PERMIT NO: WAG – 993000 

Issuance Date: January 16, 2008 

Effective Date: February 16, 2008 

Expiration Date: February 16, 2013 

AQUATIC NOXIOUS WEED CONTROL 

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 

WASTE DISCHARGE GENERAL 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. 

Until this permit expires, is modified or revoked, Permittees that have properly obtained 

coverage by this permit are 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 

Washington State Department of Ecology 
 

January 16, 2008 
 

TABLE OF CONTENTS 

SUMMARY OF PERMIT REPORT SUBMITTALS........................................................ 1 

SPECIAL PERMIT CONDITIONS ................................................................................... 2 

S1. PERMIT COVERAGE............................................................................................. 2 

A. Activities Covered Under This Permit................................................................... 2 

B. Activities Excluded From Coverage Under This Permit ....................................... 2 

C. Geographic Area Covered...................................................................................... 3 

S2. PERMIT APPLICATION REQUIREMENTS......................................................... 3 

S3. COMPLIANCE WITH STANDARDS.................................................................... 4 

A. Temporary Modification of the Water Quality Standards.................................. 4 

B. Impaired Water Bodies....................................................................................... 4 

S4. DISCHARGE LIMITATIONS................................................................................ 5 

A. Authorized Discharges........................................................................................ 5 

B. Products Authorized for Use Under This Permit................................................ 5 

C. Experimental Use Permits................................................................................... 6 

D. Specific Restrictions on the Application of Products......................................... 6 

S5. POSTING AND NOTIFICATION REQUIREMENTS........................................... 9 

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

S6. MONITORING REQUIREMENTS....................................................................... 14 

S7. SAMPLING AND ANALYTICAL PROCEDURES ............................................ 15 

S8. IMAZAPYR RISK ASSESSMENTS .................................................................... 16 

S9. REPORTING AND RECORDKEEPING REQUIREMENTS.............................. 16 

S10. SPILL PREVENTION AND CONTROL............................................................ 18 

A. Spill Prevention................................................................................................. 18 

B. Spill Notification Requirements ....................................................................... 18 

C. Spill Cleanup Requirements ............................................................................. 18 

S11. CONDITIONAL APPROVAL FOR THE USE OF PRODUCTS NOT 

SPECIFIED IN THE CURRENT PERMIT ................................................................. 19 

A. Product Approval.............................................................................................. 19 

B. Public Notification Procedures......................................................................... 20 

C. Approval of a New Product .............................................................................. 20 

S12. APPENDICES ...................................................................................................... 21 

GENERAL CONDITIONS .............................................................................................. 22 

G1. DISCHARGE VIOLATIONS................................................................................ 22 

G2. PROPER OPERATION AND MAINTENANCE................................................. 22 

G3. RIGHT OF ENTRY............................................................................................... 22 

G4. NOTIFICATION OF CHANGE IN COVERED ACTIVITIES............................ 22 

G5. REVOCATION OF COVERAGE......................................................................... 23 

G6. GENERAL PERMIT MODIFICATION OR REVOCATION ............................. 23 

G7. REPORTING A CAUSE FOR REVOCATION OF COVERAGE....................... 24 

G8. TRANSFER OF PERMIT COVERAGE............................................................... 24 

G9. TOXIC POLLUTANTS......................................................................................... 24 

G10. OTHER REQUIREMENTS OF TITLE 40 CODE OF FEDERAL 

REGULATIONS........................................................................................................... 25 

January 16, 2008 
 

January 16, 2008 

G11. COMPLIANCE WITH OTHER LAWS AND STATUTES............................... 25 

G12. ADDITIONAL MONITORING REQUIREMENTS .......................................... 25 

G13. REMOVED SUBSTANCES ............................................................................... 25 

G14. SIGNATORY REQUIREMENTS....................................................................... 25 

G15. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER A GENERAL 

PERMIT........................................................................................................................ 26 

G16. APPEALS ............................................................................................................ 27 

G17. DUTY TO REAPPLY ......................................................................................... 27 

G18. TERMINATION OF INDIVIDUAL PERMITS ................................................. 27 

G19. TERMINATION OF COVERAGE UPON ISSUANCE OF AN INDIVIDUAL 

PERMIT........................................................................................................................ 27 

G20. ENFORCEMENT................................................................................................ 28 

G21. SEVERABILITY................................................................................................. 28 

G22. PAYMENT OF FEES.......................................................................................... 28 

APPENDIX A - DEFINITIONS AND ACRONYMS ..................................................... 29 

APPENDIX B – POSTING TEMPLATES ...................................................................... 32 
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 

S6 Annual Monitoring Report Annually February 1, 2008 

S9 Annual Treatment Reports Annually February 1, 2008 

S10 Noncompliance Notification As necessary 

G4 Permit Application for Substantive As necessary 

Changes to the Discharge 

G8 Notice of Permit Transfer As necessary 

G14 Notice of Change in Authorization As necessary 

G17 Application for Permit Renewal 1/permit cycle June 1, 2011 
 2 

SPECIAL PERMIT CONDITIONS 

S1. PERMIT COVERAGE 

This permit revokes and replaces the Aquatic Noxious Weed Control General Permit 

(WAG-993000) for any noxious or quarantine list weed control activities as specified 

in S1.A of this permit. 

A. Activities Covered Under This Permit 

This general permit shall* cover all noxious and quarantine-list weed control 

activities that discharge herbicides directly into streams or rivers, or indirectly into 

streams, rivers, estuaries, wetlands, along lake shorelines, or in other wet areas. 

