§ 17-1205 Exemptions.
AC § 17-1205
a. The restrictions established pursuant to section 17-1203 of this chapter shall not apply to the following: 1. pesticides otherwise lawfully used for the purpose of maintaining a safe drinking water supply at drinking water treatment plants, wastewater treatment plants, reservoirs, and related collection, distribution and treatment facilities; 2. anti-microbial pesticides; 3. pesticides applied to professional sports playing fields, golf courses or used to maintain water quality in swimming pools; 4. pesticides used for the purpose of maintaining heating, ventilation and air conditioning systems, cooling towers and other industrial cooling and heating systems; 5. pesticides used for the purpose of rodent control in containerized baits or placed directly into rodent burrows or placed in areas inaccessible to children or pets; 6. pesticides or classes of pesticides classified by the United States environmental protection agency as not requiring regulation under the federal insecticide, fungicide and rodenticide act, and therefore exempt from such regulation when intended for use, and used only in the manner specified; 7. biological pesticides; 8. boric acid and disodium tetrahydrate, silica gels, diatomaceous earth, and nonvolatile insect bait in tamper resistant containers; 9. synthetic substances listed as allowed on the United States department of agriculture national list of allowed and prohibited substances; 10. non-synthetic substances, unless listed as prohibited on the United States department of agriculture national list of allowed and prohibited substances; 11. pesticides used to control invasive plant species listed on the New York state invasive plant list in areas that the agency responsible for the property maintains for purposes other than public access; 12. pesticides used to control harmful plant species, as defined by the New York state department of environmental conservation, found growing on City property maintained for purposes of public access; 13. pesticides used when the agency responsible for the property determines alternative treatments to be a worker safety hazard related to vehicular traffic; and 14. pesticides used to comply with a state or federal mandate or permit requirement. (Am. L.L. 2021/056, 5/23/2021, eff. 5/23/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/056.
