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Federal Permit Required for use of Aquatic Pesticides
On October 31, 2011, EPA issued a final National Pollutant Discharge Elimination System - Pesticide General Permit for point source discharges from the application of pesticides to waters of the United States. This action was in response to a 2009 decision by the U.S. Sixth Circuit Court of Appeals in which the court vacated EPA's 2006 Final Rule on Aquatic Pesticides and found that point source discharges of biological pesticides, and chemical pesticides that leave a residue, into waters of the U.S. were pollutants under the Clean Water Act.
As a result of the court's decision, permits are generally required for these types of discharges as of October 31, 2011. This permit covers Operators that apply pesticides that result in discharges from the following use patterns: (1) mosquito and other flying insect pest control; (2) weed and algae control; (3) animal pest control; and (4) forest canopy pest control.
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