This permit does not apply to the use of herbicides in lakes or ponds (this includes 

man-made and natural ponds). The Aquatic Plant and Algae Management General 

Permit covers all in-lake activities. 

Persons conducting herbicide applications shall obtain permit coverage under the 

general permit for the following noxious weed and quarantine list weed control 

activities: 

1. Into waterbodies that are contiguous with rivers or streams, or 

2. Into marine or estuarine waters, or 

3. Along the shorelines of lakes, ponds, reservoirs, rivers, streams, or 

4. In other situations as determined by Department of Ecology (Ecology). 

B. Activities Excluded From Coverage Under This Permit 

The following water bodies and activities are excluded from coverage under this 

permit: 

1. Constructed detention or retention ponds for wastewater or stormwater 

treatment or control covered by a separate individual or general NPDES or state 

permit. 

The use of herbicides on the following sites does not require coverage under any 

aquatic pesticide permits issued by Ecology: 

 

*

 Words in bold typeface are defined in Appendix A – Definitions and Acronyms. 

January 16, 2008 
 3 

2. Man-made detention or retention ponds designed specifically for wastewater or 

stormwater treatment that do not have an outlet to surface waters of the state, 

or ponds that will not discharge to other water bodies during and for two weeks 

following treatment. 

3. Upland farm ponds with no discharge to other surface waters of the state 

during and for two weeks following treatment. 

4. Any constructed water body five acres or less in surface area with no 

discharge to other surface waters of the state during and for two weeks 

following treatment. 

5. Any noxious weed activities conducted on seasonally dry land surfaces 

(including seasonally dry wetlands) as long as the active ingredient is not 

biologically active when the water returns. 

6. Any research activities when pesticides or adjuvants are being applied to water 

bodies under a state experimental use permit (sites are less than one acre). 

C. Geographic Area Covered 

The general permit covers the activities listed in S1.A throughout the state of 

Washington. The Permittee shall describe the specific areas where control activities 

will occur in more detail in the request for coverage submitted by the permittee. The 

list of noxious weeds and quarantine list weeds can be found here: 

http://www.nwcb.wa.gov/weed_list/weed_list.htm. 

S2. PERMIT APPLICATION REQUIREMENTS 

This permit covers activities outlined in S1.A being performed by government 

entities, private applicators, or non-governmental organizations. Washington State 

government entities may, in turn, contract with other government entities, nongovernmental entities or private individuals for the chemical treatment of noxious 

or quarantine list weeds. Contractors shall agree to carry out actual treatments in a 

manner that complies with the permit. Notification, monitoring, reporting, 

documentation, plans and other administrative issues can be carried out by either 

the permittee or contractor per individual agreements. 

Any government entity, private applicator, or non-governmental organization 

conducting noxious weed control shall: 

A. Submit an application for coverage [NOI] no later than 60 days prior to the planned 

discharge date. 

B. Publish twice in a local newspaper of general circulation or once in the state register a 

notice that an application for coverage has been made pursuant to Section 173-226-

130(5) WAC. The notice shall specify the last day of the 30- day public comment 

January 16, 2008 
 4 

period. 

C. Ecology will review all comments prior to making a determination on whether to 

grant permit coverage. This determination will only consider whether the applicant

meets the requirement for coverage under the general permit. 

D. Ecology will submit the final decision to the applicant in writing. If Ecology approves 

the application for coverage/modification of coverage, coverage will commence on 

the date listed on the letter. 

S3. COMPLIANCE WITH STANDARDS

A. Temporary Modification of the Water Quality Standards 

1. WAC 173-201A-410 allows short-term modification of the criteria and 

classifications established by this regulation so long as the Permittee meets certain 

conditions. This permit conditions, times, and restricts such activities in a manner 

that will minimize water quality degradation to existing and characteristic uses. 

2. This permit allows the application of products to control noxious and quarantine 

list weeds only if the permittee satisfies all the terms and conditions of this 

permit, limits the transitory water quality impact to the vicinity of the product 

application, and minimizes the time necessary to accomplish the desired aquatic 

plant management objectives. 

3. The application of products authorized by this permit shall not cause long-term 

harm to the environment. 

4. Ecology limits the short-term water quality modification to hours, days, or weeks 

for a specific pesticide application authorized under this permit. 

B. Impaired Water Bodies 

1. This condition shall apply only to submersed plant projects and parrot feather 

milfoil control. 

2. The Permittee shall not cause further impairment of any 303(d)-listed water body 

for any parameter. Phosphorus and dissolved oxygen are the parameters of 

concern. The Permittee shall consider and apply at least one of the following 

mitigation measures to prevent further impairment (outside of the confines of the 

short-term modification of water quality standards allowed under this permit): 

a. Timing of treatment (early vs. late in the season) 

January 16, 2008 
 5 

b. Chemical choice (contact vs. systemic herbicides) 

c. Limiting the area treated at any one time 

d. Mechanical removal of plants following chemical treatment 

e. Aeration 

S4. DISCHARGE LIMITATIONS

A. Authorized Discharges 

1. Beginning on the effective date of this permit and until this permit is replaced or 

revoked, the permit authorizes the Permittee to discharge aquatic herbicides, 

associated adjuvants, and spray dyes as listed in the permit application into 

surface waters of the State. 

