Wednesday, January 26, 2011

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.

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