HomeMy WebLinkAboutSWP272000(17) RECEIVED
MAR 3 0 2010
nY OF REN I`ON
DEPARTMENT OF COMMUNITY ��°f�OM ?(� ��-aTYSYSTEMS
AND ECONOMIC DEVELOPMENT bm n[�
ADDENDUM TO ENVIRONMENTAL DETERMINATION
OF NON-SIGNIFICANCE (DNS)
Pursuant to WAC 197-11-600 (4) (c) and WAC 197-11-625
Addendum to the Mosquito Abatement Program
as Addended by the City of Renton (LUA-05-022, ECF)
Determination of Non-Significance - Mitigated (DNS-M)
Date of Addendum: March 29, 2010
Date of Original Issuance of SEPA Threshold Determination: March 29, 2005
Proponent: Hebe C. Bernado, City of Renton Surface Water Utility
Application File: LUA05-022, ECF
Project Name: Mosquito Abatement Program
Proposal/ Purpose of Addendum: The City of Renton issued a Determination of Non-
Significance for the Mosquito Abatement Program on March 29, 2010. The project had
previously been reviewed in a five-year increment, and the 2005 review was for the
time period 2005 -2009.
Since 2001, the Washington State Department of Ecology (DOE) has maintained that
discharges of pesticides to waters of the State requires coverage under a National
Pollution Discharge Elimination System Permit (NPDES). The City has been covered
under the Aquatic Mosquito Control General Permit since 2002. The NPDES permit has
covered discharge of larvicides but has not covered discharges from adulticide. DOE has
updated the NPDES permit in order to allow the use of larvicides and adulticides for
controlling mosquitoes in Washington State. The updated permit will regulate
discharges of adulticides to water of the state that occur during control of vector
mosquitoes due to the West Nile Virus.
In the 1970's, the City of Renton initiated the Mosquito Abatement Program in the
Talbot Hill area, near the Panther Creek wetlands. Under continued citizen advocacy for
mosquito control, the City applied for a SEPA determination for a five-year program
(1989-1993). A DNS was issued by the City and upheld by the Hearing Examiner
following an appeal of the determination.
Addendum to Environmental(SEPA)Review
Page 2 of 4
March 29,2010
In 1994, the Surface Water Utility applied for a SEPA determination (LUA94-066, ECF) for
a land treatment (spraying) program utilizing synthetic pyrethroid products. A DNS was
issued, and the spraying program was implemented. Continued recurrence of mosquito
populations in the Talbot Hill area near the Panther Creek wetland resulted in citizen
requests for continued mosquito control efforts. Another five-year SEPA DNS-M was
applied for and issued for the time period 1995—1999.
In 2000, the Surface Water Utility again applied for a five-year SEPA determination to
continue the program through to 2004. And, once again in 2005, a DNS-M was applied
for and granted to continue the program. Coinciding with the expiration of the 2005—
2009 SEPA, DOE issues the 2010 Mosquito Control General NPDES Permit, allowing
incidental discharges of adulticide into waters of the state in cases of human health
emergency due to the West Nile Virus. After the effective date of the NPDES General
Permit, the City will seek coverage. The regulations, pesticide application requirements
and mitigation measures of the Aquatic Mosquito Control NPDES General Permit are
similar to the ones specifies in the 2005—2009 SEPA for the City's Mosquito Abatement
Program.
In order to ensure the public health and safety, the Surface Water Utility will continue to
implement the mitigation measures included in the 2005—2009 SEPA DNS-M
(attached), in addition to the Aquatic Mosquito Control NPDES General Permit
Requirements as noted below:
1. Provide written information which fully describes the proposed abatement
program and schedule to all property owners with the proposed project area.
2. Conduct the project only on City property and on those privately owned parcels
for which authorization has been received from the property owner or the
owner's legal representative. Post a description and schedule of the program at
the name and telephone number of a City representative who can provide
further information about the program to interested parties.
3. The insecticide spraying must be conducted in upland areas away from water
areas and homes by a licensed applicator in accordance with EPA or FIFRA and
Department of Agriculture (WAC-16-228) approved application requirements.
4. To prevent excess drift of the proposed insecticide sprays and potential drift into
the Panther Creek wetlands, application may only be made as conditions permit
in accordance with EPA and Department of Agriculture approved application
requirements, e.g., restrictions on the maximum wind speed above which
treatment may not be conducted. Wind speeds determined by the applicator at
the time of treatment must be 10 miles per hour or less and must be blowing in
an easterly direction away from the Panther Creek wetlands or the treatment
Addendum to Environmental(SEPA)Review
Page 3 of 4
March 29,2010
may not be conducted. Equipment wash-down water is to be disposed of off-
site in accordance with EPA and Department of Agriculture requirements so as
not to contaminate the surface or ground water.
5. Accidental spills are to be reported immediately by the applicator to the City of
Renton. The City of Renton will notify and report the spill to the proper
agencies. Appropriate measures are to the immediately implemented by the
applicator to first contain and then to clean-up the spill in accordance with
Department of Agriculture and/or other applicable agency requirements. In
order to minimize the risk of spills, only small quantities of the proposed
insecticide will be on the project site.
6. The applicator will immediately notify the City of Renton and stop treatment if
any animals are killed in association with the abatement program. No animal kill
is expected because of BIOMIST/Kontrol 4-4, when used according to the
manufacturer's instructions as approved by the EPA, are reported to have low
toxicity to animals.
The proposal will not change the analysis, impacts, or mitigation measures in the 2005—
2009 SEPA review. In addition, because the regulations and mitigation are equivalent to
that specified in the 2005—2009 SEPA review, no additional mitigation is necessary.
This addendum changes eliminates the 5-year review cycle for the City of Renton
Mosquito Abatement Program, and allows the program to continue without triggering
additional SEPA review.
The City of Renton is hereby issuing a SEPA Addendum pursuant to WAC 197-11-600.
This Addendum is appropriate because it contains only minor new information not
included in the original Determination and there are no environmental impacts related
to inclusion of the new information.
Location: Panther Creek Wetlands
Lead Agency: City of Renton, Department of Community & Economic Development
Review Process: Addendum to previously issued Determination of Non-
Significance— Mitigated (DNS-M).
Additional Information: If you would like additional information, please contact
Jennifer Henning, Planning Manager, City of Renton Planning Division, Department of
Community & Economic Development at (425)430-7286.
There is no comment period for this Addendum, dated March 29, 2010 issued by the
City of Renton Environmental Review Committee.
..-CITY'OF RENTON
- :.:.. DETERMINATION:OF.NON-SIGNIFICANCE-MITIGATED
MITIGATION.MEASURES
APPLICATION NO($): .' :' ::`. ::LilA05-022, ECF
APPLICANT: f✓ity of Renton-:.Surface Water Utility
PROJECT.NAME:. . . : ;Mosquito Abatement Program(2005-2009)
LOCATION OF.PROPOSAL:. ' Adjacent.to.anii upland of the eastern edge of the.Panther Greek
Wetlands generally located between SR-167 on the west and Lake
Avenue South/Talbot Road South oo the east and extending fr..om:SW
43....Street on'the south to I-405.on the..nortfi.
DESCRIPTION OF::PROPOSAL: : The applicant'is requesting Environmental (SEPA).Review'in order to
continue a.Mosquito:Abatement Program_for.'another five (5)- year period, A4jril2005 through.September-2009:.
'The mosquito abatement program covers an area adjacent to and upland from the'Panther•Creek Wetland. It will
..consist only of land treatment applications of an.ultra low volume (ULV).-synthetic insecticide.spray to.brush and. : :.:
-other upland vegetation using a,gasoline-po..wered, backpack-mounted, portable blower:
LEA A EN Y: 'l�tie Gity'of:Renton D . G . C _
_. . :: .pep
':amE%it..of.PlanningBuilrlingfPublic.Works . .
_ .
,. eloprnent Planning$eCtior(;�..
MITIGATION MEASURES:
1:. :To :prevent excess drift;of tl a Proposed t s tide;aPrays.-and potential 'drift.into the Panther Creek
Wetlands., application shall only be made. ondj#ions°:permit in-:accordance with.EPA and Department of
Agriculture approved application regtuteigr _e , restrictions ori;:the.naxirrium:wind speed above which
'treatment shall not be:conducted; Vlfind it
PP x#e"rmjned by tha':applicator at the time of.treatment must
be 1O..miles.per=hour. nt s
or;:less and:must;#ae;4aowing in an east erly..dir9ction-away.from .the.Panther.Creek
: . Wetlands or the treatmehail,not be conducted.