2. Permittees shall make herbicide applications under this permit only for the 

control of state listed noxious weeds and weeds on the quarantine list that are 

found in aquatic environments. Noxious weed means those species of plants 

listed as Noxious A, B, and C by the Washington State Noxious Weed Control 

Board in accordance with 17.10 RCW. The Washington State Department of 

Agriculture (WSDA) maintains the quarantine list in accordance with 17.24 

RCW. Impacts on non-target plants should be minimized. 

3. All discharges shall comply with the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) label requirements, all applicable federal and/or state 

laws and rules, and any additional requirements as specified in this permit. 

B. Products Authorized for Use Under This Permit 

1. This permit allows application of the following listed pesticide active ingredients 

that are labeled for use on aquatic sites and any other registered pesticides after 

they are approved through Ecology’s approval process (see Section S10) if the 

permittee makes the application in compliance with all the terms and conditions 

of this permit. 

a. 2,4-D: 2,4-Dichlorophenoxyacetic acid, dimethylamine salt 

b. 2,4-D: 2,4-Dichlorophenoxyacetic acid, butoxyethyl ester 

c. Diquat: Dibromide salt of 6,7-dihydrodypyrido (1,2-a:2’,1”-c) pyrazinediium 

January 16, 2008 
 6 

January 16, 2008 

d. Endothall (e.g., Aquathol KTM): Dipotassium salt of 7-oxabicyclo[2.2.1] 

heptane-2,3dicarboxylic acid 

e. Fluridone: 1-methyl-3-phenyl-5-[3-(trifluoromethyl)phenyl]-4(1H)-pyridinone 

f. Glyphosate: N-(phosphonomethyl)glycine, isopropylamine salt 

g. Imazapyr: 2-(4,5-dihydro-4-methyl-4-(1-methyleth7yl)-5-oxo-1H-imidazol-2-

y1)-3- pyridinecarboxylic acid 

h. Triclopyr TEA: Triethylamine salt of 3,5,6-trichloro-2-pyridyloxyacetic acid 

2. This permit approves the adjuvants listed at: 

http://www.ecy.wa.gov/programs/wq/pesticides/final_pesticide_permits/registere

d_pesticides.html for use in compliance with the terms and conditions of this 

permit. 

3. This permit allows the use of spray dyes for noxious and quarantine list weed 

projects in compliance with all of the terms and conditions of this permit. 

C. Experimental Use Permits 

Permittees may apply other herbicides and adjuvants on a limited basis in the context 

of a research and development effort under the jurisdictions of the Environmental 

Protection Agency (EPA) and WSDA through the issuance of a Federal Experimental 

Use Permit. Permittees shall obtain coverage under this general permit for any 

noxious weed or quarantine list weed projects conducted under a Federal 

Experimental Use Permit. 

D. Specific Restrictions on the Application of Products 

1. In the event that a treatment is occurring in a highly populated or residential area, 

Permittees shall not apply pesticides on weekends without prior consent by the 

property owner(s). 

2. Permittees shall attempt to avoid applying pesticides on the day directly before or 

after holidays during the treatment season (i.e., Memorial Day, Fourth of July, 

Labor Day). This condition does not apply to roadside or enclosed wetland 

treatments. 

3. The Permittee shall comply with the specific application restrictions for each 

product as identified in Table 1 below. 
Table 1: Specific Restrictions on the Application of Herbicides and Algaecides for Control and Eradication ProjecNote: The Permittee shall comply with these restrictions in addition to the current federal FIFRA label requirements.

Herbicide or 

Algaecide 

Subject to 

Fish Timing 

Windows1*

Restrictions/ 

Advisories 2*

Treatment Limitations O

2, 4 – D (amine) Yes Swimming advisory

during treatment, and 24-hour post-treatment (in the treatment area) 

Not applicable Not a

2, 4 – D (ester) 

Not 

applicable 

See Other 

Specific 

Restrictions 

Swimming restrictionduring treatment, and 24-hour post-treatment (in the treatment area) 

Not applicable The 

Ester suppendayear-belowhttp:

nger/

Diquat Yes Swimming advisory 

during treatment, and 24-hour post-treatment (in the treatment area) 

The Permittee shall not treat emergent vegetation or algae. The Permittee shall not pour Diquat directly from container. 

Not a

Endothall (AquatholTM) 

Yes Swimming advisory 

during treatment, and 24-hour post-treatment (in the treatment area) 

The Permittee shall not apply within 400 ft of an outlet stream if there is an outflow. 

Not a

Fluridone No No The Permittee shall not apply directly to the 

entire littoral zone of a water body more than once per permit cycle. 

Not a

Glyphosate No No Not applicable Not aImazapyr No No Not applicable Not aTriclopyr TEA No Swimming advisory 

during treatment, and 12-hour post-treatment (in the treatment area) 

This permit prohibits aerial applications of triclopyr. The Permittee shall conduct ground water monitoring prior to any third application on a previously treated site within a three-year period (for submersed plants only) (see Appendix C). 

Not a

January 16, 2008 
January 16, 2008 

*1 The Washington Department of Fish and Wildlife (WDFW) developed the fish timing windows to protect salmon, steelhead

in the water body during pesticide applications. For this permit, no other WDFW fish timing windows apply. http://www.ecy.wa.gov/programs/wq/pesticides/final_pesticide_permits/noxious/noxious_index.html. Ecology may update Tabl

when new information becomes available. 

