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University of Illinois Extension serving Fulton, Mason, Peoria and Tazewell Counties

Main Office (Tazewell County)
1505 Valle Vista
Pekin, IL 61554
Phone: 309-347-6614
FAX: 309-347-5472
Email:uie-fmpt@illinois.edu
Hours: Monday-Friday 8:00am to 4:30pm (Closed 12 - 1pm)

Branch Office (Fulton County)
15411 N IL 100 Highway
Lewistown, IL 61542
Phone: 309-547-3711
FAX: 309-547-3713
Hours: Monday-Friday 8:00am to 4:30pm (Closed 12 - 1pm)

Branch Office (Mason County)
127 S High St, Ste 1
Havana, IL 62644
Phone: 309-543-3308
FAX: 309-543-6239
Hours: Monday-Friday 8:00am to 4:30pm (Closed 12 - 1pm)

Branch Office (Peoria County)
4810 North Sheridan
Peoria, IL 61614
Phone: 309-685-3140
FAX: 309-685-3397
Hours: Monday-Friday 8:00am to 4:30pm (Closed 12 - 1pm)

News Release

NPDES Rules Impact Many

April 17, 2012

The last two years have witnessed a dramatic change in pesticide regulation. That change stems from a 2009 ruling by the Sixth Circuit Court of Appeals (the appeals court covering Kentucky, Michigan, Ohio, and Tennessee), and it inserts the Clean Water Act into pesticide regulation.

As the winter months have rolled along, regulators in the state of Illinois have clarified how that ruling impacts Illinois growers, homeowners, municipalities and lake associations.

For some individuals and entities, the change means that "National Pollutant Discharge Elimination System (NPDES) Permits" will have to be filed. What follows is a very brief overview of material provided by the Illinois Pesticide Safety Education Program based at the University of Illinois. A more comprehensive NPDES overview, authored by David Robson and Michelle Wiesbrook, can be found at https://my-s.extension.uiuc.edu/documents/960120102120212/NPDES%20summary%20with%20IEPA%20comments.pdf

First and perhaps most importantly, NPDES permitting applies only to those that apply a pesticide or hire others to apply a pesticide to water, over water, or near the water's edge.

The requirement for an NPDES permit only applies to those bodies of water that are "hydrologically connected" , or tributaries to those bodies of water that run into the system of watersheds found throughout the state. Borrow pits and back yard pools don't fit that definition, and pesticide applications to those areas do not meet the definition of being "hydrologically connected or tributaries."

Where a body of water is hydrologically connected, permitting may be required. It makes no difference if one is a private citizen, a professional applicator, a private applicator or a municipality – everyone has to file a permit, and exceptionally stiff penalties can be filed against those found guilty of violating the rule.

The ruling does not apply to pesticide applications to row crops, ditches, etc. so long as those applications do not occur to water, over water, or near the water's edge. Add water to a ditch, and permitting could be required.

Pond owners, lake associations, and others that apply pesticides to eliminate mosquitoes or to manage pond weeds are excellent examples of those of whom a permit will be required.

Permitting is required only where surface water is the issue.

The Illinois Environmental Protection Agency is responsible for administering the permitting program, and notifications of intent (NOIs) – permitting requests to apply a pesticide - must be filed with them.

There will be a substantial delay between permit filing and authorization to apply a pesticide, NOIs will be public information, those applying must consult with the Illinois Department of Natural Resources regarding Endangered Species Act restrictions previous to application, and there are restrictions as to the total amount of area that can be treated. Moving beyond those restrictions (termed "thresholds") will require additional paperwork/reporting.

Once again, this overview is merely that "an overview." Those planning to apply pesticides to water, over water, or near the water's edge should consult the University of Illinois PSEP fact sheet on the topic https://my-s.extension.uiuc.edu/documents/960120102120212/NPDES%20summary%20with%20IEPA%20comments.pdf and they should also consult the Illinois Environmental Protection Agency's resources on this topic

(http://www.epa.state.il.us/water/permits/pesticide/index.html). Growers, individuals, lake associations, municipalities, and others will want to familiarize themselves with NPDES before a pesticide need emerges this season.

Source: Matt Montgomery, Extension Educator, Local Food Systems and Small Farms, mpmontgo@illinois.edu