Aquatic Pesticide Permit Application and Instructions
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)
-- Fish and Wildlife (908-236-2118)
-- Land Use Regulation (609-292-0060)
-- Dam Safety and Flood Control (609-984-0859)
-- 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 please contact
Hollie Ezze at:
Phone (609) 984-6666
Fax (609) 984-6555
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.
"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;
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
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
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
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:
- “Request Access to NJDEP online”,
- Set up a NJDEP online account within My NJ.
- 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
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
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,
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
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
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:
Acid Blue 9, Acid Yellow 23
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:
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
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
IV. Prior notification of the specific date of the application,
shall be provided by the applicator/applicator business,
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
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;
|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
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
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.