PERMIT NO: WA0039047 Issuance Date: June 23, 2004 

Effective Date: July 23, 2004 

Expiration Date: July 23, 2009 

INVASIVE MOTH CONTROL 

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

WASTE DISCHARGE PERMIT 

State of Washington 

Department of Ecology 

Olympia, Washington 98504-7600 

In compliance with the provisions of 

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.

Washington State Department of Agriculture 

1111 Washington Street SE 

PO Box 42560 

Olympia, WA 98504-2560 

is authorized to discharge to waters of the state in accordance with the special and general 

conditions that follow. 

________________________ 

David C. Peeler, Manager 

Water Quality Program

Department of Ecology 

 
 

 
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 Permit No. WA0039047 

TABLE OF CONTENTS 

SUMMARY OF PERMIT REPORT SUBMITTALS ......................................................3 

PERMIT COVERAGE

C1. ACTIVITIES COVERED....................................................................................................4 

C2. GEOGRAPHIC AREA COVERED....................................................................................4 

SPECIAL CONDITIONS 

S1. DISCHARGE LIMITATIONS............................................................................................4 

A. Waste Discharges.............................................................................................................4 

B. Temporary Water Quality Modification..........................................................................5

C. Restrictions for Waters Used for Livestock Watering and Irrigation..............................5

D. Listed and Endangered Plants and Animals....................................................6

S2. MINIMUM MONITORING AND REPORTING REQUIREMENTS ..............................6 

S3. REPORTING AND RECORDKEEPING REQUIREMENTS ...........................................7 

A. Pre-treatment Reports......................................................................................................7 

B. Annual Treatment Reports...............................................................................................7 

C. Records Retention............................................................................................................7 

D. Noncompliance Notification............................................................................................7 

S4. INTEGRATED PEST MANAGEMENT PLAN ................................................................8 

S5. BEST MANAGEMENT PRACTICES ...............................................................................8 

PUBLIC NOTICE PROCEDURES

A. Residential and Business Notice Procedures...................................................................9 

B. Legal Notice Procedures..................................................................................................9 

C. Posting Procedures: .......................................................................................................10 

GENERAL CONDITIONS 

Gl. DISCHARGE VIOLATIONS................................................................................................10 

G2. PROPER OPERATION AND MAINTENANCE .................................................................10 

 
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 Permit No. WA0039047 

G3. RIGHT OF ENTRY ...............................................................................................................11 

G4. NOTIFICATION OF CHANGE IN COVERED ACTIVITIES............................................11 

G5. REVOCATION OF COVERAGE.........................................................................................11 

G6. PERMIT MODIFICATION OR REVOCATION .................................................................12 

G7. REPORTING A CAUSE FOR REVOCATION OF COVERAGE.......................................12 

G8. TOXIC POLLUTANTS.........................................................................................................12 

G9. OTHER REQUIREMENTS OF TITLE 40 CODE OF FEDERAL REGULATIONS .........13 

G10. COMPLIANCE WITH OTHER LAWS AND STATUTES................................................13 

G11. ADDITIONAL MONITORING REQUIREMENTS...........................................................13 

G12. REMOVED SUBSTANCES ................................................................................................13 

G13. USE OF ACCREDITED LABORATORIES.......................................................................13 

G14. DUTY TO REAPPLY ..........................................................................................................13 

G15. ENFORCEMENT.................................................................................................................13 

G16. SEVERABILITY..................................................................................................................14 

G17. PAYMENT OF FEES...........................................................................................................14 

 
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 Permit No. WA0039047 

SUMMARY OF PERMIT REPORT SUBMITTALS

Refer to the Special and General Conditions of this permit for additional submittal 

requirements. 

Permit 

Section 

 Submittal Frequency First Submittal Date 

S3.A Pre-treatment Report For each 

treatment area 

30 days prior to 

treatment 

S3.B Monitoring Report for each treatment 

area 

Annually February 1

S3.F Noncompliance Notification As necessary 

S4.A. Integrated Pest Management Plan 

(Marine emergents only) 

Once March 1, 2005 

S4.A Integrated Pest Management Plan 

Update 

As needed March 1, 2006 

G15. Notice of Change in Authorization As necessary 

G8. Notice of Permit Transfer As necessary 

G15. Notice of Change in Authorization As necessary 

G18. Application for Permit Renewal 1/permit cycle December 15, 2006 

 
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 Permit No. WA0039047 

PERMIT COVERAGE 

C1. ACTIVITIES COVERED 

This permit authorizes discharges of insecticides into surface waters of the state of

Washington that are consistent with the terms and conditions of this permit for the purpose 

of invasive moth control. 

