Announcing the Issuance of the
Aquatic Noxious Weed Control General Permit
The general permit covers the discharge of products used to control noxious weeds and quarantine-listed weeds in and near water. The pesticides regulated under this permit include 2, 4-D, glyphosate, triclopyr TEA, imazapyr, fluridone, and diquat dibromide.
Some aquatic weed control activities are exempted from coverage under this permit. The exempted activities include applying herbicides for noxious aquatic weed control to:
|Constructed detention ponds for wastewater or stormwater treatment or control covered by a separate individual or general NPDES or state permit,
|Upland farm ponds and constructed water bodies, five acres or less, in surface area with no discharge to other surface waters of the state for two weeks following treatment,
|Seasonally dry land surfaces (including seasonally dry wetlands) as long as the active ingredient is not biologically active when the water returns,
|Water bodies under a state experimental use permit (sites are less than one acre).
Ecology prepared a Response to Comments, which is Appendix A to the fact sheet for the aquatic noxious weed control general permit. It includes ecology's response to all comments submitted during the public comment period and notes those significant changes made to the draft permit in response to comments. It is available from ecology's web site http://www.ecy.wa.gov/programs/wq/pesticides/.
Summary of significant changes: Ecology clarified language for the control of freshwater emergent plants along marine shorelines, and shortened the required posting period from forty-eight hours to "the length of recreation restrictions plus twenty-four hours."
The signage requirement was changed to allow the permittee to clarify whether a pesticide application happened near water, rather than in water.
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 (chapter 43.21B RCW). The procedures and requirements for the appeal process are contained in RCW 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
P.O. Box 47608
Olympia, WA 98504-7608
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 headquarters office. In addition, coverage can be obtained at no cost through the Washington department of agriculture's pest program.
For information about the application and public notice process see the below contact information.
For additional information: Please contact Kelly McLain, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6938, e-mail firstname.lastname@example.org; or the Pest Program, Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-2071, e-mail BWhite@agr.wa.gov.
If you have special accommodation needs or require a copy of the permit and fact sheet in an alternative format, please contact Kelly McLain at (360) 407-6938. If you are a person with a speech or hearing impairment, call 711 or 800-833-6388 for TTY.