JB_CHS_NPDES_General_Pemit_for_discharges_from_application_of_Pesticides.pdf

TABLE OF CONTENTS

1.0 Coverage under this Permit

1.1 Eligibility

1.1.1 Activities Covered

1.1.2 Limitations on Coverage

1.2 Authorization to Discharge under this Permit

1.2.1 How to Obtain Authorization

1.2.2 Operators Required to Submit a Notice of Intent (NOI)

1.2.3 Discharge Authorization Date

1.2.4 Continuation of This Permit

1.2.5 Terminating Coverage

1.3 Alternative Permits

1.4 Severability

1.5 Other Federal and State Laws

1.6 Coastal Zone Consistency (CZC) Certification

1.7 Changes in Federal Rules

2.0 Technology-Based Effluent Limitations

2.1 Limit Pesticide Discharges into Surface Waters of the State

2.1.1 Use An Effective Amount of Pesticide Product (While Avoiding Over-Application)

2.1.2 Regular Maintenance

2.1.3 Equipment Calibration

2.2 Integrated Pest Management (IPM) Practices (For Those Required to Submit NOIs)

2.2.1 IPM for Pesticide Use Pattern # 1: Mosquito and Other Flying Insect Pest Control

2.2.2 IPM for Pesticide Use Pattern # 2: Aquatic Weed and Algae Control

2.2.3 IPM for Pesticide Use Pattern # 3: Aquatic Nuisance Animal Control

2.2.4 IPM for Pesticide Use Pattern # 4: Forest Pest Control

2.2.5 IPM for Pesticide Use Pattern # 5: Intrusive Vegetation Control

3.0 Water-Quality-Based Effluent Limitations

4.0 Monitoring

4.1 Monitoring Requirements for Pesticide Applicators

4.2 Visual Monitoring Requirements for all Operators

5.0 Pesticide Discharge Management Plan (PDMP)

5.1 Contents of your PDMP

5.1.1 People Involved with the Program

5.1.2 Pest Management Area Description

5.1.3 Control Measure Description

5.1.4 Schedules and Procedures

5.1.5 Signature Requirements

5.2 Pesticide Discharge Management Plan Modifications

5.3 Pesticide Discharge Management Plan Availability

6.0 Corrective Action

6.1 Situations Requiring Revision of Control Measures

6.2 Corrective Action Deadlines

6.3 Effect of Corrective Action

6.4 Adverse Incident Documentation and Reporting

6.5 Reportable Spills and Leaks

6.6 Other Corrective Action Documentation

7.0 Reporting and Recordkeeping

8.0 Department Contact Information and Mailing Addresses

9.0 Appendices

A. Definitions B. Standard Permit Conditions C. Notice of Intent Requirements D. Notice of Termination Requirements

Permit No. SCG160000

1.0 COVERAGE UNDER THIS PERMIT

This permit covers any operator that meets the eligibility requirements identified in Part

1.1 and if so required, submits a Notice of Intent (NOI) in accordance with Part 1.2. An operator, based on the definition in Appendix A, could result in more than one operator being responsible for compliance with this permit for any single discharge from the application of pesticides.

This general permit does not apply to the application of pesticides to areas which are “treatment works” (as defined in Appendix A) and to areas which are exempt from an NPDES permit (R.61-9.122.3) including:

a. Any introduction of pollutants from non point source agricultural and silvicultural activities, including storm water runoff from orchards, cultivated crops, pastures, range lands, and forest lands, but not discharges from concentrated animal feeding operations as defined in Regulation 61-9.122.23, discharges from concentrated aquatic animal production facilities defined in Regulation 61-9.122.24, discharges to aquaculture projects as defined in Regulation 61-9.122.25, and discharges from silvicultural point sources as defined in Regulation 61-9.122.27, and

b. Return flows from irrigated agriculture.

1.1 Eligibility

1.1.1 Activities Covered. This permit is available to operators who discharge to surface waters of the State of South Carolina (surface waters of the State) from the application of (1) biological pesticides or (2) chemical pesticides that leave a residue (hereinafter collectively “pesticides”), when the pesticide application is for one of the following pesticide use patterns:

a. Pesticide Use Pattern # 1: Mosquito and Other Flying Insect Pest Control – to control public health/nuisance and other flying insect pests that develop or are present during a portion of their life cycle in or above surface waters of the State. Public health/nuisance and other flying insect pests in this use category include but are not limited to mosquitoes and black flies.

b. Pesticide Use Pattern # 2: Aquatic Weed and Algae Control – to control invasive or other nuisance weeds and algae in surface waters of the State and at waters’ edge.

c. Pesticide Use Pattern # 3: Aquatic Nuisance Animal Control –to control invasive or other nuisance animals in surface waters of the State and at waters’ edge. Aquatic nuisance animals in this use category include, but are not limited to fish, lampreys, and mollusks.

d. Pesticide Use Pattern # 4: Forest Pest Control – application of a pesticide in or over a forest to control the population of a pest species where to target the pests effectively a portion of the pesticide unavoidably will be applied over and deposited to surface waters of the State.