2.:. Equipment wash-down..' aV416 �'shail`be .disposed -of "-dance :with EPA:and.Department of. :
`.A griculture.requirements sos as:ni t`io:;contaminate,the scrfacQ;:or..grprarid waters..
Accidentals ills shall be.re orted!m ,3.: p' p mediately Ciy the applicator to'•the City of�ienton;.th.e State`Department.
of Health; the Department of kgricu�ure, artd the Departmfon of Ecology:(spills in water). Appropriate
.measures shall be immediately implemented by-the appliGafoi`to;first contain and than to clean up tfie'spill in:, .
.accordance:with ,Department of:AgrjcuiMee-rand another applicable agency, requirements:. .Only smal[
quantities of the proposed Insecticide will.by on the project site to minimize impacts if.a sp!II occurs. :: ..
4. :The City of:Renton Project Ma iager/Representative shall:.
a}. ::Provide:written•.info'rmation::;which:fully describes.the.propgsed abatement,prografn and.schedule.to`all: :.:
}property owners within.the.proposad project area;.and. .
b)..Conduot the.program only:on.Cityprope.rty and on those privately owned parcels for:which:authorization
has been received from the.property owner.or.the.o' oes legal representatjye; arid... : .
cj :Post a description:and schedule of the program at regular intervals in.the vicinity of the project area.. The
information will include the name and telephone.number of a City represent";Who can provide further.
information about the.program to-into rested parties. :
5.` The. Insecticide.:spraying must,be'conducted in upland areas.:away from:water alas and homes by. a '
licensed applicator:in accordance with EPA (Federal Insecticide, Fungicide'and Rodenticide.Act:or FIFRA).
and Depa W8 approved application requirements:
:6... The applicator will. immediately:notify the.City of..Renton and stop treatment if any..animals are killed
association with'the abatement program.. No animal kill is expected because:BIUMlST®/Kontral 4-4®,when:
used according to.the manufacturer's instructions as.approved:by EPA, are reported to: low.toxjcity to
. .. ,. :. . animals. .
Addendum to Environmental(SEPA)Review
Page 4 of 4
March 29,2010
ENVIRONMENTAL REVIEW COMMITTEE
SIGNATURES:
44—/1
Gregg Zimmerr� ,A inistrator DATE
Public Works Department
� P
Terry Higashiyama,Administrator DATE
Community Services Department
Mark Peterson, Administrator � DATE
Fire & Emergency Services Department
60
Alex ie sch, Administrator DATE
Dep ment of Community& Economic Development
PUBLIC WORKS DEPARTMENT D owl City c�_<
M E M O R A N D U M
DATE: March 10, 2010
TO: Jennifer T. Henning, CED Current Planning Manager
FROM: Hebe C. Bernardo, Surface Water Utility Enginee�t 2
SUBJECT: Addendum to the City of Renton Mosquito Abatement
Program 2005-2009 SEPA
The Surface Water Utility is requesting an indefinite extension addendum to the City of
Renton Mosquito Abatement Program 2005-2009 SEPA, provided there are no
additional impacts in the environment or changes in the mitigation measures.
PURPOSE OF THE ADDENDUM
Since 2001, the Washington State Department of Ecology (Ecology) has maintained
discharges of pesticides to waters of the state require coverage under a National
Pollution Discharge Elimination System (NPDES) permit. The City has been covered
under the Aquatic Mosquito Control General Permit (Permit) since 2002. The NPDES
permit has covered discharge of larvicides but has not covered discharges from
adulticide. Ecology has updated the NPDES permit in order to allow the use of larvicides
and adulticides for controlling mosquitoes in Washington State. The updated permit
will regulate discharges of adulticides to waters of the state that occur during control of
vector mosquitoes due to the West Nile Virus.
PROJECT BACKGROUND
In the 1970's, the City of Renton initiated the Mosquito Abatement Program in the
Talbot Hill area near the Panther Creek Wetlands. Under continued citizen advocacy for
mosquito control, the City applied for a State Environmental Policy Act (SEPA)
determination for a five-year program (1989-1993). A Determination of Non-
Significance was issued by the City of Renton and upheld by the Hearing Examiner
following an appeal of the determination.
In 1994, the City applied for a SEPA determination for a land treatment (spraying)
program during June 1994 -August 1994 utilizing the synthetic pyrethroid products
Scourge® and Permanone® 31-66. A Determination of Non-Significance was issued by
the City of Renton (File No. LUA-94-066, ECF)for the proposed program, which was then
implemented in accordance with the SEPA proposal and determination.
Continued recurrence of mosquito populations in the Talbot Hill area near the Panther
Creek Wetland resulted in citizen requests for continued mosquito control efforts. In
order to provide relief from the nuisance and discomfort caused by the mosquitoes, the
Ms.Henning '
March 10,2010
Page 2 of 4
Surface Water Utility applied for and was granted a five-year SEPA determination of
non-significance-mitigated. The program, similar to the 1994 program, was conducted
from April 1995 - September 1999.
In 2000, the Surface Water Utility again applied for a five-year SEPA determination to
continue the program through to 2004.
Once more, in 2005, the Surface Water Utility applied for a five-year SEPA
determination to continue the program for abatement of mosquitoes in the area
through to 2009. A program similar to the 2000, program was conducted from April
2005—to September 2009. Both products BIOMIST® and Kontrol 4-40 were used in
small concentrations to control mosquito population.
Coinciding with the expiration of the 2005-2009 SEPA, the Department of Ecology issued
the 2010 Mosquito Control General NPDES Permit (attached) allowing incidental
discharges of adulticide into waters of the state in cases of human health emergency
due to the West Nile Virus. After the effective day of the Aquatic Mosquito Control
NPDES General Permit, the City will seek coverage. The regulations, pesticide
application requirements and mitigation measures of the Aquatic Mosquito Control
NPDES General Permit are similar to the ones specified in the 2005-2009 SEPA for the
City's Mosquito Abatement Program.
AQUATIC MOSQUITO CONTROL NPDES GENERAL PERMIT ADULTICIDE DISCHARGE
LIMITS
A. Compliance with Standards
1. The application of adulticides must not cause or contribute to violations of the
Water Quality Standards for Surface Water of the State of Washington (Chapter
173-201A WAC).
2. For the purposes of this permit, the City must use all known, available, and
reasonable methods of pollution control, prevention and treatment (AKART)
when applying adulticides. The requirements of this permit, compliance with the
Washington Pesticide Control Act and the requirements of the Federal
Insecticide, Fungicide and identified Act (FIFRA) label constitute AKART. The City
must use the minimum amount of pesticide to obtain the mosquito control
objectives.
B. Pesticide Application Requirements
The Permittee must:
1. Ensure that a licensed pesticide applicator with the appropriate Washington
State Department of Agriculture (WSDA) license and certification be on site and
have direct management responsibilities for the use of pesticides during
application.
h:\file sys\swp-surface water projects\swp-27-surface water projects(cip)\27-2000 mosquito abatement
program\2010 program\sepa\memo-sepa addendum 2010 03 04.doc\ECBtp
Ms. Henning
March 10,2010
Page 3 of 4
2. Ensure that all applicators under supervision of the licensed applicator have
current training in the use of the equipment necessary to apply pesticides
correctly.
3. Use Ultra Low Volume (ULV) spray apparatus to apply adulticides.
4. Only apply adulticides when wind speeds are above one mile per hour and below
10 miles per hour.
5. Appropriately trained personnel must properly calibrate the ULV equipment for
the pesticide formulation used.
6. Follow its Integrated Pest Management Plan.
7. Public notification of pesticide use, per section S6.
8. Use adulticides authorized for use under this permit, per section SS.C.
MITIGATION MEASURES INCLUDED IN THE 2005-2009 SEPA
In order to ensure the public health and safety, the Surface Water Utility will continue to
implement the mitigation measures included in the 2005-2009 SEPA in addition to the
Aquatic Mosquito Control NPDES General Permit Requirements:
1. Provide written information which fully describes the proposed abatement
program and schedule to all property owners within the proposed project area.
2. Conduct the program only on City property and on those privately owned parcels
for which authorization has been received from the property owner or the
owner's legal representative. Post a description and schedule of the program at
regular intervals in the vicinity of the project area. The information will include
the name and telephone number of a City representative who can provide
further information about the program to interested parties.
3. The insecticide spraying must be conducted in upland areas away from water
areas and homes by a licensed applicator in accordance with EPA or FIFRA and
Department of Agriculture (WAC-16-228) approved application requirements.
