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Aquatic Pesticide Permit Application and Instructions
 

Part 1. What is an "Aquatic Site?"
Part 2
. Completion of the Aquatic Pesticide Permit Application
Part 3. Permit Fees
Part 4. Record of Actual Treatment
Part 5. Permit Revision Request



AQUATIC PESTICIDE PERMIT INFORMATION AND PROCEDURES

APPLY ONLINE - AQUATIC PESTICIDE USE PERMIT
Go to http://www.nj.gov/dep/online/

All aquatic pesticide permits must be submitted in this form; paper permits are no longer being accepted. Aquatic Pesticide Permits are submitted through the Registered Service System .

As the responsible applicator for the permit, you are responsible for identifying and contacting any and all other agencies, including NJDEP that may need to be involved with or have interest in the aquatic site(s) you are proposing to treat:

-- Parks and Forestry (609-984-1339)
    http://www.nj.gov/dep/parksandforests/natural/index.html

-- Fish and Wildlife (908-236-2118)
    http://www.nj.gov/dep/fgw/bfwfhome.htm

-- Land Use Regulation (609-292-0060)
    http://www.nj.gov/dep/lum/lup.htm

-- Dam Safety and Flood Control (609-984-0859)
    http://www.nj.gov/dep/damsafety/

-- Lake Hopatcong and Lake Musconetcong - State Park Service (908-236-6355)

Aquatic Permits that fall within the Pinelands area will continue to be forwarded to the Commission by the online service.

APP Revision procedures will remain the same. REMEMBER, if the revision request pertains to the use of a new aquatic pesticide, you must ensure that the aquatic pesticide is registered for use in New Jersey prior to application. Aquatic Pesticide Product registration can be found by going to Online Reports.  Scroll to Product Registration by EPA Registration. Number to check current registration status of the aquatic pesticide you propose to use.

Aquatic permit information pertaining to New Jersey Sand Bottom Swimming Pools (Ponds/Lakes) can be obtained by contacting the NJDEP Pesticide Control Program Permits Unit at 609-984-6666.

If you have questions concerning the permit application or the record of actual treatment form, please contact Hollie Ezze at:

Phone (609) 984-6666
Fax (609) 984-6555
E-mail: Hollie.Ezze@dep.nj.gov

Forms:  
Record of Actual Treatment (BPO-03) Excel
Record of Actual Treatment (BPO-06) Excel


Part 1. What is an "Aquatic Site?"

N.J.A.C. 7:30-9.3 is the regulation that mandates an Aquatic Pesticide Permit for most applications of pesticides to any "waters of the State" or on "Aquatic sites". To determine if a permit is necessary, for the type of application you intend to make, read the following:

According to the Pesticide Control Code N.J.A.C. 7:30,
"Aquatic pesticide means any pesticide that contains labeling instructions indicating that the pesticide is intended for use on aquatic sites, except for those uses listed below. If a pesticide label contains both exempted and non-exempted aquatic uses, the pesticide shall still be considered an aquatic pesticide for the purposes of this chapter:

1. Pesticides labeled only for flushing down toilets or to be directly applied to water or sewer pipes, for use in controlling tree roots inside those pipes;
2. Pesticides labeled only for use in cooling towers,
3. Pesticides labeled only as algaecides for use in swimming pools, hot tubs, ornamental ponds, fountains, fish tanks, or water beds. These sites are an artificial, self-contained water with no inlet from or outlet to "natural" water and with label statements prohibiting such discharge; or
4. Algaecides labeled only for use in water treatment plants, wastewater treatment plants or sewerage treatment plants.

All "Aquatic Pesticides" are considered restricted use in New Jersey.

An "aquatic site means those areas meeting the definition of waters of the state or wetland."
"Water or waters of the State means the ocean and its estuaries, all springs, streams, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State or subject to its jurisdiction."

A "Wetland means a freshwater wetland pursuant to N.J.S.A. 13:9B-3, a coastal wetland pursuant to N.J.S.A. 13:9A-2 or any wetlands located within the jurisdiction of the Hackensack Meadowlands Commission pursuant to N.J.S.A. 13:17-1 et seq., or the Pinelands Commission pursuant to N.J.S.A. 13:18A-1 et seq."

