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National Pollutant Discharge Elimination System (NPDES) - Pesticide Permits

Aquatic Pesticide Archives

This web page contains historical documents of the Aquatic Pesticides Programs. Search for your document in the following areas of interest or search for a document by pressing Ctrl+F and typing in a keyword.


General Information - Archives

  • The Sixth Circuit U.S. Court of Appeals Decisions
    • The Sixth Circuit Court Decision on March 28, 2011 (Extension of Stay)
      On March 28, 2011, the United States Court of Appeals, Sixth Circuit, granted a motion to extend the stay currently in place in the matter of National Cotton Council of America v. U.S. EPA,553 F.3d 927 (2009). The stay of the Court's 2009 decision is now effective until October 31, 2011. As a result of this extension, the federal regulation exempting pesticide discharges in compliance with FIFRA from the requirement to apply for an NPDES permit continues in effect through October 31. Until that time, persons applying pesticides have no affirmative duty to apply for an NPDES permit, in accordance with federal law.

      Those who have previously applied for coverage under the three pesticide discharge permits adopted by the State Water Board on March 1, 2011 and the Weed Control Permit (Water Quality Order No. 2004-0009-DWQ), must submit a notice of termination if they do not intend to comply with the applicable permit. Once the stay expires, a new application for coverage will be required.
    • The Sixth Circuit Court Decision on June 8, 2009 (Two-Year Stay)
      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. United States Environmental Protection Agency (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 USEPA Final Rule is not a reasonable interpretation of the CWA and vacated the Final Rule.
    • U.S.EPA Final Rule  and (memorandum)
      On November 20, 2006, the U.S.EPA issued its final rule on aquatic pesticides. This rule would eliminate the need for a 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.
  • Rescission NPDES Permit WQO 2005-0010-DWQ for the Department of Fish and Game (DFG) Silver King Creek Rotenone Project
  • Regulation of Aquatic Pesticides Following the Ninth Circuit Decision in Fairhurst v. Hagener (10/05/05)
  • The Ninth Circuit Court Decision in Fairhurst v. Hagener (9/8/05)
  • Water Board Comments on USEPA Draft Rule Regarding Permit Requirements for Pesticide Applications in Compliance with FIFRA (4/14/05)
  • The Ninth Circuit Court Decision in League of Wilderness Defenders v. Forsgren (11/4/02)
  • Water Quality Order 2001-12-DWQ Adopted on July 19, 2001, Rescinded by WQOs 2004-0008-DWQ (larvicide discharges for vector control) and WQO 2004-0009-DWQ (aquatic herbicide discharges for weed control) on May 20, 2004
  • Regulation of Discharges of Aquatic Pesticides
    • Memorandum from Craig M. Wilson, Chief Counsel, April 8, 2002 - Discusses an interpretive statement by the USEPA
  • The Ninth Circuit Court Decision in Headwaters, Inc. v. Talent Irrigation District (3/12/01)
  • DFG Silver King Creek Rotenone Project (7/13/05)

Aquatic Animal Invasive Species - Archives

Aquatic Animal Invasive Species Control  »»   Aquatic Animal Invasive Species Control Program Page

Spray Applications - Archives

Spray Applications  »» Spray Applications Program Page

Vector Control - Archives

Vector Control  »» Vector Control Program Page

Weed Control - Archives

Weed Control  »» Weed Control Program Page