WSR 08-02-092


[ Filed January 2, 2008, 10:54 a.m. ]


Announcing the Issuance of the

Aquatic Noxious Weed Control General Permit

The department of ecology (ecology) is reissuing a general permit to cover the control of aquatic noxious weeds and quarantine-listed weeds in and around surface waters of the state. This permit will become effective on February 16, 2008. The title of the revised permit is "Aquatic Noxious Weed Control National Pollutant Discharge Elimination System and State Waste Discharge General Permit." This revokes and replaces the aquatic noxious weed control general permit that expired on June 14, 2007.

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).
Summary of public involvement process: On October 3, 2007, ecology published a notice of draft in the Washington state register (WSR 07-19-046). Ecology also posted a notice on its web site. Ecology held public workshops and hearings in Olympia on November 5, 2007, and Spokane on November 7, 2007. The draft permit and fact sheet were available for review and public comment from October 3 to November 14, 2007. The public comment period closed on Wednesday, November 14, 2007.

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

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

Appeals Coordinator

P.O. Box 47608

Olympia, WA 98504-7608

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 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; or the Pest Program, Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-2071, e-mail

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.

Washington State Code Reviser's Office