WSR 01-15-082

DEPARTMENT OF ECOLOGY


[ Filed July 18, 2001, 8:30 a.m. ]


Ecology to Develop an NPDES General Permit for Aquatic Pest Control


     The Washington State Department of Ecology (ecology) is beginning a process to develop and issue one or more National Pollutant Discharge Elimination System (NPDES) [permit] and state waste discharge general permits for discharges associated with aquatic pest control activities. A final permit is targeted for April 2002.

     A recent ruling by the Federal Ninth Circuit Court of Appeals established that discharges of pesticides to waters of the United States are subject to provisions of the Federal Clean Water Act including the requirement to obtain an NPDES permit. The court held that EPA-approved label requirements for the use of a pesticide do not eliminate the need to obtain a point source wastewater discharge permit (Headwaters, Inc. v. Talent Irrigation District, March 12, 2001).

     An Aquatic Pest Control General Permit will provide coverage for discharges of pesticides to waters of the state of Washington. Ecology intends to provide coverage for a large number of organizations that discharge pesticides to waters of the state as a component of pest control activities. The following pest control activities will be considered during development of one or more general permits:

Aquatic Herbicide Applications:

     Noxious emergent aquatic plant control in estuaries, salt marshes, tideflats, and riparian wetlands

     Noxious submersed aquatic plant control in lakes, ditches, ponds, reservoirs, estuaries, rivers, and wetlands

     Algae control in lakes, ditches, ponds and reservoirs

     Algae and nuisance vegetation control in irrigation water delivery and return systems

     Native aquatic plant control in lakes, ditches, ponds and reservoirs

Aquatic Insecticide Applications:

     Mosquito control in lakes, ditches, ponds, reservoirs, estuaries, rivers, and wetlands

     Ghost shrimp control on tidelands

Aquatic Pesticide Applications:

     Fish control in lakes, ponds and rivers

     We expect to complete the draft version of the general permit(s)and release it for public comment by January 2002. However, the Ninth Circuit Court decision is under appeal. Our schedule may be adjusted based on the outcome from this legal process. The following table provides an outline of the proposed schedule. Notification will be provided if there are significant changes to this schedule.

Aquatic Pest Control General Permit
Release Final Draft of General Permit for Formal Public Comment January 2002
Conduct Public Workshops/Hearings on Final Draft Industrial General Permit February 2002
Issue General Permit(s) April 2002

     We intend to form an advisory group to assist in the development of the general permit(s) and ask those interested in participating to contact Kathleen Emmett at (360) 407-6478.

     Any interested party may request to be included on a mailing list maintained to inform the public of significant stages in the development of the general permit(s) including notices of final draft permit, public hearings, and issuance of the permit. Information will also be posted on an ecology web page for the Aquatic Pest Control NPDES General Permit at:

     http://www.ecy.wa.gov/programs/wq/aqpestcontrol/index.html

     If you have any questions please call Kathleen Emmett at (360) 407-6478 or Mike Herold at (360) 407-6434, or send an e-mail to Mher461@ecy.wa.gov or postal mail to Department of Ecology, Attn: Kathleen Emmett, P.O. Box 47600, Olympia, WA 98504-7600.

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