All pesticides labeled for aquatic use are restricted use in New Jersey. This includes the copper products. The purchase and application of a restricted use pesticide requires certification and licensing as a pesticide applicator. An application of ANY pesticide to an aquatic site requires an Aquatic Pesticide Permit. An Aquatic Pesticide Permit shall not be required if;

1. The application is made to waters of the State which are not used as a source of potable water, and:
2. The application is made to waters of the State which have no outlet, and;
3. The application is made to waters of the State which are bounded by land wholly owned or rented, and controlled, by one person; or
4. The application is made to control mosquitoes or flies which then falls under the Pesticide Control Program's Mosquito/Fly Control Permit Program; or
5. The application is made to drainage ditches with no water flow, which are not used for any other purpose besides drainage.

NOTE: It is important to determine whether or not the body of water you intend to treat is within the Pinelands Commission's jurisdiction prior to submission of the Aquatic Pesticide Permit application. See Appendix A for a map of the NJ Pinelands and a list of Municipalities within the Pinelands Area.

a. Determine if the body of water you intend to treat is defined as a "lake", "pond", or an "aquatic site" according to the Memorandum of Agreement Between the New Jersey Pinelands Commission and the New Jersey Department of Environmental Protection, Pesticide Control Program. In the Pinelands Area, these sites are defined as follows:

1. "Lakes" and "ponds" will refer to seasonal or permanent standing bodies of water.

2. "Aquatic sites" will refer to all areas, other than lakes and ponds, which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. However, specific areas where hydrophytes are being grown as an agricultural crop shall not be considered to be aquatic sites.

b. If the body of water is defined as a "lake" or "pond" in accordance with the agreement, indicate that the body of water is within the Pinelands. Your application will automatically be sent to the Pinelands Commission for comment.

c. If the body of water is defined as an "aquatic site" in accordance with the agreement, you will need to receive a Certificate of Filing from the Pinelands Commission before submitting your Aquatic Pesticide Permit application to the Pesticide Control Program.


Part 2. Instructions for Completion of the Aquatic Pesticide Permit Application (online service)

1.   Log in to NJDEP portal at:    http://www.NJDEPonline.com/

2.   If already a “USER”:  login

3.  Go to MY WORKSPACE TAB

4.  Add the site you need to create a permit for by using the ADD FACILITIES button under MY FACILITIES/PROGRAM INTERESTS

5.  Once the facility is added, start the permit process by using the "APPLY FOR AQUATIC PESTICIDE PERMIT" link under SERVICE SELECTION. If that option isn't there - add it through the CONFIGURE SERVICES button.

6.  Follow the instructions to complete a permit.  Steps appear on the left side of the screen. 

IF NEW TO THE SITE:

  1. “Request Access to NJDEP online”,
  2. Set up a NJDEP online account within My NJ.
  3. Follow above instructions beginning with #3, to apply for an aquatic pesticide permit.

NOTE: The Responsible Applicator certifies that all the information supplied was true, that they are familiar with these instructions for completing the Aquatic Pesticide Permit Application and that they agree to do the following when the permit is approved:

A) Follow all label directions for the aquatic pesticide(s) used.

B) Be responsible for all damages which occur from this proposed treatment.

C) Abide by any further conditions as specified upon approval of this permit.

D) Provide the contracting party (person/organization requesting treatment) with pretreatment notification as specified below:

I. A copy of the approved permit.
II. Label instructions of the aquatic pesticide(s) to be used relating to contracting party for general public safety, including precautions.
III. No treatments shall be made until the contracting party has been given the opportunity to review the above information, which shall be provided by the applicator/applicator business in writing.

E) Perform the pretreatment requirements for algaecide applications as specified below:
There are many factors that can cause algaecide and/or copper and copper sulfate applications to have a severe impact on the lake environment, especially the fish. Water hardness is one of these factors. Most copper and copper sulfate product labels warn the applicator that fish toxicity can occur at labeled rates, especially in "soft or acidic waters". Applicators should be aware of the hardness of the lake water before they make an application. However, the applications do not have to be directly toxic to cause a fish kill. Dissolved oxygen levels and the amount of algae present can also be responsible. The algae population in an aquatic site produces oxygen during photosynthesis and uses oxygen during respiration. Dying algae also use oxygen during the decomposition process. When applications of algaecides kill off large portions of the algal population, not only aren't the algae producing oxygen but they are also using it in the decay process. During the evening following the application, oxygen levels can be further decreased by the respiration of the surviving algae and other aquatic plants. Levels may be decreased below the tolerance level for the fish and a kill can occur. If the applicator is aware of the algal population and the level of dissolved oxygen in the aquatic site, the applicator can take precautions in order to avoid causing a fish kill resulting from an algaecide application.