C2. GEOGRAPHIC AREA COVERED 

This permit covers applications of insecticides for invasive moth control to waters in the 

state of Washington. The specific areas where invasive moth control activities are covered 

are described by the pre-treatment report submitted for permission to spray or treat. 

Additional aquatic areas where invasive moths are found and require control may be treated 

and shall be reported to the Department of Ecology (Ecology). 

SPECIAL CONDITIONS

S1. DISCHARGE LIMITATIONS 

A. Waste Discharges 

All discharges and activities authorized by this permit shall be consistent with the terms 

and conditions of this permit. 

Insecticide applications under this permit shall be for the control of invasive moths on 

vegetation within and overhanging aquatic environments. Control measures must 

follow the Best Management Practices as provided in S5 to minimize impacts to nontarget organisms to the extent possible without compromising control objectives. 

Beginning on the effective date of this permit and lasting through the expiration date, 

the permittee is authorized to discharge the insecticides and associated adjuvants which 

are listed in this section into surface waters of the state subject to complying with 

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and pesticide label and in 

consideration of integrated pest management options. The permittee shall follow label 

directions and applicable state and federal laws and rules regarding pesticides. 

The discharge of any of the following pollutants more frequently than, or at a level in 

excess of, that authorized by this permit shall constitute a violation of the terms and 

conditions of this permit. Only the formulations of insecticides and adjuvants that have 

been approved by Ecology and reviewed through the state of Washington State 

Environmental Policy Act (SEPA) register shall be allowed. The insecticides meeting

this requirement are: 

 
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 Permit No. WA0039047 

• Bacillus thuringiensis var. kurstaki based pesticides 

Adjuvants that may be used for invasive moth control shall include any latex-based 

adjuvants and other registered surfactants as they are approved by Ecology and 

reviewed though the SEPA process. 

Other insecticides may be considered for use after the pesticide use is approved by EPA 

FIFRA and the SEPA process is completed. The use of additional insecticides is also 

constrained by label requirements. 

Other insecticides may be approved for use on a limited basis in the context of a 

research and development effort under the coverage of this permit and the jurisdiction 

of WSDA through the issuance of a Washington State Experimental Use Permit. All 

other conditions of this permit apply as to appropriate monitoring and public 

notification procedures. 

B. Temporary Water Quality Modification 

The application of insecticides allowed by this permit to control invasive moths are 

allowed so long as the conditions of this permit are satisfied and the transitory water 

quality impact is limited to the vicinity of the insecticide application and to the 

minimum time necessary to accomplish the desired invasive moth control objectives.

The application of insecticides authorized by this permit shall not cause long term harm 

to the environment. 

This temporary water quality modification is allowed throughout the permit term, but 

its effect shall be temporary in a specific location, although locations where it is in 

effect may be widespread throughout the state anywhere invasive moths are subject to 

control and eradication. 

 

C. Restrictions for Waters Used for Livestock Watering and Irrigation 

When an EPA label has restrictions and/or precautions for livestock watering and 

irrigation use, the applicator must notify those who withdraw surface water as their sole 

source of water for such use within a four hundred- (400) foot radius of the area to be 

treated. This statement must identify the insecticide(s) being used, the date(s) of

expected treatment, and all water use restrictions and precautions. The area cannot be 

treated until people who withdraw water have been notified and alternative water 

supply is available and provided if requested by the affected water user(s). 

 

 
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 Permit No. WA0039047 

D. Listed and Endangered Plants or Animals 

Plants or animals that are listed as rare or endangered shall not be negatively impacted 

by treatment of invasive moths. The Washington State Department of Natural 

Resources shall be consulted for rare or endangered plants and the Washington State 

Department of Fish and Wildlife shall be consulted for fish and wildlife prior to 

insecticide application when the waterbody to be treated is listed as containing rare or 

endangered species of plant or protected wildlife species. 

S2. MINIMUM MONITORING AND REPORTING REQUIREMENTS

A. Monitoring Requirements 

The permittee must monitor all pesticide application activities allowed by this permit. 

Minimum monitoring must include the following items or parameters. 

1. Information required relating to spraying 

Item or Parameter Minimum Frequency Type of 

Sample

Date and start/stop times for 

application 

Each day when spraying occurs Record 

Total acres sprayed Each day when spraying occurs Record 

Wind speed Each day when spraying occurs Record 

Location of application Each day when spraying occurs Record 

Name of applicator Each day when spraying occurs Record 

2. Monitoring required for material sprayed 

Item or Parameter Minimum Frequency Type of 

Sample

Volume of pesticide and adjuvant 

applied Each day of application Measurement 

Volume of tank mix Each day of application Estimate 

 3. Public notification information 

Prior to the initial planned application date, the permittee must submit a copy of the 

letter used to notify residents of the planned spray applications, a list of residents that

received the letter, and a copy of the newspaper notification of the planned spray 

applications to Ecology. 

