WHEREAS, alternative products or treatment practices for the control of growth on the bottom of boats and other equipment that remain in aquatic environments are not available for all applications; and

WHEREAS, at its meeting on May 21, 2003, the Community Advisory Committee (CAC) reviewed the request for a Special Use Exemption for the purposes of applying antifouling paint on the boats and vessels listed on attachment A, as well as aquatic monitoring devices; and

WHEREAS, fouling of boat bottoms leads to decreased fuel economy and interferes with the functioning of aquatic monitoring equipment; and

WHEREAS, a presentation regarding the request was provided by Mac Waters, Suffolk County Department of Health Services, Robert Schroeder and Wayne Miller, Suffolk County Department of Public Works and Joe Condolff, Suffolk County Police Department; and

WHEREAS, by separate resolution, dated May 21, 2003, under the State Environmental Quality Review Act ("SEQRA"), N.Y. Envtl. Conserv. Law Art. 8, the CAC has determined that this action is a Type II action, pursuant to Volume 6 of New York Code of Rules and Regulations ("NYCRR") §§617.5(c)(20) and (27), in that the resolution pertains to routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; and

WHEREAS, New York State Environmental Conservation Law requires pesticide applicator certification for anyone who applies a pesticide to property that does not belong to him or her. Therefore, the application of anti-fouling paint, as described in this resolution, is required to be conducted by a certified pesticide applicator; now

Be it therefore

RESOLVED, that a one year Special Use Exemption, pursuant to Suffolk County Code Section 380-5(E), be granted for the use of anti-fouling paint on the boats, vessels and equipment listed on Attachment A, which are hereby incorporated by reference; and, be it further

RESOLVED, that grant of the exemption is based upon the following considerations:

1. Potential exposure to the public from the use of anti-fouling paints is expected to be minimal;

2. The only non-pesticide alternative available at this time appears to be power-washing, which requires frequent hauling of the boats. For the vessels and equipment listed on Attachment A, this is not a viable alternative because either the weight and size of the vessel is too great for hauling or the vessel is located too far from power-wash stations and would result in decreased work productivity;

3. Failure to grant the exemption would result in decreased fuel efficiency and impair the use of data collected from monitoring devices with excess marine growth;

4. The CAC will re-examine the availability of alternatives over the course of the next year;

5. The CAC will attempt to facilitate pilot projects to investigate alternatives to anti-fouling paints; and, be it further

RESOLVED, that following the one year time period, a renewal request may be submitted; and, be it further

RESOLVED, that this Resolution shall take effect July 25, 2003.

Motion by: Dominick Ninivaggi
Seconded by: Elsa Ford

Committee Vote: Appointed Members: 8
Total Voting: 8
Ayes: 8
Nays: 0
Abstentions: 0

I hereby certify that the Community Advisory Committee duly adopted this resolution on May 21, 2003 in accordance with Suffolk County Code Section 380-5(E).

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Signed

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Dated