National Pollutant Discharge Elimination System (NPDES)

AQUATIC PESTICIDES

According to the Sixth Circuit Court, the application of pesticides into waters of the United States, or onto aquatic plants growing in waters of the United States, results in discharges of pollutants and requires coverage under a National Pollutant Discharge Elimination System (NPDES) permit. Below are links to the two current Statewide General NPDES Permits, as well as the permit that previously regulated these discharges. Additionally, there is information regarding the State Water Resources Control Board's interpretation on the regulatory requirements and the current fee schedule.

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Current Permits

• Water Quality Order 2004-0008-DWQ - Vector Control
• Water Quality Order 2004-0009-DWQ - Weed Control (modified June 7, 2006)

Fees and NOIs

• Information about applicable fees
  • Vector Control (Larvacides) NOI
  • Weed Control NOI

News

• Preliminary Draft Adulticides Permit - Notice of Opportunity to Provide Informal Comments
• The Sixth Circuit U.S. Court of Appeals Decisions
  • The Sixth Circuit Court Decision on June 8, 2009
    On June 8, 2009, the Sixth Circuit granted the motion for a two-year stay of the effect of the National Cotton Council of America v. USEPA. The USEPA exemption will remain in effect until April 9, 2011.
  • The Sixth Circuit Court Decision on January 7, 2009
    On January 7, 2009, the Sixth Circuit Court decided that the U.S. EPA’s Final Rule is not a reasonable interpretation of the CWA and vacated the Final Rule.
  • USEPA Final Rule
    On November 20, 2006, the United States Environmental Protection Agency (EPA) issued its final rule on aquatic pesticides. This rule would eliminate the need for a National Pollutant Discharge Elimination System (NPDES) permit for the application of pesticides to waters, if the application is made in accordance with Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) labels. See Memorandum.
    
    The aquatic pesticide permits will remain in effect as NPDES permits. Dischargers who wish to terminate coverage must submit a Notice of Termination (NOT).
    • NOT for Water Quality Order 2004-0008-DWQ (Vector Control)
    • NOT for Water Quality Order 2004-0009-DWQ (Weed Control)
    • Instructions for filling out the NOT (Weed and Vector Control forms)

