NPDES General Permit for Application of Pesticides
Definitions
"We" and "Us" as used on this web page and in the general permit is intended to refer to the Tennessee Department of Environment and Conservation, Division of Water Resources or the director.
"You" and "Your" as used in this permit is intended to refer to the permittee, the operator, or the discharger as the context indicates and that party's responsibilities (e.g., the city, the county, the flood control district, the U.S. Air Force, etc.).
Who Needs a General Permit for Application of Pesticides?
Point source discharges of biological pesticides, and chemical pesticides that leave a residue into waters of the state were determined to be pollutants under the Clean Water Act (CWA). National Pollutant Discharge Elimination System (NPDES) permit coverage is generally required for the type of discharges associated with the following pesticide use patterns:
- mosquito and other flying insect pest control;
- weed and algae control;
- animal pest control; and
- forest canopy pest control.
More Specifically, Who Must File a Notice of Intent (NOI)?
Any operator, as described in the Part 1.2.2 of the permit and meeting the eligibility requirements identified in Part 1.1 of the permit and the table below must submit a complete and accurate NOI. As required in the permit, only certain operators that are also decision-makers must submit NOIs.
| PGP Part/Pesticide Use | Which Decision Maker Must Submit NOIs? | For Which Pesticide Application Activities? |
|---|---|---|
| All four use patterns identified in Part 1.1.1 | Any Decision-maker with an eligible discharge to Outstanding National Resource Waters consistent with Part 1.1.2.2. | Activities resulting in a discharge to a Outstanding National Resource Waters. |
| 1.1.1(a) - Mosquito and Other Flying Insect Pest Control | Any Agency for which pest management for land resource stewardship is an integral part of the organization’s operations. | All mosquito and other flying insect pest control activities resulting in a discharge to waters of the state. |
| Mosquito control districts, or similar pest control districts. | All mosquito and other flying insect pest control activities resulting in a discharge to waters of the state. | |
| Local governments or other entities that exceed the annual treatment area threshold identified here. | Adulticide treatment if more than 6,400 acres during a calendar year . | |
| 1.1.1(b) - Weed and Algae Pest Control | Any Agency for which pest management for land resource stewardship is an integral part of the organization’s operations. | All weed and algae pest control activities resulting in a discharge to waters of the state. |
| Irrigation and weed control districts, or similar pest control districts. | All weed and algae pest control activities resulting in a discharge to waters of the state. | |
| Local governments or other entities that exceed the annual treatment area threshold identified here. | Treatment during a calendar year if more than either: 20 linear miles OR 80 acres of water (i.e., surface area). | |
| 1.1.1(c) - Animal Pest Control | Any Agency for which pest management for land resource stewardship is an integral part of the organization’s operations. | All animal pest control activities resulting in a discharge to waters of the state. |
| Local governments or other entities that exceed the annual treatment area threshold identified here. | Treatment during a calendar year if more than either: 20 linear miles OR 80 acres of water (i.e., surface area). | |
| 1.1.1.(d) - Forest Canopy Pest Control | Any Agency for which pest management for land resource stewardship is an integral part of the organization’s operations. | All forest canopy pest control activities resulting in a discharge to waters of the state. |
| Local governments or other entities that exceed the annual treatment area threshold identified here. | Treatment if more than 6,400 acres during a calendar year. |
One NOI can be submitted for multiple pest management areas for which you are seeking permit coverage.
What Information Must I Provide?
Permit and Rationale
How Will My Application Be Processed?
| Operator Type | NOI Submission Deadline | Discharge Authorization Date |
|---|---|---|
| Any Decision-maker with a discharge in response to a Declared Pest Emergency for which that activity triggers the NOI requirement identified in Part 1.2.2 | Not later than 30 days after beginning discharge. | Immediately upon beginning to discharge for activities conducted in response to a Declared Pest Emergency Situation. |
| Any Decision-maker that exceeds any annual treatment area threshold. | At least 10 days before exceeding an annual treatment area threshold. | No earlier than 10 days after the division posts on the Internet receipt of a complete and accurate NOI. |
| Any Decision-maker otherwise required to submit an NOI as identified in Table 1-1. | At least 10 days before any discharge for which an NOI is required. | No earlier than 10 days after the division posts on the Internet receipt of a complete and accurate NOI. |
What Fees Are Required?
- Permit Application Fee: none
- Annual Maintenance Fee: $350
What Are My Rights and Responsibilities After Processing and Approval of the NOI?
A permittee who has submitted an NOI and received a notice of coverage (NOC) under the general permit has the duty to comply with all provisions of the general permit and applicable rules and regulations.
Coverage under this NPDES general permit does not relieve you of the responsibility for damages to surface or ground water. The permittee must notify the division as soon as possible of planned changes in operations and of any change in mailing address. You are responsible for complying with the conditions of the permit, including keeping records and reporting. If the facility experiences any emergency that could impact the waters of the state, they must notify the division as detailed in the general permit.
What Are the Division’s Rights and Responsibilities After the Applicant is Approved under the Permit?
The Division has the right to terminate coverage under the permit if an applicant violates the state statutes, departmental regulations, or terms of the general permit. The Division has the right to inspect the conduct of activities carried out under the permit.
Whom Do I Contact For Applications, Assistance And Other Information?
Applicants may obtain applications and assistance from the Division of Water Resources, Central Office or any TDEC Environmental Field Office, or use the form above.