NY counties required to submit plans for impaired waters may restrict the use of nitrogenous fertilizers. Turf managers should consult with the local County Cooperative Extension Office, SWCD Office, or County Water Authority to learn if any restrictions apply.

For more information, see:

• NYSDEC  Dishwasher Detergent and Nutrient Runoff Law web page:  http://www.dec.ny.gov/chemical/67239.html
• Minnesota legislation:  https://www.revisor.mn.gov/statutes/?id=18C
• Westchester County local regulation:  http://consumer.westchestergov.com/images/stories/pdfs/2008LawnFertilizerLaw.pdf
• Nassau County local regulation:  https://www.nassaucountyny.gov/DocumentCenter/View/3178
• Suffolk County local regulation:  http://legis.suffolkcountyny.gov/resos2007/i2117-07.htm
• Chautauqua County local regulation:  http://www.planningchautauqua.com/?q=watershed/Phosphorus_Law.htm

Business Registration

All businesses must register with the NYSDEC to commercially apply pesticides.

Certified Applicators and Technicians

The law requires commercial applicators and technicians applying pesticides to golf course turf to be certified in categories 3A (ornamentals, shade trees, and turf) or 3B (turf only). Commercial applicators must meet requirements in continuing education credits. Special supervisory restrictions apply to technicians and apprentices.

Labels

When chemical controls are to be used, only pesticides registered for use in New York State are permitted. In addition to a listing by NYSDEC of registered pesticides, Cornell’s pesticide Product Ingredient Manufacturer System (PIMS) lists all registered pesticides searchable by EPA registration number, common name, or active ingredient.

Pesticide Reporting Law

Applicators are required to file an annual report by February 1 each year summarizing their pesticide applications from the previous calendar year. These applicator reports are compiled each year in a summary report on sales and use around the state. NYSDEC is also monitoring water quality reports to assess pesticide levels in high-risk watersheds, aquifers, and wells across the state.

Neighbor Notification

The ECL was amended to include the Neighbor Notification Law requiring a 48-hour notice to adjoining property owners prior to pesticide application. However, the requirement is only effective for counties that adopt the requirements into local ordinances; golf courses and sod farms are specifically exempted. Registered businesses should check with county officials or regional NYSDEC offices to see if specific local requirements apply.

Pesticide Transport

Off-property transport of pesticides must comply with New York State Department of Transportation (NYSDOT) regulations. Regulations require that the driver be trained for hazardous material transport. Drivers are required to carry the pesticide label and SDS sheet, have sufficient knowledge to handle any spills, and communicate with emergency responders in case of spills. Pesticides transported off the property or stored in a sprayer tank must be labeled with basic pesticide information as required under the Environmental Conservation Law.

Additional Information

For more information on pesticide regulations and guidelines, see:

• NY Pesticide Business Registration: www.dec.ny.gov/permits/209.html
• Pesticides Registered in NY: www.dec.ny.gov/chemical/27354.html
• NY State Pesticide PIMS: pims.psur.cornell.edu/
• NY Pesticide Reporting Law: www.dec.ny.gov/chemical/27506.html
• NYSDEC Pesticide Storage Guidelines: http://www.dec.ny.gov/regulations/8871.html
• NYSDEC Policies on Backflow Prevention Devices: www.dec.ny.gov/regulations/23471.html
• NYSDEC Waste Transporter Permit Program: www.dec.ny.gov/chemical/8483.html
• Regulated Hazardous Wastes in NY: http://www.dec.ny.gov/chemical/8486.html
• New York State Solid Waste Management  http://www.dec.ny.gov/chemical/8498.html
• SPDES General Pesticide Permits:  http://www.dec.ny.gov/chemical/70489.html
• Clean Sweep NY:  www.cleansweepny.org 

New Facilities

Local building inspectors should be consulted during planning for new facilities to outline the permitting process and local requirements. Also, consider meeting with a representative from a NYSDEC regional office and the local fire marshal. The NYSDEC requests a State Environmental Quality Review (SEQR) for new construction, which is administered by local governments. NYSDEC comments on SEQR as well as other interested and involved agencies.