e. Pesticide Use Pattern # 5: Intrusive Vegetation Control – to control vegetation along roads and utility rights of way (including utility facilities such as pump stations, plants and electric substations where property is owned by the utility) where to target the intrusive pests effectively, a portion of the pesticide unavoidably will be applied over and or deposited into surface waters of the State.

f. Pesticide Use Pattern # 6: Other Similar Activities. Other activities not explicitly covered in 1.1.1.a-e above may be eligible under this permit where the use patterns are similar to the use patterns identified above. For consideration in such situations, an operator must submit a notice of intent (NOI) form to the Department requesting a determination on whether the activity can be covered under this permit. If the activity can be covered, as determined by the Department, the Department will notify the applicant in writing (e-mail or hardcopy) of its determination. Such a notice of coverage will specify the coverage requirements. If no response is received from the Department within 10 days of the Department’s receipt of the NOI, then the NOI is automatically approved until a written response is received from the Department.

1.1.2 Limitations on Coverage

1.1.2.1 Discharges to Water Quality Impaired Waters. You are not eligible for coverage under this permit for any discharges from a pesticide application to surface waters of the State if the water is identified as impaired by that pesticide or its degradates. For purposes of this permit, impaired waters are those that have been identified by the Department pursuant to Section 303(d) of the CWA as not meeting applicable State water quality standards. Impaired waters for the purposes of this permit include both waters with EPA-approved or EPA-established Total Maximum Daily Loads (TMDLs) and waters for which EPA has not yet approved or established a TMDL. A list of these waters is available on the Internet at http://www.scdhec.gov/environment/water/tmdl. At this website, you can identify the nearest monitoring station that is not meeting standards via a map (see: “map of 2010 303(d) listed locations by major river basins”). If your discharge would not be eligible under this permit because the water is listed as impaired for that specific pesticide or its degradates, but you have evidence that shows the water is no longer impaired, you may submit this information to the Department and request that coverage be allowed under this permit. A quality assurance project plan (QAPP) prepared to the satisfaction of the Department may be required for such a demonstration.

1.1.2.2 Discharges to Waters Designated as Tier 3 for Antidegradation Purposes. You are not eligible for coverage under this permit for discharges from a pesticide application to waters designated as Tier 3 (Outstanding National Resource Waters) for anti-degradation purposes under R.61-68.G.5 and 6 unless explicitly approved by the Department prior to the discharge (except as noted below). A list of Tier 3 waters in geographic areas covered under this permit is on the Department’s website at http://www.scdhec.gov/environment/water/regs/r61-69.pdf. In the event of a “declared pest emergency situation” as defined in Appendix A, the request for coverage must be submitted no later than 30 days after commencement of discharge.

1.1.2.3 Discharges Currently or Previously Covered by another Permit. You are not eligible for coverage under this permit if any of the following circumstances apply:

a. The discharges from the application of pesticides are covered by another NPDES permit, or

b. The discharges from the application of pesticides were included in a permit that within the last five years has been or is in the process of being denied, terminated, or revoked by the Department (this does not apply to the routine reissuance of permits every five years).

1.2 Authorization to Discharge Under this Permit

1.2.1 How to Obtain Authorization. To obtain authorization under this permit, an operator must:

a. Meet the eligibility requirements identified in Part 1.1, and

b. If you are an operator identified in Part 1.2.2 as being required to submit an NOI, submit a complete and accurate NOI. If you are an operator meeting the eligibility provisions outlined in Part 1.1 and your discharges are not subject to the requirement to submit an NOI, as identified in Part 1.2.2, you are automatically authorized to discharge beginning on the effective date of this permit, in compliance with the requirements of this permit without submission of an NOI.

An NOI provides notice of an operator’s intent for discharges from its pesticide application activities to be covered under this permit. Coverage is for the operator who filed the NOI, including its employees, contractors, subcontractors, and other agents, for all activities identified on the NOI for the duration of this permit unless coverage is terminated pursuant to Part 1.2.5 or Part 1.3. If a submitted NOI is not timely, accurate, or complete, then any employee, contractor, subcontractor or other entity that discharges without the required NOI is not covered by this permit.

1.2.2 Operators Required to Submit a Notice of Intent (NOI). The following operators are required to submit a Notice of Intent to obtain coverage under this general permit for discharges to surface waters of the State resulting from the application of pesticides:

a. If you are an owner paying for, or making the decision to perform pest control activities that will result in a discharge and know or reasonably should have known that those activities will exceed one or more of the annual (i.e., calendar year) treatment area thresholds listed in Table 1 below for the “treatment area,” as defined in Appendix A; or

b. If you are a for-hire applicator applying pesticides that result in a discharge and know or reasonably should have known that those activities will exceed one or more of the pesticide application annual (i.e., calendar year) treatment area thresholds listed in Table 1 below for the “treatment area,” as defined in Appendix A; or

c. If you apply pesticides that result in a discharge to surface waters of the State and you do not meet the use patterns identified in Part 1.1.1.a-e but you are requesting consideration for coverage under Part 1.1.1.f.

