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Water Management Associations
Discharge Permit required for Weed Control

Federal pesticide legislation was first passed in the United States in 1910. The intent of the legislation was simply to reduce economic exploitation of farmers by manufacturers and distributors of ineffective pesticides. Congress did not address the potential risks to human health posed by pesticide products until it enacted Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) in 1947. Broader concerns about long- and short-term toxicity effects of pesticides on people, wildlife, food, and the environment led to a complete revision of FIFRA in 1972. The 1972 law completely replaced the original 1947 law, and is the basis of current federal policy.

In 1972, Congress also passed the federal Clean Water Act which was intended to address water quality impacts in the United States. Until 2009, FIFRA was the governing legislation over pesticide use. If pesticides were used in water bodies in accordance with FIFRA, no Clean Water Act permits were required.

However, in 2009, the Sixth Circuit Court of Appeals ruled that the application of pesticides to water bodies in the United States required a National Pollutant Discharge Elimination System (NPDES) permits issued under the federal Clean Water Act. Activities required to follow the permits guidelines include, mosquito and flying insect pest control, weed and algae control, aerial pest control, ditch and stream bank pest control, and publicly declared pest emergencies.

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Barley vs Algae - Bales of pelletized barley placed in ponds and then harvested in summer allows beneficial plants to continue growing and reduces the algae.

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