South Dakota General NPDES Permit For Pesticide Discharges

The South Dakota Department of Environment and Natural Resources (DENR) has released its draft surface water discharge permit for pesticide applicators. Discharges to waters of the state from the application of either chemical or biological pesticides that leave a residue or are not otherwise excluded from coverage under the federal Clean Water Act will require a permit.

The draft General Permit was prepared for the five pesticide use categories:

Mosquito and Other Flying Insect Pest Control. This use category includes the control of public health/nuisance and other flying insect pests that develop or are present during a portion of their life cycle in or above standing or flowing water.

Weed and Algae Control. This use category includes the control of invasive or other nuisance weeds and algae in water and at water’s edge, including irrigation ditches and/or irrigation canals.

Aerial Pest Control. This use category is for the aerial application of a pesticide to control the population of a pest (e.g., insect or pathogen) where, to target the pests effectively, a portion of pesticide will be unavoidably discharged into waters of the state. These pests are not necessarily aquatic, but are detrimental to industry, the environment, and public health.

Ditch and Stream Bank Pest Control. This use category includes the management of a diverse pest spectrum where pesticides are deposited into a ditch or along stream banks to target the pests effectively and may result in a discharge to waters of the state.

Declared Pest Emergency Situation. This use category is for discharges associated with a declared pest emergency discharge.

Discharges not eligible for coverage under the draft General Permit include discharges to waters of the state identified in the 303(d) list or Integrated Report as impaired for that pesticide or its degrades, and discharges associated with the management of invasive or other nuisance pests in water, including fish, lampreys, and mollusks. An individual permit or alternative general permit would be required for those discharges.

In contrast to many State general permits, under this draft permit, an application for permit coverage is not required. All pesticide activities requiring coverage under the permit will automatically have coverage upon the effective date of the permit.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Minnesota General NPDES Permit For Pesticide Application

The Minnesota Pollution Control Agency (MPCA) has released a proposed general NPDES permit to cover certain types of applications of pesticides. The need for NPDES permit coverage is in response to a 2009 ruling by the 6th Circuit Court of Appeals that NPDES permits were required for all biological and chemical pesticide applications that leave a residue in water including applications are made in or over, including near, waters of the United States.

Unlike the single permit proposed by EPA on June 4, 2010, MPCA has prepared four separate General Pesticide Permits to address different use patterns - Mosquito and Other Flying Insect Pest Control (MNG870000), Forest Canopy Pest Control (MNG873000), Aquatic Nuisance Animal Pest Control (MNG874000), and Vegetative Pests and Algae Control (MNG876000).

Only entities that exceed a threshold listed in each permit are required to submit an application for permit coverage. Permittees that are required to submit an application must do so within six months after permit issuance. Those applicators that do not exceed the threshold will need to comply with the basic permit requirements, but are not required to submit an application.

The permits require that all permittees minimize their discharges to waters of the state. This includes using the lowest effective amount of pesticide and optimal frequency of application, preventing leaks and spills, calibrating equipment, and monitoring to record the amount of pesticides used and the area where they are applied to determine when/if the threshold will be exceeded. Visual monitoring is also required during pesticide application to identify adverse effects to non-target organisms. If there are adverse effects from pesticide application, the permittee is required to contact the Duty Officer and take corrective actions to minimize the effects. Permittees must also implement Integrated Pest Management (IPM) and develop a Pesticide Discharge Management Plan (PDMP).

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website