*2 Restrictions/Advisories: Recreational restrictions apply to swimming, boating, and water skiing. Swimming restrictions app

activities, such as swimming, wading, and water skiing. 
 9 

S5. POSTING AND NOTIFICATION REQUIREMENTS

A. Residential and Business Notice Procedures 

1. Noxious Marine Emergent (Spartina) Control 

a. The Permittee shall place a notification in the state register and on WSDA’s 

official website discussing details of where Spartina is to be treated. 

b. The Permittee shall issue a press release announcing the upcoming Spartina 

treatment season. The notification shall include the following information: 

i. Month(s) of treatment. 

ii. Common name of the water body to be treated. 

iii. Chemicals to be used. 

iv. Names and phone numbers of the WSDA permit coordinator or contact. 

v. Ecology’s twenty-four (24) hour Emergency number. 

vi. Education information on Spartina. 

2. Noxious Freshwater Emergent Weed Control in Wetlands and Along the 

Shorelines of Rivers, Lakes, Marine Waters and Other Wet Areas 

a. The Permittee shall comply with the notification procedures in this section 

anytime a portion of the treated area contains a legally publicly accessible 

area. 

b. Applicator(s) shall notify residents adjacent to the legally publicly accessible 

area prior to herbicide application. The notification may include the schedule 

for the whole season to avoid duplication. 

c. The Permittee shall provide this notification through a copy of a notification 

form, letter, flyer or personal or telephone conversation to either the property 

owner or the renter/lessee. 

d. Notification shall explain the project and explain that any treated areas will be 

flagged. 

3. Submersed, Freely-floating, and Floating Leaved Noxious Weed Control in 

Rivers and Streams

a. The Permittee shall send notices to all adjacent residences and businesses 

within 1⁄4 mile downstream and 1/4 mile across from the shoreline of the area 

planned for treatment (1/4 mile across only applies to those shorelines that are 

1/4 mile or less away from the treatment). 

January 16, 2008 
 10 

b. The Permittee need only notice those residences and businesses that are along 

the shoreline. 

c. The Permittee(s) shall complete copies of the Residential and Business Notice 

form provided by Ecology in Appendix B. 

d. When the pesticide’s label has restrictions and/or precautions for potable or 

domestic water use, irrigation use or livestock watering, the Permittee shall 

notify those who legally withdraw surface waters for such uses. 

i. This notification statement shall identify the pesticide(s) being used, the 

date(s) of expected treatment, and all water use restrictions and 

precautions, including information about who the water user can contact to 

obtain an alternate water supply during treatment. 

ii. The Permittee shall not treat an area until the Permittee has notified people 

who withdraw water and provided an alternative water supply, if requested 

by the affected water user(s). 

e. The Permittee shall notify residents and businesses 10 to 21 days prior to 

initial treatment. 

f. If the Residential and Business Notice explains the chemical application 

schedule for the whole season, and the Permittee does not significantly 

deviate from that plan, the Permittee need not provide further Residential and 

Business Notice for the rest of the season (unless a resident or business 

specifically requests further notification). 

g. The Permittee shall provide notice by mail to residences or businesses, by 

newsletter, or by handbills given directly to the residences or businesses. 

i. If the Permittee uses handbills, the Permittee shall secure the notices to the 

residences or businesses doorknob in a fashion that will hold them in place 

but will not damage property. 

ii. If the residence or business is gated or guarded by watchdogs, the 

Permittee shall secure the notice in clear view on the outside of the 

gateway or shall attach the notice to the outside of the residence in a 

fashion that will hold it in place but will not damage property. 

h. The Permittee shall maintain a copy of the newsletter or handbill and its 

distribution list for seven (7) years and shall provide a copy to Ecology 

immediately upon request. 

January 16, 2008 
 11 

B. Legal Notice Procedures – Noxious Marine Emergent (Spartina) Control 

1. For glyphosate and imazapyr application, the Permittee shall publish a notice in 

the legal notices section of a newspaper of general circulation (or nearest regional 

paper with large circulation) and/or in the State Register in each management area 

during the pending treatment season. 

2. The Permittee shall publish the legal notices at least once a month until the 

treatment season ends. This notice shall include: 

a. Month(s) of treatment. 

b. Common name of the water body to be treated. 

c. Information on how to obtain more information on chemical application sites. 

d. Chemicals to be used. 

e. Names and phone numbers of Department of Agriculture permit coordinator, 

and Ecology’s 24-hour emergency number. 

f. Education information on the targeted noxious weed. 

C. Posting Requirements

1. Noxious Marine Emergent (Spartina) Control 

a. The Permittee shall post all public areas (as identified in the Washington 

Public Shore Guide – Marine Waters) within the treatment area prior to the 

beginning of the treatment season. Signs shall face all normal access points to 

the area and shall be readable by people using the access area. 

b. The Permittee shall use good faith and reasonable effort to ensure that the 

posted signs remain in place during the treatment season. 

 

c. The Permittee shall post signs so they are secure from the normal effects of 

weather and water currents but cause minimal damage to private or public 

property. 

d. The Permittee shall post signs in English and the language, if other than 

English, commonly spoken by the community that uses the area 

e. The Permittee shall remove all signs at the end of the treatment season. 