4. To prevent excess drift of the proposed insecticide sprays and potential drift into
the Panther Creek Wetlands, application may only be made as conditions permit
in accordance with EPA and Department of Agriculture approved application
requirements, e.g., restrictions on the maximum wind speed above which
treatment may not be conducted. Wind speeds determined by the applicator at
the time of treatment must be 10 miles per hour or less and must be blowing in
an easterly direction away from the Panther Creek Wetlands or the treatment
may not be conducted. Equipment wash-down water is to be disposed of off-
site in accordance with EPA and Department of Agriculture requirements so as
not to contaminate the surface or ground water.
h:\file sys\swp-surface water projects\swp-27-surface water projects(cip)\27-2000 mosquito abatement
program\2010 program\sepa\memo-sepa addendum 2010 03 04.doc\ECBtp
Ms.Henning
March 10,2010
Page 4 of 4
5. Accidental spills are to be reported immediately by the applicator to the City of
Renton. The City of Renton will notify and report the spill to the proper
agencies. Appropriate measures are to be immediately implemented by the
applicator to first contain and then to clean up the spill in accordance with
Department of Agriculture and/or other applicable agency requirements. In
order to minimize the risk of spills, only small quantities of the proposed
insecticide will be on the project site.
6. The applicator will immediately notify the City of Renton and stop treatment if
any animals are killed in association with the abatement program. No animal kill
is expected because BIOMIST®/Kontrol 4-48, when used according to the
manufacturer's instructions as approved by EPA, are reported to have low
toxicity to animals.
CONCLUSION
The proposed addendum will not change the analysis of impacts or mitigation measures
in the 2005-2009 SEPA checklists. After the effective day of the Aquatic Mosquito
Control NPDES General Permit (expected to be effective in July 2010), the City must seek
coverage and comply with all regulations and mitigation measures specified in the
permit. Such regulations and mitigation measures are equivalent to the ones specified
in the 2005-2009 SEPA. No new environmental impacts are expected to result from the
addendum. The Surface Water Utility is requesting a SEPA addendum granting an
indefinite extension for the Mosquito Abatement Program as the significance of
potential impacts will remain the same and the program will be regulated under the
Department of Ecology Aquatic Mosquito Control NPDES Permit.
If you have any questions, please contact Ron Straka or me.
Attachments
cc: Ron Straka,Surface Water Utility Engineering Supervisor
h:\file sys\swp-surface water projects\swp-27-surface water projects(cip)\27-2000 mosquito abatement
program\2010 program\sepa\memo-sepa addendum 2010 03 04.doc\ECBtp
Issuance Date: 2010
Effective Date: 2010
Expiration Date: 2015
DRAFT February 3,2010
AQUATIC MOSQUITO CONTROL
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
STATE WASTE DISCHARGE GENERAL PERMIT
State of Washington
Department of Ecology
Olympia, Washington 98504-7600
In compliance with the provisions of
the State of Washington Water Pollution Control Law
Chapter 90.48 Revised Code of Washington as amended
And
The Federal Water Pollution Control Act as amended
(The Clean Water Act)
Title 33 United States Code, Section 1251 et seq.
Until the expiration date or until Ecology modifies or revokes this permit, Permittees granted
coverage under this permit are authorized to discharge to waters of the state in accordance with
the special and general conditions that follow.
Kelly Susewind, Manager
Water Quality Program
Department of Ecology
TABLE OF CONTENTS
SUMMARY OF PERMIT SUBMITTALS....................................................................................4
SPECIAL PERMIT CONDITIONS ............................................................................................... 5
S1.PERMIT COVERAGE......................................................................................................... 5
A. Activities Covered Under This Permit............................................................................ 5
B. Activities That May Not Need Coverage Under This Permit......................................... 5
C. - Geographic Area Covered................................:.............................................................. 5
D. Washington State Department of Health Blanket Permit Coverage............................... 5
S2.APPLICATION FOR COVERAGE..................................................................................... 6
S3.DISCHARGE LIMITS.......................................................................................................... 7
A. Compliance with Standards............................................................................................ 7
B. Temporary Exceedance of Water Quality Standards for Larvicides.............................. 7
C. Pesticide Application Requirements...............................................................................7
S4. LARVICIDE USE................................................................................................................ 8
A. Authorized Discharges.................................................................................................... 8
B. Larvicides Authorized for Use Under This Permit......................................................... 8
C. Experimental Use of Larvicides...................................................................................... 9
D. Additional Restrictions on the Use of Larvicides...........................................................9
S5.ADULTICIDE USE FOR NUISANCE AND VECTOR CONTROL............................... 10
A. Nuisance Mosquito Control.......................................................................................... 10
B. Vector Mosquito Control.............................................................................................. 10
C. Adulticides authorized for use under this permit.......................................................... 10
D. Experimental Use of Adulticides.................................................................................. 11
S6.PUBLIC NOTICIFICATION OF PESTICIDE USE......................................................... 11
A. Public Notice................................................................................................................. 11
B. Posting Requirements .................................................................. ............................... 12
STMONITORING REQUIREMENTS................................................................................... 12
S8. REPORTING REQUIREMENTS...................................................................................... 13
A. Annual Report............................................................................................................... 13
B. Records Retention......................................................................................................... 13
C. Reporting Permit Violations......................................................................................... 14
S9.APPENDICES.................................................................................................................... 15
GENERALCONDITIONS .......................................................................................................... 16
G1.DISCHARGE VIOLATIONS............................................................................................ 16
G2.PROPER OPERATION AND MAINTENANCE............................................................. 16
G3.RIGHT OF ENTRY........................................................................................................... 16
G4.PERMIT COVERAGE REVOKED.................................................................................. 16
G5. GENERAL PERMIT MODIFICATION AND REVOCATION.......:.............................. 17
G6.REPORTING A CAUSE FOR MODIFICATION............................................................ 17
Draft Aquatic Mosquito Control General Permit—February 3, 2010
Page 2
G7. TOXIC POLLUTANTS..................................................................................................... 18
G8. OTHER REQUIREMENTS OF 40 CFR........................................................................... 18
G9. COMPLIANCE WITH OTHER LAWS AND STATUTES............................................. 18
G10. ADDITIONAL MONITORING...................................................................................... 18
G11. PAYMENT OF FEES...................................................................................................... 18
G12. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER A GENERAL
PERMIT.................................................................................................................................... 18
G13. TRANSFER OF PERMIT COVERAGE......................................................................... 19
G14. PENALTIES FOR VIOLATING PERMIT CONDITIONS ........................................... 19
G15. SIGNATORY REQUIREMENTS................................................................................... 19
G16. APPEALS ........................................................................................................................20
G17. SEVERABIL,ITY.............................................................................................................20
G 18. DUTY TO REAPPLY .....................................................................................................21
APPENDIX A: GLOSSARY........................................................................................................22
APPENDIX B: STATE LISTED SPECIES RESTRICTED USE AREAS .................................26
APPENDIX C: TRANSFER OF PERMIT COVERAGE............................................................29
APPENDIX D: PUBLIC NOTICE TEMPLATE FOR NEW COVERAGES.............................30
Draft Aquatic Mosquito Control General Permit—February 3, 2010
Page 3
SUMMARY OF PERMIT SUBMITTALS
Refer to the Special and General Conditions of this permit for submittal requirements.
Permit ; y n First
Submittal Frequency
Section , Submittal Date
S 1.D Transfer coverage from DOH Once Tentative: By July XX,2010
Application for New
S2 Coverage (NOI and SEPA Once th least 60 days prior to
Checklist) the start of discharge
Develop or Update Integrated One year from permit
S3.B Once Pest Management Plan effective date
S4.13 Request to use Larvicides in As Necessary
Appendix B areas
SS.B Request to use Adulticides in As Necessary
Appendix B areas
S8.A Annual Reporting Annually By December 31 of
each treatment year
S8.0 Permit Violation Reporting As Necessary
G5 Permit Actions As Necessary
G6 Reporting Planned Changes As Necessary
G 13 Transfer of Permit Coverage As Necessary
Once per Enter date within 180.
G 18 Duty to Reapply days of permit effective
permit cycle date
The text of this permit contains words in italics. Words in italics are the first usage of a word in
this permit and are defined in the Glossary, Appendix A.
Draft Aquatic Mosquito Control General Permit—February 3, 2010
Page 4
SPECIAL PERMIT CONDITIONS
S1.PERMIT COVERAGE
This permit revokes and replaces the Aquatic Mosquito Control General Permit issued on
March 7, 2007 and covers the use of larvicides and adulticides to control mosquitoes in the
State of Washington.
A. Activities Covered Under This Permit
All entities that control mosquitoes must obtain coverage under this permit when the
activity causes a discharge of pesticide or their residues to waters of the state. Entities
must obtain.permit coverage when conducting activities under a Federal Experimental
Use Permit.