Table 1. Annual Treatment Area Thresholds

PGP Part Pesticide Use Annual Threshold

2.2.1 Mosquitoes and Other Flying Insect Pests

8,960 acres of cumulative treatment area . Equivalent to one square mile with 14 applications per year

2.2.2

Aquatic Weed and Algae Control:

- In Water 200 acres of treatment area1

- At Water’s Edge:

20 linear miles of treatment area at water’s edge2

2.2.3

Aquatic Nuisance Animal Control:

- In Water 20 acres of treatment area1

- At Water’s Edge 20 linear miles of treatment area at water’s edge2

2.2.4 Forest Pest Control

6,400 acres of cumulative treatment area (10 square miles)

2.2.5 Intrusive Vegetation Control

100 linear miles (rights of way) or 100 acres of treatment area (if on own property) 3

1 Calculations should include the area of the applications made to surface waters of the State at the time of pesticide application. For calculating annual treatment area totals, count each pesticide application activity as a separate activity. For example, applying pesticides twice a year to a ten acre site should be counted as twenty acres of treatment area.

2 Calculations should include the linear extent of the application made at water’s edge adjacent to surface waters of the State at the time of pesticide application. For calculating annual treatment totals, count each pesticide application activity and each side of a linear water body as a separate activity or area.

For example, treating both sides of a ten mile creek is equal to twenty miles of water treatment area.

3 Calculation of miles is based on total miles, not factoring in actual surface water affected. For calculating annual treatment area totals, count each pesticide application activity as a separate activity.

Information required to be included in an NOI is provided in Appendix C. Operators must submit an NOI to the Department in one of the following ways:

a. At the address identified in Part 8.1.1;

b. By e-mail attachment at pesticidegp@dhec.sc.gov; or

c. By fax at (803) 898-4215.

NOIs prepared electronically via the Department’s website must be followed up by a signed copy of the NOI submitted to the Department at the address identified in Part 8.1.1, by e-mail attachment at pesticidegp@dhec.sc.gov, or by fax at (803) 898-4215. NOI submissions must be in accordance with the deadlines in Part 1.2.3. A new NOI submission and subsequent coverage may occur after the expiration date of this permit if a reissued permit has not replaced this permit. Coverage under this permit via an NOI will be subject to the normal annual fee published in Regulation 61-30 for coverage under an NPDES general permit, including discretionary NOI submissions under Part 1.1.1.a-e (where the threshold is not met) and coverage granted under NOI submissions pursuant to Part 1.1.1.f.

1.2.3 Discharge Authorization Date. Beginning on the effective date of this permit, you must be covered under an NPDES permit for discharges to surface waters of the State as a result of the application of a pesticide. Not withstanding any other conditions of this permit, for operators required to submit an NOI, the deadline for the submittal of these

NOIs is sixty (60) days after the effective date of this permit. The discharge authorization date for these operators is the effective date of this permit. Beginning seventy-five (75) days after the effective date of this permit, operators are authorized to discharge under this permit consistent with Table 2 below.

Table 2. Discharge Authorization Date

Category

NOI Submittal Deadline

Discharge Authorization Date 2, 3

Operators not required to submit an NOI.

Not applicable. Immediately.

Operators who know or should have reasonably known, prior to commencement of discharge, that they will exceed an annual treatment area threshold identified in Part 1.2.2 for that year.

At least 15 days prior to the expected commencement of discharge.

The NOI is automatically approved if no response is received within 10 days of the Department’s receipt of the signed NOI.

Operators who do not know or would reasonably not know until after commencement of discharge, that they will exceed an annual treatment area threshold identified in Part 1.2.2 for that year.

At least 15 days prior to exceeding an annual treatment area threshold.

Original authorization terminates when annual treatment area threshold is exceeded. The NOI is automatically approved if no response is received within 10 days of the Department’s receipt of the signed NOI.

Operators commencing discharge in response to a “declared pest emergency situation” as defined in Appendix A (if an NOI has not already been submitted).

No later than 30 days after commencement of discharge.1

Immediately, for activities conducted in response to declared pest emergency situation.

Operators commencing discharge in response to an infestation of fast-spreading aquatic weeds.

No later than 15 days after commencement of discharge.1

Immediately.

Operators requesting coverage under Part 1.1.1.f (Other Similar Activities)

At least fifteen days prior to the expected commencement of discharge.

Upon written notification by the Department as per Part 1.1.1.f. If no response is received from the Department within 10 days of the Department’s receipt of the signed NOI, then the NOI is automatically approved until a written response is received from the Department.

1 In the event that a discharge occurs prior to your submitting an NOI, you must comply with all other requirements of this permit immediately.

2 If the Department determines that additional information is necessary, you will be notified in writing (e-mail or hardcopy). Upon your receipt of the Department’s written notification, any automatic coverage/authorization may be suspended until the required information is received and approved by the Department.

3 If the Department notifies you in writing (e-mail or hardcopy) that you are denied coverage under this permit, any automatic coverage/authorization is terminated at that time.

Timing for NOI submittal is based on when an operator is aware or reasonably should be aware through consideration of past experience, planned activities, planning, and other analyses, that it will exceed an annual treatment area threshold during the calendar year, not on the time when the threshold is actually exceeded. For example, many large operators have exceeded the threshold the last several years and have no reason to believe activities will change such that they will not exceed these thresholds in the future. Except as noted in the first paragraph of this Part, for those operators, NOIs are due prior to commencement of any discharge under this permit.

