HomeMy WebLinkAbout20112966.tiff COG860000
CDPS GENERAL PERMIT
FOR DISCHARGES FROM APPLICATIONS OF PESTICIDES
COLORADO DISCHARGE PERMIT SYSTEM
In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et
seq., CRS, 1973 as amended), facilities engaged in applications of pesticides are authorized to
discharge from locations throughout the State of Colorado to surface waters of the state.
Such discharges shall be in accordance with conditions of this general permit.
This permit and the authorization to discharge shall expire at midnight, December 31, 2013.
Issued and Signed this 4`h day of November 2011.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
?ter It
Janet Kieler, Permits Section Manager
Water Quality Control Division
SIGNED AND ISSUED NOVEMBER 4, 2011
EFFECTIVE NOVEMBER 4, 2011
R \'L C PL, 14-L 2011-2966
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Table of Contents
1.0 Coverage under This Permit 1
1.1 Eligibility 1
1.1.1 Activities Covered 1
1.1.2 Limitations on Coverage 2
1.1.2.1 Discharges to Water Quality Impaired Waters 2
1.1.2.2 Discharges to Waters Designated as Outstanding Waters forAntidegradation Purposes 2
1.1.2.3 Discharges Currently or Previously Covered by another Permit 2
1.2 Authorization to Discharge under This Permit 2
1.2.1 How to Obtain Authorization 2
1.2.2 Discharge Authorization Date 2
1.2.3 Terminating Coverage 3
1.3 Alternative Permits 3
1.3.1 Requirements for Coverage under an Alternative Permit 3
1.3.2 Operator Requesting Coverage under an Alternative Permit 3
1.4 Severability 3
1.5 Other Federal and State Laws 4
2.0 Technology-Based Effluent Limitations 4
2.1 Applicators' Responsibilities 4
2.2 Decision-makers' Responsibilities: For All Decision-makers 5
2.2.1 Mosquito and Other Flying Insect Pest Control 5
2.2.2 Weed and Algae Pest Control 6
2.2.3 Animal Pest Control 7
2.2.4 Forest Canopy Pest Control 8
3.0 Water Quality-Based Effluent Limitations 9
4.0 Monitoring 10
4.1 Visual Monitoring Requirements for Pesticide Applicators 10
4.2 Visual Monitoring Requirements for all Operators 10
5.0 Pesticide Discharge Management Plan 10
5.1 Contents of the Pesticide Discharge Management Plan 10
5.1.1 PDMPTeam. 11
5.1.2 Problem Identification 11
Decision-makers must document the following 11
5.1.3 Pest Management Options Evaluation 11
5.1.4 Response Procedures. 11
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5.1.5 Signature Requirements 12
5.2 Pesticide Discharge Management Plan Modifications. 12
5.3 Pesticide Discharge Management Plan Availability 12
6.0 Corrective Action 12
6.1 Situations Requiring Revision of Pest Management Measures 12
6.2 Corrective Action Deadlines 13
6.3 Effect of Corrective Action 13
6.4 Adverse Incident Documentation and Reporting 13
6.4.1 Twenty-Four(24)-Hour Adverse Incident Notification 13
6.4.1.1 Adverse Incident Notification Required 13
6.4.1.2 Adverse Incident Notification Not Required 14
6.4.2 Thirty(30)-Day Adverse Incident Written Report 14
6.4.3 Notification and Reporting for Adverse Incidents Involving Multiple Operators 15
6.5 Other Corrective Action Documentation 15
7.0 Recordkeeping 16
7.1 Recordkeeping For All Operators 16
7.2 Recordkeeping for All Operators who are For-Hire Applicators 16
7.3 Recordkeeping for Any Decision-maker Required to Submit a Compliance Certification and Who is
a Small Entity 17
7.4 Recordkeeping for Any Decision-maker Required to Submit a Compliance Certification and Who is
a Large Entity 18
7.5 Retention of Records for All Operators 18
7.6 Compliance Certification 18
7.6.1 Decision-makers Required to Submit a Compliance Certification 18
7.6.2 Compliance Certification Due Date 20
8.0 Division Contact Information and Mailing Addresses 22
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1.0 Coverage under This Permit
This permit covers any Operator who meets the eligibility requirements identified in Part
1.1.
For the purpose of this permit, "Operator" is defined in Appendix A to mean any entity
associated with the application of pesticides which results in a discharge to surface waters
of the State that meets either of the following two criteria: (1) any entity who performs
the application of a pesticide or who has day-to-day control of the application (i.e., they
are authorized to direct workers to carry out those activities); or(2) any entity with
control over the decision to perform pesticide applications including the ability to modify
those decisions. Operators identified in (I) above are referred to in this permit as
Applicators while Operators identified in (2) are referred to in this permit as Decision-
makers. As defined, more than one Operator may be responsible for complying with this
permit for any single discharge from the application of pesticides.
For purposes of this permit, all Operators are defined as either an Applicator or a Decision-
maker or both an Applicator and a Decision-maker.
When an Operator is both an Applicator and a Decision-maker,the Operator must
comply with all applicable requirements imposed on both Applicators and Decision-
makers. When the permit references all "Operators," both Applicators and Decision-
makers must comply.
1.1 Eligibility
1.1.1 Activities Covered
This permit is available to Operators who discharge to surface waters of the State from
the application of(1) biological pesticides or (2) chemical pesticides that leave a residue
(collectively called pesticides), when the pesticide application is for one of the following
pesticide use patterns:
a. Mosquito and Other Flying Insect Pest Control—to control public health/nuisance
and other flying insect pests that develop or are present during a portion of their life
cycle in or above standing or flowing water. Public health/nuisance and other flying
insect pests in this use category include mosquitoes and black flies.
b. Weed and Algae Pest Control—to control weeds, algae, and pathogens that are
pests in water and at water's edge, including ditches and/or canals.
c. Animal Pest Control—to control animal pests in water and at water's edge. Animal
pests in this use category include fish, lampreys, insects, mollusks, and pathogens.
d. Forest Canopy Pest Control—application of a pesticide to a forest canopy to control
the population of a pest species (e.g., insect or pathogen)where,to target the pests
effectively, a portion of the pesticide unavoidably will be applied over and deposited
to water.
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1.1.2 Limitations on Coverage
1.1.2.1 Discharges to Water Quality Impaired Waters
Operators are not eligible for coverage under this permit for any discharges from a
pesticide application to surface waters of the State if the water is identified as impaired
by a substance which either is an active ingredient in that pesticide or is a degradate of
such an active ingredient. For purposes of this permit, impaired waters are those that
have been identified by the Water Quality Control Commission pursuant to section 303(d)
of the CWA as not meeting applicable state water quality standards. Impaired waters, for
the purposes of this permit, consist of both waters with EPA-approved or EPA-
established total maximum daily loads (TMDLs) and waters for which EPA has not yet
approved or established a TMDL. A list of those waters is available at
http://www.cdphc.state.co.us/regulations/wgccregs/index.htmI. If a discharge from a
pesticide application would not be eligible under this permit because the water is listed
as impaired for that specific pesticide, but there is evidence that shows the water is no
longer impaired, Operators may submit this information to the Division consistent with
Table 7-2 in Part 7.6, and request that coverage be allowed under this permit.
1.1.2.2 Discharges to Waters Designated as Outstanding Waters forAntidegradation Purposes
Except for discharges from pesticide applications made to restore or maintain water
quality or to protect public health or the environment that either do not degrade water
quality or only degrade water quality on a short-term or temporary basis, Operators are
not eligible for coverage under this permit for discharges to surface waters of the State
if the water is designated by the Water Quality Control Commission as Outstanding
Waters for antidegradation purposes under Title 40 of the Code of Federal Regulations
(CFR) 131.12(a)(3). A list of Outstanding waters in geographic areas covered under
this permit is available at
http://www.cdphe.state.co.as/regulations/wgccregs/index.htm1.
1.1.2.3 Discharges Currently or Previously Covered by another Permit
Discharges are not eligible for coverage under this permit if any of the following
circumstances apply:
a. The discharge is covered by another CDPS permit, or
b. The discharge was included in a permit that in the past 5 years has been or is in the
process of being denied, terminated, or revoked by the Division (this does not apply
to the routine reissuance of permits every 5 years).
1.2 Authorization to Discharge under This Permit
1.2.1 How to Obtain Authorization
To obtain authorization under this permit, an Operator must meet the permit eligibility
provisions in Part I.I. Operators meeting the eligibility provisions outlined in Part 1.1
are automatically authorized by this permit without submission of an application or NOI.
1.2.2 Discharge Authorization Date
Operators are authorized to discharge under this permit immediately.
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1.2.3 Terminating Coverage
Operators covered under this permit are terminated from permit coverage when they no
longer have a discharge from the application of pesticides or their discharges are covered
under a CDPS individual permit or alternative CDPS general permit.
1.3 Alternative Permits
1.3.1 Requirements for Coverage under an Alternative Permit
In accordance with 40 CFR 122.64 and 124.5, the Division may require Operators to
apply for and/or obtain authorization to discharge under either a CDPS individual
permit or an alternative CDPS general permit.
If the Division requires an Operator to apply for a CDPS individual permit,the Division
will notify the Operator in writing that a permit application is required. Such a
notification will include a brief statement of the reasons for the decision and will provide
application information. In addition, for Operators whose discharges are authorized
under this permit, any notice will set a deadline to file the permit application and will
include a statement that on the effective date of the CDPS individual permit, coverage
under this general permit will terminate. The Division may grant additional time to
submit the application if an Operator submits a request setting forth reasonable grounds
for additional time. If covered under this permit and the Operator fails to submit a CDPS
individual permit application as required by the Division, the applicability of this permit
to such Operator is terminated at the end of the day specified by the Division as the
deadline for application submittal. The Division may take enforcement action for any
unpermitted discharge or violation of any permit requirement.
