NPDES
November 01, 2011
The Final NPDES PGP is available at: http://cfpub2.epa.gov/npdes/home.cfm?program_id=410
October 13, 2011
Important Update!!
This is a reminder that all Districts must have their Notice of Intent (NOI) on
DEP's desk no later than close of business on October 30. Send two (2) copies of
your NOI and a check for $500 to:
Florida Department of Environmental Protection
Bob Martinez Center
Industrial Wastewater Section
2600 Blair Stone Road, Mail Station 3545
Tallahassee, FL 32399-2400
The contact person at DEP is Mary K. Smith. Her Email is mary.k.smith@dep.state.fl.us and her phone number is 850-
245-8591. She has been very helpful during this process and will answer any question
that you might have. If you don't want to take any chances that your NOI might arrive
after the Oct. 30 deadline, you can send it in now and she can defer the initiation
of coverage until Oct. 31. Just send a cover letter with the NOI or email her and
let her know that your NOI is on the way and that you would like to defer coverage.
She will take care of you on this. She will also review your NOI when you send it
in and call or email if there are any problems with it. A good reason to get the
NOI in before the deadline so she can review them.
The NOI form previously posted is no longer valid. Please visit this link http://www.dep.state.fl.us/water/wastewater/forms.htm for
the updated NOI form. Scroll down the list of forms until you find form 62-621.300(8)(f)
with the title Notice of Intent (NOI) to Comply with the Terms of the Generic Permit
for Pollutant Discharges to Surface Waters of the State from the Application of
Pesticides. You will find the NOI form in both MS Word and PDF formats on the right
of the page. If you down load the Word document you can fill the form out on your
computer using Word or another word processor. The PDF version will probably require
that you have software to modify the PDF so the Word document will probably be easier
to complete.
Once you have received your letter of coverage from DEP, you have 90
days to complete the development of your Pesticide Discharge Management Plan (PDMP)
and have it available at your office for inspection. This document does not get
sent to DEP or DACS but is kept at your facility. You must review your PDMP annually
and for agreement with your operations as the operation changes. Any revisions to
the PDMP must be noted. The easiest way to do this is to put the date of revision
on your copy any time the PDMP is changed or the annual review of the document is
completed. The NOI does not have to have every piece of information included in
the body of the document. You can refer to material outside the document such as
a map our your District, the AMCA's Best Management Procedures, Standard Operating
Procedures (SOPs), and things of this nature. This allows you to make changes to
the referenced documents without having to rewrite and make changes to the PDMP
itself. Just makes life a little easier down the road.
Steve Dwinell at DACS has agreed to look over your PDMP and let you know if anything needs added or changed.
His email is steven.dwinell@freshfromflorida.com and you can email him a copy for
his review.
Anyone having questions can contact me at jeff@cmcd.org or 239-436-100
or you can contact Mary Smith.
Thanks folks.
See you all in Jax,
Jeffrey C. Stivers, Ph.D.
Director of Research Collier Mosquito Control District
600 North Road
Naples, FL 34104
Voice 239-436-1000
Fax 239-436-1005
Cell 239-248-7980
April 18, 2011
The EPA has been granted an extension by the Court of the implementation date for
NPDES permits. EPA now has until October 31, 2011 to implement the Federal permit.
The final version of the Pesticide General Permit (Permit) and DEP rule have been
approved for publication, with an effective date of April 14, 2011. However, DEP
has issued a legal opinion regarding implementation of the DEP Permit, based on
the extension granted to EPA by the court. The legal opinion is included, below,
for those who wish to read it. Essentially, the opinion states that we have until
October 31, 2011 to be in compliance with the conditions of the permit. This means
that Districts do not have to keep any of the records required by the Permit, nor
do they have to report Adverse Incidents. The NOI must be in DEP’s hands on October
31, at the latest. And, we must be in compliance with all of the Permit requirements
on October 31. Until then we can continue to operate as usual.
Mosquito control has until October 31, 2011 to file a Notice of Intent (NOI) along
with a check for $500 with DEP. DEP then has up to 30 days to respond and issue
each organization an FLG number. Once the FLG number is received, there is a 90
day window for completion of the Pesticide Discharge Management Plan.
This is the legal opinion prepared by DEP:
On March 28, 2011, the Sixth Circuit Court of Appeals granted the U.S. Environmental
Protection Agency a continuation of a stay of their 2009 ruling in Nat’l Cotton
Council v. Envtl. Prot. Agency, 553 F.3d 927 (6th Cir. 2009), delaying the need
to obtain a National Pollutant Discharge Elimination System (NPDES) permit for discharges
of pesticides to waters of the U.S., until October 31, 2011. The Department’s rule
establishing a NPDES pesticide generic permit (NPDES PGP) to cover the discharge
of pesticides to waters of the state is effective on April 14, 2011. However, due
to the Sixth Circuit Court of Appeals’ continuation of the stay of their ruling,
discharges of pesticides to surface waters of Florida are not required to have NPDES
permits until October 31, 2011. While the Department’s generic permit is effective,
as stated in section 403.088(1)(a), Florida Statutes, the Department’s generic permit
is only necessary if NPDES permit coverage is required under the Clean Water Act.