B. Activities That May Not Need Coverage Under This Permit
Mosquito control entities need not obtain coverage under this permit for pesticide
applications made to the following types of waterbodies:
1. Man-made detention or retention ponds designed specifically for wastewater or
stormwater treatment that do not have an outlet to surface waters of the state, or
ponds that are not likely to discharge during, or for two weeks after,treatment.
2. Any constructed water body five acres or less in surface area with no discharge to
other surface waters of the state during, or for two weeks after, treatment.
3. Upland farm ponds with no discharge to other surface waters of the state.
4. Standing irrigation water that will not discharge to waters of the state during
application or for two weeks following application.
5. Any water body less than one acre in size that is subject to research covered under a
state experimental use permit.
C. Geographic Area Covered
This general permit covers mosquito control activities anywhere in the State of
Washington where the Department of Ecology has authority.
D. Washington State Department of Health Blanket Permit Coverage
1. New coverages under Washington State Department of Health (DOH) blanket
coverage will no longer occur on or after the effective date of this permit.
.................
2. Blanket coverage under DOH expires on DATE,60 days after the effective date
of this permit.
Draft Aquatic Mosquito Control General Permit—February 3, 2010
Page 5
3. Mosquito control entities have until DATE (60 days after effective date of the
permit) to complete a transfer of permit coverage from DOH.
4. To transfer permit coverage from DOH use the transfer form provided in Appendix C.
Both DOH and the New Permittee must fill out and sign the transfer form.
5. Submit the completed transfer form to:
Department of Ecology
Water Quality Program
Attn: Aquatic Pesticide Permit Manager
PO Box 47600
Olympia, WA 98504-7600
S2. APPLICATION FOR COVERAGE
New Applicants that propose to begin activities that will result in a discharge to waters of the
state on or after the effective date of this general permit must:
A. Notify Ecology by submitting a completed application for coverage at least 60 days
prior to the planned activity that will result in the discharge to waters of the state.
B. Complete a Notice of Intent(NOI) for the proposed activity electronically. The new
applicant must access Ecology's online data management system SecureAccess
Washington(http:Hsecureaccess.wa.gov), fill out the NOI online,then print and sign the
document.
C. Complete and sign a SEPA checklist for the proposed activity.
D. Mail the complete application to:
Department of Ecology
Water Quality Program
Attn: Aquatic Pesticide Permit Manager
PO Box 47600
Olympia, WA 98504-7600
E. Publish public notice only after Ecology has received the complete application for
coverage.
F. Use the Public Notice Template provided as Appendix D of this permit. Applicants may
add information to the template but must include the required information as stated on the
template.
G. Publish two times, one week apart, public notice in a local newspaper of general
circulation(or regional newspaper if a local newspaper is not available)that an
application for permit coverage has been made pursuant to WAC 173-226-130(5).
Draft Aquatic Mosquito Control General Permit—' February 3, 2010
Page 6
H. Submit an original copy of the portion of the newspaper publication containing the public
notice and newspaper date to Ecology for each week the public notice is published, or
submit a signed, notarized affidavit of publication indicating what is included in the
public notice and the dates the public notice was published.
At the end of the required 30-day public comment period, Ecology will consider comments
about the applicability of this permit to the proposed discharge activity before deciding to
issue permit coverage. If the applicant does not receive notification of the coverage decision
from Ecology, coverage under this permit will automatically commence on the 61 st day
following Ecology's acceptance of a completed application.
S3. DISCHARGE LEMTS
A. Compliance with Standards
1. The application of adulticides must not cause or contribute to violations of the Water
Quality Standards for Surface Water of the State of Washington(chapter 173-201A
WAC).
2. For the purposes of this permit, Permittees must use all known, available, and
reasonable methods ofpollution control,prevention and treatment(AKART)when
applying adulticides. The requirements of this permit, compliance with the
Washington Pesticide Control Act and the requirements of the FIFRA label constitute
AKART. Permittees must use the minimum amount of pesticide to obtain the
mosquito control objectives.
B. Temporary Exceedance of Water Quality Standards for Larvicides
Exceedance of water quality standards for up to 5 years are allowed under this permit
provided that the Permittee complies with WAC 173-201A-410.
C. Pesticide Application Requirements
The Permittee must comply with the requirements in this permit and Federal Insecticide,
Fungicide, Rodenticide Act(FIFRA) label requirements. Permit requirements do not
reduce the requirements on the FIFRA label.
1. The Permittee must:
a. Ensure that a licensed pesticide applicator with the appropriate Washington State
Department of Agriculture(WSDA) license and certification be on site and have
direct management responsibilities for the use of pesticides during application.
b. Ensure that all applicators under supervision of the licensed applicator have
current training in the use of the equipment necessary to apply pesticides
correctly.
c. Use Ultra Low Volume (ULV) spray apparatus to apply adulticides.
Draft Aquatic Mosquito Control General Permit—February 3, 2010
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d. Only apply adulticides when wind speeds are above 1 mile per hour and below 10
miles per hour.
e. Appropriately trained personnel must properly calibrate the ULV equipment for
the pesticide formulation used.
f. Follow its Integrated Pest Management Plan.
S4.LARVICIDE USE
A. Authorized Discharges
The Permittee may apply larvicides under this permit only for the control of mosquitoes.
B. Larvicides Authorized for Use Under This Permit
1. The Permittee may apply larvicides with the following active ingredients without
additional permit restrictions outside of Appendix B areas:
a. Bacillus sphaericus(H-5a5b)
b. Bacillus thuringiensis israelensis (Bti)
c. Methoprene
d. Monomolecular surface films (MSF)
2. The Permittee must follow the additional permit restrictions below when applying
larvicides with the following active ingredients:
a. Malathion and Paraffinic white mineral oil
Permittees may only use malathion and paraffinic white mineral oil in the case of
a human health threat and must obtain Ecology approval prior to use. The
Permittee may not use paraffinic white mineral oil in waters of the state unless
other pesticides are ineffective at a specific treatment site and the water body is
non-fish-bearing. Consult WDFW to determine if the water body is fish bearing.
Contact information for WDFW Regional Wildlife Biologists may be accessed at
http://wdfw.wa.gov/about/contact/.
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Page 8
b. Temephos
The Permittee may not apply temephos in lakes, streams, in the littoral zone of
water bodies, or on sites listed in Appendix B of this permit. The permit allows
the use of temephos only:
i. In response to the development of pesticide resistance within a specific
mosquito population or a human health threat with the approval of Ecology.
ii. To minimize the development of resistance the Permittee must rotate the use
of temephos with one or more of the other approved larvicides with a different
mode of action.
C. Experimental Use of Larvicides
The Permittee may apply other larvicides not listed in this permit on a limited basis in the
context of a research and development effort under the jurisdictions of EPA and WSDA
through the issuance of a Federal Experimental Use Permit(40 CFR 172). Permittees
must not apply larvicides covered under an experimental use permit to areas identified in
Appendix B.
D. Additional Restrictions on the Use of Larvicides
1. Appendix B of this permit details specific geographical areas that are important to
state and federally listed species. Listed species are those that are state or federally
designated sensitive, threatened, candidate, and endangered species in the State of
Washington. Ecology may update Appendix B based on new information.
2. Prior to use of methoprene, monomolecular surface films, malathion, or paraffinic
white mineral oil in Appendix B areas, WDFW and Ecology must approve the use.
3. The Permittee must not apply larvicides unless it meets one or more of the following
conditions.
a. Surveillance of a potential application site indicates that at least one larvae/pupae
is present in at least one of three dips. In the event that the Permittee finds larvae,
and the area is treated, the Permittee may continue pre-emptive larvicide
treatments without dipping for the remainder of the treatment season.
b. The Permittee has developed and obtained Ecology approval of a large site
sampling protocol prior to treatment.
c. The application site is in or adjacent to a county in which mosquito, bird, animal,
or human mosquito-borne disease cases are confirmed within the current
treatment season.
d. The treatment site is a catch basin, storm drain, utility or transportation vault,
Draft Aquatic Mosquito Control General Permit—February 3, 2010
Page 9
e. State or local authorities declare a public health emergency related to mosquito-
borne disease.
S5.ADULTICIDE USE FOR NUISANCE AND VECTOR CONTROL
A. Nuisance Mosquito Control
Adulticides and their residues used for nuisance mosquito control must not be discharged
to waters of the state.
B. Vector Mosquito Control
1. The Permittee is authorized to discharge incidental amounts of adulticides and their
residues to surface waters of the state during vector mosquito control. The Permittee
must limit incidental deposition to the extent possible by not applying adulticides
directly to a surface water of the state. Adulticides may not be used in Appendix B
areas unless WDFW and Ecology approve the use.