Aquatic Pesticides Monitoring Program - SFEI Reports

Archives

• Aquatic Weed Control Permit Reopener Hearing (6/13/06)
  • Resolution 2006-0039
  • Modified Water Quality Order 2004-0009-DWQ
• Rescission of the NPDES permit for the Department of Fish and Game Silver King Creek Rotenone Project
  • WQO 2005-0012-DWQ
• Regulation of Aquatic Pesticides Following the Ninth Circuit Decision in Fairhurst v. Hagener (10/05/05)
  • Memorandum
  • Aquatic Pesticide Matrix
• Aquatic Weed Control Permit Reopener Hearing (9/9/05)
  • Resolution No. 2005-0062
  • Modified Water Quality Order 2004-0009-DWQ
• The Ninth Circuit Court Decision in Fairhurst v. Hagener (9/8/05)
  • Fairhurst v. Hagener
  Aquatic Weed Control Permit Reopener Hearing (6/27/05)
  • Resolution 2005-0046
  • Attachment E, Modified Water Quality Order No. 2004-0009-DWQ
• Water Board comments on U.S. EPA's draft rule regarding permit requirements for pesticide applications in compliance with FIFRA (4/14/05)
  • Comments
  • Attachment
  • U.S. EPA's proposed rule
• Aquatic Weed Control Permit Reopener Hearing (12/09/04)
  • Resolution 2004-0081
  • Attachment E, Modified Water Quality Order No. 2004-0009-DWQ
• The Ninth Circuit Court Decision in League of Wilderness Defenders v. Forsgren (11/4/02)
  • League of Wilderness Defenders v. Forsgren
• Discharges of Aquatic Pesticides for Vector Control
  • Water Quality Order 2004-0008-DWQ
• Discharge of Aquatic Pesticides for Aquatic Weed Control
  • Water Quality Order 2004-0009-DWQ
• Previous Aquatic Pesticide Permit
  • Water Quality Order 2001-12-DWQ
• Regulation of Discharges of Aquatic Pesticides
  • Memorandum from Craig M. Wilson, Chief Counsel, April 8, 2002 -
    Discusses an interpretive statement by the U.S. EPA
• The Ninth Circuit Court Decision in Headwaters, Inc. v. Talent Irrigation District (3/12/01)
  • Headwaters, Inc. v. Talent Irrigation District
• CEQA Documents
  • Application of Copper to the State Water Project to Control Aquatic Weeds and Algal Blooms - Department of Water Resources
  • Aquatic Herbicide NPDES Permit - Application for Categorical Exception for Acrolein - Byron-Bethany Irrigation District
  • Aquatic Pesticide Application Program for the Oakdale Irrigation District
  • Aquatic Pesticide Application Program for Unlined and Partially Lined Canals - Turlock Irrigation District
  • Draft National Pollutant Discharge Elimination System (NPDES) permit for the application of aquatic pesticides - CEQA Documentation and other State Implementation Plan Section 5.3 Requirements - Friant Water Users Authority
  • Modesto Irrigation District CEQA Document Submission for 2004 Statewide General Permit for Aquatic Pesticides
  • Nevada Irrigation District Request for Administrative Extension of Statewide General Permit No. CAG 9900 03, Aquatic Pesticides General Permit
  • Notice of Intent To Comply with the Terms of Water Quality Order No 2004-__DWQ - Marin Municipal Water District
  • Placer County Water Agency General NPDES Permit No. CAG990003
  • Solano Irrigation District Application of Aquatic Herbicides - NPDES Permit
  • South Feather Water & Power Agency Request for Administrative Extension Statewide General Permit No. CAG 990003, Aquatic Pesticides General Permit
  • Statewide General National Pollutant Discharge Elimination System Permit for Discharge of Aquatic Pesticides for Aquatic Weed Control in Irrigation Systems, Drinking Water Canals, and Surface Water Impoundments that are Waters in the United States - Contra Costa Water District
  • The Application of Copper Sulfate to Lake Mathews, Lake Skinner, and Diamond Valley Lake to Control Algal Blooms - Metropolitan Water District of Southern California
  • The Control of Algae in Lined Channels - Contra Costa County Flood Control and Water Conservation District
  • The Control of Aquatic Weeds in Irrigation Canals Using Copper and Acrolein - Provident Irrigation District
  • The Use of Copper and Acrolein to Control Aquatic Weeds in Irrigation Canals - Tehama Colusa Canal Authority
  • The Use of Copper and Acrolein to Control Aquatic Weeds in Water Conveyances - Princeton-Codora-Glenn Irrigation District
  • The Use of Copper and Acrolein to Control Aquatic Weeds in Water Conveyances - Reclamation District 1004
  • The Use of Copper and Acrolein to Control Aquatic Weeds in Water Conveyances - South Sutter Water District
  • The Use of Copper to Control Aquatic Weeds in Irrigation and Stormwater Canals and Ditches - Yolo County Flood Control & Water Conservation District
  • The Use of Copper to Control Aquatic Weeds in Loch Lomond Reservoir - Santa Cruz Water Department
  • The Use of Copper to Control Aquatic Weeds in Water Conveyances - Potter Valley Irrigation District
  • The Use of Copper to Control Aquatic Weeds in Stafford Lake - North Marin Water District
  • Use of Acrolein and Copper-Containing Herbicides To Control Aquatic Weeds in Water Conveyances - Glen Colusa Irrigation District
  • Use of Acrolein and Copper-Containing Herbicides To Control Aquatic Weeds in Water Conveyances - Maine Prairie Water District
  • Use of Copper To Control Aquatic Weeds in Antioch Municipal Reservoir - City of Antioch Dept. of Public Works
  • Woodbridge Irrigation District: Algae/Aquatic Weed Control Program
• Department of Fish and Game Silver King Creek Rotenone Project (7/13/05)
  • WQO 2005-0010-DWQ

Questions or Comments?

• Please email Trinh Pham or call 916 327-8117

(Updated 1/29/09)