§ 40-b. Sale and use of tributyltin paint. 1. No person shall sell or offer to sell quick release tributyltin antifoulant bottom paints after January first, nineteen hundred eighty-eight. For purposes of this section, "quick release" shall mean a release rate of greater than five micrograms of tributyltin per square centimeter per day.
2. No person shall apply a quick release tributyltin antifoulant bottom paint to any vessel expected to be used in the waters of the state including the marine and coastal district, as defined in section 13-0103 of the environmental conservation law, after January first, nineteen hundred eighty-eight, nor shall any person apply an antifoulant bottom paint having a release rate of greater than one microgram or less than five micrograms of tributyltin per square centimeter per day to any non-aluminum part of any vessel less than twenty-five meters in length which is expected to be used in the waters of the state including the marine and coastal district after January first, nineteen hundred eighty-eight.
3. After January first, nineteen hundred eighty-eight, paint containers holding antifoulant bottom paint having a release rate of more than one microgram or less than five micrograms of tributyltin per square centimeter being sold or offered for retail sale shall not exceed thirty-two fluid ounces of such paint and shall have affixed to the container a label which states the application of such paint is restricted under New York state law to aluminum parts only.
4. The department of environmental conservation shall, prior to January first, nineteen hundred eighty-eight, develop a list of those quick release antifoulant bottom paints which have been banned from use in this state under the provisions of this section as well as a list of those tributyltin antifoulant bottom paints which have had their sale and application restricted under the provisions of this section. The department shall make such lists available to any interested party and shall make a reasonable effort to transmit such lists to known manufacturers and those places of sale of such paints within the state and shall until December thirty-first, nineteen hundred eighty-eight provide such list to any applicant for a license or permit under article eleven or thirteen of the environmental conservation law.
5. Any violation of this section shall be a violation punishable by a fine of not less than one hundred nor more than two hundred fifty dollars.
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