Since a NPDES permit will not be required until October 31, 2011, coverage under
the NPDES PGP is not required and the terms of the NPDES PGP do not need to be implemented
until October 31, 2011. Consequently, those entities that are required to submit
a Notice of Intent (NOI) for coverage under the NPDES PGP, do not need to submit
the NOI until October 30, 2011, Further, conditions of the permit such as adverse
incident reporting and record keeping do not need to be implemented until October
31, 2011.
The following documents are being made available to assist mosquito control in the
preparation of the NOI and the PDMP:
Documents updated April 13th, 2011
-
Notice of Intent (NOI) Pesticide Generic Permit (ada compliant)
This is the NOI that must be completed and received by DEP by October 31.
-
Guidance on Completion of the Notice of Intent (NOI)
This document has been prepared by an FMCA/DACS working group to help mosquito control
personnel properly complete the NOI. This document is being reviewed by DEP and
may be modified, based on DEP’s comments, so check back for updates. If there are
any updates to this document, the date of the update will be posted here. This is
the version as of 4/13/2011
-
Pesticide Generic Permit (ada compliant)
This is the latest, published, version of the Permit and should be read carefully
by everyone.
-
Record Keeping and Reporting Guidance"
A brief reference for compliance with the record keeping requirements of DACS and
DEP required records. This document is also being reviewed by DEP so check back
for updates. This is the version of 4/13/2011
-
Guidance for Development of Pesticide Discharge Management Plan
This is another guidance document, prepared by the FMCA/DACS working group, which
will help with the preparation of the PDMP. This document contains a variety of
examples that can be used directly in the preparation of the PDMP, so feel free
to copy them if they fit your operation.
The examples highlighted in yellow are the rough version of what the Collier Mosquito
Control District has developed. Note that there are several items highlighted in
red. These are an indication that a Standard Operating Procedure (SOP) will be included,
by reference, in the PDMP. It is a good idea to use this type of reference as it
allows changes to the SOP without having to make a record of the change, as is required
for changes to the PDMP itself.
It is a good idea to keep a digital copy (computer file) of the PDMP and any referenced material. This will allow rapid changes to the documents if, during a DACS inspection, there are any problems with the documents. Having a digital copy permits immediate changes to the PDMP so that it can be corrected during the inspection. Keep in mind that all changes to the PDMP must be recorded so it is a good idea to save the new version with a different file name than the original. Including the date in the file name makes it easy to track the most recent version.
This document is also under review by DEP. This is the version of 4/13/2011.
For questions contact:
April 11, 2011
Diane Richards from Indian River Mosquito Control District has provided a copy of
her district's NPDES Adverse Incident Report Form
This is a set of 2 forms that should be useful to mosquito control dostricts statewide.
One form is for reporting an Adverse Incident within 24 hours of the incident, the
other is the follow-up 30 day report. Diane is willing for anyone who wants to use
it to take as much or as little as they need.
NPDES Adverse
Incident Report Forms (PDF)
April 7, 2011
The EPA has been granted an extension by the Court of the implementation date for
NPDES permits. EPA now has until October 2011 to implement the Federal permit. However,
this extension does not apply to Florida mosquito control because DEP will continue
with the State permit, as outlined below.
The final version of the Pesticide General Permit (Permit) and DEP rule have been
approved for publication, with an effective date of April 14, 2011. This means that
all mosquito control organizations operating under DACS and Ch. 388 must be in compliance
with the conditions detailed in the Permit on April 14. This includes keeping all
the required records and other conditions established in the Permit.
Mosquito control has up to 180 days after April 14 to file a Notice of Intent (NOI)
along with a check for $500 with DEP. DEP then has up to 30 days to respond and
issue each organization an FLG number. Once the FLG number is received, there is
a 90 day window for completion of the Pesticide Discharge Management Plan.
For questions contact:
April 5, 2011
FMCA President Roxanne Connelly forwarded this information regarding HR 872:
AMCA letter to members
regarding passage of HR 872 (PDF)
April 2, 2011
Manatee County Mosquito Control has kindly offered to let FMCA post their Draft
NPDES Pesticide Discharge Management Plan as an example:
MCMCD
NPDES Pesticide Discharge Management Plan - DRAFT (PDF)
March 3, 2011
NPDES Overview
and History
February 8, 2011
Great news. DEP has been authorized to proceed with notice of proposed rule for
the following rule: 62-621.300(8) - the rule to allow State approval of a National
Pollutant Discharge Elimination System (NPDES) permit. We can halt the letter writing
campaign. Thanks to all that have helped in this process.
FMCA Legislative Co-Chairs:
Dennis Moore
Doug Calson
February 1, 2011
Given the fact that the NPDES rule-making process is on hold due to Gov. Scott's
action, the Florida Mosquito Control Association believes that it is extremely important
that all mosquito control offices contact Gov. Scott, encouraging him to allow the
NPDES rule-making process to move forward immediately. Toward this goal, Chris Lyon
(Lewis, Longman & Walker) has provided the attached letter (PDF) which he sent to the Governor which
stresses the importance of this process.
Thank you for your help with this important item.
Doug Carlson, FMCA Legislative Committee - Co-Chair
Dennis Moore, FMCA Legislative Committee - Co-Chair
Jeff Stivers, FMCA NPDES Working Group - Chairman
Links
FMCA Letter
to Gov Scott (PDF)
AMCA
comments on Florida permit (PDF)