1.3.2 Operator Requesting Coverage under an Alternative Permit
If an Operator does not want to be covered by this general permit but needs permit
coverage,the Operator can apply for a CDPS individual permit. In such a case,the
Operator must submit an individual permit application in accordance with the
requirements of 40 CFR 122.26(c)(I)(ii), with reasons supporting the request,to the
Division at the address listed in Part 8 of this permit. The request may be granted by
issuance of a CDPS individual permit or authorization of coverage under an alternative
CDPS general permit.
When an individual CDPS permit is issued, or the Operator is authorized under an
alternative CDPS general permit to discharge a pollutant to surface waters of the State as
a result of a pesticide application,authorization to discharge under this permit is
terminated on the effective date of the CDPS individual permit or the date of
authorization of coverage under the alternative CDPS general permit.
1.4 Severability
Invalidation of a portion of this permit does not render the whole permit invalid. The
Division's intent is that the permit will remain in effect to the extent possible; if any part
of this permit is invalidated,the remaining parts of the permit will remain in effect
unless the Division issues a written statement otherwise.
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1.5 Other Federal and State Laws
Operators must comply with all other applicable federal and state laws and regulations
that pertain to the application of pesticides. For example, this permit does not negate the
requirements under the Federal Insecticide, Fungicide, and Rodenticide Act(FIFRA) and
its implementing regulations to use registered pesticides consistent with the product's
labeling. In fact, applications in violation of certain FIFRA requirements could also be a
violation of the permit and therefore a violation of the CWA (e.g. exceeding label
application rates). Additionally, other laws and regulations might apply to certain
activities that are also covered under this permit.
2.0 Technology-Based Effluent Limitations
This Part includes technology-based effluent limitations applicable to all Operators, as
defined in Appendix A, for any discharges authorized under this permit,with compliance
required upon beginning such discharge. All Operators are classified as either
"Applicators"or"Decision-makers,"as defined in Appendix A, or both. Applicators
must perform the tasks identified in Part 2.1 —Applicators' Responsibilities. Decision-
makers must perform the tasks identified in Part 2.2—Decision-makers' Responsibilities.
There may be instances when a single entity acts as both an Applicator and a Decision-
maker.
If an Operator's discharge of pollutants results from the application of a pesticide that is
being used solely for the purpose of"pesticide research and development,"as defined in
Appendix A, the Operator must use such pesticide consistent with any applicable
research plan and experimental use permit.
As stated in Part 1.5, this permit requires all Operators to comply with all other applicable
federal or state laws and regulations that pertain to application of pesticides by the
Operator.
2.1 Applicators' Responsibilities
To meet the effluent limitations of this permit, all Applicators must implement Part 2.1 to minimize
the discharge of pesticides to surface waters of the State from the application of pesticides,through
the use of Pest Management Measures, as defined in Appendix A.
2.1.1 Amount
To the extent not determined by the Decision-maker,use only the amount of pesticide
and frequency of pesticide application necessary to control the target pest, using
equipment and application procedures appropriate for this task.
2.1.2 Maintenance
Maintain pesticide application equipment in proper operating condition, including
requirement to calibrate, clean, and repair such equipment and prevent leaks, spills, or
other unintended discharges.
2.1.3 Applicable Federal Requirements
Assess weather conditions (e.g. temperature,precipitation and wind speed) in the
treatment area to ensure application is consistent with all applicable federal requirements.
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2.2 Decision-makers' Responsibilities: For All Decision-makers
To meet the effluent limitations in Part 2.2, all Decision-makers must minimize the
discharge of pesticides to surface waters of the State from the application of pesticides,
through the use of Pest Management Measures, as defined in Appendix A.
To the extent the Decision-maker determines the amount of pesticide or frequency of
pesticide application,the Decision-maker must use only the amount of pesticide and
frequency of pesticide application necessary to control the target pest.
Decision-Maker's Responsibilities: For Any Decision-maker Who is or Will be
Required to Submit a Compliance Certification
To meet the effluent limitations of this permit, any Decision-maker is or will be required to
submit a Compliance Certification as required in Part 7.6. The Decision-maker must also
implement Parts 2.2.1 - 2.2.4 to minimize the discharge of pesticides to surface waters of
the State from the application of pesticides,through the use of Pest Management Measures,
as defined in Appendix A.
2.2.1 Mosquito and Other Flying Insect Pest Control
This part applies to discharges from the application of pesticides for mosquito and other
flying insect pest control as defined in Part 1.1.1.
a. Identify the Problem. Prior to the first pesticide application covered under this
permit that will result in a discharge to surface waters of the State, and at least once
each calendar year thereafter prior to the first pesticide application for that calendar
year, a Decision-maker who is or will be required to submit a Compliance
Certification must do the following for each pest management area, as defined in
Appendix A:
I. Establish densities for larval and adult mosquito or flying insect pest populations
or identify environmental condition(s), either current or based on historical data,
to serve as action threshold(s) for implementing Pest Management Measures;
2. Identify target pest(s)to develop Pest Management Measures based on
developmental and behavioral considerations for each pest;
3. Identify known breeding sites for source reduction, larval control program, and
habitat management;
4. Analyze existing surveillance data to identify new or unidentified sources of
mosquito or flying insect pest problems as well as sites that have recurring pest
problems; and
5. In the event there are no data for the pest management area in the past calendar
year, use other available data as appropriate to meet the permit conditions in Part
2.2.1.a.
b. Pest Management Options. Prior to the first pesticide application covered under
this permit that will result in a discharge to surface waters of the State and at least
once each calendar year thereafter prior to the first pesticide application for that
calendar year, any Decision-maker who is or will be required to submit a Compliance
Certification must select and implement efficient and effective means of Pest
Management Measures that minimize discharges resulting from the application of
pesticides to control mosquitoes or other flying insect pests. In developing the Pest
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Management Measures for each pest management area, the Decision-maker must
evaluate the following management options, including a combination of these
management options, considering impact to water quality, impact to non-target
organisms, feasibility, and cost effectiveness:
1. No action
2. Prevention
3. Mechanical or physical methods
4. Cultural methods
5. Biological control agents
6. Pesticides
c. Pesticide Use. If a pesticide is selected to manage mosquitoes or flying insect pests,
and application of the pesticide will result in a discharge to surface waters of the
State, any Decision-maker who is or will be required to submit a Compliance
Certification must:
I. Conduct larval and/or adult surveillance in an area that is representative of the
pest problem or evaluate existing larval surveillance data, environmental
conditions, or data from adjacent areas prior to each pesticide application to
assess the pest management area and to determine when the action threshold(s) is
met;
2. Reduce the impact on the environment and on non-target organisms by applying
the pesticide only when the action threshold(s)has been met;
3. In situations or locations where practicable and feasible for efficacious control,
use larvicides as a preferred pesticide for mosquito or flying insect pest control
when the larval action threshold(s) has been met; and
4. In situations or locations where larvicide use is not practicable or feasible for
efficacious control, use adulticides for mosquito or flying insect pest control when
the adult action threshold(s) has been met.
2.2.2 Weed and Algae Pest Control
This part applies to discharges from the application of pesticides for control of weeds,
algae, and pathogens as defined in Part I.I.I.
a. Identify the Problem. Prior to the first pesticide application covered under this
permit that will result in a discharge to surface waters of the State, and at least once
each calendar year thereafter prior to the first pesticide application for that calendar
year, any Decision-makers who is or will be required to submit a Compliance
Certification must do the following for each pest management area, as defined in
Appendix A:
1. Identify areas with pest problems and characterize the extent of the problems,
including,for example,water use goals not attained (e.g. wildlife habitat,
fisheries, vegetation, and recreation);
2. Identify target pest(s);
3. Identify possible factors causing or contributing to the pest problem (e.g.,
nutrients, invasive species, etc);
4. Establish any pest- and site-specific action threshold, as defined in Appendix A,
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for implementing Part 2.2.2.b; and
5. In the event there are no data for the pest management area in the past calendar
year, use other available data as appropriate to meet the permit conditions in Part
2.2.2.a.
b. Pest Management Options. Prior to the first pesticide application covered under
this permit that will result in a discharge to surface waters of the State, and at least
once each calendar year thereafter prior to the first pesticide application for that
calendar year, any Decision-maker who is or will be required to submit a Compliance
Certification must select and implement efficient and effective means of Pest
Management Measures that minimize discharges resulting from the application of
pesticides to control pests. In developing the Pest Management Measures for each
pest management area,the Decision-maker must evaluate the following management
options, including a combination of these management options, considering impact to
water quality, impact to non-target organisms, feasibility, and cost effectiveness:
1. No action
2. Prevention
3. Mechanical or physical methods
4. Cultural methods
5. Biological control agents
6. Pesticides
c. Pesticide Use. If a pesticide is selected to manage pests, and application of the
pesticide will result in a discharge to surface waters of the State, any Decision-maker
who is or will be required to submit a Compliance Certification must:
1. Conduct surveillance in an area that is representative of the pest problem prior to
each pesticide application to assess the pest management area and to determine
when the action threshold(s) is met; and
2. Reduce the impact on the environment and non-target organisms by applying the
pesticide only when the action threshold has been met.