2. The vector mosquito control period,April 1 to October 31 of the same year, is the
only time incidental discharge is authorized. The Permittee may request an extension
of this period in writing from Ecology if natural population control (die-off) after
October 31 is not expected.
3. Mosquito Control Districts
A Permittee that is an organized mosquito control district(chapter 17.28 RCW)may
use adulticides to control vector mosquitoes provided it: conducts mosquito
surveillance,mosquito disease testing,monitors other disease indicators (such as dead
birds, equine disease cases, or human health cases) and follows available DOH vector
control guidance (e.g. the West Nile Outbreak Response Plan where the trigger for
adulticiding is Alert Level 3).
4. Areas without a Mosquito Control District
A Permittee that is not part of an organized mosquito control district(chapter 17.28
RCW) may use adulticides to control vector mosquitoes provided DOH makes the
determination that adulticiding for vector mosquito control is necessary to protect
public health due to an overriding public health concern.
C. Adulticides authorized for use under this permit
1. This permit allows the application of adulticide products that are EPA registered and
FIFRA labeled for wide-area mosquito control.
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Page 10
2. The following active ingredients are allowed for use:
a. Permethrin
b. Rermethrin
c. Sumithrin(6-phenothrin)
d. Natural Pyrethrins
e. Piperonyl Butoxide (PBO) as a synergist
f Malathion
g. Naled
The Permittee may only use Malathion and Naled in case of documented pyrethroid
resistance development in a specific vector mosquito population.
D. Experimental Use of Adulticides
The Permittee may apply other adulticides not listed in this permit on a limited basis in
the context of a research and development effort under the jurisdictions of EPA and
WSDA through the issuance of a Federal Experimental Use Permit (40 CFR 172).
Permittees must not apply adulticides covered under an experimental use permit to areas
identified in Appendix B.
S6. PUBLIC NOTICIFICATION OF PESTICIDE USE
A. Public Notice
1. The Permittee must publish a public notice at least ten days prior to the first pesticide
application of the season. This notice must include:
a. The pesticide(s)planned for use and the active ingredient(s).
b. The approximate date ranges of treatments.
c. The approximate treatment location(s).
d. The online location where the public may find pesticide application updates (if
available online).
e. Where the public can find accurate information about the pesticides planned for
use.
f. The water use restrictions or precautions.
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Page 11
g. The application area posting procedures.
h. The name and telephone number of the Permittee and the Ecology Aquatic
Pesticides Permit Manager.
2. The Permittee's notification to the public regarding mosquito control activities must
continue throughout the treatment season if pesticide applications occur. After the
initial newspaper notice, the Permittee may notify the public using a method other
than notices in the newspaper, such as website posting or mailings.
3. For expected applications of pesticides that have a water-use restriction (currently
only applies to malathion,temephos and paraffinic white mineral oil), the Permittee
must publish a public notice in a local newspaper of general circulation(or nearest
regional paper if a local newspaper does not'exist).
B. Posting Requirements
1. The Permittee must post notices at all reasonable points of ingress and egress to the
treatment areas when applying larvicides with water use restrictions to water bodies
that are used for water supply, fish and shellfish harvesting, or water contact
activities.
2. The Permittee must make maps available to the public of the adulticide application
areas. Online maps or available hard copies meet this requirement. Permittees must
keep the maps for the entire treatment season.
S7.MONITORING REQUIREMENTS
A. The Permittee must monitor the amounts of pesticides used and report pesticide
application quantities as required in section S8.
B. Dip Sampling
1. When Permittees conduct larva treatments requiring dip samples (sections S4.D),the
Permittee must record the:
a. Date and place dipping occurred;
b. The contractor firm or individual who collected the sample or performed the
measurement;
c. The larvae count of the dip sample.
2. The Permittee need not submit this information as part of the annual report but must
make the information available to Ecology upon request.
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Page 12
S8.REPORTING REQUIREMENTS
The Permittee must_submit pesticide application information in accordance with the
following conditions.
A. Annual Report
1. By December 31 of each year, the Permittees must submit its annual report
electronically through Ecology's online data management-system (SecureAccess
Washington at https:Hsecureaccess.wa. ov. A signed and dated copy of the annual
report must be mailed to:
Department of Ecology
Water Quality Program
Attn: Aquatic Pesticide Permit Manager
PO Box 47600
Olympia, WA 98504-7600
2. The annual report includes:
a. Permit Number,
b. Permittee Name,
c. Name of the location treated. The location is the area that the Permittee has
permit coverage for(e.g. Acme Golf Club, City storm drain system,Acme
County,Acme mosquito control district),
d. Active Ingredient(e.g. Bti, permethrin, etc.),
e. Total amount of active ingredient applied this season. The Permittee may total the
amount of active ingredient applied at a location, and
£ Measurement units (pounds or gallons).
B. Records Retention
The Permittee must retain records of all monitoring information for a minimum of five
(5)years. Such information must include copies of all reports and records required by
this permit, and records of all data used to complete the application for this permit.
The Permittee must extend this period of retention during the course of any unresolved
litigation regarding the discharge of pollutants by the Permittee or when requested by
Ecology.
The records, reports,other information and documents required by this permit must be
made available to Ecology upon request.
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Page 13 -
C. Reporting Permit Violations
The Permittee must take the following actions when it violates or is unable to comply
with any permit condition:
1. Immediately take action to stop, contain, and cleanup unauthorized discharges or
otherwise stop the noncompliance and correct the problem.
2. The Permittee must report any noncompliance that may endanger health or the
environment by telephone to Ecology at the regional spills hotline and the aquatic
pesticides permit manager,within 24 hours from the time the Permittee becomes
aware of the noncompliance.
a. Southwest Regional Office: 1-360-407-6300
(Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Mason,Lewis, Pacific, Pierce,
Skamania, Thurston, and Wahkiakum counties)
b. Northwest Regional Office: 1-425-649-7000
(Island, King, Kitsap, San Juan, Skagit, Snohomish, and Whatcom counties)
c. Central Regional Office: 1-509-575-2490
(Benton, Chelan, Douglas, Kittitas, Klickitat, Okanogan, and Yakima counties)
d. Eastern Regional Office: 1-509-329-3400
(Adams,Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Lincoln,Pend
Oreille, Spokane, Stevens, Walla Walla, and Whitman counties)
e. Aquatic Pesticide Permit Manager: 1-360-407-6283
3. The Permittee must also provide a written submission within five days of the time
that the Permittee becomes aware of any event required to be reported under 1 or 2
above. The written submission must contain:
a. A description of the noncompliance and its cause.
b. The period of noncompliance, including exact dates and times.
c. The estimated time noncompliance is expected to continue if it has not been
corrected.
d. Steps taken or planned to reduce, eliminate, and prevent recurrence of the
noncompliance.
e. Updates that will be included in the Permittee's Integrated Pest Management Plan
to address the issue and prevent future noncompliance.
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Page 14
4. Ecology may waive the written report required in part 3, above, on a case-by-case
basis upon written request if it has received a timely oral report.
5. The Permittee must submit noncompliance reports to:
Department of Ecology
Water Quality Program
Attn:Aquatic Pesticide Permit Manager
PO Box 47600
Olympia, WA 98504-7600
S9.APPENDICES
The attached appendices are incorporated by reference into this permit and are subject to
enforcement.
1. APPENDIX A: Glossary
2. APPENDIX B: Endangered, Candidate, Threatened, and Sensitive Species List Areas
3. APPENDIX C: Transfer of Permit Coverage Form
4. APPENDIX D: Permit Coverage Public Notice Template
Draft Aquatic Mosquito Control General Permit—February 3, 2010
Page 15
GENERAL CONDITIONS
G1.DISCHARGE VIOLATIONS
All discharges and activities authorized by this general permit shall be consistent with the
terms and conditions of this general permit. The discharge of any pollutant more frequently
than, or at a concentration in excess of that authorized by this general permit shall constitute
a violation of the terms and conditions of this general permit.
G2.PROPER OPERATION AND MAINTENANCE
The Permittee shall, at all times, properly operate and maintain all facilities or systems of
treatment and control (and related appurtenances)which are installed to achieve compliance
with the terms and conditions of this permit. Proper operation and maintenance also includes
adequate laboratory controls and appropriate quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or similar systems, which are installed
by a Permittee only when the operation is necessary to achieve compliance with the
conditions of this permit.
