Section 17-1206. Waiver  


Latest version.
  • Any  city  agency,  including  the  department, is
      authorized to apply to the commissioner for a waiver of the restrictions
      established  pursuant  to  section  17-1203  of   this   chapter.   Such
      application shall be in a form and manner prescribed by the commissioner
      and  shall contain such information as the commissioner deems reasonable
      and necessary to determine whether such waiver  should  be  granted.  In
      determining  whether  to  grant  or  deny  a  request  for a waiver, the
      commissioner shall consider whether the application of 17-1203 would be,
      in the absence of the waiver,  unreasonable  with  respect  to  (i)  the
      magnitude  of  the  infestation, (ii) the threat to public health, (iii)
      the availability of effective alternatives and (iv)  the  likelihood  of
      exposure  of  humans  to  the  pesticide. Such waiver may be issued with
      respect to one or multiple applications and may be granted  for  a  term
      deemed  appropriate  by  the  commissioner, provided, however, that such
      term shall not exceed one year. Within thirty days of granting a waiver,
      the department shall provide the pest management committee with  a  copy
      of such waiver.