Based on a review of your NOI or other information, the Department may delay your authorization for further review, or may determine that additional technology-based and/or water quality-based effluent limitations are necessary, or may deny coverage under this permit and require submission of an application for an individual NPDES permit, as detailed in Part 1.3.

1.2.4 Continuation of this Permit

1.2.4.1 If this permit is not reissued or replaced prior to the expiration date, it will be administratively continued in accordance with R.61-9.122.6 and remain in force and effect. If you were authorized to discharge under this permit prior to the expiration date, and you reapplied in accordance with Appendix B, Subsection B.1, any discharges authorized under this permit will automatically remain covered by this permit until the earliest of:

a. Your authorization for coverage under a reissued permit or a replacement of this permit;

b. The processing and posting of your Notice of Termination consistent with Part 1.2.5.1;

c. The issuance or denial of an individual permit for a discharge resulting from application of a pesticide that would otherwise be covered under this permit;

d. A formal permit decision by the Department not to reissue this general permit, at which time the Department will identify a reasonable time period for covered dischargers to seek coverage under an alternative general permit or an individual permit. Coverage under this permit will cease when coverage under another permit is granted/authorized; or

e. The Department has informed you that you are no longer covered under this permit.

If you are automatically covered by this permit (i.e., you are not required to submit an NOI per Part 1.2.2) and you did not submit a discretionary NOI, you have automatic continued coverage and do not have to reapply in accordance with Appendix B, Subsection B.1.

1.2.4.2 Exception to Continuing Coverage. If you are currently covered by this general permit and you are required to submit an NOI per Part 1.2.2 or you submitted a discretionary NOI, you must submit an updated NOI at least 180 days prior to the expiration date of the permit (unless an extension has been granted by the Department prior to the deadline).

Failure to submit a timely NOI in accordance with Appendix B, Subsection B.1 will result in a loss of coverage when the current permit expires. Any permittee that loses their existing coverage may reapply for new coverage when needed.

1.2.5 Terminating Coverage

1.2.5.1 Submitting a Notice of Termination (NOT). To terminate permit coverage, an operator who is required to submit an NOI as identified in Part 1.2.2 and those operators who submitted discretionary NOIs (i.e., those operators who remain below a threshold but submitted an NOI anyway), must submit a complete and accurate NOT. Information required to be included in a Notice of Termination is provided in Appendix D. Operators required to submit a Notice of Termination should submit the NOT to the Department in one of the following ways:

a. At the address identified in Part 8.1.1;

b. By e-mail at pesticidegp@dhec.sc.gov; or

c. By fax at (803) 898-4215.

If you submit a Notice of Termination without meeting one or more of the conditions identified in Part 1.2.5.2, then your Notice of Termination is not valid. You are responsible for complying with the terms of this permit until your authorization is terminated.

1.2.5.2 When to Submit a Notice of Termination (NOT). An operator who is required to submit an NOI as identified in Part 1.2.2 and those operators who submitted discretionary NOIs must submit a NOT within 30 days after one or more of the following conditions have been met:

a. A new operator has taken over responsibility of your pest control activities covered under an existing NOI;

b. You have ceased all discharges from the application of pesticides for which you obtained permit coverage and you do not expect to discharge during the remainder of the permit term for any of the use patterns as identified in Part 1.1.1; or

c. You have obtained coverage under an individual permit or an alternative general permit for all discharges required to be covered by an NPDES permit, unless you obtained coverage consistent with Part 1.3, in which case coverage under this permit will terminate automatically.

1.2.5.3 Operators covered under this permit that are not required to submit an NOI and did not submit a discretionary NOI are terminated from permit coverage when they no longer have a discharge from the application of pesticides or their discharges are covered under an NPDES individual permit or alternative NPDES general permit.

1.3 Alternative Permits

1.3.1 Department Requiring Coverage under an Alternative Permit. The Department may require you to apply for and/or obtain authorization to discharge under either an individual NPDES permit or an alternative NPDES general permit in accordance with R.61-9.122.64 and 124.5. If the Department requires you to apply for an individual NPDES permit, the Department will notify you in writing that a permit application is required. This notification will include a brief statement of the reasons for this decision and will provide application information. In addition, if you are an operator whose discharges are authorized under this permit, the notice will set a deadline to file the permit application, and will include a statement that on the effective date of the individual NPDES permit, or the alternative general permit as it applies to you, coverage under this general permit will terminate. The Department may grant additional time to submit the application if you submit a request setting forth reasonable grounds for additional time. If you are covered under this permit and fail to submit an individual NPDES permit application as required by the Department, then the applicability of this permit to you is terminated at the end of the day specified by the Department as the deadline for application submittal. The Department may take enforcement action for any unpermitted discharge or violation of any permit requirement.

1.3.2 Operator Requesting Coverage under an Alternative Permit. If you do not want to be covered by this general permit, but need permit coverage, you can apply for an individual permit. In such a case, you must submit an individual permit application in accordance with the requirements of R.61-9.122.21(k), with reasons supporting the request, to the Department at the address identified in Part 8.1.1. The request may be granted by issuance of an individual permit or authorization of coverage under an alternative general permit if your reasons are warranted.

