General Information —The Clean Water Act provides that the discharge of pollutants to Waters of the United States from any point source is prohibited, unless the discharge is in compliance with an NPDES permit. NVG870001 was developed in response to a decision by the Sixth Circuit Court of Appeals (National Cotton Council, et al. v. EPA); this decision designated the application of pesticides a "point source". This decision vacated the EPA's 2006 policy stating that NPDES permits were not required for applications of pesticides to Waters of the U.S.; this Court's decision also established that pesticide discharges to Waters of the U.S. requires a NPDES permit. The court's mandate took effect on October 31st, 2011.
The federal regulations allow Nevada, a delegated State, to issue General Permits to regulate discharges of pollutants to Waters of the U.S.
Notice of Decision — The Nevada Division of Environmental Protection (NDEP), Bureau of Water Pollution Control (BWPC) has made the decision to issue a National Pollutant Discharge Elimination System General Permit - NVG870001 - for pesticide discharges in the State of Nevada. This permit authorizes qualifying operators to discharge pesticides, fungicides, herbicides, rodenticides and insecticides to Waters of the U.S. provided that they comply with all permit conditions. Sufficient information has been provided, in accordance with Nevada Administrative Code (NAC) 445A.228 through NAC 445A.263, to ensure the BWPC that waters of the State will not be degraded from these activities and that public safety and health will be protected.
This permit will become effective October 31st, 2011 and will expire on October 31st, 2016. The final determination may be appealed to the State Environmental Commission pursuant to Nevada Revised Statutes (NRS) 445A.605. The appeal must be requested within ten (10) days of the date of this notice of decision and in accordance with the administrative rules of the Commission.
General Permit NVG870001 regulates these discharges and is valid throughout Nevada, except on Tribal Lands. Monitoring requirements are intended to ensure there is no adverse impact to Waters of the U.S.
NVG870001 does not authorize discharges of pesticides or their degradates to waters already impaired by these specific pesticides or their degradates.
Read the Notice of Decision
Area Wide Discharge Permitting — This refers to aerial and ground application of a pesticide to control the population of target pests where control technologies over large areas are most effective to avoid substantial and widespread economic or social impact. This involves pesticide applications to areas that include a wide range of diverse habitats such that a portion of the pesticide applied will unavoidably be applied over and deposited into Waters of the U.S. to target the pests effectively.
Examples include, but are not limited to, pesticide application for cricket control, pesticide application for the control of nuisance and disease borne mosquitoes, pesticide application for the maintenance of rights-of-ways, drainage ditches, and other governmental infrastructure, urban landscaping, treating orchard pests, or controlling fruit flies
Pursuant to Section A.5. of the permit, NDEP may provide NVG870001 coverage for a pesticide application entity, such as a mosquito control group, weed control group, a Nevada County or a similar entity as a working group. In order to qualify for working group permitting, a pesticide application entity must engage in a single pesticide discharge category defined in Section A.3.
Automatic Permit Coverage — All Operators engaged in pesticide discharge activities described in Section A.3. of the permit will automatically receive coverage under permit NVG870001, for a period of 180 days starting with the date of permit issuance. Qualified operators must submit NOI within a 180 day period starting on the date of permit issuance - October 31, 2011 and ending on April 30, 2011.
Note: This permit is for the discharge of "point source pollutants" to Waters of the U.S.
Terrestrial pesticide applications to control pests on agricultural crops or forest floors, agricultural stormwater discharges and return flow from irrigated agriculture lands are excluded from the Clean Water Act (CWA) statutory definition of a "point source" therefore not covered by this permit.