March 2001, the Ninth Circuit Court found in Headwaters v. Talent Irrigation District, 243 F.3d 526 (9th Cir. 2001) that applications of aquatic herbicides were subject to Clean Water Act provisions for the discharge of pollutants to waters of the United States. The state of Washington Department of Ecology (ecology) had been providing water quality oversight for many aquatic pesticide applications though administrative orders; they will now be given CWA coverage through NPDES permits.

     On April 3, 2002, ecology will issue two general permits for aquatic pesticide applications made throughout the state. The general permits will provide coverage for

•	aquatic weed control in irrigation systems; and
•	mosquito larvae control.

     Ecology issued these two general permits for draft public review on February 3, 2002, through a notice to the state register and a direct mailing to over four hundred recipients including potential permittees, agencies with jurisdiction or interest in aquatic pest control, tribes, environmental groups and other interested parties. Ecology held public workshops followed by hearings for the permits on March 12, 2002, at the Hal Holms Community Center in Ellensburg, Washington. The public comment period ended on March 22 for the mosquito control permit and on March 12 for the irrigation system maintenance permit. Copies of the final permits and fact sheets will include a response to the comments received during the public comment period. Copies of the final permit documents can be obtained through ecology's webpages http://www.ecy.wa.gov/programs/wq/herbicides/mpdes_develp.html or by contacting ecology's aquatic pesticide permit lead; contact information is provided below.

Public Notice of Issuance of Draft Nuisance Plant and Algae Permit

     Ecology has tentatively determined to issue a general permit for the application of herbicides to control nuisance weeds and algae in surface waters of the state of Washington. The use of herbicides and algaecides is subject to the provisions of integrated pest management plans (IPMs) and further restricted in salmonid bearing waters. Monitoring is required and conducted by the permittee. Copies of the permit documents are available on ecology webpages: http://www.ecy.wa.gov/programs/wq/herbicides/index.html or by contacting ecology's aquatic pest control permit lead; contact information is provided below.

Workshop and Hearing Scheduled on May 14 at Ecology Headquarters in Olympia

     A workshop will be held the first hour of the time allotted so that ecology staff can provide an overview of the proposed permit documents. A hearing will immediately follow the workshop and ecology will receive public comments during the hearing.

     The nuisance plant and algae permit hearing is scheduled from 1:30 p.m. to 4 p.m. on Tuesday, May 14, at Ecology Headquarters, 600 Desmond Drive, Olympia, WA, in Auditorium Room ROA-36. The public comment period for this permit is open from April 3 to midnight on May 14, 2002. Comments on the nuisance plant and algae draft permit documents can be sent to Kathleen Emmett, Aquatic Pest Control Permit Lead, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, or e-mail Kathleen at kemm461@ecy.wa.gov.

     Questions or requests for more information can be directed to Kathleen at the above addresses or call her at (360) 407-6478.

© Washington State Code Reviser's Office