4. One sampling event must be conducted per treatment season. When treatments are 

not conducted, no sampling is required. One grab sample of water must be tested for 

 
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 Permit No. WA0039047 

concentrations pesticide active ingredient before and immediately after the application 

(including indirect applications) to waters. The sampling event must be specified and 

planned in the Pre-treatment Report required under S3A. This monitoring is required 

to determine impacts on the receiving environment. 

 B. Reporting Requirements

Monitoring results must be reported on approved forms. The reporting period is annual. 

Reports must be submitted to the Department of Ecology office by the first day of 

February, the year following treatment and contain the information required by Section 

S2.A. 

Additional monitoring and reporting may be required to meet other needs. 

S3. REPORTING AND RECORDKEEPING REQUIREMENTS 

The permittee shall monitor and report in accordance with the following conditions. The 

falsification of information submitted to Ecology shall constitute a violation of the terms and 

conditions of this permit. 

 A. Pre-treatment Reports

The permittee shall submit to Ecology a report for each treatment area containing a map 

specific to treatment area, EPA labels of products proposed for use, and estimates of 

amounts to be used for each product. Pre-treatment reports will be submitted no less 

than 30 days prior to the estimated date of treatment. 

B. Annual Treatment Reports 

The permittee shall keep complete application records on a report form. A summary of 

insecticide application records shall be submitted to Ecology no later than February 1 of

each year. 

C. Records Retention 

The permittee shall retain records of all monitoring information for a minimum of five 

(5) years. Such information shall include copies of all reports required by this permit, 

and records of all data used to complete the application for this permit. This period of 

retention shall be extended during the course of any unresolved litigation regarding the 

discharge of pollutants by the permittee or when requested by the Director. 

D. Noncompliance Notification 

In the event the permittee is unable to comply with any of the terms and conditions of 

this permit due to any cause, the permittee shall: 

 
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 Permit No. WA0039047 

1. Immediately take action to stop, contain, and clean up unauthorized discharges or 

otherwise stop the noncompliance, and correct the problem. 

2. Immediately notify the Department of Ecology of the failure to comply. 

Compliance with these requirements does not relieve the permittee from responsibility 

to maintain continuous compliance with the terms and conditions of this permit or the 

resulting liability for failure to comply. 

S4. INTEGRATED PEST MANAGEMENT PLAN 

The permittee shall submit a copy to Ecology of its Integrated Pest Management (IPM) Plan 

for invasive moths no later than March 1, 2005. The IPM Plan shall be implemented in all 

invasive moth control activities subsequently conducted under this permit. The permittee 

shall consult with Ecology prior to finalization of the IPM Plan, adjust the IPM Plan in 

accordance with directions from Ecology, and resubmit the plan according to the direction 

of Ecology no later than six months after written notification of a need for adjustment from

the Ecology, whichever occurs latest. 

The permittee shall update the IPM Plan after the 2005 treatment season, if necessary, and 

submit a copy of the updated IPM plan on or before March 1, 2006. 

S5. BEST MANAGEMENT PRACTICES 

The applicator shall comply with all pesticide label instructions. When application 

conditions in this permit issued by Ecology differ from those on pesticide labels, the more 

stringent of the two requirements must be complied with. However, no condition in this 

permit or any amended Order shall reduce the requirements on the pesticide label. All 

applicable federal, state, and local laws and ordinances shall be followed. All applications 

to waters within forested areas of the state of Washington shall be made in accordance with 

provisions in RCW 79.09.060(8), as amended. 

Treatment Requirements: 

1. Mixing and application of the insecticide will be done only by an appropriately 

licensed applicator and will be done only under the supervision of a WSDA 

treatment site monitor. Spill control kits will be on site and readily available 

during all applications. 

2. A period of three days between treatments is required prior to re-treating the 

previously treated area 

3. The insecticide will be applied according to label directions and the project will 

commence at the appropriate stage of leaf and/or larval development. 

 
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 Permit No. WA0039047 

4. WSDA will consult with WA State Department of Fish and Wildlife and WA State 

Department of Natural Resources with regard to threatened, endangered, and 

candidate species on a site specific basis. When such species are found within a 

proposed treatment area, WSDA will further consult with responsible agencies. 