2.2.3 Animal Pest Control
This part applies to discharges from the application of pesticides for control of animal
pests as defined in Part 1.1.1.
a. Identify the Problem. Prior to the first pesticide application covered under this
permit that will result in a discharge to surface waters of the State, and at least once
each calendar year thereafter prior to the first pesticide application for that calendar
year, any Decision-maker who is or will be required to submit a Compliance
Certification must do the following for each pest management area, as defined in
Appendix A:
1. Identify areas with pest problems and characterize the extent of the problems,
including, for example,water use goals not attained (e.g. wildlife habitat,
fisheries, vegetation,and recreation);
2. Identify target pest(s);
3. Identify possible factors causing or contributing to the problem (e.g., nutrients,
invasive species);
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4. Establish any pest- and site-specific action threshold, as defined in Appendix A,
for implementing Part 2.2.3.b; and
5. In the event there are no data for the pest management area in the past calendar
year, use other available data as appropriate to meet the permit conditions in Part
2.2.3.a.
b. Pest Management Options Prior to the first pesticide application covered under this
permit that will result in a discharge to surface waters of the State, and at least once
each year thereafter prior to the first pesticide application during that calendar year,
any Decision-maker who is or will be required to submit a Compliance Certification
must select and implement efficient and effective means of Pest Management
Measures that minimize discharges resulting from the application of pesticides to
control pests. In developing the Pest Management Measures for each pest
management area, the Decision-maker must evaluate the following management
options, including a combination of these management options, considering impact to
water quality, impact to non-target organisms,feasibility,and cost effectiveness:
1. No action.
2. Prevention
3. Mechanical or physical methods
4. Biological control agents
5. Pesticides
c. Pesticide Use. If a pesticide is selected to manage pests and application of the
pesticide will result in a discharge to surface waters of the State, any Decision-maker
who is or will be required to submit a Compliance Certification must:
1. Conduct surveillance in an area that is representative of the pest problem prior to
each application to assess the pest management area and to determine when the
action threshold(s) is met; and
2. Reduce the impact on the environment and non-target organisms by evaluating
site restrictions, application timing, and application method in addition to
applying the pesticide only when the action threshold(s) has been met.
2.2.4 Forest Canopy Pest Control
This part applies to discharges from the application of pesticides for forest canopy pest
control as defined in Part 1.1.1.
a. Identify the Problem. Prior to the first pesticide application covered under this
permit that will result in a discharge to surface waters of the State, and at least once
each calendar year thereafter prior to the first pesticide application in that calendar
year, any Decision-maker who is or will be required to submit a Compliance
Certification must do the following for each pest management area, as defined in
Appendix A:
I. Establish any pest- and site-specific action threshold, as defined in Appendix A,
for implementing Part 2.2.4.b;
2. Identify target pest(s)to develop Pest Management Measures based on
developmental and behavioral considerations for each pest;
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3. Identify current distribution of the target pest and assess potential distribution in
the absence of Pest Management Measures; and
4. In the event there are no data for the pest management area in the past calendar
year, use other available data as appropriate to meet the permit conditions in Part
2.2.4.a.
b. Pest Management Options Prior to the first pesticide application covered under
this permit that will result in a discharge to surface waters of the State, and at least
once each calendar year thereafter prior to the first pesticide application for that
calendar year, any Decision-maker who is or will be required to submit a Compliance
Certification must select and implement efficient and effective means of Pest
Management Measures that minimize discharges resulting from the application of
pesticides to control pests. In developing the Pest Management Measures for each
pest management area, the Decision-maker must evaluate the following management
options, including a combination of these management options, considering impact to
water quality, impact to non-target organisms, feasibility,and cost effectiveness:
I. No action
2. Prevention
3. Mechanical/physical methods
4. Cultural methods
5. Biological control agents
6. Pesticides
c. Pesticide Use. If a pesticide is selected to manage forestry pests, and application of
the pesticide will result in a discharge to surface waters of the State, any Decision-
maker who is or will be required to submit a Compliance Certification must:
I. Conduct surveillance in an area that is representative of the pest problem prior to
each application to assess the pest management area and to determine when the
pest action threshold is met;
2. Reduce the impact on the environment and non-target organisms by evaluating the
restrictions, application timing, and application methods in addition to applying
the pesticide only when the action threshold(s)has been met; and
3. Evaluate using pesticides against the most susceptible developmental stage.
3.0 Water Quality-Based Effluent Limitations
All Operators must control discharges as necessary to meet applicable numeric and
narrative state or tribal water quality standards, for any discharges authorized under this
permit, with compliance required upon beginning such discharge.
If at any time an Operator becomes aware(e.g.,through self-monitoring or by
notification from the state or tribe), or the Division determines,that the Operator's
discharge causes or contributes to an excursion of any applicable water quality standard,
the Operator must take corrective action as required in Part 6 and Appendix B, Section
B.3, up to and including the ceasing of the discharge, if necessary.
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4.0 Monitoring
4.1 Visual Monitoring Requirements for Pesticide Applicators
During any pesticide application with discharges authorized under this permit, all
Applicators must, when considerations for safety and feasibility allow, visually assess the
area to and around where pesticides are applied for possible and observable adverse
incidents, as defined in Appendix A, caused by application of pesticides, including the
unanticipated death or distress of non-target organisms and disruption of wildlife habitat,
recreational or municipal water use.
4.2 Visual Monitoring Requirements for all Operators
During any Operator post-application surveillance of any pesticide application with
discharges authorized under this permit, all Operators must visually assess the area to and
around where pesticides were applied for possible and observable adverse incidents,as
defined in Appendix A, caused by application of pesticides, including the unanticipated
death or distress of non-target organisms and disruption of wildlife habitat,recreational or
municipal water use.
5.0 Pesticide Discharge Management Plan
Any Decision-maker who is or will be required to submit a Compliance Certification as
required in Part 7.6, and is a large entity, as defined in Appendix A, must prepare a
Pesticide Discharge Management Plan(PDMP) by the time the Compliance Certification is
filed, with one exception(for which a PDMP is not required to be developed):
— Any application is made in response to a Declared Pest Emergency Situation, as
defined in Appendix A.
The PDMP does not contain effluent limitations;the effluent limitations are specified in
Parts 2 and 3 of the permit. The PDMP documents how Decision-makers will implement
the effluent limitations in Parts 2 and 3 of the permit, including the evaluation and
selection of Pest Management Measures to meet those effluent limitations in order to
minimize discharges. In the PDMP, Decision-makers may incorporate by reference any
procedures or plans in other documents that meet the requirements of this permit. If
Decision-makers rely upon other documents to comply with the effluent limitations in
this permit, such as a pre-existing pest management plan, the Decision-maker must attach
to the PDMP a copy of any portions of any documents that are used to document the
implementation of the effluent limitations.
5.1 Contents of the Pesticide Discharge Management Plan.
The PDMP must include the following elements:
a. Pesticide Discharge Management Team
b. Problem Identification
c. Pest Management Options Evaluation
d. Response Procedures
1. Spill Response Procedures
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2. Adverse Incident Response Procedures
e. Documentation to support eligibility considerations under other federal laws
f. Signature Requirements.
5.1.1 PDMP Team.
Decision-makers must identify all the persons (by name and contact information)that
compose the team as well as each person's individual responsibilities, including:
a. Person(s) responsible for managing pests in relation to the pest management area
b. Person(s) responsible for developing and revising the PDMP; and
c. Person(s)responsible for developing, revising, and implementing corrective actions
and other effluent limitation requirements.
5.1.2 Problem Identification.
Decision-makers must document the following:
a. Pest problem description. Document a description of the pest problem at the pest
management area, including identification of the target pest(s), source(s) of the pest
problem, and source of data used to identify the problem in Parts 2.2.1, 2.2.2, 2.2.3,
and 2.2.4.
b. Action Threshold(s). Describe the action threshold(s) for the pest management area,
including data used in developing the action threshold(s) and method(s) to determine
when the action threshold(s)has been met.
c. General location map. In the plan, include a general location map (e.g., USGS
quadrangle map, a portion of a city or county map, or other map)that identifies the
geographic boundaries of the area to which the plan applies and location of the
surface waters of the State.
d. Water quality standards. Document any Outstanding Waters and any water(s)
identified as impaired by a substance which either is an active ingredient or a
degradate of such an active ingredient.
5.1.3 Pest Management Options Evaluation
Decision-makers must document the evaluation of the pest management options,
including combination of the pest management options,to control the target pest(s).
Pest management options include the following: no action, prevention,
mechanical/physical methods, cultural methods, biological control agents, and
pesticides. In the evaluation,Decision-makers must consider the impact to water
quality, impact to non-target organisms, feasibility, cost effectiveness, and any
relevant previous Pest Management Measures.
5.1.4 Response Procedures.
Decision-makers must document the following procedures in the
PDMP:
a. Spill Response Procedures—At a minimum,Decision-makers must have:
I. Procedures for expeditiously stopping, containing, and cleaning up leaks, spills,
and other releases to surface waters of the State. Employees who may cause,
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detect, or respond to a spill or leak must be trained in these procedures and have
necessary spill response equipment available. If possible, one of these individuals
should be a member of the PDMP team.
2. Procedures for notification of appropriate facility personnel,emergency response
agencies, and regulatory agencies.
b. Adverse Incident Response Procedures—At a minimum,Decision-makers must have:
1. Procedures for responding to any adverse incident resulting from pesticide
applications.
2. Procedures for notification of the adverse incident, both internal to the Decision-
maker's agency/organization and external. Contact information for the Division,
nearest emergency medical facility, and nearest hazardous chemical responder
must be in locations that are readily accessible and available.
5.1.5 Signature Requirements.
Decision-makers must sign, date and certify the PDMP in accordance with Appendix
B, Subsection B.11.
5.2 Pesticide Discharge Management Plan Modifications.
Decision- makers must modify the PDMP whenever necessary to address any of the
triggering conditions for corrective action in Part 6.1, or when a change in pest control
activities significantly changes the type or quantity of pollutants discharged. Changes to
the PDMP must be made before the next pesticide application that results in a discharge,
if practicable,or if not, no later than 90 days after any change in pesticide application
activities. The revised PDMP must be signed and dated in accordance with Appendix B,
Subsection B.11.
