Common Questions About the new NPDES regulations for applying Aquatic Herbicides and Algaecides:

1. Do they apply to all pond owners or just applicators?
2. Do they include items such as dyes and bacterias?
3. Is there anything else the typical pond owner needs to know about putting stuff into their own ponds?

Anyone else with any questions about this topic, go ahead and post them here as well.

I am not qualified to give legal advise on this matter, but from my understanding this is what I know.

If your pond or lake discharges into state or federal waters then you will need a NPDES permit for applying pesticides.

Will this effect a contained pond on my propery that has no inflow or outflow other then runoff? I use mostly consumer grade copper.

Hmmm... unless there has been a significant change, as someone that tries to keep on top of this kind of thing (I'm a fish farmer and president of my state aquaculture association), I'm not aware of anything as far as NPDES permits for recreational pond owners unless your individual state comes up with something, or you have been deemed a "significant contributor of pollution" whereas the EPA will mandate you apply for an NPDES permit.

Last I knew NPDES permits only applied to aquaculture facilites that fell under the definition of a CAAP (Concentrated Animal Aquatic Production) that produces at least 100,000 pounds of warmwater fish per year, 20,000 pounds of coldwater fish per year, AND discharges continously 24/7 for 30 days or more. Furthermore you'd have to feed more than 5000 pounds of feed per calendar month to be classified as a CAAP. Obviously a recreational pond owner does NOT apply under this definition.

I discharge overflow 24/7 7 months of the year from a secondary pond from my trout pond and DO NOT fall under the definition of a CAAP as I only feed a couple hundred pounds of feed per month and produce only 500 lbs. of trout upon final harvest.


I'm also considered a "minor" water user as I pump under the 70 gpm that defines a "major" water user here in Indiana, so I do not have to apply for a permit there either. However this is my DNR Division of Water, so this probably varies from state to state.

I've had people whine about my pumping but there is nothing they can do about it, nor do I have any significant effect on my aquifer.

My apologies to Nate and SAS. I didn't even see the words herbicides and pesticides. The mention of "new" regs scared me so bad I went into scan and panic mode and missed everything.

I'm not aware of this and would like to know more. I would think a recreational pond that overflows intermittently (due to rainfall) and uses approved aquatic pesticides should be O.K.? Piscicides may be a different story.

I'm listening now instead of shooting off my mouth.

O.K. Nate what's the scoop?

Not Nate; but was aware of some action related to this in Illinois last year. It covered spraying and larvaciding for mosquitoes and would have had major consequences for that. I think there was a compromise worked out for municipalities and public health entities; but not sure about commercial or private.

Thanks.

Nate must be busy?

Cecil

I renewed my private applicates license in IL last Tuesday and in the training before the test they talked about these new regs. They only apply if water discharges from the pond into a public waterway. As I understand it the discharge needs to be more frequently than once in a blue moon.

Makes sense to me as that is the same situation regarding ponds used for aquaculture. Occasional discharge due to rainfall overflow doesn't apply.

Cecil - the new regs vary from state to state, if not also between intra-agency interpreters. Only 6 states (Alaska, Idaho, Massachusetts, New Hampshire, New Mexico, and Oklahoma) adopted the EPA's NPDES REGS (which are incredibly stringent), while the remaining states wrote their own variations.
My suggestion is to check with your respective state's water quality management agency (ie TCEQ in TX), as the NPDES regs are completely unrelated to each state's pesticide licensing/regulatory agency.
BTW: Most (but not all) ponds are considered "waters of the US" through the broad definition found in the NPDES regs - and the "occasional discharge" claim doesn't apply (at least not in TX and within several other state-regs that I've reviewed). If an "overflow/discharge conduit" exists, consider your pond impacted by the new regs until proven otherwise.
The odds may be very slim that a pondowner might be checked or cited for violations. However, the state agencies with assigned oversight are advising & encouraging compliance with the new (and admittedly unneccesary) regs in order to avoid even more stringent mandates due to gross non-compliance.

Thanks Kelly. They'll have to pry my cold dead hands off of my pesticide applicator gun!