5.04.120 Accidental Releases

In the event of an accidental release of a pesticide, where there is an imminent threat to human health and the environment, Applicators are required to immediately contact the Tribe's Environmental Response Team, 518-358-5937 during regular business hours or the Tribe's Police Department, 518-358-9200, after regular business hours.

Any accidental pesticide release is reportable if:

• There is an impact to human health
• There is an impact to the environment, including a threat or spill into a sanitary sewer, storm sewer and/or surface water or ground water
• There is a fire, explosion or safety hazard
• The spill has not immediately been cleaned up
• The spill was more than the reportable quantity under Federal Law
• A spill involving the commercial transport of a pesticide as governed by the US Department of Transportation

Applicators may be subject to reportable quantities under additional regulatory requirements including but not limited to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 USC 9601, the Federal Water Pollution Control Act, 33 USC 1321(b)(2)(A) and 1317 (a), section 3001 of the Solid Waste Disposal Act, 42 USC 6921, Section 112 of the Clean Air Act, 42 U.S.C 7412. It is the responsibility of Applicators to know and understand the regulations to which they are subject.