5.3 Pesticide Discharge Management Plan Availability.
Decision-makers must retain a copy of the current PDMP, along with all supporting maps
and documents, at the address provided in the Compliance Certification. The PDMP and
all supporting documents must be readily available, upon request, and copies of any of
these documents provided, upon request,to the Division, EPA, or another State, Tribal, or
local agency governing discharges or pesticide applications within their respective
jurisdictions. The Division may provide copies of the PDMP or other information related
to this permit that is in its possession to members of the public.Any Confidential
Business Information (CBI), as defined in 40 CFR Part 2, may be withheld from the
public provided that a claim of confidentiality is properly asserted and documented in
accordance with 40 CFR Part 2; however, CBI must be submitted to the Division, if
requested,and may not be withheld from staff within the Division.
6.0 Corrective Action
All Operators must comply with the provisions of Part 6 for any discharges authorized under this
permit, with compliance required upon beginning such discharge.
6.1 Situations Requiring Revision of Pest Management Measures
Operators must review and, as necessary, revise the evaluation and selection of Pest
Management Measures consistent with Part 2.1 and 2.2 for the following situations:
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a. An unauthorized release or discharge associated with the application of pesticides
(e.g., spill, leak, or discharge not authorized by this or another CDPS permit)
occurs.
b. Operators become aware, or the Division concludes,that Pest Management Measures
are not adequate/sufficient for the discharge to meet applicable water quality
standards.
c. Any monitoring activities indicate failure to meet applicable technology-based
effluent limitations in Part 2.
d. An inspection or evaluation of activities by a Division official,or EPA local, state, or
tribal entity, reveals that modifications to the Pest Management Measures are
necessary to meet the effluent limitations in this permit.
e. Any Operator observes or is otherwise made aware of an adverse incident as defined
in Appendix A.
6.2 Corrective Action Deadlines
If an Operator determines that changes to Pest Management Measures are necessary to
eliminate any situation identified in Part 6.1, such changes must be made before or, if not
practicable,as soon as possible after the next pesticide application that results in a
discharge.
6.3 Effect of Corrective Action
The occurrence of a situation identified in Part 6.1 may constitute a violation of the
permit. Correcting any situation identified in Part 6.1 does not absolve Operators of
liability for any original violation. However, failure to comply with Part 6.2 constitutes
an additional permit violation. The Division will consider the appropriateness and
promptness of corrective action in determining enforcement responses to permit
violations.
The Division may impose additional requirements and schedules of compliance,
including requirements to submit additional information concerning the condition(s)
triggering corrective action or schedules and requirements more stringent than
specified in this permit. Those requirements and schedules will supersede those of
Part 6.1 and 6.2 if such requirements conflict.
6.4 Adverse Incident Documentation and Reporting
6.4.1 Twenty-Four(24)-Hour Adverse Incident Notification
6.4.1.1 Adverse Incident Notification Required
Except as provided for in Part 6.4.4, if an Operator observes or is otherwise made aware
of an adverse incident, as defined in Appendix A, which may have resulted from a
discharge from a pesticide application,the Operator must immediately notify the
Division. This notification must be made by telephone within 24 hours of the Operator
becoming aware of the adverse incident and must include at least the following
information:
a. The caller's name and telephone number;
b. Operator name and mailing address;
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c. The name and telephone number of a contact person, if different than the person
providing the 24-hour notice;
d. How and when the Operator became aware of the adverse incident;
e. Description of the location of the adverse incident;
f. Description of the adverse incident identified and the pesticide product, including EPA
pesticide registration number,for each product applied in the area of the adverse
incident;
g. Description of any steps the Operator has taken or will take to correct, repair,remedy,
clean up, or otherwise address any adverse effects; and
h. If known, the identity of any other Operators authorized for coverage under this
permit for discharges from the pesticide application activities that resulted in the
adverse incident.
If an Operator is unable to notify the Division within 24 hours, the Operator must do so
as soon as possible and also provide an appropriate rationale for why the Operator was
unable to provide such notification within 24 hours.
The adverse incident notification and reporting requirements are in addition to what the
registrant is required to submit under FIFRA section 6(a)(2) and its implementing
regulations at 40 CFR Part 159.
6.4.1.2 Adverse Incident Notification Not Required
Reporting of adverse incidents is not required under this permit in the following
situations:
a. An Operator is aware of facts that indicate that the adverse incident was not related to
toxic effects or exposure from the pesticide application;
b. An Operator has been notified by the Division, and retains such notification,that
the reporting requirement has been waived for this incident or category of
incidents;
c. An Operator receives information of an adverse incident, but that information is
clearly erroneous; or
d. An adverse incident occurs to pests that are similar in kind to potential target pests
identified on the FIFRA label.
6.4.2 Thirty(30)-Day Adverse Incident Written Report
Except as provided for in Part 6.4.4, within 30 days of a reportable adverse incident
pursuant to Part 6.4.1.1, Operators must provide a written report of the adverse incident
to the Division.The adverse incident report must include at least the following
information:
a. Information required to be provided in Part 6.4.1.1;
b. Date and time the Operator contacted the Division notifying the Agency of the
adverse incident, who the Operator spoke with at the Division, and any
instructions received from the Division;
c. Location of incident, including the names of any waters affected and appearance of
those waters (sheen, color, clarity, etc);
d. A description of the circumstances of the adverse incident including species affected,
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estimated number of individual and approximate size of dead or distressed organisms;
e. Magnitude and scope of the affected area(e.g., aquatic square area or total stream
distance affected);
f. Pesticide application rate; intended use site (e.g., on the bank,above waters, or
directly to water); method of application;and the name of pesticide product and the
Division registration number;
g. Description of the habitat and the circumstances under which the adverse incident
occurred(including any available ambient water data for pesticides applied);
h. If laboratory tests were performed, an indication of which test(s) were performed, and
when; additionally, a summary of the test results must be provided within 5 days after
they become available if not available at the time of submission of the 30-day report;
i. Description of actions to be taken to prevent recurrence of adverse incidents; and
j. Signature, date, and certification in accordance with Appendix B, Subsection B.l I.
6.4.3 Notification and Reporting for Adverse Incidents Involving Multiple Operators
Where multiple Operators are authorized for a discharge that results in an adverse
incident,notification and reporting by any one of the Operators constitutes compliance
for all of the Operators, provided a copy of the written report required in Part 6.4.2 is
also provided to all of the other authorized Operators within 30 days of the reportable
adverse incident.
6.5 Other Corrective Action Documentation
For situations identified in Part 6.1, other than for adverse incidents (addressed in Part 6.4),
Operators must document the situation triggering corrective action and planned corrective
action within 30 days of becoming aware of that situation, and retain a copy of this
documentation. This documentation must include the following information:
a. Identification of the condition triggering the need for corrective action review,
including any ambient water quality monitoring that assisted in determining that
discharges did not meet water quality standards;
b. Brief description of the situation;
c. Date the problem was identified;
d. Brief description of how the problem was identified,how the Operator learned of the
situation, and date the Operator learned of the situation;
e. Summary of corrective action taken or to be taken, including date initiated and date
completed or expected to be completed;and
f. Any measures to prevent reoccurrence of such an incident, including notice of
whether PDMP modifications are required as a result of the incident.
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7.0 Recordkeeping
The recordkeeping requirements vary depending on the type of Operator, and whether a
Decision-maker is a small or large entity. Table 7-1 references applicable requirements
for the range of Operators covered under this permit.
Table 7-1: Applicable Recordkeeping Requirements for Different Types of Operators.
PGP Part Applicable Type of Operator
7.1 Recordkeeping:All Operators
7.2 Recordkeeping:All Operators who are For-Hire Applicators, as defined in Appendix A
7.3 Recordkeeping:Any Decision-maker required to submit a Compliance Certification and
who is a small entity'
7,4 Recordkeeping: Any Decision-maker required to submit a Compliance Certification and
who is a large entity
7.5 Retention of Records: All Operators
'Small Entity—As defined in Appendix A,is any(1)public entity that serves a population of 10,000 or less or(2)
private enterprise that does not exceed the Small Business Administration size standard as identified at:
www.sba.qov/contractingopportunities/officials/size/table/index.htm I.
'Large Entity-As defined in Appendix A,is any(1)public entity that serves a population greater than 10,000 or(2)
private enterprise that exceeds the Small Business Administration size standard as identified at:
www.sba.govlcontractingopportu n ities/officials/size/table/i ndex.htm I.
Operators must keep written records as required in this permit for all discharges covered
under this permit. These records must be accurate and complete to demonstrate the
Operator's compliance with the conditions of this permit. Operators may rely on records
and documents developed for other obligations, such as requirements under FIFRA, and
state or local pesticide programs, provided that all requirements of this permit are
satisfied.
The Division recommends that all Decision-makers,who are or may be required to submit
a Compliance Certification based on their annual treatment area, keep records of acres or
linear miles treated for all applicable use patterns covered under this general permit. The
records should be kept up-to-date to help Decision-makers determine if the annual
treatment area threshold, as identified in Part 1.2.2, is met during any calendar year.
7.1 Recordkeeping For All Operators
All Operators must keep the following records:
a. A copy of any Adverse Incident Reports (See Part 6.4.2);
b. Rationale for any determination that reporting of an identified adverse incident is not
required, consistent with allowances identified in Part 6.4.1.2; and
c. A copy of any corrective action documentation(See Part 6.6).
