National Pollutant Discharge Elimination System (NPDES)
The State Water Resources Control Board adopted the Statewide General National Pollutant Discharge Elimination System (NPDES) Permit for Residual Aquatic Pesticide Discharges to Waters of the United States from Algae and Aquatic Weed Control Applications, Water Quality Order 2013-0002-DWQ, for the reissuance of General NPDES Permit CAG990005 in June 2013. Order 2013-0002-DWQ became effective on December 1, 2013.
Except for discharges on tribal lands that are regulated by a federal permit, this General Permit covers the point source discharge to waters of the United States of residues resulting from pesticide applications using products containing 2,4-D, acrolein, copper, diquat, endothall, fluridone, glyphosate, imazamox, imazapyr, penoxsulam, sodium carbonate peroxyhydrate, and triclopyr-based algaecides and aquatic herbicides, and adjuvants containing ingredients represented by the surrogate nonylphenol.
This General Permit covers only discharges of algaecides, and aquatic herbicides that are currently registered for use in California, or that become registered for use and contain the above-listed active ingredients and ingredients represented by the surrogate of nonylphenol.
To apply for coverage under Order 2013-0002-DWQ, submit Items 1-3 to the address shown in Item 4 below:
- A Notice of Intent shown as Attachment E of Order 2013-0002-DWQ, signed in accordance with the signatory requirements of the Standard Provisions in Attachment B;
- An application fee of $2062 (New fee amount for FY13/14.) A fee is required only for new dischargers. Dischargers that were enrolled under Order 2004-0009-DWQ should have been billed in October 2013. If they have paid their bill and are applying for coverage under Order 2013-0002-DWQ, they do not need to submit a filing fee since they will be billed during the regular billing cycle;
- An Aquatic Pesticide Application Plan (APAP). Dischargers that were enrolled in Order 2004-0009-DWQ may not have to submit a new APAP, but will have to amend their existing APAP to comply with requirements of the Order 2013-0002-DWQ. See Section VIII.C, page 9, of the Order 2013-0002-DWQ for details; and
- Mailing Address: NPDES Wastewater Unit, State Water Resources Control Board, 1001 I Street, 15th Floor, Sacramento, CA 95814
Staff is proposing to amend Order 2013-0002-DWQ (as amended by Order 2014-0078-DWQ, 2015-0029-DWQ, and 2016-0074-EXEC) to add South San Joaquin Irrigation District and Madera-Chowchilla Water & Power Authority to the SIP exception list in Attachment G of the permit. The Draft Order, Public Notice, and SIP Exception CEQA documentation are available for review in the following links:
- Draft Order Amending Order 2013-0002-DWQ (as amended by Order 2014-0078-DWQ, 2015-0029-DWQ, and 2016-0074-EXEC)
- Notice of Public Review - comment deadline: by Noon, July 24, 2017
- CEQA Documents
Sixth Circuit Court Ruling on National Cotton Council of America v. U.S. EPA (553 F.3d 927 (6th Cir., 2009))
On January 11, 2009, the Sixth Circuit Court of Appeals ruled that pesticide applications at, near, or over water must be covered by an NPDES permit. Thus, algaecide and aquatic herbicide applications in California must be covered by the Aquatic Weed Control Permit currently being implemented under State Water Board Order 2013-0002-DWQ.
State Implementation Policy Exception for Acrolein and Copper
Section 5.3 of the State Water Board Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California or SIP allows exceptions to meeting priority pollutant criteria/objectives if the State Water Board or Regional Water Quality Control Boards determine the exception to be necessary to implement control measures either:
- for resource or pest management (i.e., vector or weed control, pest eradication, or fishery management) conducted by public entities or mutual water companies;
- for drinking water conducted to fulfill statutory requirements under the federal Safe Drinking Water Act or the California Health and Safety Code.
