8025 AMS FRAS FLOO 002

SJM 8025 - S AMD 459

    By Senators Fraser and Morton

    On page 2, line 7, after "WHEREAS," strike everything through "Appeals." on line 17 and insert the following:

    "aquatic pesticides are also applied to other waters in addition to irrigation canals in Washington state for a wide variety of purposes designed to protect and further beneficial uses of such waters, including applications to tidelands to control and eliminate spartina, applications to freshwater lakes, streams and rivers to control noxious aquatic plants and algae, applications against mosquitoes for human health purposes, applications to control insect and other pests that threaten agricultural crops or silvicultural resources, applications to eliminate nonindigenous fish, invertebrates and other species that compete with native species; and

    WHEREAS, the state of Washington has provided for protection of water quality in such pesticide applications through procedures specific to categories of activities and water bodies but has not incorporated these procedures into the state-administered NPDES permit system; and

    WHEREAS, the court of appeals decision has placed great uncertainty regarding the regulatory procedures to approve necessary pesticide applications in many such circumstances in the next few months;

    NOW, THEREFORE, Your Memorialists respectfully pray that the United States Environmental Protection Agency (1) fully employ all available means and resources to work with the Washington state departments of Ecology and Agriculture to achieve an expeditious procedure for approving state-administered regulatory approvals for aquatic pesticide applications as qualifying under the NPDES permit system on an interim basis during the balance of calendar year 2001, (2) work with such state agencies in achieving general permits under the NPDES system that are consistent with the state's water quality protection measures, and (3) make recommendations to the Congress for any necessary revisions to the NPDES system to facilitate aquatic pesticide application approvals consistent with state regulatory programs."

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