7.2 Recordkeeping for All Operators who are For-Hire Applicators
Beginning January 12, 2012, any Operator who is a For-Hire Applicator, as defined in
Appendix A, must retain the following records:
a. Documentation of equipment calibration;and
b. Information on each treatment area to which pesticides are discharged, including:
1. Description of each treatment area, including location and size(acres or linear
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feet)of treatment area and identification of any waters, either by name or by
location,to which pesticide(s)are discharged;
2. Pesticide use pattern(s) (i.e., mosquito and other flying insects, weed and algae,
animal pest, or forest canopy);
3. Target pest(s);
4. Name of each pesticide product used including the EPA registration number;
5. Quantity of each pesticide product applied to each treatment area;
6. Pesticide application date(s); and
7. Whether or not visual monitoring was conducted during pesticide application
and/or post-application and if not, why not and whether monitoring identified any
possible or observable adverse incidents caused by application of pesticides.
7.3 Recordkeeping for Any Decision-maker Required to Submit a Compliance
Certification and Who is a Small Entity
Beginning January 12, 2012, any Decision-maker required to submit a Compliance
Certification that is defined as a small entity,must retain the following records at the
address provided on the Compliance Certification:
a. Copy of the Compliance Certification submitted to the Division, and any
correspondence exchanged between the Decision-maker and the Division specific
to coverage under this permit;
b. Documentation of equipment calibration(only if Decision-maker is also the
Applicator);
c. Information on each treatment area to which pesticides are discharged, including:
1. Description of treatment area, including location and size (acres or linear feet)of
treatment area and identification of any surface waters of the State, either by
name or by location,to which pesticide(s)are discharged;
2. Pesticide use pattern(s)(i.e., mosquito and other flying insects, weed and algae,
animal pest, or forest canopy);
3. Target pest(s) and explanation of need for pest control;
4. Description of pest management measure(s) implemented prior to the first
pesticide application;
5. Company name and contact information for pesticide applicator;
6. Name of each pesticide product used including the EPA registration number;
7. Quantity of each pesticide product applied to each treatment area;
8. Pesticide Application Start Date;
9. Pesticide Application End Date; and
10. Whether or not visual monitoring was conducted during pesticide application
and/or post-application and if not, why not and whether monitoring identified any
possible or observable adverse incidents caused by application of pesticides.
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7.4 Recordkeeping for Any Decision-maker Required to Submit a Compliance
Certification and Who is a Large Entity
Beginning January 12, 2012, any Decision- maker required to submit a Compliance
Certification that is defined as a large entity must retain the following records at the
address provided on the Compliance Certification:
a. Copy of the Compliance Certification submitted to the Division, and any
correspondence exchanged between the Decision-maker and the Division specific
to coverage under this permit;
b. A copy of the PDMP, including any modifications made to the PDMP during the term
of this permit;
c. Documentation of equipment calibration (only if Decision-maker is also the Applicator);
d. Information on each treatment area to which pesticides are discharged, including:
1. Description of each treatment area, including location and size (acres or linear feet)
of treatment area and identification of any surface waters of the State, either by name or
by location,to which pesticide(s)are discharged;
2. Pesticide use pattern(s)(i.e., mosquito and other flying insects, weed and algae,
animal pest, or forest canopy);
3. Target pest(s) and explanation of need for pest control;
4. Action Thresholds;
5. Method and/or data used to determine that action threshold(s)has been met;
6. Description of pest management measure(s) implemented prior to the first
pesticide application;
7. Company name and contact information for pesticide applicator;
8. Name of each pesticide product used including the EPA registration number;
9. Quantity of each pesticide product applied to each treatment area;
10. Pesticide application date(s); and
11. Whether or not visual monitoring was conducted during pesticide application
and/or post-application and if not, why not and whether monitoring identified any
possible or observable adverse incidents caused by application of pesticides.
7.5 Retention of Records for All Operators
All required records must be documented as soon as possible but no later than 14 days
following completion of each pesticide application. Operators must retain any records
required under this permit for at least 3 years after the Operator's coverage under this
permit expires or is terminated. Operators must make available to the Division, including
an authorized representative of the Division, all records kept under this permit upon
request and provide copies of such records, upon request.
7.6 Compliance Certification
7.6.1 Decision-makers Required to Submit a Compliance Certification
Any "Decision-maker who is or will be required to submit a Compliance Certification"as
defined in Appendix A, is identified in Table 7-2.
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For calculating annual treatment area totals for purposes of determining if a Compliance
Certification must be submitted, see the definition for"annual treatment area threshold"
in Appendix A of the permit.
A Compliance Certification provides notice to the Division that a Decision-maker is
operating in accordance with this general permit for discharges to surface waters of the State from
pesticide application activities eligible for coverage under this permit. The Compliance
Certification must at least include the following information:
a. Operator name;
b. Operator Type;
c. Operator Representatives and Contact Information;
d. Applicator name, Applicator Representatives, and Contact Information; and
e. Pest Management Areas and related information.
If required to submit a Compliance Certification, a Decision-maker must submit the
Compliance Certification once, in accordance with the deadlines in Part 7.6, Table 7-3.
The Decision-maker must submit an updated Compliance Certification if the criteria in
Part 7.6, Table 7-4 are met.
Applicators who are not also Decision-makers do not need to submit a Compliance
Certification.
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Table 7-2. Decision-makers Required to Submit a Compliance Certification
PGP Part/ Which Decision-makers Must Submit For Which Pesticide Application
Pesticide Use Certifications of Compliance Activities?
All four use Any Decision-maker with an eligible discharge to an Activities resulting in a discharge to an
patterns identified Outstanding Water consistent with Part 1.1.2.2 Outstanding Water
in Part 1.1.1
1.1.1(a)- Any Agency for which pest management for land All mosquito and other flying insect
Mosquito and Other resource stewardship is an integral part of the pest control activities resulting in a
Flying Insect Pest organization's operations. discharge to surface waters of
Control the State.
Mosquito control districts, or similar pest control All mosquito and other flying insect
districts pest control activities resulting in a
discharge surface waters of the
State.
Local governments or other entities that exceed the Adulticide treatment if more than
annual treatment area threshold identified here 6,400 acres during a calendar year
1.1.1(b)- Any Agency for which pest management for land All weed and algae pest control
Weed and Algae resource stewardship is an integral part of the activities resulting in a discharge to
Pest Control organization's operations. surface waters of the State.
Irrigation and weed control districts, or similar pest All weed and algae pest control
control districts activities resulting in a discharge to
surface waters of the State.
Local governments or other entities that exceed the Treatment during a calendar year if
annual treatment area threshold identified here more than either:
20 linear miles
OR
80 acres of water(i.e., surface area)
1.1.1(c)- Any Agency for which pest management for land All animal pest control activities
Animal Pest Control resource stewardship is an integral part of the resulting in a discharge to surface
organization's operations. waters of the State.
Local governments or other entities that exceed the Treatment during a calendar year if
annual treatment area threshold identified here more than either:
20 linear miles
OR
80 acres of water(i.e.,surface area)
1.1.1.(d)- Any Agency for which pest management for land All forest canopy pest control
Forest Canopy Pest resource stewardship is an integral part of the activities resulting in a discharge to
Control organization's operations. surface waters of the State.
Local governments or other entities that exceed the Treatment if more than 6,400 acres
annual treatment area threshold identified here during a calendar year
7.6.2 Compliance Certification Due Date
For discharges authorized under this permit beginning on the effective date of this permit
through June 30, 2013, Compliance Certifications are due to be received by the Division no
later than July 1, 2013. For discharges authorized under this permit that commence after
June 30, 2013, Compliance Certifications are due according to the following schedule.
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Table 7-3. Compliance Certification Submittal Deadlines for Discharges that Commence after June
30, 2013
After June 30, 2013,any eligible discharge for which a Compliance Certification is required must submit a Compliance Certification
consistent with the earliest due date identified below. Compliance Certification due dates for any discharges occurring on or after July
1,2013 are as follows:
Operator Type Compliance Certification Submission Deadline
Any Decision-maker with a discharge in response to a At least 30 days after beginning discharge.
Declared Pest Emergency for which that activity triggers the
Compliance Certification requirement identified in Part 7.6.1
Any Decision-maker that exceeds any annual treatment At least 10 days before exceeding an annual treatment area
area threshold. threshold.
Any Decision-maker otherwise required to submit an At least 10 days before any discharge for which a
NOI as identified in Table 7-2. Compliance Certification is required.
Table 7-4 Compliance Certification Change of Information Submittal Deadlines
Operator Type Compliance Certification Submission Deadline
Any Decision-maker requiring permit coverage for a At least 10 days before beginning to discharge in that
pest management area not identified on a previously newly identified area unless discharges are in response to
submitted Compliance Certification for this permit, a Declared Pest Emergency Situation in which case not
except for discharges to any Outstanding Water later than 30 days after beginning discharge.
Except for such waters, changes other than
identification of a new pest management area or a
new pesticide use pattern do not require a revised
Compliance Certification submittal.
Any Decision-maker discharging to an Outstanding At least 10 days before beginning to discharge in that
Water not identified by name on a previously submitted newly identified Outstanding Water unless discharges are
Compliance Certification for this permit in response to a Declared Pest Emergency Situation in
which case not later than 30 days after beginning
discharge.
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8.0 Division Contact Information and Mailing Addresses
All written correspondence concerning discharges covered under this permit and directed to the
Division, must be sent to the addresses listed below in Part 8.1.
Note: If the Division notifies dischargers (either directly, by public notice, or by making
information available on the Internet) of other reporting options that become available at a later date
(e.g., electronic submission), Operators may take advantage of those options, in accordance with the
instructions provided by the Division to satisfy the reporting requirements of this permit.
8.1 Division Notifications
Oral Notifications, during normal business hours shall be to:
Compliance Assurance Section—Industrial Compliance Program
Water Quality Control Division
Telephone: (303) 692-3500
Written notification shall be to:
Compliance Assurance Section— Industrial Compliance Program
Water Quality Control Division
Colorado Department of Public Health and Environment
WQCD-WQP-B2
W QP-B2
4300 Cherry Creek Drive South
Denver, CO 80246-1530
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Appendix A
Definitions, Abbreviations, and Acronyms
A.1 Definitions
Action Threshold—the point at which pest populations or environmental conditions necessitate
that pest control action be taken based on economic,human health, aesthetic,or other effects.