Dischargers do not need a SIP exception to get covered under State Water Board Order 2013-0002-DWQ. However, since the order allows an exception to receiving water limitations for acrolein and copper, which are the only two priority pollutants regulated by the order, dischargers may apply for an exception at their discretion. To get an exception, dischargers must submit the following information to the address shown in Item 4 above:
- A detailed description of the proposed action, including the proposed method of completing the action;
- A time schedule;
- A discharge and receiving water quality monitoring plan (before project initiation, during the project, and after project completion, with the appropriate quality assurance and quality control procedures);
- Documentation of compliance with the California Environmental Quality Act;
- Contingency plans;
- Identification of alternate water supply (if needed); and
- Residual waste disposal plans.
Upon completion of the project, the discharger shall provide certification by a qualified biologist that the receiving water beneficial uses have been restored.
- Current Permit: Water Quality Order 2013-0002-DWQ (effective 12/01/2013, expires 11/30/2018)
Note, this permit is not conformed for amendments made by Water Quality Order 2014-0078-DWQ on 5/20/2014, Water Quality Order 2015-0029-DWQ on March 3, 2015, and Water Quality Order 2016-0073-EXEC on June 30, 2016. See also the amending Orders below for full permit requirements
- Order 2014-0078-DWQ Amending Order 2013-0002-DWQ (effective 5/20/2014)
- Order 2015-0029-DWQ Amending Order 2013-0002-DWQ (effective 3/3/2015)
- Order 2016-0073-EXEC Amending Order 2013-0002-DWQ (effective 6/30/2016)
- New Fee Amount - See Fee Schedule for updated fee amount
- Notice of Intent (NOI) Form (for use with 2013-0002-DWQ)
- Notice of Termination (NOT) Form (for use with 2013-0002-DWQ)
- List of Enrollees »» Use Order Number "2013-0002-DWQ" to Run Report
- Presentation Slides »» (used during outreach efforts)
- List of Enrollees »» Use Order Number "2004-0009-DWQ" to Run Report
- Fee Schedule (NPDES Permit Fees)
- Vector Control - See Section 2200(b)(6) for the permit term fee.
- Other Pesticides Permits - See Category 3 of Section 2200(b)(9) for the base annual fee. Add a 21 percent surcharge for the total annual fee.
Please Note: The California Water Code requires the State Water Board to adjust the fees each fiscal year to conform with the revenue levels set forth in the California Budget Act. Thus, the fees could change every year.
- Any pending Board item is subject to the ex parte communication disclosure requirements of Water Code section 13287. Any communications between interested persons and board members (other than at a noticed board meeting or submitted as a comment letter in compliance with the public notice) must be disclosed by the interested person within seven days of the communication. Sample disclosure forms are available.
Beginning 14 days before scheduled adoption by the Board, ex parte communications between interested persons and board members concerning any Board item are prohibited.
Notice of Intents (NOI), Aquatic Pesticide Application Plans (APAP), and Notice of Terminations (NOT)
|Applicant/Discharger||Notice of Intent (NOI) / Aquatic Pesticide Application Plan (APAP)||Comments Due||Revised Aquatic Pesticide Application Plan (APAP)||Notice of Termination (NOT)|
|San Diego County Water Authority||NOI & APAP||01/12/15|
|Woodbridge Mutual Water and Property Owners Corporation||NOI & APAP||01/19/15|
|Solano County Water Agency||NOI & APAP||01/19/15||NOI & APAP|
|Coastal San Luis Resource Conservation District||NOI & APAP||02/06/15|
|Orland Unit Water User's Association||NOI & APAP||02/06/15|
|County of Los Angeles Department of Parks and Recreation||NOI & APAP||02/13/15|