January 16, 2008 
 12 

2. Noxious Freshwater Emergent Control 

a. The Permittee shall post signs no more than 48 hours prior to an application. 

b. If no portion of the treatment site contains a legally publicly accessible area, 

the Permittee shall post signs at normal entry points and/or gates into the 

treatment site. 

c. If a portion of the treatment area contains a publicly accessible area, the 

Permittee shall place signs within a reasonable distance of the shoreline (no 

more than 50 feet away), facing both the egress and entrance of any boat 

launch on the water body that is within 1/2 mile of that treatment site. The 

Permittee shall post signs at boat launches commonly used as put-ins and 

take-outs for small, non-trailered watercraft. 

d. The Permittee shall make a good effort to ensure that posted signs are secured 

and remain in place. 

e. The Permittee shall post signs so that they are secure from normal weather 

effects and currents, but cause little damage to public or private property. 

f. The Permittee shall remove all signs after 48 hours or at the end of the 

treatment season. If the Permittee uses biodegradable sign material, then the 

Permittee need not remove the signs. 

g. The Permittee shall post signs in English and the language, if other than 

English, commonly spoken by the community that uses the area. 

3. Submersed, Free-floating, and Floating-leaved Plants in Rivers and Streams 

a. The Permittee shall post all signs no more than 48 hours prior to the pesticide 

application. 

b. The Permittee shall make a good faith effort to ensure that the signs remain in 

place until the end of any water use restrictions plus 24 hours. 

c. The Permittee shall remove all signs at the completion of the treatment 

season. 

d. When the EPA label specifically restricts fish consumption, the Permittee 

shall ensure that any posted signs explicitly state that information. 

e. The Permittee shall post warning signs in English and the language commonly 

spoken by the community using the area. 

f. Posting Shoreline Private Property Areas 

January 16, 2008 
 13 

i. The Permittee shall post signs using the templates available in the 

appendices of this permit. 

ii. Signs must face both the shoreline and the water, and be within 25 feet of 

the shoreline. 

iii. The Permittee shall post both the property where the treatment occurs and 

the adjacent properties (with permission). The Permittee shall keep written 

documentation if a property owner refuses to allow posting on their 

property. 

iv. The Permittee shall post signs so that they are secure from normal weather 

effects and currents, but cause little damage to public or private property. 

v. The Permittee shall post properties within 400 feet of the treatment area if 

the pesticide being applied has fish consumption restrictions. 

g. Posting Shoreline Public Access Areas 

i. The Permittee shall post public access areas including: swim beaches, boat 

launches, and docks; resort community areas, privately-owned community 

access areas; and any other area where the public are intended to access the 

water. 

ii. Signs shall measure a minimum of two (2) feet by three (3) feet in size and 

be made of a durable weather-resistant material. Lettering shall be in bold 

black type with the word "WARNING" (or "CAUTION") at least two (2) 

inches high and all other words at least a one-half- (1⁄2) inch high. 

iii. The Permittee shall ensure that signs face both the water and the shore and 

be placed within 25 feet of the shoreline. Where the public access has a 

shoreline length greater than 150 feet, the Permittee shall post one sign for 

every 100 feet of shoreline. 

iv. The Permittee shall place signs so they are clearly readable by people using 

the access areas. 

 

v. The Permittee shall post signs so they are secure from the normal effects of 

weather and water currents, but cause no damage to private or public 

property. 

vi. The Permittee shall attach an 81⁄2 by 11 inch weather resistant map detailing 

the treatment areas for each herbicide used to the sign. The map shall 

identify the location(s) of the pesticide(s) used and mark the reader's 

location at the public access site.

January 16, 2008 
 14 

vii. The Permittee shall post public notice signs at all of the water body's public 

access areas within 1/4 mile downstream and across from the treatment area 

and all of the water body's public boat launches within 11⁄2 miles of the 

treatment area. 

viii. When using pesticides with swimming and/or fish consumption restrictions 

or precautions, the Permittee’s map shall include a 400 foot buffer strip 

around the treatment area(s). 

h. Posting on the Water 

i. When the pesticide to be used does not have swimming and/or fish 

consumption restrictions, the Permittee need not post buoys on the water. 

ii. When the water body is less than one acre and/or less than 200 feet from the 

treatment area to the opposite shore, the Permittee need not post buoys. 

iii. When the entire shoreline is restricted by one treatment, the Permittee need 

not use buoys. 

iv. When the pesticide has a swimming or fish restriction, the Permittee shall 

use buoys or similar devices to mark treatment area boundaries on the water. 

v. The Permittee shall attach durable weather-resistant signs to a buoy so they 

are readable from two opposing directions. 

vi. The Permittee shall position signs so they are completely out of the water. 

The Permittee shall create signs using the templates found in the appendix 

of this permit. 

vii. The Permittee shall space buoys so there is one at each approximate corner 

of the treatment area and at 100 foot intervals around the treatment area. 

The Permittee shall mark treatment areas of 100 foot diameter or less with 

one buoy in the center of the treatment or at 100 foot intervals around the 

treatment area. The Permittee shall place buoys so they form a minimum 50 

foot buffer strip around the treatment area(s).

S6. MONITORING REQUIREMENTS

A. Spartina Monitoring 

1. The Permittee shall submit an annual monitoring plan by February 1 of each year. 

2. The monitoring plan shall provide specific monitoring locations and information 

on the parameters to be measured and rationale for their selection. 

January 16, 2008 
 15 

3. The Permittee shall post all monitoring plans online after approval by Ecology. 

4. In the event that annual monitoring shows little to no adverse effects on the 

environment, no further monitoring is required. The Permittee shall request this 

monitoring exemption in writing from Ecology. 

B. Freshwater Emergent Plant Monitoring 

1. The Permittee shall submit an annual monitoring plan to Ecology prior to the start 

of each treatment season. 

2. The Permittee shall submit this plan by February 1 of each year. 

3. The monitoring plan shall provide specific monitoring locations and information 

on the parameters to be measured and rationale for their selection. 

