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Pesticide NPDES Permit Steps to Compliance
Step 6: Report Adverse Incidents

Adverse Incident

An Adverse Incident is when non-target plants, animals or wildlife in waters of the state suffer a toxic or adverse effect as a result of exposure to a pesticide residue. Toxic or adverse effects include effects that are not identified or described on the pesticide product label or are not expected to be present.

Evidence of toxic or adverse effects may include:

  • Distressed or dead juvenile and small fishes.
  • Washed up or floating fish.
  • Fish swimming abnormally or erratically.
  • Fish lying lethargically at the surface of the water or in shallow water.
  • Fish that are listless or that do not respond to disturbance.
  • Dead or visibly distressed amphibians, turtles or invertebrates.
  • Stunting, wilting or desiccation of non-target aquatic plants.

Toxic or adverse effects also include effects to humans or domesticated animals, such as skin rashes, vomiting or lethargy that occur directly or indirectly from exposure to pesticide residue.

Step 1: Immediately Notify Duty Officer

If you observe or are made aware of an Adverse Incident that may have resulted from your pesticide application, you must immediately notify the Minnesota Duty Officer at 800-422-0798 (651-649-5451 in the metro area).

Be prepared to report the following information to the Duty Officer:

  • The caller’s name and telephone number.
  • Permittee name and mailing address.
  • Permit number from Notice of Coverage (issued only if you submitted a Notice of Intent).
  • The name and telephone number of a contact person.
  • How and when you became aware of the Adverse Incident.
  • Description of the Adverse Incident identified and the location.
  • The U.S. EPA pesticide registration number for each product you applied in the area of the Adverse Incident.
  • Description of any steps you have taken or will take to correct, repair, remedy, clean up or otherwise address any adverse effects.

Step 2: Notify DNR if Threatened or Endangered Species or Critical Habitat Is Affected

Information on federal and state-listed threatened or endangered species and critical habitat is available from the Fish and Wildlife Service and the Minnesota Department of Natural Resources (DNR).

If the adverse incident affectsa federally- or state-listed threatened or endangered species or its federally-designated critical habitat, you must also immediately notify the U.S. Fish and Wildlife Service (USFWS) Twin Cities Field Office at 612-725-3548 or the Minnesota DNR at 651-296-6157 or 888-646-6367. Be prepared to report the following information:

  • The caller’s name and telephone number.
  • Permittee name, mailing address, and telephone number.
  • The name of the affected species.
  • How and when you became aware of the Adverse Incident.
  • Description of the location of the Adverse Incident.
  • Description of the Adverse Incident, including the U.S. EPA pesticide registration number for each product you applied in the area of the Adverse Incident.
  • Description of any steps you have taken or will take to reduce the impact of the Adverse Incident on the endangered species.

Step 3: Submit Adverse Incident Report

Within fifteen (15) days of a reportable Adverse Incident you must provide a completed Adverse Incident Report form to the MPCA. See the form for more information.

Incident Not a Result of Your Pesticide Application?

If you determine that the adverse incident was not a result of your pesticide application, you do not have to submit an Adverse Incident Report form. Instead, within fifteen (15) days of the Adverse Incident you must submit justification and documentation on why you believe the Adverse Incident meets one or more of the following situations:

  • The Adverse Incident affected non-target pests that are similar to those identified on the label.
  • Facts clearly establish that the Adverse Incident was not related to toxic effects or exposure from the pesticide application.
  • You receive information notifying you of an Adverse Incident but that information is clearly incorrect or false.
  • You have been notified in writing by MPCA that the reporting requirement has been waived for this incident.

Submit your justification and documentation to the MPCA either by e-mail to the assigned MPCA staff or by letter to the Water Quality Submittals Center, MPCA, 520 Lafayette Rd N, St Paul, MN 55155-4194.

Go to Step 7: Termination of Permit

Last modified on March 29, 2012 10:51