According to the EPA's Lake and Reservoir Restoration Guidance Manual, "The Secchi disk is a 20 cm plastic or metal disk that is either entirely painted white or divided into alternating painted black and white quadrants. The disk is lowered into the water, and the observer measures the depth at which it can no longer be seen. This depth is recorded and is referred to as the Secchi transparency, or Secchi depth, of the water body...The transparency is based on the transmission of light through water and is related, in part, to the natural light attenuation of the water being measured, the amount of inorganic suspended solids, and the amount of organic suspended solids (algae cells)". Low Secchi depth readings indicate that the body of water may have a high algal biomass and precautions should be taken when considering an aquatic pesticide treatment.

The following pretreatment requirements should make the applicator more aware of the algal biomass in the aquatic site and should lessen the chance of a fish kill due to oxygen depletion resulting from an algaecide treatment:

I. Take at least one Secchi depth from the middle of aquatic sites >3 acres in size, or from the deepest edge of aquatic sites < 3 acres in size, immediately prior to treatment, but at least 1 hour after sunrise and 1 hour before sunset. This is so that light reflection off the water surface does not interfere with an accurate reading. Coves or separate areas proposed for treatment require an additional reading. Secchi depth and time of day Secchi was taken shall be recorded and kept, as part of the required records of application.

II. No treatment is to be made for Secchi depths < one foot. A reading this low is an indication that the algal biomass may be too high for algaecide treatment and a fish kill may occur.

III. Treatment areas must be reduced to half their normal size for Secchi depths < two feet. While most algaecide and/or copper and copper sulfate labels already dictate this restriction, a reading between 1 and 2 feet should alert the applicator to an aquatic site that may be stressed due to a high algal biomass and caution should be taken if attempting an application.

Most copper and copper sulfate labels restrict application to 1/3 to 1/2 of the aquatic site to help prevent the reduction of aquatic organisms due to copper toxicity or oxygen depletion. Since this restriction allows for some latitude with respect to what part of the aquatic site to treat, the Pesticide Control Program has obtained and paraphrased the interpretation of this statement from the Environmental Protection Agency (EPA). The interpretation is as follows: The applicator is not permitted to treat more than ½ of the surface area of the aquatic site. An aquatic site can be treated in small segments or zones such as strips, grids, or other geometric shapes as long as there is sufficient untreated area, in close proximity, for fish or other aquatic organisms to congregate. The applicator will have to take caution to assure that there is adequate distance between treated areas to permit survival of aquatic organisms. Treating an entire half of a body of water at one time is not recommended, unless it is a very small pond. The applicator will have to ensure that the amount of product used is calculated for the water volume of each area treated.

This interpretation places a great deal of responsibility on the applicator. It relies on the applicator's expertise and their familiarity with the aquatic site to make sound judgement as to which areas to treat in order to get effectiveness without negatively impacting the environment of the aquatic site.

Dissolved oxygen readings are not a pretreatment requirement of the permit this year. However, the applicator should be aware of the dissolved oxygen levels prior to treatment in order not to cause significant harm or injury to the lake environment.

F) POSTING REQUIREMENTS - Requirements listed here should only be used as a guide to the posting regulations enforced by the NJ DEP Pesticide Control Program. Complete posting requirements explained in detail can be found in the Pesticide Control Regulations, N.J.A.C. 7:30-9.4, effective November 19, 2001.

Signs shall be posted on the shoreline of all treated water as specified below:

I. Signs must be posted prior to the start of all applications, and shall contain date and time application was completed. The signs shall remain legible and posted until the greatest time for the use of the treated water has passed according to label directions. Some products have water use restrictions but no time limit because they prohibit that use altogether. In these instances the restriction must be posted and the following used to dictate how long the posting must remain:

Pesticide Active Ingredient
Acid Blue 9, Acid Yellow 23
2,4-D
Glyphosate
Posting Must Remain:
30 days
30 days
14 days

II. Signs must be made on a minimum of 90 weight paper with letters at least 1 inch high and shall bear the following statement: "PESTICIDE TREATED WATER."

III. The signs shall also contain the brand name of pesticide products applied, date of application, and all water use restrictions pertaining to the pesticide(s) used on that date. For each water use restriction, the length of time that water use is restricted is also required. If there is a total prohibition of specific water use, that prohibition shall also be stated. If there are water use restrictions on the sign that have no time limit, such as the total prohibition of a specific water use, the signs shall remain legible and posted for 30 days. In addition, signs shall include the name and telephone number of the commercial applicator or applicator business to contact for additional information.