4. The Permittee shall post all monitoring plans online after approval by Ecology. 

5. In the event that annual monitoring shows little to no adverse effects on the 

environment, no further monitoring is required. The Permittee need not monitor 

when using glyphosate or imazapyr. 

6. Adverse weather conditions, lack of daylight, and other relevant factors related to 

safety considerations may alter the timing of monitoring but shall not preclude the 

requirement that a minimum level of monitoring be performed. The Permittee 

shall have the burden of proof for establishing safety-related alterations to the 

monitoring schedule for all plans. 

S7. SAMPLING AND ANALYTICAL PROCEDURES

A. The Permittee shall use either an EPA method or one of the methods specified below 

to fulfill the monitoring requirements of this permit. EPA publishes laboratory 

analytical methods used by industries and municipalities to analyze the chemical and 

biological components of wastewater, drinking water, sediment, and other 

environmental samples that are required by EPA regulations under the authority of 

the Clean Water Act and the Safe Drinking Water Act. Most of these methods are 

published by EPA as regulations at 40 CFR Part 136 or in the latest revision of 

Standard Methods for the Examination of Water and Wastewater (APHA). 

B. The Permittee shall ensure that all monitoring data are prepared by a laboratory 

registered or accredited under the provisions of Chapter 173-50 WAC, Accreditation 

of Environmental Laboratories. 

C. Dissolved oxygen, pH, alkalinity titration, and Secchi disk sampling do not require 

accreditation for monitoring under this permit. 

January 16, 2008 
 16 

D. All dissolved oxygen and pH monitoring shall follow the protocols in “A Citizens 

Guide to Understanding and Monitoring Lakes and Streams,” found at this link: 

http://www.ecy.wa.gov/programs/wq/plants/management/joysmanual/index.html. 

E. Analyses conducted using enzyme linked immunosorbent assay (ELISA) methods 

may substitute for the requirements in S7.A. 

S8. IMAZAPYR RISK ASSESSMENTS

The Permittee shall complete additional risk assessments on imazapyr prior to the end of 

the 4th year of the permit. These risk assessments shall cover human health and the 

ecological risks of applying imazapyr in freshwater systems. 

S9. 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. Annual Monitoring Reports 

1. The Permittee shall submit monitoring results annually no later than February 

1 of the year following the completed monitoring period. 

2. The Permittee shall submit the report to Department of Ecology, Water 

Quality Program, P.O. Box 47600, Olympia, Washington 98504-7600. 

3. All laboratory results providing data for herbicide concentrations shall include 

the following information: sampling date, sample location (water body name and 

location within the water body), date of analysis, parameter name, Chemical 

Abstract Service (CAS) number, analytical method/number, method detection 

limit (MDL), laboratory practical quantitation limit (PQL), reporting units, and 

concentration detected. 

4. The Permittee shall submit monitoring reports annually whether or not 

monitoring was required. 

5. If there was no discharge during a given monitoring period, the report shall 

include that information with an explanation of why no monitoring was 

performed.

B. Annual Treatment Reports 

1. The Permittee shall keep complete application records on a report form. 

 

January 16, 2008 
 17 

2. The Permittee shall submit a summary of herbicide application records to 

Ecology no later than February 1 of each year. 

C. Records Retention 

1. The Permittee shall retain records of all monitoring information for a 

minimum of seven years. Such information shall include all calibration and 

maintenance records and all original recordings for continuous monitoring 

instrumentation, copies of all reports required by this permit, and records of all 

data used to complete the application for this permit. 

2. The Permittee shall extend this period of retention during the course of any 

unresolved litigation regarding the discharge of pollutants by the Permittee, or 

when requested by the Director of the Department of Ecology. 

D. Recording of Results 

For each measurement or sample taken, the Permittee shall record the following 

information: 

1. the date, the name of the water body and the exact location within the water 

body that the sample(s) were collected, the sampling methodology, and time of 

sampling or measurement; 

2. The name of the individual who performed the sampling or measurement; 

3. The dates the analyses were performed; 

4. The laboratory or the name of the individual who performed the analyses; 

5. The analytical techniques or methods used; and 

6. The results of all analyses. 

E. Additional Monitoring by the Permittee 

If the Permittee monitors any pollutant more frequently than required by this permit 

using test procedures specified by Condition S7.A of this permit, the Permittee shall 

include the results of this monitoring in the calculation and reporting of the data 

submitted in the Permittee's monitoring report. 

F. 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: 

January 16, 2008 
 18 

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

discharges or otherwise stop the noncompliance, and correct the problem. 

2. Immediately notify Ecology of the failure to comply at (360) 407-6938. 

3. Compliance with these requirements does not relieve the Permittee of 

responsibility to maintain continuous compliance with the terms and conditions of 

this permit or the resulting liability for failure to comply. 

S10. SPILL PREVENTION AND CONTROL 

A. Spill Prevention 

1. The Permittee shall store, handle, and use all oil, fuel, chemicals, or products 

authorized under this permit in a manner that prevents spills to waters of the state. 

2. The Permittee shall have the following materials and supplies on site during 

treatment: 

a. Appropriate Ecology telephone numbers to call in the event of a spill. 

b. Absorbent materials for cleanup, or, in the event of a dry chemical spill, the 

spill containment materials recommended in the Material Safety Data Sheet 

(MSDS) for that product. 

c. The appropriate cleanup materials for a spill of the specific products being 

applied. 

d. The Permittee shall ensure that mobile equipment that enters waters of the 

state during the treatment process is maintained to prevent leaks or spills of 

petroleum products. 