An action threshold may be based on current and/or past environmental factors that are or have
been demonstrated to be conducive to pest emergence and/or growth, as well as past and/or
current pest presence. Action thresholds are those conditions that indicate both the need for
control actions and the proper timing of such actions.
Active Ingredient—any substance(or group of structurally similar substances if specified by the
Agency) that will prevent, destroy, repel or mitigate any pest, or that functions as a plant
regulator, desiccant, or defoliant within the meaning of FIFRA sec. 2(a). [40 CFR 152.3]
Active ingredient also means a pesticidal substance that is intended to be produced and used in a
living plant, or in the produce thereof, and the genetic material necessary for the production of
such a pesticidal substance. [40 CFR 174.3]
Adverse Incident—means an unusual or unexpected incident that an Operator has observed
upon inspection or of which the Operator otherwise become aware, in which:
(I) There is evidence that a person or non-target organism has likely been exposed to a
pesticide residue, and
(2) The person or non-target organism suffered a toxic or adverse effect.
The phrase toxic or adverse effects includes effects that occur within surface waters of the State
on non-target plants, fish or wildlife that are unusual or unexpected (e.g., effects are to organisms
not otherwise described on the pesticide product label or otherwise not expected to be present) as
a result of exposure to a pesticide residue, and may include:
• Distressed or dead juvenile and small fishes
• Washed up or floating fish
- Fish swimming abnormally or erratically
• Fish lying lethargically at water surface or in shallow water
• Fish that are listless or nonresponsive to disturbance
• Stunting, wilting, or desiccation of non-target submerged or emergent aquatic
plants
• Other dead or visibly distressed non-target aquatic organisms (amphibians,turtles,
invertebrates, etc.)
The phrase, toxic or adverse effects, also includes any adverse effects to humans (e.g., skin
rashes) or domesticated animals that occur either from direct contact with or as a secondary
effect from a discharge (e.g., sickness from consumption of plants or animals containing
pesticides)to surface waters of the State that are temporally and spatially related to exposure to a
pesticide residue(e.g., vomiting, lethargy).
Annual Treatment Area Threshold—an area(in acres)or linear distance(in miles) in a
calendar year to which a Decision-maker is authorizing and/or performing pesticide applications
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in that area for activities covered under this permit.
For calculating annual treatment areas for Mosquitoes and Other Flying Insect Pest Control and
Forest Canopy Pest for comparing with any threshold in Table 7-2, count each pesticide
application activity to a treatment area(i.e., that area where a pesticide application is intended to
provide pesticidal benefits within the pest management area) as a separate area treated. For
example, applying pesticides three times a year to the same 3,000 acre site should be counted as
9,000 acres of treatment area for purposes of determining if such an application exceeds an
annual treatment area threshold. The treatment area for these two pesticide use patterns is
additive over the calendar year.
For calculating annual treatment areas for Weed and Algae Control and Animal Pest Control for
comparing with any threshold in Table 7-2, calculations should include either the linear extent of
or the surface area of waters for applications made to surface waters of the State or at water's
edge adjacent to surface waters of the State. For calculating the annual treatment area, count
each treatment area only once, regardless of the number of pesticide application activities
performed on that area in a given year. Also, for linear features (e.g., a canal or ditch), use the
length of the linear feature whether treating in or adjacent to the feature, regardless of the number
of applications made to that feature during the calendar year. For example, whether treating the
bank on one side of a ten-mile long ditch, banks on both sides of the ditch, and/or water in that
ditch,the total treatment area is ten miles for purposes of determining if a Compliance
Certification is required to be submitted. Additionally, if the same 10 miles area is treated more
than once in a calendar year, the total area treated is still 10 miles for purposes of comparing with
any threshold in Table 7-2. The treatment area for these two pesticide use patterns is not additive
over the calendar year.
Applicator—any entity who performs the application of a pesticide or who has day-to-day
control of the application (i.e., they are authorized to direct workers to carry out those activities)
that results in a discharge to surface waters of the State.
Biological Control Agents—these agents are organisms that can be introduced to Operator sites,
such as herbivores, predators,parasites,and hyperparasites. [Source: US FWS 1PM Guidance,
2004]
Biological Pesticides (also called biopesticides)— include microbial pesticides, biochemical
pesticides and plant-incorporated protectants(PIP). Microbial pesticide means a microbial agent
intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a
plant regulator, defoliant, or dessicant,that(1) is a eucaryotic microorganism including,but not
limited to, protozoa, algae, and fungi; (2) is a procaryotic microorganism, including, but not
limited to, Eubacteria and Archaebacteria;or(3) is a parasitically replicating microscopic
element, including but not limited to, viruses. [40 CFR 158.2100(b)] Biochemical pesticide
mean a pesticide that(1) is a naturally-occurring substance or structurally-similar and
functionally identical to a naturally-occurring substance; (2) has a history of exposure to humans
and the environment demonstrating minimal toxicity, or in the case of a synthetically-derived
biochemical pesticides, is equivalent to a naturally-occurring substance that has such a history;
and(3) Has a non-toxic mode of action to the target pest(s). [40 CFR 158.2000(a)(1)] Plant-
incorporated protectant means a pesticidal substance that is intended to be produced and used in a
living plant,or in the produce thereof,and the genetic material necessary for production of such a
pesticidal substance. It also includes any inert ingredient contained in the plant, or produce
thereof. [40 CFR 174.3]
Chemical Pesticides—all pesticides not otherwise classified as biological pesticides.
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Cultural Methods—manipulation of the habitat to increase pest mortality by making the habitat
less suitable to the pest.
Decision-maker—any entity with control over the decision to perform pesticide applications
including the ability to modify those decisions that result in a discharge to surface waters of the
State.
Decision-maker Who is or Will be Required to Submit a Compliance Certification —any
Decision-maker covered under the PGP who knows or should have known that a Compliance
Certification will be required for those discharges beginning January 12, 2012. Excluded from
this definition are those activities for which a Compliance Certification is required based solely
on that Decision-Maker exceeding an annual treatment area threshold.
Declared Pest Emergency Situation —an event defined by a public declaration by a federal
agency, state, or local government of a pest problem determined to require control through
application of a pesticide beginning less than ten days after identification of the need for pest
control. This public declaration may be based on:
(1) Significant risk to human health;
(2) Significant economic loss; or
(3) Significant risk to:
(i) Endangered species,
(ii) Threatened species,
(iii) Beneficial organisms, or
(iv) The environment.
Director—a Regional Administrator of the Environmental Protection Agency or an authorized
representative. [Excerpted from 40 CFR 122.2]
Discharge—when used without qualification, means the "discharge of a pollutant." [40 CFR
122.2]
Discharge of a pollutant—any addition of any"pollutant"or combination of pollutants to
"surface waters of the State"from any"point source,"or any addition of any pollutant or
combination of pollutants to the water of the"contiguous zone"or the ocean from any point
source other than a vessel or other floating craft that is being used as a means of transportation.
This includes additions of pollutants into surface waters of the State from: surface runoff that is
collected or channeled by man; discharges through pipes, sewers, or other conveyances, leading
into privately owned treatment works. [Excerpted from 40 CFR 122.2]
EPA Approved or Established Total Maximum Daily Loads (TMDLs)—"EPA Approved
TMDLs"are those that are developed by a State and approved by EPA. "EPA Established
TMDLs"are those that are issued by EPA.
Facility or Activity—any NPDES "point source" (including land or appurtenances thereto)that
is subject to regulation under the NPDES program. [40 CFR 122.2]
Federal Facility—any buildings, installations, structures, land, public works, equipment,
aircraft, vessels, and other vehicles and property, owned, operated, or leased by, or constructed
or manufactured for the purpose of leasing to, the federal government.
For-Hire Applicator— includes persons who make contractual pesticide applications for which
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they or their employer receives compensation(e.g., lawn care firms, pest control companies).
Impaired Water(or"Water Quality Impaired Water"or"Water Quality Limited Segment")—a
water is impaired for purposes of this permit if it has been identified by a State, Tribe or EPA
pursuant to Section 303(d) of the Clean Water Act as not meeting applicable State or Tribal water
quality standards(these waters are called"water quality limited segments" under 40 CFR
130.2(j)). Impaired waters include both waters with approved or established TMDLs, and those
for which a TMDL has not yet been approved or established.
Indian Country—(a)all land within the limits of any Indian reservation under the jurisdiction of
the United States Government, notwithstanding the issuance of any patent, and including rights-
of-way running through the reservation; (b) all dependent Indian communities within the borders
of the United States, whether within the original or subsequently acquired territory thereof, and
whether within or without the limits of a State, and (c) all Indian allotments,the Indian titles to
which have not been extinguished, including rights-of-way running through the same. This
definition includes all land held in trust for an Indian tribe. [18 U.S.C. 1151; 40 CFR 122.2]
Inert Ingredient—any substance (or group of structurally similar substances if designated by
the Agency), other than an active ingredient,that is intentionally included in a pesticide product,.
[40 CFR 152.3] Inert ingredient also means any substance, such as a selectable marker, other
than the active ingredient,where the substance is used to confirm or ensure the presence of the
active ingredient, and includes the genetic material necessary for the production of the substance,
provided that genetic material is intentionally introduced into a living plant in addition to the
active ingredient. [40 CFR 174.3]
Large Entity - any entity that is not a"small entity."
Mechanical/Physical Methods- mechanical tools or physical alterations of the environment,for
pest prevention or removal.