When an individual NPDES permit is issued to you or you are authorized under an alternative NPDES general permit to discharge a pollutant to surface waters of the State as a result of a pesticide application, your authorization to discharge under this permit is terminated on the effective date of the individual permit or the date of authorization of coverage under the alternative general permit.

1.4 Severability. Invalidation of a portion of this permit does not render the whole permit invalid. The Department’s intent is that the permit will remain in effect to the extent possible; in the event that any part of this permit is invalidated, the remaining parts of the permit will remain in effect unless the Department issues a written statement otherwise.

1.5 Other Federal and State Laws. You must comply with all other applicable federal and state laws and regulations that pertain to your application of pesticides. For example, this permit does not negate the requirements under FIFRA and its implementing regulations to use registered pesticides consistent with the product's labeling. Additionally, there are other laws and regulations that may apply to certain activities that are also covered under this permit (e.g., United States Coast Guard regulations).

1.6 Coastal Zone Consistency (CZC) Certification. Projects located in the eight (8) coastal counties are deemed consistent with the Coastal Zone Management Program provided that they meet the minimum criteria of this permit. The Department reserves the right to require an individual CZC determination on any project on a case by case basis.

1.7 Changes in Federal Rules. The requirements of this permit, in whole or in part as applicable, shall end if a change to federal law or regulations results in there no longer being a need for an NPDES permit for the activities regulated under this permit. The requirements shall end upon the Department’s notice in the State Register.

2.0 TECHNOLOGY-BASED EFFLUENT LIMITATIONS

To meet the effluent limitations in Part 2, you must implement treatment area-specific control measures that limit discharges of pesticides to surface waters of the State. The term “control measure” is defined in Appendix A.

2.1. Limit Pesticide Discharges to Surface Waters of the State. All operators, regardless of whether you are required to submit an NOI, must limit the discharge of pollutants resulting from the application of pesticides. All operators must also do the following:

2.1.1. Use an effective amount of pesticide product per application and optimize frequency of pesticide applications necessary to control the target pest (while avoiding over-application), consistent with reducing the potential for development of pest resistance and consistent with applicable label requirements;

2.1.2. Perform regular maintenance activities to reduce leaks, spills, or other unintended discharges of pesticides associated with the application of pesticides covered under this permit; and

2.1.3. Maintain pesticide application equipment in proper operating condition by adhering to any manufacturer’s conditions, and by calibrating, cleaning, and repairing such equipment on a regular basis to ensure effective pesticide application and pest control. You must ensure that the equipment’s rate of pesticide application is reasonably calibrated to deliver the appropriate quantity of pesticide needed to achieve effective control.

2.2. Integrated Pest Management (IPM) Practices (For Those Required to Submit NOIs)

This Part applies to any entity that is required to submit an NOI, as required in Part 1.2.2, including any pesticide applicator hired by such entity or any other employee, contractor, subcontractor or other agent. Note that IPM is only required for those pesticide use patterns exceeding an annual threshold.

If your discharge of pollutants results from the application of a pesticide that is being used solely for the purpose of “pesticide research and development,” as defined in Appendix A, you are not required to fully implement Part 2.2 for such discharge, but you still must implement Part 2.2 to the extent that its requirements do not compromise the research design.

If coverage under this permit is granted pursuant to Part 1.1.1.f, IPM is required if specified in the notice of coverage.

2.2.1. IPM for Pesticide Use Pattern # 1: Mosquito and Other Flying Insect Pest Control

This part applies to discharges from the application of pesticides for mosquito and other flying insect pest control as defined in Part 1.1.1.

2.2.1.1. Identify the Problem. Prior to the first pesticide application covered under this permit that will result in a discharge to surface waters of the State, and at least once each calendar year thereafter prior to the first pesticide application for that calendar year, you must do the following for “pest management areas”, as defined in Appendix A.

2.2.1.1.1 Establish densities for larval and adult mosquito or flying insect pest populations to serve as action threshold(s) for implementing pest management strategies, recognizing that public health emergencies may require alternative methods;

2.2.1.1.2 Identify target mosquito or flying insect pest species to develop species-specific or breeding habitat pest management strategies based on developmental and behavioral considerations for each species;

2.2.1.1.3 Identify known breeding sites for source reduction, larval control program, and habitat management;

2.2.1.1.4 Analyze existing surveillance data to identify new or unidentified sources of mosquito or flying insect pest problems as well as sites that have recurring pest problems; and

2.2.1.1.5 In the event there are no data for your pest management area in the past calendar year, see

Part 5 for documentation requirements regarding why current data are not available and the data you used to meet the permit conditions in Part 2.2.1.1.