IV. The signs shall be posted in such a manner that they are legible from the principle and common access points to the treated site. For golf course aquatic treatment sites, signs shall be posted at the starting tees (1st and 10th). When partial aquatic site treatments are made the following dictates the distance from the treatment area that posting must extend:

Pesticide Active Ingredient
2,4-D
diquat
endothall
fluridone
glyphosate
Posting Distance Required
1/2 mile
1,000 feet
1,000 feet
1/4 mile
1/2 mile

V. The pesticide applicator/applicator business shall be responsible for posting and removal of the signs. If any part of the task is delegated to the contracting party the responsibility still lies with the pesticide applicator/applicator business.

G. Notify all users of the aquatic site, and all users of downstream water (under circumstances when movement of the pesticide may be reasonably foreseen), who likely will be impacted by the treatments, of the water use restrictions as specified on the label of the aquatic pesticide(s) used. Notification shall include, at a minimum, the following:

I. The name, address and telephone number of the applicator/applicator business;
II. The telephone number of the New Jersey Poison Information and Education System (1-800-POISON1);
III. A statement in writing that a copy of the label(s) for the Aquatic Pesticide(s) used will be available, if requested;
IV. Prior notification of the specific date of the application, shall be provided by the applicator/applicator business, if requested.

Record method of notification, contact person, and date and time notification was made.

H. Community or Areawide Notification is required as per NJAC 7:30-9.10 on aggregate treatment sites greater than 3 surface acres in size.

I. The aquatic pesticide applicator/applicator business shall keep and maintain for each application of aquatic pesticides, a record of application (Record of Actual Pesticide Treatment - Form BPO-03). These records must be submitted to the PCP-Permits Unit by November 15th of the treatment year.


Part 3. Permit Fees

The aquatic pesticide permit fee is $150.00/application. The approved permit is good for a two-year period.

1. Payment must be made by e-check or credit card. Governmental agencies at the local or county level can use the Bill Me Later option, where you will be invoiced.:

Note: If the organization requesting treatment is part of the DEP, there is no permit fee required.

2. Only one aquatic site per permit will be approved. This is necessary to prevent numerous proposals on one permit. However, a few exceptions have been made. The Pesticide Control Program reserves the right to make the final determination on whether or not multiple aquatic sites submitted on one permit follow the intent of the exceptions made below. The following multiple aquatic sites on one permit will be accepted:

a. multiple aquatic sites for one private residence owned and controlled by one person (See definition of "Person" in Document BPO-02); or
b. multiple aquatic sites for one industrial or commercial park owned and controlled by one person; or
c. multiple aquatic sites for one golf course or country club owned and controlled by one person; or
d. multiple aquatic sites for an agricultural site and being treated by the owner or owner's employees and owned and controlled by one person; or
e. multiple aquatic sites managed by one association, such as a homeowner, condominium, or lake association, owned and controlled by one person.

3. Revisions are allowed to an approved aquatic pesticide permit but are limited to three per permit. Additional revisions to a previously revised permit (3x) will be reviewed on a case by case bases. ALL revisions must be requested using the Aquatic Pesticide Permit Revision Request Form (BPO-05). No exceptions will be allowed, and no revisions will be approved for any aquatic pesticide permit without submittal of such form. At this time no revision fee will be charged.

4. No refunds of permit fees will be made.

5. Aquatic Pesticide Permits will be automatically approved through the online service once paid for, with the exception of Pinelands Area permit submittals, and permit applications submitted erroneously containing inaccurate information.

6. Permits are only approved and issued when paid in full. Payment is made directly thrrough the online service as part of the permit application process.



Part 4. Record of Actual Treatment

Record of Actual Treatment Form (BPO-03) - Excel
Record of Actual Treatment Form (BPO-06) - Excel
Instructions for Form BPO-03 - pdf

As an aquatic pesticide applicator/applicator business, you are required to maintain a record of application for each aquatic pesticide application you perform. The information requested on this form shall be submitted to the PCP Permits Unit by November 15thof the actual treatment year. Your aquatic pesticide application records should contain all information required on Form BPO-03 (Form BPO-06 for 24C sites). Your application records shall include, but are not limited to, the information you are required to maintain on the Record of Actual Treatment forms.


Part 5. Aquatic Pesticide Permit Revision Request

Revision Request Form (BPO-05) - pdf

An aquatic pesticide permit revision request form must be filled out and submitted to the PCP for review before any approval for a revision to an approved aquatic pesticide permit will be granted. Information submitted on such form shall include the name of the applicator/applicator business requesting the revision, aquatic site information (site name and #), what the revision is and the reason for such a revision. This form must be signed and dated by the responsible applicator that initially certified the aquatic pesticide permit application.

 
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