Minimize—to reduce and/or eliminate pesticide discharges to surface waters of the State
through the use of Pest Management Measures to the extent technologically available and
economically practicable and achievable.
Non-target Organisms — includes the plant and animal hosts of the target species, the natural
enemies of the target species living in the community, and other plants and animals, including
vertebrates, living in or near the community that are not the target of the pesticide.
Operator—for the purpose of this permit, means any entity associated with the application of
pesticides which results in a discharge to surface waters of the State that meets either of the
following two criteria:
(i) any entity who performs the application of a pesticide or who has day-to-day control of
the application (i.e., they are authorized to direct workers to carry out those activities); or
(ii) any entity with control over the decision to perform pesticide applications including the
ability to modify those decisions.
Outstanding Waters—for antidegradation purposes, pursuant to 40 CFR 13I.12(a)(3),
Outstanding waters are identified by States or Tribes as having high quality waters constituting an
Outstanding National Resource Water(ONRW), which may include waters of National Parks and
State Parks, wildlife refuges, and waters of exceptional recreational or ecological significance.
Person—an individual,association, partnership, corporation, municipality, State or Federal
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agency,or an agent or employee thereof.
Pest—Consistent with 40 CFR 152.5, any organism under circumstances that make it deleterious
to man or the environment, if it is:
(a)Any vertebrate animal other than man;
(b)Any invertebrate animal, including but not limited to, any insect, other arthropod,
nematode,or mollusk such as a slug and snail, but excluding any internal parasite of living
man or other living animals;
(c)Any plant growing where not wanted, including any moss, alga, liverwort, or other plant of
any higher order, and any plant part such as a root; or
(d)Any fungus, bacterium,virus, or other microorganism, except for those on or in living man
or other living animals and those on or in processed food or processed animal feed,
beverages, drugs (as defined in FFDCA sec. 201(g)(1)) and cosmetics (as defined in
FFDCA sec. 20I(i)).
Pest Management Area—The area of land, including any water, for which an Operator has
responsibility and is authorized to conduct pest management activities as covered by this permit
(e.g., for an Operator who is a mosquito control district, the pest management area is the total
area of the district).
Pest Management Measure— any practice used to meet the effluent limitations that comply
with manufacturer specifications, industry standards and recommended industry practices related
to the application of pesticides, relevant legal requirements and other provisions that a prudent
Operator would implement to reduce and/or eliminate pesticide discharges to waters of the
United States.
Pesticide—means (1) any substance or mixture of substances intended for preventing, destroying,
repelling, or mitigating any pest, (2) any substance or mixture of substances intended for use as a
plant regulator, defoliant, or desiccant, and (3) any nitrogen stabilizer, except that the term
"pesticide" shall not include any article that is a"new animal drug" within the meaning of
section 201(w) of the Federal Food, Drug, and Cosmetic Act(21 U.S.C. 321(w)), that has been
determined by the Secretary of Health and Human Services not to be a new animal drug by a
regulation establishing conditions of use for the article, or that is an animal feed within the
meaning of section 201(x) of such Act(21 U.S.C. 321(x)) bearing or containing a new animal
drug. The term"pesticide"does not include liquid chemical sterilant products (including any
sterilant or subordinate disinfectant claims on such products) for use on a critical or semi-critical
device, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act(21 U.S.C. 321).
For purposes of the preceding sentence,the term "critical device" includes any device that
introduced directly into the human body, either into or in contact with the bloodstream or
normally sterile areas of the body and the term "semi-critical device" includes any device that
contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or
otherwise enter normally sterile areas of the body [FIFRA Section 2(u)].
The term "pesticide"applies to insecticides, herbicides,fungicides, rodenticides, and various
other substances used to control pests. The definition encompasses all uses of pesticides
authorized under FIFRA including uses authorized under sections 3 (registration), 5
(experimental use permits), 18 (emergency exemptions),24(c)(special local needs registrations),
and 25(b) (exemptions from FIFRA).
Note: drugs used to control diseases of humans or animals(such as livestock, fishstock and pets)
are not considered pesticides; such drugs are regulated by the Food and Drug Administration.
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Fertilizers,nutrients, and other substances used to promote plant survival and health are not
considered plant growth regulators and thus are not pesticides. Biological control agents,except
for certain microorganisms,are exempted from regulation under FIFRA. (Biological control
agents include beneficial predators such as birds or ladybugs that eat insect pests, parasitic
wasps, fish, etc).
This permit uses the term "pesticide"when referring to the "pesticide, as applied. " When
referring to the chemical in the pesticide product with pesticidal qualities, the permit uses the
term "active ingredient. "
Pesticide Product—a pesticide in the particular form (including composition,packaging, and
labeling) in which the pesticide is, or is intended to be, distributed or sold. The term includes any
physical apparatus used to deliver or apply the pesticide if distributed or sold with the pesticide.
Pesticide Research and Development—Activities undertaken on a systematic basis to gain new
knowledge (research) and/or the application of research findings or other scientific knowledge for
the creation of new or significantly improved products or processes (experimental development).
Pesticide Residue— includes that portion of a pesticide application that is discharged from a
point source to Waters of the US and no longer provides pesticidal benefits. It also includes any
degradates of the pesticide.
Point source—any discernible,confined, and discrete conveyance, including but not limited to
any pipe, ditch, channel, tunnel, conduit,well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, landfill leachate collection system, vessel, or other
floating craft from which pollutants are or may be discharged. This term does not include return
flows from irrigated agriculture or agricultural stormwater runoff. [40 CFR 122.2]
Pollutant—dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, heat, wrecked or discarded
equipment,rock, sand, cellar dirt, and industrial, municipal,and agricultural waste discharged
into water. For purposes of this definition, a"biological pesticide" is considered a"biological
material,"and any"pesticide residue" resulting from use of a"chemical pesticide" is considered
a"chemical waste." [Excerpted from 40 CFR 122.2]
Small Entity - any(1) private enterprise that does not exceed the Small Business Administration
size standard as identified at 13 CFR 121.201, or (2) local government that serves a population of
10,000 or less.
State - means any of the 50 States,the District of Columbia, Guam,the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana
Islands, the Trust Territory of the Pacific Islands.
Surface waters of the state- Surface waters of the state of Colorado means any and all surface
and subsurface waters which are contained in or flow in or through this State, but does not
include waters in sewage systems, waters in treatment works of disposal systems, waters in
potable water distribution systems, and all water withdrawn for use until use and treatment have
been completed.
Target Pest—the organism(s)toward which pest management measures are being directed.
Total Maximum Daily Loads (TMDLs)—a TMDL is a calculation of the maximum amount of
a pollutant that a water body can receive and still meet water quality standards, and an allocation
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of that amount to the pollutant's sources. A TMDL includes wasteload allocations(W LAs) for
point source discharges; load allocations(LAs) for nonpoint sources and/or natural background,
and must include a margin of safety(MOS) and account for seasonal variations. [See section
303(d) of the Clean Water Act and 40 CFR 130.2 and 130.7]
Treatment Area—the entire area, whether over land or water, where a pesticide application is
intended to provide pesticidal benefits within the pest management area. In some instances,the
treatment area will be larger than the area where pesticides are actually applied. For example,
the treatment area for a stationary drip treatment into a canal includes the entire width and length
of the canal over which the pesticide is intended to control weeds. Similarly,the treatment area
for a lake or marine area is the water surface area where the application is intended to provide
pesticidal benefits.
Water Quality Impaired — See `Impaired Water'.
Water Quality Standards—A water quality standard defines the water quality goals of a water
body, or portion thereof, by designating the use or uses to be made of the water and by setting
criteria necessary to protect the uses. Water quality standards also include an antidegradation
policy and implementation procedures. See P.U.D. o. 1 of Jefferson County et al v. Wash Dept of
Ecology et al, 511 US 701, 705 (1994). States, Tribes and EPA adopt water quality standards to
protect public health or welfare,enhance the quality of water and serve the purposes of the Clean
Water Act(See CWA sections 101(a)2 and 303(c)). Where necessary, EPA has the authority to
promulgate federal water quality standards.
Wetlands—means those areas that are inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. [40 CFR 122.2]
A.2 Abbreviations and Acronyms
CDPS Colorado Discharge Permit System
CERCLA Comprehensive Environmental Response, Compensation and Liability Act
CWA Clean Water Act(or the Federal Water Pollution Control Act, 33 U.S.C. §1251
et seq)
EPA U. S. Environmental Protection Agency
ESA Endangered Species Act
FIFRA Federal Insecticide, Fungicide, and Rodenticide Act, 7 USC 136 et seq.
FWS U. S. Fish and Wildlife Service
IPM Integrated Pest Management
NEPA National Environmental Policy Act
NOT Notice of Termination
NPDES National Pollutant Discharge Elimination System
PDMP Pesticide Discharge Management Plan
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SARA Superfund Amendments and Reauthorization Act
TMDL Total Maximum Daily Load
U.S.C. United States Code
WQS Water Quality Standard
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Appendix B. Standard
Permit Conditions
Standard permit conditions in Appendix B generally are consistent with the permit provisions
required in 40 CFR 122.41 but are modified to reflect the nature of discharges covered under this
general permit.
B.1 Duty to Comply
Operators must comply with all conditions of this permit. Any permit noncompliance constitutes a
violation of the CWA and is grounds for enforcement action; for permit termination, revocation
and reissuance,or modification; or for denial of a permit renewal application.
Operators must comply with effluent standards or prohibitions established under CWA section
307(a) for toxic pollutants within the time provided in the regulations that establish these
standards, even if the permit has not yet been modified to incorporate the requirement.
B.2 Duty to Reapply
This permit does not have an application requirement. Therefore the standard provisions
regarding a duty to reapply are not applicable to this permit at this time.