2.2.1.2 Pest Management. Prior to the first pesticide application covered under this permit that will result in a discharge to surface waters of the State, and at least once each calendar year thereafter prior to the first pesticide application for that calendar year, you must select and implement, for pest management areas, efficient and effective means of pest management. In developing these pest management strategies, you must evaluate the following management options, considering impact to water quality, impact to non-target organisms, pest resistance, feasibility, and cost effectiveness:

a. No action

b. Prevention

c. Mechanical or physical methods

d. Cultural methods

e. Biological control agents

f. Pesticides

2.2.1.3 Pesticide Use. If a pesticide is selected to manage mosquitoes or flying insect pests and application of the pesticide will result in a discharge to a surface waters of the State, you must:

2.2.1.3.1 Conduct larval and/or adult surveillance prior to each pesticide application (unless its preventative application – see definition of Action Threshold in Appendix A) to assess the pest management area and to determine when action threshold(s) are met that necessitate the need for pest management;

2.2.1.3.2 Assess environmental conditions (e.g., temperature, precipitation, and wind speed) in the treatment area prior to each pesticide application to identify whether existing environmental conditions support development of pest populations and are suitable for control activities;

2.2.1.3.3 Reduce the impact on the environment and on non-target organisms by applying the pesticide only when the action threshold has been met;

2.2.1.3.4 In situations or locations where practicable and feasible for efficacious control, use larvicides as a preferred pesticide for mosquito or flying insect pest control when larval action thresholds have been met; and

2.2.1.3.5 In situations or locations where larvicide use is not practicable or feasible for efficacious control, use adulticides for mosquito or flying insect pest control when adult action thresholds have been met.

2.2.2 IPM for Pesticide Use Pattern # 2: Aquatic Weed and Algae Control

This part applies to discharges from the application of pesticides for aquatic weed and algae control as defined in Part 1.1.1.

2.2.2.1 Identify the Problem. Prior to the first pesticide application covered under this permit the following for “pest management areas”, as defined in Appendix A:

2.2.2.1.1 Identify areas with aquatic weed or algae problems and characterize the extent of the problems, including, for example, water use goals not attained (e.g., wildlife habitat, fisheries, vegetation, and recreation);

2.2.2.1.2 Identify target weed species;

2.2.2.1.3 Reserved;

2.2.2.1.4 Establish a protocol that draws on knowledge of past practices and effectiveness for implementing pest management strategies, factoring in any applicable aquatic weed or algae densities; and

2.2.2.1.5 In the event there are no data for your pest management area in the past calendar year, see the data you used to meet the permit conditions in Part 2.2.2.1.

2.2.2.2 Pest Management. Prior to the first pesticide application covered under this permit that year thereafter prior to the first pesticide application for that calendar year, you must select and implement, for pest management areas, efficient and effective means of pest management to control aquatic weeds or algae. In developing these pest management strategies, you must evaluate the following management options, considering impact to water quality, impact to non-target organisms, pest resistance, feasibility, and cost effectiveness:

c. Mechanical or physical methods

d. Cultural methods

2.2.2.3 Pesticide Use. If a pesticide is selected to manage aquatic weeds or algae and application of the pesticide will result in a discharge to surface waters of the State, you must:

2.2.2.3.1 Conduct surveillance prior to each pesticide application (unless its preventative application – see definition of Action Threshold in Appendix A) to assess the pest management area and to determine when the action threshold is met that necessitates the need for pest management.

2.2.2.3.2 Reduce the impact on the environment and non-target organisms by applying the pesticide only when the action threshold has been met.

2.2.3 IPM for Pesticide Use Pattern # 3: Aquatic Nuisance Animal Control

This part applies to discharges from the application of pesticides for aquatic nuisance animal control as defined in Part 1.1.1.

2.2.3.1 Identify the Problem. Prior to the first pesticide application covered under this permit the following for pest management areas:

2.2.3.1.1 Identify areas with aquatic nuisance animal problems and characterize the extent of the problems, including, for example, water use goals not attained (e.g., wildlife habitat, fisheries, vegetation, and recreation);

2.2.3.1.2 Identify target aquatic nuisance animal species;

2.2.3.1.3 Identify possible factors causing or contributing to the problem (e.g., nutrients, invasive species);

2.2.3.1.4 Establish a protocol that draws on knowledge of past practices and effectiveness for implementing pest management strategies, factoring in any applicable aquatic nuisance animal densities; and

2.2.3.1.5 In the event there are no data for your pest management area in the past calendar year, see the data you used to meet the permit conditions in Part 2.2.3.1.

2.2.3.2 Pest Management. Prior to the first pesticide application covered under this permit that will result in a discharge to surface waters of the State, and at least once each year thereafter prior to the first pesticide application during that calendar year, you must select and implement, for pest management areas, efficient and effective means of pest management to control aquatic nuisance animals. In developing these pest management strategies, you must evaluate the following management options, considering impact to water quality, impact to non-target organisms, pest resistance, feasibility, and cost effectiveness:

c. Mechanical or physical methods

d. Biological control agents

e. Pesticides

2.2.3.3 Pesticide Use. If a pesticide is selected to manage aquatic nuisance animals and application of the pesticide will result in a discharge to surface waters of the State, you must:

2.2.3.3.1 Conduct surveillance prior to each application (unless its preventative application – see definition of Action Threshold in Appendix A) to assess the pest management area and to determine when the action threshold is met that necessitates the need for pest management; and

2.2.3.3.2 Reduce the impact on the environment and non-target organisms by applying the pesticide only when the action threshold has been met.

2.2.4 IPM for Pesticide Use Pattern # 4: Forest Pest Control

This part applies to discharges from the application of pesticides for forest pest control as defined in Part 1.1.1.

