On November 27, 2006, USEPA issued a final rule to codify its interpretation of the CWA as not requiring an NPDES permit for application of pesticides to, over, or near waters of the U.S. if the applications are consistent with FIFRA requirements. Petitions for review of the final rule were filed in eleven Circuit Courts. In a consolidated appeal on January 7, 2009, the 6th Circuit Court of Appeals, in
National Cotton Council, et al v. EPA, ruled that NPDES permits are required for all biological and chemical pesticide applications that leave a residue in water when such applications are made in, over, or near waters of the U.S. On June 8, 2009, the Court granted USEPA a two-year stay of the decision, until April 9, 2011, to provide USEPA and states time to develop and issue the NPDES permit for this category and provide outreach and education to the regulated community. On March 28, 2011 the court granted USEPA’s request to extend the stay until October 31, 2011. On October 31, 2011 IEPA issued the General NPDES Permit for Pesticide Point Source Discharges.
The permit is available to operators who discharge to waters of the State from the application of biological pesticides or chemical pesticides that leave a residue, when the pesticide application is for one of the following pesticide use patterns:
- Mosquito and Other Insect Pest Control
- Weed and Algae Pest Control
- Animal Pest Control
- Forested Area Pest Control
- Other Pest Control Activities
Electronic submission of the Notice of Intent is available for pesticide activities. See the
Apply for Coverage page for further information.