B.3 Need to Halt or Reduce Activity Not a Defense
It will not be a defense for an Operator in an enforcement action that it would have been
necessary to halt or reduce the permitted activity to maintain compliance with the conditions of
this permit.
B.4 Duty to Mitigate
Operators must take all reasonable steps to minimize or prevent any discharge in violation of this
permit, which has a reasonable likelihood of adversely affecting human health or the
environment.
B.5 Proper Operation and Maintenance
Operators must at all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances)which the Operators installs or uses to achieve
compliance with the conditions of this permit. Proper operation and maintenance also includes
adequate laboratory controls and appropriate quality assurance procedures. This provision
requires the operation of backup or auxiliary facilities or similar systems which the Operator
installs only when the operation is necessary to achieve compliance with the conditions of this
permit.
B.6 Permit Actions
This permit may be modified, revoked and reissued,or terminated for cause. An Operator's filing
of a request for a permit modification,revocation and reissuance,or termination,or a notification
of planned changes or anticipated noncompliance does not stay any permit condition.
B.7 Property Rights
This permit does not convey any property rights of any sort, or any exclusive privileges.
B-1
B.8 Duty to Provide Information
Operators must furnish to the Division or an authorized representative(including an authorized
contractor acting as a representative of the Division), within a reasonable time,any information
that the Division may request to determine whether cause exists for modifying, revoking and
reissuing, or terminating this permit or to determine compliance with this permit. Operators must
also furnish to the Division or an authorized representative upon request, copies of records
required to be kept by this permit.
B.9 Inspection and Entry
Operators must allow the Division, or an authorized representative(including an authorized
contractor acting as a representative of the Division), upon presentation of credentials and other
documents as may be required by law, to do the following:
A. Enter upon an Operator's premises where a regulated activity is located or conducted,or
where records must be kept under the conditions of this permit;
B. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
C. Inspect at reasonable times any facilities,equipment(including monitoring and control
equipment),practices, or operations regulated or required under this permit; and
D. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the CWA, any substances or parameters at any location.
B.10 Monitoring and Records
A. Operators must retain records of all reports required by this permit, and records of all data
used to complete the Compliance Certification for this permit,for a period of at least 3
years from the date the permit expires or the date the Operator's authorization is
terminated. That period may be extended by request of the Division at any time.
[As written, this permit does not require Operators to perform the type of sample collection
and monitoring described in the following sections of this appendix, B.10.B through B.10.F.
However, where the Division requires any monitoring, the sample collection and
monitoring requirements in B.10.B through B.10.F of this appendix apply to those
Operators that collect samples.]
B. Samples and measurements taken for the purpose of monitoring must be representative of
the volume and nature of the monitored activity.
C. Operators must retain records of all monitoring information, including all calibration and
maintenance records and all original strip chart recordings for continuous monitoring
instrumentation, for a period of at least 3 years from the date the permit expires or the date
the Operator's authorization is terminated. This period may be extended by request of the
Division at any time.
D. Records of monitoring information must include the following:
I. The date, exact place, and time of sampling or measurements;
2. The individual(s)who performed the sampling or measurements;
3. The date(s)analyses were performed
4. The individual(s)who performed the analyses;
5. The analytical techniques or methods used; and
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6. The results of such analyses
E. Monitoring must be conducted according to test procedures approved under 40 CFR Part
136, unless other test procedures have been specified in the permit.
B.11 Signatory Requirements
A. All applications,must be signed as follows:
1. For a corporation: By a responsible corporate officer. For the purpose of this
subsection, a responsible corporate officer means: (i) a president, secretary, treasurer,
or vice-president of the corporation in charge of a principal business function, or any
other person who performs similar policy-or decision-making functions for the
corporation, or (ii)the manager of one or more manufacturing, production, or
operating facilities,provided, the manager is authorized to make management
decisions that govern the operation of the regulated activity including having the
explicit or implicit duty of making major capital investment recommendations,and
initiating and directing other comprehensive measures to assure long-term
environmental compliance with environmental laws and regulations;the manager can
ensure that the necessary systems are established or actions taken to gather complete
and accurate information for permit application requirements;and where authority to
sign documents has been assigned or delegated to the manager in accordance with
corporate procedures.
2. For a partnership or sole proprietorship: By a general partner or the proprietor,
respectively; or
3. For a municipality,state, federal, or other public agency: By either a principal executive
officer or ranking elected official. For purposes of this subsection, a principal executive
officer of a federal agency includes (i)the chief executive officer of the agency, or(ii) a
senior executive officer having responsibility for the overall operations of a principal
geographic unit or the agency(e.g., Regional Administrator of EPA).
B. Any Pesticide Discharge Management Plan (PDMP), including changes to the PDMP to
document any corrective actions taken as required by Part 6, and all reports submitted to the
Division, must be signed by a person described in Appendix B, Subsection B.1 1.A above or
by a duly authorized representative of that person. A person is a duly authorized
representative only if the following are true:
I. The authorization is made in writing by a person described in Appendix B, Subsection
B.11.A;
2. The authorization specifies either an individual or a position having responsibility for
the overall operation of the regulated activity such as the position of superintendent,
position of equivalent responsibility, or an individual or position having overall
responsibility for environmental matters for the company. (A duly authorized
representative may thus be either a named individual or any individual occupying a
named position); and
3. The signed and dated written authorization is included in the PDMP. A copy must be
submitted to the Division, if requested.
C. All other changes to the PDMP, and other compliance documentation required under this
permit, must be signed and dated by the person preparing the change or documentation.
D. Changes to Authorization. This permit does not have an application requirement and as such
operator—specific authorizations will not be administered by the Division. Therefore the
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standard provision regarding changes to an authorization do not apply to this permit at this
time.
E. Any person signing documents in accordance with Appendix B, Subsections B.l LA or
B.1 1.B above must include the following certification:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gathered and evaluated the information contained therein.
Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information contained is, to the
best of my knowledge and belief,true, accurate, and complete. I am aware that there
are significant penalties for submitting false information, including the possibility of
fine and imprisonment for knowing violations."
F. The CWA provides that any person who knowingly makes any false statement,
representation,or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance will, upon conviction, be punished by a fine of not more than $10,000 per
violation,or by imprisonment for not more than 6 months per violation, or by both.
B.12 Reporting Requirements
A. Anticipated noncompliance. Operators must give advance notice to the Division of any
planned changes in the permitted activity which may result in noncompliance with
permit requirements.
B. Transfers. Since this permit provides automatic authorization to operators eligible for
coverage under this permit,operations can be transferred to another entity automatically,
without notification to the Division.
C. Pesticide Monitoring Reports. This permit does not require Operators to report monitoring
results routinely; however, the Division may, require certain Operators to monitor and
report such results. In such instances, provisions of B.12.C apply.
1. Monitoring data must be submitted to the Division.
2. If an Operator monitors any pollutant more frequently than required using test
procedures approved under 40 CFR Part 136 or as otherwise specified by the Division,
the results of this monitoring must be included in reporting of monitoring data
submitted to the Division.
3. Calculations for all limitations that require averaging of measurements must use an
arithmetic mean unless otherwise specified by the Division.
D. Compliance schedules.Reports of compliance or noncompliance with, or any progress
reports on, interim and final requirements contained in any compliance schedule of this
permit must be submitted no later than 14 days following each schedule date.
E. Twenty-four hour reporting.
1. In addition to adverse incident and spill reporting requirements in Parts 6.4 and 6.5,
respectively, Operators must report any noncompliance which may endanger health or
the environment.Any information must be provided orally within 24 hours from the
time the Operator becomes aware of the circumstances. A written submission must also
be provided within 5 days of the time the Operator becomes aware of the
circumstances.The written submission must contain a description of the
noncompliance and its cause;the period of noncompliance,including exact dates and
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times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
2. For purposes of this permit, Operators must submit a 24-hour report under this section
for any upset, as defined in Appendix B, Subsection B.13, which exceeds any effluent
limitation in the permit.
3. The Division may waive the written report on a case-by-case basis for reports under
Appendix B, Subsection B.12.E.2 if the oral report has been received within 24 hours.
F. Other noncompliance.Operators must report all instances of noncompliance not reported
under Appendix B, Subsections 12.A, 12.D, and 12.E, at the time any applicable annual or
monitoring reports are submitted. The reports must contain the information listed in
Appendix B, Subsection 12.E.1.
G. Other information. Where an Operator becomes aware of its failure to submit any relevant
facts in a permit application, or submitted incorrect information in a permit application or
in any report to the Permitting Authority, the Operator must promptly submit such facts or
information.
B.13 Upset
A. Definition. Upset means an exceptional incident in which there is unintentional and
temporary noncompliance with technology-based permit effluent limitations because of
factors beyond the Operator's reasonable control. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance,or careless or
improper operation. See 40 CFR 122.41(n)(l).
B. Effect of an upset. An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology-based permit effluent limitations if the requirements
of Appendix B, Subsection B.13.C are met. Any determination made during administrative
review of claims that noncompliance was caused by an upset, and before an action for
noncompliance, is not final administrative action subject to judicial review. See 40 CFR
I22.41(n)(2).
C. Conditions necessary for a demonstration of upset. See 40 CFR 122.41(n)(3). An Operator
who wishes to establish the affirmative defense for an upset must demonstrate,through
properly signed, contemporaneous operating logs, or other relevant evidence that
1. An upset occurred and that the Operator can identify the cause(s) of the upset;
2. The permitted activity was at the time being properly operated; and
3. The Operator submitted notice of the upset as required in Appendix B, Subsection
B.12.E.2 (24 hour notice).
4. The Operator complied with any remedial measures required under Appendix B,
Subsection B.4.
D. Burden of proof. In any enforcement proceeding,the Operator, as the one seeking to
establish the occurrence of an upset, has the burden of proof. See 40 CFR 122.41(n)(4)
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