2.2.4.1 Identify the Problem. Prior to the first pesticide application covered under this permit year thereafter prior to the first pesticide application in that calendar year, you must do the following for “pest management areas”, as defined in Appendix A:

2.2.4.1.1 Establish target pest densities to serve as action threshold(s) for implementing pest management strategies;

2.2.4.1.2 Identify target species to develop a species-specific pest management strategy based on developmental and behavioral considerations for each species;

2.2.4.1.3 Identify current distribution of the target pest and assess potential distribution in the absence of control measures; and

2.2.4.1.4 In the event there are no data for your pest management area in the past calendar year, see the data you used to meet the permit conditions in Part 2.2.4.1.

2.2.4.2 Pest Management. Prior to the first pesticide application covered under this permit that year thereafter prior to the first pesticide application for that calendar year, you must select and implement for pest management areas efficient and effective means of pest management to control forestry pests. In developing these pest management strategies, you must evaluate the following management options, considering impact to water quality, impact to non-target organisms, pest resistance, feasibility, and cost effectiveness:

c. Mechanical or physical methods

d. Cultural methods

2.2.4.3 Pesticide Use. If a pesticide is selected to manage forestry pests and application of the pesticide will result in a discharge to surface waters of the State, you must:

2.2.4.3.1 Conduct surveillance prior to each application (unless its preventative application – see determine when the pest action threshold is met that necessitates the need for pest management;

2.2.4.3.2 Assess environmental conditions (e.g., temperature, precipitation, and wind speed) in the treatment area to identify conditions that support target pest development and are conducive for treatment activities;

2.2.4.3.3 Reduce the impact on the environment and non-target organisms by applying the pesticide only when the action thresholds have been met; and

2.2.4.3.4 Evaluate using pesticides against the most susceptible developmental stage.

2.2.5 IPM for Pesticide Use Pattern # 5: Intrusive Vegetation Control

2.2.5.1 Identify the Problem. Prior to the first pesticide application covered under this permit that will result in a discharge to surface waters of the State, and at least once each calendar year thereafter prior to the first pesticide application in that calendar year, you must do the following for “pest management areas”, as defined in Appendix A:

2.2.5.1.1 Identify, as best possible, target pests (e.g., woody vegetation, aggressive vines) to develop a pest management strategy;

2.2.5.1.2 Identify, as best possible, current distribution of the target pest and assess potential distribution in the absence of control measures; and

2.2.5.1.3 In the event there are no data for your pest management area in the past calendar year, see Part 5 for documentation requirements regarding why current data are not available and the data you used to meet the permit conditions in Part 2.2.5.1.

2.2.5.2 Pest Management. Prior to the first pesticide application covered under this permit that will result in a discharge to surface waters of the State, and at least once each calendar year thereafter prior to the first pesticide application for that calendar year, you must select and implement, for pest management areas, efficient and effective means of pest management to intrusive vegetation. In developing these pest management strategies, you must evaluate the following management options, considering impact to water quality, impact to non-target organisms, pest resistance, feasibility, and cost effectiveness:

a. No action

b. Prevention

c. Mechanical or physical methods

d. Reserved

2.2.5.3 Pesticide Use. If a pesticide is selected to manage intrusive vegetation along rights of way and application of the pesticide will result in a discharge to surface waters of the State, you must:

2.2.5.3.1 Conduct surveillance prior to each application (unless its preventative application – see determine when the action threshold is met that necessitates the need for pest management; and

2.2.5.3.2 Assess environmental conditions (e.g., temperature, precipitation, and wind speed) in the treatment area to identify conditions that support target pest development and are conducive for treatment activities; and

2.2.5.3.3 Reduce the impact on the environment and non-target organisms by applying the pesticide only when the action thresholds have been met.

3.0 WATER QUALITY-BASED EFFLUENT LIMITATIONS

Your discharge must be controlled as necessary to meet applicable water quality standards.

If at any time you become aware, or the Department notifies you, that your discharge causes or contributes to an excursion of applicable water quality standards, you must take corrective action as required in Part 6.

4.0 MONITORING

4.1 Monitoring Requirements for Pesticide Applicators. You must monitor the amount of pesticide applied to ensure that you are using the appropriate amount, consistent with applicable labeling, to effectively control the pest, consistent with reducing the potential for development of pest resistance. You must also monitor your pesticide application activities to ensure you are performing regular maintenance activities and to ensure that your application equipment is in proper operating condition to reduce the potential for leaks, spills, or other unintended discharge of pesticides to surface waters of the State.

Additionally, you must monitor your pesticide application activities to ensure that the application equipment is in proper operating condition by adhering to any manufacturer’s conditions, and by calibrating, cleaning, and repairing equipment on a regular basis.

Monitoring in this context is not ambient monitoring of surface waters of the State.

4.2 Visual Monitoring Requirements for Operators

4.2.1 Visual Monitoring During Pesticide Application. The owner or the for-hire applicator covered under this permit must conduct spot checks/visual assessments during pesticide application (when safe and feasible) in the area in and around where pesticides are applied for possible and observable “adverse incidents”, as defined in Appendix A, caused by application of pesticides, including but not limited to the unanticipated death or distress of non-target organisms and disruption of wildlife habitat, recreational or municipal water use.