G3.RIGHT OF ENTRY
The Permittee shall allow an authorized representative of Ecology, upon the presentation of
credentials and such other documents as may be required by law:
A. To enter upon the premises where a discharge is located or where any records shall be
kept under the terms and conditions of this permit;
B. To have access to and copy at reasonable times any records that shall be kept under the
terms of this permit;
C. To inspect at reasonable times any monitoring equipment or method of monitoring
required in this permit;
D. To inspect at reasonable times any collection,treatment, pollution management, or
discharge facilities; and
E. To sample at reasonable times any discharge of pollutants.
G4.PERMIT COVERAGE REVOKED
Pursuant with chapter 43.21B RCW and chapter 173-226 WAC, the Director may require
any discharger authorized by this permit to apply for and obtain coverage under an individual
permit or another more specific and appropriate general permit. Cases where revocation of
coverage may be required include,but are not limited to,the following:
A. Violation of any term or condition of this permit;
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Page 16
B. Obtaining coverage under this permit by misrepresentation or failure to disclose fully all
relevant facts;
C. Failure or refusal of the Permittee to allow entry as required in RCW 90.48.090;
D. A determination that the permitted activity endangers human health or the environment,
or contributes to water quality standards violations;
E. Nonpayment of permit fees or penalties assessed pursuant to RCW 90.48.465 and chapter
173-224 WAC;
F. Failure of the Permittee to satisfy the public notice requirements of WAC 173-226-
130(5), when applicable; or Permittees who have their coverage revoked for cause
according to WAC 173-226-240 may request temporary coverage under this permit
during the time an individual permit is being developed, provided the request is made
within ninety(90) days from the time of revocation and is submitted along with a
complete individual permit application form.
G5. GENERAL PERMIT MODIFICATION AND REVOCATION
This permit may be modified, revoked and reissued, or terminated in accordance with the
provisions of chapter 173-226 WAC. Grounds for modification or revocation and reissuance
include, but are not limited to, the following:
A. When a change which occurs in the technology or practices for control or abatement of
pollutants applicable to the category of dischargers covered under this permit;
B. When effluent limitation guidelines or standards are promulgated pursuant to the
FWPCA or chapter 90.48 RCW, for the category of dischargers covered under this
permit;
C. When a water quality management plan containing requirements applicable to the
category of dischargers covered under this permit is approved; or
D. When information is obtained which indicates that cumulative effects on the environment
from dischargers covered under this permit are unacceptable.
G6.REPORTING A CAUSE FOR MODIFICATION
A Permittee who knows or has reason to believe that any activity has occurred or will occur
which would constitute cause for modification or revocation under Condition G5 above, or
40 CFR 122.62 shall report such plans, or such information, to Ecology so that a decision can
be made on whether action to modify coverage or revoke coverage under this permit will be
required. Ecology may then require submission of a new application for coverage under this,
or another general permit, or an application for an individual permit. Submission of a new
application does not relieve the Permittee of the duty to comply with all the terms and
conditions of the existing permit until the new application for coverage has been approved
and corresponding permit has been issued.
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Page 17
G7. TOXIC POLLUTANTS
The Permittee shall comply with effluent standards or prohibitions established under Section
307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations
that establish those standards or prohibitions, even if this permit has not yet been modified to
incorporate the requirement.
G8. OTHER REQUIREMENTS OF 40 CFR
All other requirements of 40 CFR 122.41 and 122.42 are incorporated in this general permit
by reference.
G9. COMPLIANCE WITH OTHER LAWS AND STATUTES
Nothing in this permit shall be construed as excusing the Permittee from compliance with
any applicable Federal, State, or local statutes, ordinances, or regulations.
G10. ADDITIONAL MONITORING
Ecology may establish specific monitoring requirements in addition to those contained in this
permit by administrative orders or permit modification.
GI I. PAYMENT OF FEES
The Permittee shall submit payment of fees associated with this permit as assessed by
Ecology. Ecology may revoke this permit coverage or take enforcement, collection, or other
actions, if the permit fees established under chapter 173-224 WAC are not paid.
G12. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER A GENERAL
PERMIT
Any discharger authorized by this permit may request to be excluded from coverage under
this general permit by applying for an individual permit.The discharger shall submit to the
Director an application as described in WAC 173-220-040 or WAC 173-216-070,whichever
is applicable, with reasons supporting the request. These reasons must fully document how
an individual permit will apply to the applicant in a way that the general permit cannot.
Ecology may make specific requests for information to support the request. The Director
shall either issue an individual permit or deny the request with a statement explaining the
reason for the denial. When an individual permit is issued to a discharger otherwise subject to
this general permit, the applicability of this general permit to that Permittee is automatically
terminated on the effective date of the individual permit.
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Page 18
G13. TRANSFER OF PERMIT COVERAGE
This permit coverage may be automatically transferred to a new Permittee if:
A. The Permittee notifies the Department at least 30 days in advance of the proposed
transfer date.
B. The notice includes a written agreement between the existing and new Permittees
containing a specific date transfer of permit responsibility, coverage, and liability
between them.
C. The Department does not notify the existing Permittee and the proposed new Permittee of
its intent to modify or revoke permit coverage.
G14. PENALTIES FOR VIOLATING PERMIT CONDITIONS
Any person who is found guilty of willfully violating the terms and conditions of this permit
shall be deemed guilty of a crime, and upon conviction thereof shall be punished by a fine of
up to ten thousand dollars and costs of prosecution, or by imprisonment in the discretion of
the court. Each day upon which a willful violation occurs may be deemed a separate and
additional violation. Any person who violates the terms and conditions of a waste discharge
permit shall incur, in addition to any other penalty as provided by law, a civil penalty in the
amount of up to ten thousand dollars for every such violation. Each and every such violation
shall be a separate and distinct offense, and in case of a continuing violation, every day's
continuance shall be and be deemed to be a separate and distinct violation.
G15. SIGNATORY REQUIREMENTS
All applications, reports, or information submitted to Ecology shall be signed and certified.
A. In the case of a municipal, State or other public facility, all permit applications shall be
signed by a principal executive officer or ranking elected official. In the case of a
corporation, partnership, or sole proprietorship, all permit applications shall be signed by
either a principal executive officer of at least the level of vice president of a corporation,
a general partner of a partnership, or the proprietor of a sole proprietorship.
B. All reports required by this permit and other information requested by Ecology shall be
signed by a person described above or by a duly authorized representative of that person.
A person is a duly authorized representative only if:
1. The authorization is made in writing by a person described above and submitted to
Ecology.
2. The authorization specifies either an individual or a position having responsibility for
the overall operation of the regulated facility, such as the position of plant manager,
superintendent, position of equivalent responsibility, or an individual or position
having overall responsibility for environmental matters. (A duly authorized
Draft Aquatic Mosquito Control General Permit—February 3, 2010
Page 19
representative may thus be either a named individual or any individual occupying a
named position.)
C. Changes to authorization. If an authorization under paragraph 13.2 above is no longer
accurate because a different individual or position has responsibility for the overall
operation of the facility, a new authorization satisfying the requirements of paragraph 13.2
above must be submitted to Ecology prior to or together with any reports, information, or
applications to be signed by an authorized representative.
D. Certification.Any person signing a document under this section shall make 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 submitted. Based on my inquiry
of the person or persons who manage the system, or those persons directly responsible for
gathering information, the information submitted 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.
G16. APPEALS
The terms and conditions of the mosquito control general permit are subject to appeal. There
are two different appeal categories.
A. The permit terms and conditions as they apply to the appropriate class of dischargers are
subject to appeal within thirty(30) days of issuance of the mosquito control general
permit in accordance with chapter 43.21(B)RCW and chapter 173-226 WAC; and
B. The applicability of the permit terms and conditions to an individual discharger are
subject to appeal in accordance with chapter 43.21(13)RCW within thirty(30) days of the
effective date of coverage of that discharger.
An appeal of the coverage of the mosquito control general permit to an individual discharger
is limited to the applicability or non-applicability of the mosquito control general permit to
that same discharger.Appeal of this permit coverage of an individual discharger will not
affect any other individual dischargers. If the terms and conditions of the mosquito control
general permit are found to be inapplicable to any discharger(s), the matter shall be remanded
to Ecology for consideration of issuance of an individual permit or permits.
G17. SEVERABILITY
The provisions of this permit are severable, and if any provision of this general permit or
application of any provision of this general permit to any circumstance is held invalid,the
application of such provision to other circumstances, and the remainder of this general
permit, shall not be affected thereby.
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Page 20
G18. DUTY TO REAPPLY
The Permittee shall reapply for coverage under this permit, at least,one hundred and eighty
(180)days prior to the specified expiration date of this permit.An expired permit and
coverage under the permit continues in force and effect until Ecology issues a new permit
(coverage) or until Ecology cancels it. Only those facilities which have reapplied for
coverage under this permit are covered under the continued permit.