Storage

The NYSDEC currently offers guidelines for chemical storage. While these are only guidelines, regulations are being drafted. Guidelines are as follows:

• Storage facilities should be structurally separate from “residential, office and general work areas; livestock quarters, food, feed or seed storage and water supply sources”. Storage should be in separate buildings and situated to be at least 50 ft away from residential or farm property. Fencing is currently not stipulated but could be considered as an added precaution.
• Storage areas should have a raised berm on all sides and an impervious surface for containment.
• Facilities should be equipped with “spill containment material” and fire extinguishers. Suggested spill containment material includes absorbent spill containment pads, sweeping compound, brushes or brooms, a dust pan, shovel and a disposal container or bag.
• Protective equipment should be available near but not within the storage area.
• The storage facility should be locked and properly posted with warnings.
• Annual updates should be provided to the local fire department and include a “Fire and Spill Response Plan”. Additional precautions might include provisions of the National Fire Protection Association (NFPA) codes.
• Chemicals should be segregated by function (e.g. fungicide, insecticide, and herbicide) and hazard level. All flammable and “incompatible” materials should be stored separately.
• Mixing areas should be similarly bermed with impervious surfaces.
• Indoor mixing areas should be properly vented.
• Bulk containers, construed to be equal to or greater than 55 gallons, should be locked and drains should be used to collect any spills into a containment area. The spill containment system should have a capacity equal to or greater than 25% of the volume of pesticides stored.
• A water supply and wash station are required at or adjacent to the facility for emergencies.
• A suitable first aid kit for pesticide poisoning should be nearby.
• Forced air vent systems capable of exchanging the air volume 3 to 4 times per hour should be considered along with temperature control for keeping temperatures under 95°F and above freezing.
• Local fire departments should be made aware of the pesticides and fertilizers stored to prepare in event of a fire at the storage facility.

Very old or inadequate storage areas may or may not be out of compliance, but consider planning for improvements to implement these NYSDEC guidelines over time.

Mixing and Loading

NYSDEC Policy DSHM-PES-05-03,  the Department’s pesticide storage guidance, provides guidance on mixing and loading of pesticides.  NYSDEC regulations require the use of Backflow Prevention Devices (BPD) when public water is used with pesticide application equipment.

Mix and load area incorporating a bermed design and pitched floor that drains to a receiving tank. Source: Bob Alonzi.

Typical back flow preventer. Source: Bob Alonzi.

Rinse Water Disposal

Currently no federal, state, or county regulations exist for the design and operation of wash stations. However, NYS guidelines recommend wash areas to be contained and bermed, with impervious surfaces.

Waste Management

Some of the wastes generated in maintenance facilities must be handled as hazardous wastes, as described below.

For more information, see:

• NYSDEC State Environmental Quality Review: http://www.dec.ny.gov/permits/357.html
• NYSDEC  Pesticide Storage Guidelines: http://www.dec.ny.gov/regulations/8871.html
• NYSDEC  Policies on Backflow Prevention Devices: www.DEC.ny.gov/regulations/23471.html

Fuel and Fuel Oil Storage

NYS has regulations for above and below ground storage of fuel and fuel oil in Part 613 of the ECL. Every facility manager should review this regulation carefully. The regulations require daily inspection logs be kept and annual inspections. Counties and towns may also have their own fuel storage regulations.

Waste Management

Golf courses may generate a number of different types of wastes. Examples of wastes that may be generated at a golf facility include, but are not limited to, the following:

• parts wash solvents
• waste gasoline
• cleaning materials
• paints
• waste oil
• lead-acid batteries
• aerosol cans
• spent fluorescent bulbs
• unusable pesticides and inner bag liners
• unusable herbicides and inner bag liners
• antifreeze

A waste is a hazardous waste if it exhibits a specific characteristic (ignitability, corrosivity, reactivity, toxicity) or if it is included in any of the four specifically listed categories of hazardous waste.  Many waste fluorescent lamps are hazardous wastes due to their mercury content. Other examples of lamps that, when spent, are commonly classified as hazardous waste include: high-intensity discharge (HID), neon, mercury vapor, high pressure sodium, and metal halide lamps.

USEPA issued the Universal Waste Rule in 1995 to streamline compliance with hazardous waste regulations. This rule is designed to reduce the amount of hazardous waste in the municipal solid waste stream, to encourage the recycling and proper disposal of some common hazardous wastes and to reduce the regulatory burden on generators. Universal wastes include such items as hazardous batteries, hazardous mercury-containing thermostats, certain pesticides, and hazardous lamps. Although handlers of universal wastes must meet less stringent standards for storing, transporting, and collecting wastes, the wastes must comply with full hazardous waste requirements for final recycling, treatment, or disposal. Therefore, every golf club is responsible (and liable) for the safe handling of the product and proper waste disposal by a reputable waste removal service. These services should be certified and bonded for transporting your waste to similarly accredited processing centers.

For more information, see:

• Summary of NYSDEC regulations on storing petroleum: http://www.dec.ny.gov/regs/4433.html
• Regulated Hazardous Wastes in NY: http://www.dec.ny.gov/chemical/8486.html