EPA announces pesticide application permitting process

U.S. EPA and Illinois EPA issued their General NPDES Permit for pesticide point source discharges on October 31, 2011 at which time the permit has become effective.

A NPDES permit is required by operators who discharge biological or chemical pesticides, that leave a residue, to waters of the state or waters edge.

An operator is defined as an entity with control over finances or the decision to perform pesticide applications. The NPDES permit also defines an operator as the applicator performing the application of pesticides with day-to-day operational control of the activities.

Types of activities that will require a NPDES permit include the following activities where pesticides which leave a residue are applied to waters of the State or at the water's edge.

1. Mosquito and other Insect Pest Control

2. Weed and Algae control

3. Aquatic Nuisance Animal Control

4. Forested Areas Pest Control

5. Other Pesticide Uses

In order to comply with the NPDES requirements, a Notice of Intent (NOI) application must be submitted to IEPA at least 14 days prior to discharge.

Unless notified by IEPA to submit additional information, operators who submit a NOI in accordance with the requirements of the permit are authorized to discharge under the terms and conditions of the permit 30 days after the date the NOI is received by IEPA.

Operators who exceed an annual threshold treatment area of 640 acres, 20 acres over waters of the State or 20 linear miles of treatment area at water's edge must also submit a Pesticide Discharge Management Plan (PDMP) in addition to the NOI. Operators must also retain a copy of the PDMP.

A PDMP is not required for NOI applications made in response to declared pest emergency situations or permitees who meet the definition of a small entity.

In short, as long as you are not applying pesticides that leave a residue over waters of the state or at the water's edge, then you do not need to comply with the NPDES requirements.

If your pesticide applicator license has a Mosquito, Forestry, Rights of Way or Aquatic category, there is a good chance you may need to submit a NOI per NPDES requirements prior to applying pesticides.