5. Application over surface waters not associated with vegetation will be avoided. 

Hydraulic apparatus pressures will be limited to that necessary to obtain thorough 

coverage to the tops of the tallest trees within the treatment area. 

6. Broadcast applications of insecticides shall not be made when the wind speed at 

the application site exceeds ten miles per hour. Wind speed shall be monitored 

and recorded periodically during the application of insecticide. A wind meter 

capable of detecting winds in excess of ten miles an hour shall be employed. 

7. Residents in the affected eradication area will be notified about the proposed 

treatments and given the opportunity to be placed on a notification list. 

Recommendations concerning health and welfare issues will be included in public 

outreach efforts. 

8. The applicator shall not cause recreational water use restrictions (i.e., restrictions 

on swimming or fish consumption) to occur during Memorial Day weekend, July 4 

holiday, or Labor Day weekend. 

S6. PUBLIC NOTICE PROCEDURES 

A. RESIDENTIAL AND BUSINESS NOTICE PROCEDURES

Every residential and business occupant within or abutting a proposed treatment area 

will receive a mailing explaining the project and providing agency contact information. 

B. LEGAL NOTICE PROCEDURES

The permittee shall publish a notice in the legal notices section of a local newspaper of 

general circulation (or nearest regional paper if a local paper does not exist) and/or in 

the State Register for the insecticide application in each management area during the 

pending treatments. 

These legal notices shall be published at a frequency no less than once prior to the 

application season. This notice shall include: 

• The month (s) of treatment, 

• The area to be treated, 

• Information on how locations of possible insecticide application sites can be obtained. 

• The chemicals to be used, and 

 
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 Permit No. WA0039047 

• The names and phone numbers of the WSDA permit coordinator or contact, information 

on invasive species, and Ecology’s twenty-four (24) hour emergency number. 

C. POSTING PROCEDURES: 

1. Post signs no more than one week prior to the first application. 

a. If no portion of the treatment site contains a publicly accessible area, signs shall 

be posted at normal entry points and/or gates into the treatment site. 

b. If a portion of the treatment area contains a publicly accessible area, then place 

signs within 25 feet of the shoreline facing both egress and entrance of any boat 

launch on the waterbody that is within 1/2 mile of any treatment site. Boat 

launches also include sites commonly used as put-ins and take-outs for small, 

non-trailered watercraft. Check the Washington State Parks and Recreation 

Commission publication Public Boating Facilities in Washington State, 2nd

edition, 1988, to identify public accesses. Reference copies of this publication 

are available through the Washington State Library, King County Library, 

Gonzaga University Library, and Washington State University Library. 

2. The applicator(s) shall use good faith and reasonable effort to ensure that posted 

signs are secured and remain in place. 

3. Signs shall be posted so they are secure from the normal effects of weather and water 

currents, but cause no damage to private or public property. 

4. The applicator is responsible for removal of all signs at the end of the treatment 

season. Biodegradable sign material may be used so that removal is not necessary. 

Post signs in English and the language, if other than English, commonly spoken by the 

community that uses the area. 

GENERAL CONDITIONS 

Gl. DISCHARGE VIOLATIONS 

The permittee shall be responsible at all times for continuous compliance with the terms 

and conditions of this permit. The permittee shall be responsible for compliance with any 

order, directive, or penalty issued by Ecology. 

G2. PROPER OPERATION AND MAINTENANCE 

The permittee shall at all times properly operate and maintain any systems of control to 

achieve compliance with the terms and conditions of the permit. Where design criteria 

have been established, the permittee shall not allow flows or waste loadings to exceed

approved design criteria or approved revisions thereto. 

 
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 Permit No. WA0039047 

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, at reasonable times: 

A. To enter upon the premises in which a discharge is located or in which any records are 

required to be kept under the terms and conditions of this permit; 

B. To have access to and to copy at reasonable costs, any records required to be kept under 

terms and conditions of the permit; 

C. To inspect at reasonable times any monitoring equipment or method of monitoring 

required in this permit; and/or 

D. To sample any discharge of pollutants. 

G4. NOTIFICATION OF CHANGE IN COVERED ACTIVITIES 

The permittee shall submit a new Application for Coverage to Ecology when treatment 

activities violate the terms and conditions of this permit. 

G5. REVOCATION OF COVERAGE

Pursuant to Chapter 43.21B RCW and Chapter 173-226 WAC, the director may require the 

discharger authorized by this permit to apply for and obtain coverage under another 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. 

B. Obtaining coverage under this permit by misrepresentation or failure to disclose fully 

all relevant facts. 

C. A change in any condition that requires either a temporary or permanent reduction or 

elimination of the permitted discharge. 