B. Spill Notification Requirements 

The Permittee shall report spills into waters of the state or on land with a potential for 

entry into waters of the state, or other significant water quality impacts to the 

appropriate Ecology Regional Office immediately after the spill takes place. The 

phone number contacts for these offices are found at: 

http://www.ecy.wa.gov/programs/spills/other/reportaspill.htm 

C. Spill Cleanup Requirements 

January 16, 2008 
 19 

1. In the event the Permittee’s actions/inactions result in the spill or leak of oil, fuel, 

chemicals, or products into waters of the state, or onto land with a potential for 

entry into waters of the state, the Permittee shall begin immediate containment 

and cleanup. 

2. The Permittee shall complete cleanup using appropriate materials as soon as 

possible. The Permittee shall ensure that cleanup take precedence over normal 

work. 

3. The Permittee shall ensure proper disposal of any spilled materials and used 

cleanup materials. 

S11. CONDITIONAL APPROVAL FOR THE USE OF PRODUCTS 

NOT SPECIFIED IN THE CURRENT PERMIT 

A. Product Approval 

This permit allows the use of active ingredients not specifically listed if all of the 

following procedures are followed: 

1. EPA and WSDA have approved the herbicide for the specific use. 

2. The Permittee shall conduct a risk assessment for each herbicide not specifically 

allowed for use under this permit to be approved by Ecology. The Permittee 

shall submit the risk assessment to Ecology for review and approval. This risk 

assessment evaluates the active ingredient, independent of the risk assessment 

performed by EPA during the registration process, and is intended to be more 

specific to Washington State concerns. The risk assessment shall: 

a. Be prepared by a qualified toxicologist. 

b. Include, at a minimum: 

i. Qualifications of the toxicologist(s) who prepared the risk assessment; 

ii. Verification that the product will meet the specified general conditions 

and prohibitions of this permit; 

iii. Information about human health effects from the product, acquired 

since the issuance of EPA’s most recent risk assessment on the active 

ingredient; 

iv. A summary and assessment of the peer-reviewed literature concerning 

the product since the issuance of EPA’s most recent risk assessment; 

January 16, 2008 
 20 

v. All available environmental and ecological information about the 

product and its environmental fate and effects; and 

vi. Mitigation measures for the use of the product; and 

vii. Be approved by Ecology. 

B. Public Notification Procedures 

1. After Ecology’s approval of the risk assessment, Ecology will conduct public 

notification in the state register and make the notification available for posting on 

Ecology’s website. The notice will provide: 

a. The chemical name and the brand name(s), 

b. The expected uses of the product, 

c. A summary of the expected environmental and human health effects, 

d. Information about how to obtain copies of the risk assessment, and 

e. Information about how to comment on the proposed use of the chemical 

within the 30-day comment period. 

2. Commentors shall submit comments during the public comment period to: 

Aquatic Pesticide Specialist 

Department of Ecology, Water Quality Program 

P.O. Box 47600 

Olympia, WA 98504-7600 

C. Approval of a New Product 

1. Herbicides 

a. Based on any additional valid scientific information provided during the 

public comment period, Ecology may either grant, condition, or deny approval 

for the use of the new product. At the conclusion of the comment period, the 

permit can be modified to allow the new herbicide to be used. 

b. Following approval, Ecology will modify this permit to condition the 

herbicide’s use. 

2. Adjuvants 

January 16, 2008 
 21 

All adjuvants shall be approved by Ecology after undergoing a review and receiving 

approval from WSDA and the completion of the SEPA process. 

S12. APPENDICES 

This permit incorporates all appendices by reference and are subject to enforcement. 

January 16, 2008 
 22 

January 16, 2008 

GENERAL CONDITIONS

G1. DISCHARGE VIOLATIONS 

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

and conditions of this general 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 facilities or systems of 

control to achieve compliance with the terms and conditions of the general 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. The permittee 

shall properly operate and maintain all application equipment to achieve compliance with 

the terms and conditions of the permit. The permittee shall not allow concentrations of 

the product(s) to exceed label or permit conditions. 

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 permittee’s premises to which an effluent source (discharge) 

occurs or in which any records are required to be kept under the terms and 

conditions of this general permit; 

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

under terms and conditions of the permit; 

C. To inspect any posting, monitoring equipment, or method of monitoring required 

in this general permit; and/or 

D. To sample any discharge of pollutants. If the sampling of influent or internal 

hatchery waters is necessary, the Permittee will be provided the opportunity to 

collect the required sample. 

G4. NOTIFICATION OF CHANGE IN COVERED ACTIVITIES 

The Permittee shall submit a Change in Activities form to Ecology when a project 

activity changes significantly.
 23 

G5. REVOCATION OF COVERAGE 

Pursuant to Chapter 43.21B RCW and Chapter 173-226 WAC, the Director of Ecology 

may require any discharger authorized by this general permit to apply for and obtain 

coverage under an individual permit or another more specific and appropriate general 

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 general permit. 

 

B. Obtaining coverage under this general 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. 

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

as listed immediately above, may request temporary coverage under this permit during 

the time an individual permit is being developed, provided the request is made within 90 

days from the time of revocation and is submitted along with a complete individual 

permit application form. 

G6. GENERAL PERMIT MODIFICATION OR REVOCATION 

General 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 general 

January 16, 2008 
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permit. 

B. When effluent limitation guidelines or standards are promulgated pursuant to the 

Federal Water Pollution Control Act or Chapter 90.48 RCW for the category of 

dischargers covered under this general permit. 

