National Pollutant Discharge Elimination System (NPDES)

According to the Ninth 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.

• Current Permits
• News
• Archives
• Contact Information

Current Permits

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

News

• U.S. EPA Final Rule (1/02/07)

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.

• 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 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
    
    
• 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
  
  
• 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
    
    
• Fee Structure
  • Information

Archives

• Department of Fish and Game Silver King Creek Rotenone Project (7/13/05)
  • WQO 2005-0010-DWQ
    

Contact Information

• Erin Mustain
  (916) 445-9379
  emustain@waterboards.ca.gov

( updated 3/27/07 )