D. Failure or refusal of the permittee to allow entry as required in RCW 90.48.090.

E. A determination that the permitted activity endangers human health or the environment, 

or significantly contributes to water quality standards violations. 

F. Nonpayment of permit fees or penalties assessed pursuant to RCW 90.48.465 and 

Chapter 173-224 WAC. 

G. Failure of the permittee to satisfy the public notice requirements of WAC 173-226-

130(5), when applicable. 

 
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 Permit No. WA0039047 

Permittees who have their coverage revoked for cause according to WAC 173-226-240 

may request temporary coverage under this permit during the time another permit is being 

developed, provided the request is made within 90 days from the time of revocation and is 

submitted along with a complete permit application form. 

G6. PERMIT MODIFICATION OR REVOCATION 

Permits may be modified, or revoked and reissued, in accordance with the provisions of 

Chapter 43.21B RCW and Chapter 173-226 WAC. Grounds for modification or revocation 

and reissuance include, but are not limited to, the following: 

A. When a change that 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 discharger covered under this 

permit. 

C. When a water quality management plan containing requirements applicable to the 

category of discharger covered under this permit is approved. 

D. When information is obtained, which indicates that cumulative effects on the 

environment from the discharger covered under this permit are unacceptable. 

G7. REPORTING A CAUSE FOR REVOCATION OF COVERAGE 

A permittee who knows or has reason to believe that any activity has occurred or will occur 

that would constitute cause for revocation under condition G6 or 40 CFR 122.62 shall 

report such information to Ecology so that a decision can be made on whether action to 

revoke coverage under this permit will be required. 

Ecology may then require submission of a new Application for Coverage. 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. 

G8. TOXIC POLLUTANTS 

If any applicable toxic effluent standard or prohibition (including any schedule of 

compliance specified in such effluent standard or prohibition) is established under section 

307(a) of the Clean Water Act for a toxic pollutant and that standard or prohibition is more 

stringent than any limitation upon such pollutant in this permit, Ecology shall institute 

proceedings to modify or revoke and reissue this permit to conform to the new toxic 

effluent standard or prohibition. 

 
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 Permit No. WA0039047 

G9. OTHER REQUIREMENTS OF TITLE 40 CODE OF FEDERAL 

REGULATIONS 

All other applicable requirements of 40 CFR 122.41 and 122.42 are incorporated in this 

permit by reference. 

G10. COMPLIANCE WITH OTHER LAWS AND STATUTES 

Nothing in the permit shall be construed as excusing the permittee from compliance with 

any applicable federal, state, or local statutes, ordinances, or regulations. 

G11. ADDITIONAL MONITORING REQUIREMENTS 

Ecology may establish specific monitoring requirements in addition to those contained in 

this permit by administrative order or permit modification. 

G12. REMOVED SUBSTANCES 

Collected screenings, grit, solids, sludges, filter backwash, or other pollutants removed in 

the course of treatment or pollution control of wastewaters shall not be re-suspended or 

reintroduced to the final effluent stream for discharge to state waters. Such removed 

substances shall be lawfully disposed in an appropriate manner and shall comply with 

Chapter 173-303 WAC and Chapter 173-304 WAC. 

G13. USE OF ACCREDITED LABORATORIES 

When accreditation is available through Ecology’s Laboratory Accreditation Program, all 

monitoring data, except for flow, temperature, settleable solids, total residual chlorine, 

conductivity, pH, and internal process control parameters, shall be prepared by a laboratory 

registered or accredited under the provisions of, Accreditation of Environmental 

Laboratories, Chapter 173-50 WAC. Conductivity and pH shall be accredited if the 

laboratory must otherwise be registered or accredited. Soils and hazardous waste data are 

exempted from this requirement pending accreditation of laboratories for the analysis of 

these media by Ecology. 

G14. 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 

continues in force and effect until a new permit is issued or until Ecology cancels it. 

G15. ENFORCEMENT 

Any violation of the terms and conditions of this permit, the state Water Pollution Control 

Act, and the federal Clean Water Act, will be subject to the enforcement sanctions, direct 

and indirect, as provided for in WAC 173-226-250. 

 
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 Permit No. WA0039047 

G16. SEVERABILITY 

The provisions of this permit are severable, and if any provision of this permit, or 

application of any provision of this permit to any circumstance, is held invalid, the 

application of such provision to other circumstances and the remainder of this permit shall 

not be affected thereby. 

G17. PAYMENT OF FEES 

The permittee shall submit payment of fees associated with this permit as assessed by 

Ecology. Ecology may revoke this permit if the permit fees established under Chapter 173-

224 WAC are not paid.