WSR 07-05-035

DEPARTMENT OF ECOLOGY


[ Filed February 14, 2007, 4:10 p.m. ]


Announcing the Issuance of the Aquatic Mosquito

Control General Permit



The department of ecology (ecology) is issuing a final general permit to cover mosquito control activities in and around surface waters of the state. Ecology issued this permit on March 7, 2007, and it will take effect on April 7, 2007. The title of the revised permit is "Aquatic Mosquito Control National Pollutant Discharge Elimination System and State Waste Discharge General Permit." This revokes and replaces the aquatic mosquito control general permit that was set to expire on May 10, 2007.

The general permit covers the use of larvicides to control mosquitoes in and near water. The products regulated under this permit include methoprene, Bacillus thuringiensis israelensis, Bacillus sphaericus, monomolecular surface films, Paraffinic white mineral oil, temephos, and malathion. There are also a number of activities exempted from coverage under this permit. If applying larvicides to upland farm ponds, wastewater or stormwater detention and retention ponds, or constructed waterbodies five acres or less in size that do not drain for at least two weeks following treatment, no permit is needed. Projects that are occurring under a state experimental use permit (less than one acre) are also exempted from obtaining coverage under the permit.

Summary of public involvement process: On November 1, 2006, ecology published a notice in WSR 06-21-070. Ecology also posted a notice on its web site. Ecology held public workshops and hearings in Olympia on December 12, 2006, and Pasco on December 13, 2006. The public comment period closed on Wednesday, December 20, 2006.

Ecology prepared a Response to Comments, which is an appendix to the fact sheet for the aquatic mosquito control general permit. It includes ecology's response to all the comments submitted during the public comment period and notes those changes made to the draft permit. It is available from ecology's web site http://www.ecy.wa.gov/programs/wq/pesticides/.

Summary of significant changes: Ecology added language that restricts the use of certain pesticides in areas where sensitive or threatened species are found. This was done at the request of Washington department of fish and wildlife (WDFW). This new section (S4.D) requires annual consultation with regional WDFW staff, and additional BMP's when applying methoprene in designated sensitive areas.

A condition was removed from the permit that allowed detention and retention ponds covered under other NPDES permits to be treated without obtaining coverage under this aquatic mosquito control permit.

Under the new permit, all permittees are required to submit annual reports electronically through our new online reporting system.

Appeals procedure: The terms and conditions of a general permit may be appealed only by filing an appeal to the pollution control hearings board and by serving it upon ecology at the address below. Appeals of the general permit must be made within thirty days of issuance or receipt, whichever is later (chapter 43.21B RCW). The procedures and requirements for the appeal process are contained in RCW 43.21.B310 [43.21B.310]. ("RCW" is the Revised Code of Washington).

Pollution Control Hearings Board, P.O. Box 40903, Olympia, WA 98504-0903, Department of Ecology, Appeals Coordinator, P.O. Box 47608, Olympia, WA 98504-7608.

In addition, please send a copy of your appeal to Kelly McLain, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-47600.

The terms and conditions of a general permit, as they apply to an individual discharger, are appealable within thirty days of the effective date of coverage of that discharger (see chapter 43.21C RCW). This appeal is limited to the general permit's applicability or nonapplicability to a specific discharger.

Application process and permit coverage: There are two ways to obtain coverage under this general permit. New or unpermitted applicators seeking coverage can request an application from ecology's regional offices. In addition, coverage can be obtained at no cost through the department of health's zoonotic disease program.

The application and public notice process is available from ecology headquarters; see contact information below.

For additional information: Please contact Kelly McLain, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6938, e-mail kelm461@ecy.wa.gov; or Ben Hamilton, Department of Health, P.O. Box 47825, Olympia, WA 98504-7825, phone (360) 236-3364, e-mail ben.hamilton@doh.wa.gov.

If you need this information in an alternative format, please contact the program development services section secretary at (360) 407-6401. If you are a person with a speech or hearing impairment, call 711 or 1-800-833-6388 for TTY.

Washington State Code Reviser's Office