Draft Aquatic Mosquito Control General Permit—February 3,2010
Page 21
APPENDIX A: GLOSSARY
All definitions listed below are for use in the context of this permit only.
Active Ingredient: The ingredient in a pesticide product formulation that provides the
insecticidal effects. There may be more than one in a product formulation and may be combined
with other additives to increase the insecticidal effects.
Adjacent: Something or somewhere near but not necessarily right next to something else.
Adulticide: A pesticide product designed to target adult mosquitoes and applied using ultra-low
volume techniques.
Alert Level: Levels assigned by Washington Department of Health to the relative threat of a
disease outbreak based on infection rates,time of year, mosquito surveillance and other factors in
the West Nile Virus Outbreak Response Plan.
All Known and Reasonable Technologies (AKART): All known, available, and reasonable
methods of pollution control and prevention as described in 90.48.010, 90.48.520, 90.52.040,
and 90.54.020 RCW and 173-201A-020, 173-204-120, 173-204-400, 173-216-020, 173-216-050,
173-216-110, 173-220-130 WAC .
Best Management Practices (BMW): Practices, procedures,techniques, equipment, physical
controls or any actions that minimize discharges to waters of the state in addition to permit
requirements; may be synonymous with AKART. The Ecology publication"Best Management
Practices for Mosquito Control"are BMPs.
Blanket Coverage: Permit coverage extended to mosquito control entities by Washington
Department of Health through their NPDES permit coverage to control mosquitoes in
Washington State.
Complete Application: A completed and signed Notice of Intent and SEPA checklist for the
proposed activity.
Constructed water body: A human-made water body in an area that is not part of a previously
existing watercourse, such as ponds, streams,wetlands, etc.
Dip/Dipping: The act of scooping up a small amount of water and examining it for the
presence/absence of mosquito larvae.
Discharge: The addition of any pollutant to a water of the state.
Entity(s): Who is in control of pesticide applications,would apply for permit coverage and
includes,but is not limited to Mosquito Control Districts, Commercial Pest Applicators, Cities,
Counties, Public Utility Districts,Public Health Districts, Municipalities, State and Local
agencies, and any other commercial,private, public, or government entity providing mosquito
control.
Draft Aquatic Mosquito Control General Permit—February 3, 2010
Page 22
Experimental Use Permit: Federal and state permits that allow the use of unregistered
pesticides in the context of research and development for registration of the pesticide under
FIFRA Section 3, or in the context of research and development for registration of a new use of a
currently registered pesticide under FIFRA Section 3. See 40 CFR 172, 15.58.405 RCW, and
WAC 16-228-1460.
FIFRA: Federal Insecticide, Fungicide, and Rodenticide Act
Incidental: The minimum amount of adulticide deposition possible to surface waters of the state
during properly conducted pesticide applications(in accordance with this permit and the FIFRA
label) for controlling vector mosquitoes.
Integrated Pest Management Plan (IPMP): An ecologically based strategy for pest control
that incorporates monitoring, biological, physical, and chemical controls in order to manage
pests with the least possible hazard to people, then environment and property. IPMP considers
all available control actions, including no action. Pesticide use is only one control action.
Larvicide: A pesticide product designed to target mosquitoes in larva and pupa life stages and
applied directly to water.
Mosquito Control District(MCD): A district organized under the authority of chapter 17.28
RCW for the control of mosquitoes in Washington State.
Mosquito Control Entity: See `Entity.'
Natural Pyrethrins: Chemicals isolated from the chrysanthemum flower that have insecticidal
properties.
New Applicant: An entity or mosquito control entity that proposes to begin discharge of
pesticides to control mosquitoes and that does not yet have permit coverage but is beginning the
permitting process by submitting a complete application to Ecology.
New Permittee: Permittees who begin mosquito control activities that discharge pesticides after
the effective date of this permit. This does not include Permittees who were covered under
Washington State Department of Health's blanket NPDES permit coverage unless they fail to
transfer permit coverage (section S 1.13)within 60 days of the effective date of this permit.
Nuisance Mosquito Control: The use of IPM, larvicides, and adulticides to control mosquitoes
that are an annoyance to humans and animals but are not known in Washington State to carry
disease that may be transmitted to humans.
Open Accessible Areas: Areas that are easily accessible by the public (e.g. wetlands, ponds,
lakes, etc.)
Permittee: Entities that apply for and gain coverage under this permit and have control of or
cause the discharge permitted under coverage of this permit.
Draft Aquatic Mosquito Control General Permit—February 3, 2010
Page 23
Pesticide: A chemical formulation that has insecticidal properties and is used to control
mosquitoes.
Pesticide Applicator(s): An individual with the appropriate Washington State Department of
Agriculture(WSDA) license(s)to apply pesticides (larvicides and/or adulticides) .
Pesticide Resistance: The build-up of a tolerance to a pesticide by the target insect through
survival of individuals who are not impacted by enough pesticide to cause mortality or through
genetic variance have natural tolerance. When an insect is pesticide resistant to a specific
formula,that formula will have reduced efficacy or sometimes no effect at all.
Planned Treatments: A schedule of treatment dates developed by the mosquito control entity at
the beginning of the treatment season.
Pollutant(s): Means any substance discharged that would alter the chemical, physical,thermal,
biological, or radiological integrity of the waters of the state of would be likely to create a
nuisance or renders such waters harmful, detrimental or injurious to the public health, safety, or
welfare, or to any legitimate beneficial use, or to any animal life, either terrestrial or aquatic.
Pollutants include,but are not limited to,the following: dredged spoil, solid waste, incinerator
residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes,biological
materials, radioactive materials, heat,wrecked or discarded equipment, rock, sand, cellar dirt,
pH,temperature, TSS, turbidity, color, BOD5, TDS,toxicity, odor, and industrial, municipal,
and agricultural waste.
Product Formulation(s): The active, inert, and other ingredients specific to a brand name
pesticide (e.g.Altosid, Permanone, or Trumpet EC).
Pyrethroid: A synthetic chemical insecticide formulated to mimic the action of the natural
pyrethrins.
Qualified toxicologist: A person with a PhD in toxicology or in a health or ecological science
with an emphasis in toxicology, or a person with a Master's degree in toxicology or a related
science with an emphasis in toxicology, who is working in the field of toxicology.
Range: A specific series of dates that anticipates the months of planned treatment. This is a
planned range-it can be exceeded if public health concerns arise.
Representative sampling: In a large treatment area,the sites selected within that area that
provide statistical significance (as determined by a statistician).
Residue: Any excess pesticide applied during an application and any excess pesticide, all
chemicals, and their degredants left behind after a pesticide has completed its purpose.
Secure Access Washington (SAW): The web based application where persons may apply for
permit coverage and Permittee's may update information and submit annual reports. SAW is
located at https:Hsecureaccess.wa.gov.
Draft Aquatic Mosquito Control General Permit—February 3, 2010
Page 24
Synergist: An additive or other active ingredient that increases the effectiveness of the main
active ingredient in a pesticide formulation.
Surveillance: The act of setting traps to monitor for the presence of mosquitoes and to trap wild
mosquitoes for mosquito-borne disease testing.
Ultra Low Volume (ULV): A type of pesticide application that uses very small amounts of
pesticide per acre (approximately 1 fluid ounce per acre depending on FIFRA label
requirements). This type of application creates an invisible fog with particles approximately 30
microns in size that drifts to impact adult mosquitoes.
Upland farm pond: Private farm ponds created from upland sites that did not incorporate
natural water bodies (WAC 173-201A-260(3)(0).
Vector Mosquito Control: The use of IPM, larvicides and adulticides to control mosquitoes that
are known carriers, in Washington State, of disease that may be transmitted to humans. The
current list of endemic diseases in Washington includes West Nile virus, Western Equine
Encephalitis, and St. Louis Encephalitis.
Washington Pesticide Control Act: Chapter 15.58 Revised Code Washington (RCW)
Water Supply,Conveyance,Drainage,or Other Restricted Access Systems: Restricted
access areas that are accessible only through manholes or other means. Not readily accessible to
the public(e.g.water, electrical or transportation vaults, storm drains, catch basins, etc.)
Waters of The State: All surface and ground waters in Washington State as defined by chapter
90.48.020 RCW 173-201A-020 WAC and 173-226-030 WAC_ including any future amendments
of state law. Also includes drainages to waters of the state.
Water-use Restriction: This refers to any product labeled for restricted water use immediately
after treatment(currently applies only to malathion, temephos, and paraffinic white mineral oil).
In the absence of other definitions set forth herein,the definition as set forth in 40 CFR
Part 403.3 or in chapter 90.48 RCW shall be used for circumstances concerning discharges.
