Contact: Cori Rude-Young, 651-322-7945, 800-657-3864
St. Paul, Minn. -- Public comments are now being accepted for a proposed National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) Pesticide General Permit. The Minnesota Pollution Control Agency (MPCA) will accept comments through Feb. 17, 2011.
In 2009, the 6th Circuit Court of Appeals ruled that NPDES permits were required for all biological and chemical pesticide applications that leave a residue in water when such applications are made in or over, including near, waters of the United States.
In accordance with that federal ruling, the MPCA drafted a NPDES/SDS Pesticide General Permit covering anyone who discharges a pesticide to a water of the state under one of the following pesticide use patterns:
- Mosquito and other flying insect pest control
- Forest canopy pest control
- Aquatic nuisance animal pest control
- Vegetative pests and algae control
Only entities that exceed a threshold are required to submit an application for permit coverage, or Notice of Intent (NOI), and an application fee. Those that do not exceed the threshold will need to comply with the basic permit components, but are not required to submit a NOI or an application fee.
The MPCA collaborated with other state agencies on permit development and participated in several industry meetings to educate those affected by the permit on the new requirements. This permit will supply MPCA with data on the type of pesticides used and the frequency of application in Minnesota waters, allowing the agency to make decisions concerning discharges, pollutants, synergistic effects, and other such water-management issues.
A draft permit is available for review at the MPCA’s St. Paul office at 520 Lafayette Road N., or on line at /news/data/index.cfm?PN=1. Additional information can be found on the Pesticide NPDES Permit Program website at /index.php/water/water-permits-and-rules/water-permits-and-forms/pesticide-npdes-permit-program.html.
During the public notice period, written comments should be sent to Elise Doucette, MPCA, 520 Lafayette Road N., Saint Paul, MN 55155-4194. Written comments must be received by 4 p.m. on Feb. 17, 2011 and include (1) a statement of your interest in the permit application or the draft permit; (2) a statement of the action you wish the MPCA to take, including specific references to sections of the draft permit that you believe should be changed; and (3) the reasons supporting your position, stated with sufficient specificity to allow the commissioner to investigate the merits of your position.