4.2.2 Visual Monitoring After Pesticide Application. The owner or the for-hire applicator covered under this permit must conduct post-application spot checks/visual assessments (when safe and feasible) in the area in and around where pesticides were applied for possible and observable “adverse incidents”, as defined in Appendix A, caused by application of pesticides, including but not limited to the unanticipated death or distress of non-target organisms and disruption of wildlife habitat, recreational or municipal water use.

5.0. PESTICIDE DISCHARGE MANAGEMENT PLAN (PDMP)

This Part applies to any operator required to submit an NOI, as required in Part 1.2.2, except for for-hire applicators and those solely performing pesticide research and development under Part 1.2.2(c). If coverage is granted pursuant to Part 1.1.1.f, a PDMP is required if specified in the notice of coverage. All other owners that are required to submit an NOI are required to have a PDMP. If an NOI is submitted that is not required by Part 1.2.2 (at the discretion of the operator because the activity will be below the threshold(s)), a corresponding PDMP is not required.

Some sections of the PDMP will require input from the pesticide applicator. This plan could be a plan developed to satisfy other programs that regulate pesticide use as long as the requirements of this permit are satisfied. The PDMP must cover those pesticide use patterns that exceed or are expected to exceed a threshold in Table 1.

If you are required to have a PDMP for your pest management area, this plan must be available to the Department to review upon request. You must keep the plan up-to-date thereafter for the duration of coverage under this general permit, even if your discharges subsequently fall below the applicable NOI threshold. You must develop a PDMP consistent with the deadline outlined in Table 3 below.

Table 3. Pesticide Discharge Management Plan Deadline

Category PDMP Deadline

Operators not required to submit an NOI. Not applicable

Operators who are owners who know or should have reasonably known, prior to commencement of discharge, that they will exceed an annual treatment area threshold identified in Part 1.2.2 for that year.

Prior to January of the year following the effective date of the permit.

Operators who are owners who do not know or would reasonably not know until after commencement of discharge, that they will exceed an annual treatment area threshold identified in Part 1.2.2 for that year.

Prior to exceeding an annual treatment area threshold.

Operators who are owners commencing discharge in response to a “declared pest emergency situation” as defined in Appendix A that will cause the operator to exceed an annual treatment area threshold.

No later than 90 days after responding to declared pest emergency situation.

The PDMP does not contain effluent limitations; the limitations are contained in Parts 2 and 3 of the permit. The PDMP documents how you will implement the effluent limitations in Parts 2 and 3 of the permit, including your evaluation and selection of control measures to meet those effluent limitations. In your PDMP, you may incorporate by reference any procedures or plans in other documents that meet the requirements of this permit. If you rely upon other documents to describe how you will comply with the effluent limitations in this permit, such as a pre-existing integrated pest management (IPM) plan, such information must be available upon request. All operators subject to the effluent limitations described above must implement control measures to satisfy the effluent limitations in Parts 2 and 3. This includes the operator who submitted the NOI as well as any employees, contractors, subcontractors, or other agents. The control measures implemented must be documented and the documentation must be kept up-to-date.

5.1 Contents of Your PDMP

Your PDMP must include the following elements, the level of detail should match the scope and complexity of your program:

a. PEOPLE INVOLVED WITH THE PROGRAM, including key management personnel

b. PEST MANAGEMENT AREA DESCRIPTION

c. CONTROL MEASURE DESCRIPTION

d. SCHEDULES AND PROCEDURES

1. PERTAINING TO CONTROL MEASURES USED TO COMPLY WITH THE EFFLUENT

LIMITATIONS IN PART 2, procedures to implement these provisions

2. PERTAINING TO OTHER ACTIONS NECESSARY, information about:

a. SPILL RESPONSE PROCEDURES

b. ADVERSE INCIDENT RESPONSE PROCEDURES

c. PESTICIDE MONITORING SCHEDULES AND PROCEDURES

e. SIGNATURE REQUIREMENTS.

5.1.1 People Involved with the Program. You must identify all the relevant persons (by name and contact information) involved in the program as well as each person’s individual responsibilities, including:

a. Person(s) responsible for managing pests in relation to the pest management area;

b. Person(s) responsible for implementing corrective actions and other effluent limitation requirements; and

c. Person(s) responsible for pesticide applications. If the pesticide applicator is unknown at the time of plan development, indicate whether or not a for-hire applicator will be used and when you anticipate that you will identify the applicator.

Identification of personnel must include any written agreement(s) between you and any other operator(s), such as a for-hire pesticide applicator, that specify the division of responsibilities between operators as necessary to comply with the provisions of this permit.

5.1.2 Pest Management Area Description. You must document the following:

a. Pest problem description. Describe the pest problem at your pest management area, including identification of the target pest(s), source of the pest problem, and source of data used to identify the problem in Parts 2.2.1, 2.2.2, 2.2.3, 2.2.4, and 2.2.5;

b. Action Threshold(s). Describe the action threshold(s) for your pest management area, including a description of how they were determined;

c. General location map. In the plan, include a general location map (e.g., USGS quadrangle map, a portion of a city or county map, or other map) that identifies the geographic boundaries of the area to which the plan applies and location of the surface waters…