|Stone Lake National Wildlife Refuge||NOI & APAP||02/27/15|
|Santa Fe Irrigation District||NOI & APAP||02/27/15|
|California Department of Water Resources||NOI & APAP||03/09/15||NOI & APAP|
|Riverside County Flood Control and Water Conservation District||NOI & APAP||03/09/15||NOI & APAP|
|Big Bear Municipal Water District||NOI & APAP||04/06/15||NOI & APAP|
|RD1500/Sutter Mutual Water Company||NOI & APAP||05/21/15|
|Reclamation District 1001||NOI & APAP||05/21/15|
|Riverview Golf and Country Club||NOI & APAP||05/21/15|
|Fresno Irrigation District||NOI & APAP||05/21/15||NOI & APAP|
|Anderson Cottonwood Irrigation District||NOI & APAP||05/26/15|
|Clean Lakes - Sacramento-San Joaquin Delta||NOI & APAP||07/06/15|
|City of Sacramento, Department of Utilities||NOI & APAP||08/14/15||NOI & APAP|
|Riverside Public Utilities||NOI & APAP||08/20/15|
|Center for Natural Lands Management||NOI & APAP||09/04/15|
|City of San Diego Park and Recreation Department, Open Space Division||NOI & APAP||09/14/15|
|Land Conservancy of San Luis Obispo County||NOI & APAP||09/15/15|
|City of San Jose – Dept. of Transportation||NOI & APAP||04/29/16|
|Cameron Park Community Services District||NOI & APAP||05/13/16|
|Sonoma Development Center - Plant Operations||NOI & APAP||05/13/16|
|Madera Irrigation District||NOI & APAP||06/06/16||NOI & APAP|
|Madera-Chowchilla Water & Power Authority||NOI & APAP||06/06/16|
|California Department of Water Resources||NOI & APAP||06/20/16||NOI & APAP|
|City of Long Beach, Department of Parks, Recreation and Marine||NOI & APAP||07/11/16|
|Los Angeles Department of Water and Power||NOI & APAP||08/15/16||NOI & APAP|
|Fresno Metropolitan Flood Control District||NOI & APAP||09/02/16||NOI & APAP|
|Sacramento County, Department of Water Resources||NOI & APAP||09/05/16|
|Turlock Irrigation District||NOI & APAP||09/26/16||NOI &APAP|
|Grassland Water District||NOI & APAP||09/26/16|
|Riverside-Corona Resource Conservation District||NOI & APAP||09/26/16|
|Placer County Water Agency||NOI & APAP||09/30/16||NOI &APAP|
|East Bay Municipal Utility District||NOI & APAP||12/05/16||NOI & APAP|
|City of Eureka, Parks & Recreation Department||NOI & APAP||05/26/17|
|Waterworks Industries||NOI & APAP||05/26/17||NOI & APAP|
|Teichert Land Company||NOI & APAP||06/19/17||NOI & APAP|
|City of Redwood City, Public Works Division||NOI & APAP||06/22/17||NOI & APAP|
|Central California Irrigation District||NOI & APAP||08/07/17||NOI & APAP|
|Waterworks Aquatic Management – Treelake Village||NOI & APAP||08/14/17||NOI & APAP|
|Tahoe Keys - Property Owners Association||NOI & APAP||08/31/17|
|City of Napa Water Division||05/20/18||NOI & APAP|
|Willow Creek Ranch Pond Aquatic Plant Management||NOI & APAP||05/20/18|
|Oakdale Irrigation District||05/20/18||NOI & APAP|
|Citizens Development Corporation||NOI & APAP||05/20/18|
|Firebaugh Canal Water District||NOI & APAP||05/20/18|
|Marine Corps Air Station Miramar||NOI & APAP||05/27/18|
|Chowchilla Water District||NOI & APAP||06/16/18|
|Rancho Murieta Community Service District||NOI & APAP||06/16/18|
|Waterworks Industries Inc.||NOI & APAP||08/02/18||NOI & APAP|
|Marin Municipal Water District||NOI& APAP||08/03/18||NOI & APAP|
|San Luis & Delta-Mendota Water Authority||NOI & APAP||09/15/18|
|Los Angeles Department of Water and Power||NOI & APAP||09/16/18||NOI & APAP|
|South Sutter Water District||09/15/18||NOI & APAP|
|Travis Air Force Base||12/06/18||NOI & APAP|
Comments may be submitted via email to: Armando Martinez, WRCE at Armando.Martinez@waterboards.ca.gov or by mail to: Armando Martinez, WRCE at State Water Resources Control Board, Division of Water Quality, 1001 I St, 15th Floor, Sacramento, CA 95814. Comments received after Noon on the comment due date will not be considered.
Additional InformationWeed Control permit presentation for EPA Region 9 Harmful Algal Blooms Meeting (4/27/2017):
- Armando Martinez