Draft Aquatic Mosquito Control General Permit—February 3, 2010
Page 25
APPENDIX B: STATE LISTED SPECIES RESTRICTED USE AREAS
Criteria Used for the Restrictions
The criteria WDFW used for denoting species as vulnerable were:
1) State species of concern(e.g. listed as state endangered, threatened, sensitive, or candidate).
2) Current range and distribution of the species was highly localized.
3) The species inhabited freshwater wetlands during most of the mosquito control treatment
period.
Six species initially met those criteria: northern leopard frog (Rana pipiens), Oregon spotted frog
(Rana pretiosa), western toad(Bufo boreas),western pond turtle(Clemmys marmorata),
American white pelican (Pelecanus erythrorhynchos), and one butterfly,the Yuma skipper
(Ochlodes yuma).
WDFW identified areas occupied by the two extant populations of northern leopard frog;two
extant western Washington populations of Oregon spotted frog;western toad breeding ponds (for
western Washington only);the three remaining western pond turtle populations; the single
American white pelican breeding colony; and the one known Washington Yuma skipper
population.
Based on the review of published literature, expert advice, and the vulnerability of these rare and
endangered animals and their freshwater invertebrate food resources WDFW requested that if
mosquito control is deemed necessary in the areas WDFW described in April 2003,that it be
restricted to the use of Bacillus products.
Aerial Applications
An exception to the WDFW request regarding the use of certain larvicides was made for the
single American white pelican breeding colony. The colony resides on islands and along the
shores of the Columbia River, south of the confluence of the Snake River, in Walla and Benton
counties. While bio-chemicals such as methoprene were not of concern for the pelican breeding
colony,the method of aerial application was believed to be unacceptably disturbing for their
successful breeding. It was agreed that aerial applications would not be made on the pelican
breeding areas, whereas less obtrusive methods of mosquito control were acceptable near these
sites.
Discussions among several WDFW biologists found that aerial applications of larvicides
disturbed work being done in a few wildlife refuge areas around the state. It was therefore agreed
that operators making aerial applications over wildlife refuges should notify the appropriate
regional WDFW office of their scheduled aerial applications at least 24 hours prior to spraying.
The notification can be made by phone or fax.
Area of Impact
Only a few populations of northern leopard frog, Oregon spotted frog, western toad,western
pond turtle, and Yuma skipper remain in Washington. The total area occupied by these species in
Draft Aquatic Mosquito Control General Permit—February 3, 2010
Page 26
rivers, lakes, ponds, and wetlands is tiny, comprising of portions of 117 sections (<O.18% of
Washington State). The areas identified for northern leopard frog(36 Sections) and western pond
turtle (13 Sections) are owned or managed by WDFW.A prudent, risk-adverse approach is
warranted with vulnerable threatened and endangered species.
The following areas are restricted to the use of Bacillus thuringiensis israelensis (Bti) and
Bacillus sphaericus(H-5a5b):
1. Grant County, north of Moses Lake, within the Crab Creek watershed: T21N R27E Sections
1, 12, and 13; T21N R28E Sections 7, 17, 18, 19, 28, 29, 30, 31, 32, and 33.
2. Grant County, south and west of Moses Lake and south of Interstate-90,the northern portion
of the Potholes: T19N R27E Sections 33, 34, 35, and 36; T19N R28E Sections 31 and 32, 29,
30;T18N R27E Sections 1, 2, 3, 4, 8, 9, 10, 11, 12, 13, 14, 15, and 16, 17; T18N R28E
Sections 5, 6, 7, 8, 17, and 18.
3. Grant County, area within and near the Sun Lakes-Dry Falls State Park wetlands: T24N
R27E and 28E.
4. Kitsap County: lakes, ponds, and wetlands located in T22N R1 W Sections 1, 2, 10, 11, and
12.
5. Klickitat County, west of the Klickitat River, all waters in T3N R12E Sections 28, 29, 32,
and 33.
6. Mason County, on the Kitsap Peninsula: lakes, ponds, and wetlands located in T23NR2W
Sections 11, 12, 13, 14, 15, 22, and 23.
7. Pierce and Kitsap counties, Carney Lake, located in T22N RI W.
8. Pierce, Thurston, and Lewis counties, within the Nisqually River watershed: Alder Lake (or
Alder Lake Reservoir), located in townships: T15N R4E and 5E.
9. Pierce County, south of Tacoma, Chambers Creek and associated waters in T20NR2E
Sections 26 and 27.
10. Skamania County, east of Carson, all waters in T3N R8E Sections 23, 24, 25, 26, and 36;
T3NR9E Sections 30 and 31.
11. Thurston County, west of Yelm: lakes, ponds, and wetlands located in T17N RI Sections 8,
9; 16, and 21.
12. Thurston County, south of Olympia and east of Interstate-5,within the Black River
watershed,the Beaver Creek drainage, located in T16N R2W Sections 9, 10, 11, and 12;
T16N R1 W Section 7.
13. Thurston County, south of Olympia and west of Interstate-5, within the Black River
watershed: Black River proper from south of Black Lake to the Chehalis River confluence,
Draft Aquatic Mosquito Control General Permit-February 3, 2010
Page 27
and the following tributaries, Stony Creek, Dempsey Creek, Salmon Creek, and Blooms
Ditch. Legal description as follows for these sensitive areas: T17N R3 W Sections 10, 11, 12,
13, 14, 15, 23, 24, 25, 35, and 36; T17N R2W Sections 7, 18, 19, and 30; T16N R3W
Sections 2, 11, 14, 19, 20, 21, 22, 23, 30, and31;T16N R4W Sections 25, 26, 27, 31, 32, 33,
34, 35, and 36.
Draft Aquatic Mosquito Control General Permit-February 3, 2010
Page 28
APPENDIX C: TRANSFER OF PERMIT COVERAGE
Mosquito Control General Permit
i DO NOT ALTER THIS FORM
DEPARTMENT OF Both the current Permittee and the new Permittee(s) must sign this form. Provide the date
ECOLOGY that the new applicator assumes responsibility for the facility.Attach additional sheets if
State of Washington
necessary.
I. Original Permittee
Permittee's Name:
Permit Number:
Agency/Company:
Mailing Address:
City: Olympia State: WA Zip:
Phone Number: Fax Number:
Email address:
Signature:
II. New Permittee
Name:
Title:
Agency/Company:
Mailing Address:
City: State: Zip:
Phone Number: Fax Number:
Email address:
New Permittee will assume responsibility and liability for coverage on:
Month/Day/Year
Signature:
III.New On-Site Contact Person (if different than above)
Contact Name:
Title:
Company Name:
Mailing Address:
City: State: Zip:
Phone: Cell Phone:
Email Address(optional):
Draft Aquatic Mosquito Control General Permit—February 3, 2010
Page 29
APPENDIX D: PUBLIC NOTICE TEMPLATE FOR NEW COVERAGES
The public notice must be published at least once each week for two consecutive weeks, in a
single newspaper of general circulation in the county or counties where the mosquito control
.activities will take place. The bold language is required by WAC 173-226-130 and must be
included as part of the public notice in its entirety. Information may be added to this template,
but no information may be removed or changed.
PUBLIC NOTICE TEMPLATE
(Insert Applicant Name) is seeking coverage under the NPDES Waste Discharge General
Permit for mosquito control. (Insert Applicant Name) is located at(Insert applicant business
address and phone number).
The proposed coverage applies to the geographical area describe below (Describe the
boundaries of mosquito control operations):
Areas within the described boundaries may be treated to control mosquitoes. The
chemicals planned for use are (list all active ingredients anticipated for use):
Any person desiring to present their views to the Department of Ecology regarding this
application may do so in writing within 30 days of the last date of publication of this notice.
Comments must be submitted to the Department of Ecology. Any person interested in the
Department's action on the application may notify the Department of their interest within
30 days of the last'date of publication of this notice.
Submit comments to:
Department of Ecology
Water Quality Program
Attn: Aquatic Pesticide Permit Manager
P.O.Box 47600
Olympia,WA 98504-7696
Draft Aquatic Mosquito Control General Permit—February 3, 2010
Page 30
Carrie Olson
From: Hebe Bernardo
Sent: Thursday, October 21, 2010 7:46 AM
To: Carrie Olson
Subject: Folder request
Hi Carrie,
P
Please make 1, 1-inch, sidetab file folder for SWA 27-2000
Title: 2010 Mosquito Abatement Program
1300-SEPA Addendum
Thank you and please let me know if you have any questions
Hebe C. Bernardo
Civil Engineer II
City of Renton I Public Works I Surface Water Utility
1055 S. Grady Way 15th Floor Renton, WA 98057
Direct: 425.430.7264
r,
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