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

category of dischargers covered under this general permit is approved. 

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

environment from dischargers covered under this general 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 which 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 general permit will be required. Ecology may then 

require submission of a new Application for Coverage under this or another general 

permit or an application for an individual permit. Submission of a new application does 

not relieve the Permittee of the duty to comply with all the terms and conditions of the 

existing general permit until the new application for coverage has been approved. 

G8. TRANSFER OF PERMIT COVERAGE 

Coverage under this general permit is automatically transferred to a new Permittee if: 

A. A written signed agreement between the old and new Permittee containing a specific 

date for transfer of permit responsibility and coverage is submitted to Ecology; and 

B. Ecology does not notify the old and new Permittee of its intent to revoke coverage 

under the general permit in which case the transfer is effective on the date specified in 

the written agreement between the old and new Permittee. 

G9. TOXIC POLLUTANTS 

The Permittee shall comply with effluent standards or prohibitions established under 

Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the 

regulations that establish those standards or prohibitions, even if this permit has not yet 

been modified to incorporate the requirement. 

January 16, 2008 
 25 

G10. 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 

general permit by reference. 

G11. 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. 

G12. ADDITIONAL MONITORING REQUIREMENTS 

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

this general permit by administrative order or permit modification. 

G13. 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 resuspended 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. 

G14. SIGNATORY REQUIREMENTS 

All applications, reports, or information submitted to Ecology shall be signed and 

certified. 

A. All permit applications shall be signed by either a responsible corporate officer of at 

least the level of vice president of a corporation, a general partner of a partnership, 

the proprietor of a sole proprietorship or ranking elected official. For direct 

applications of herbicides and algaecides the application shall be signed by the 

applicator(s), except when coverage is issued to a government entity. 

B. All reports required by this permit and other information requested by Ecology shall 

be signed by a person described above or by a duly authorized representative of that 

person. A person is a duly authorized representative only if: 

January 16, 2008 
 26 

1. The authorization is made in writing by a person described above and 

submitted to Ecology. 

2. The authorization specifies either an individual or a position having 

responsibility for the overall operation of a regulated facility, such as the 

position of plant manager, superintendent, position of equivalent 

responsibility, or an individual or position having overall responsibility for 

environmental matters. (A duly authorized representative may thus be either a 

named individual or any individual occupying a named position.) 

3. For direct herbicide treatments the reports shall be signed by the permittee. 

C. Changes to authorization. If an authorization under paragraph B.2. above is no longer 

accurate because a different individual or position has responsibility for the overall 

operation of the facility, a new authorization satisfying the requirements of paragraph 

B.2. above shall be submitted to Ecology prior to or together with any reports, 

information, or applications to be signed by an authorized representative. 

D. Certification. Any person signing a document under this section shall make the 

following certification: 

“I certify under penalty of law, that this document and all attachments were 

prepared under my direction or supervision in accordance with a system designed 

to assure that qualified personnel properly gathered and evaluated the information 

submitted. Based on my inquiries of the person or persons who manage the 

system, or those persons directly responsible for gathering information, the 

information submitted is, to the best of my knowledge and belief, true, accurate 

and complete. I am aware that there are significant penalties for submitting false 

information, including the possibility of fines and imprisonment for knowing 

violations.” 

G15. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER 

A GENERAL PERMIT 

Any discharger authorized by this general permit may request to be excluded from 

coverage under this general permit by applying for an individual permit. The discharger 

shall submit to the Director of Ecology an application as described in WAC 173-220-040 

or WAC 173-216-070, whichever is applicable, with reasons supporting the request. The 

Director of Ecology shall either issue an individual permit or deny the request with a 

statement explaining the reason for the denial. 

January 16, 2008 
 27 

G16. APPEALS 

The terms and conditions of this general permit: 

A. As they apply to the appropriate class of dischargers are subject to appeal within 

thirty (30) days of issuance of this general permit in accordance with Chapter 

43.21(B) RCW and Chapter 173-226 WAC; and 

B. As they apply to an individual discharger are subject to appeal in accordance with 

Chapter 43.21(B) RCW within thirty (30) days of the effective date of coverage of 

that discharger. 

Consideration of an appeal of general permit coverage of an individual discharger is 

limited to the general permit's applicability or non-applicability to that discharger. Appeal 

of this general permit coverage of an individual discharger shall not affect any other 

individual dischargers. If the terms and conditions of this general permit are found to be 

inapplicable to any discharger(s), the matter shall be remanded to Ecology for 

consideration of issuance of an individual permit or permits. 

G17. DUTY TO REAPPLY 

Any Permittee receiving coverage for the length of this permit shall reapply for coverage 

under this general permit at least one hundred and eighty (180) days prior to the specified 

expiration date of this general permit. An expired general permit continues in force and 

effect until a new general permit is issued or until Ecology cancels it. Only those facilities 

that reapply for coverage are covered under the continued permit. 

G18. TERMINATION OF INDIVIDUAL PERMITS 

Any previously issued individual permit shall remain in effect until terminated in writing 

by Ecology, except that extension of an expired individual permit (pursuant to WAC 173-

220-180(5)) shall terminate upon coverage under this general permit. 

G19. TERMINATION OF COVERAGE UPON ISSUANCE OF AN 

INDIVIDUAL PERMIT 

When an individual permit is issued to a discharger otherwise subject to this general 

permit, the coverage under this general permit for that Permittee is terminated on the 

effective date of the individual permit. 

January 16, 2008 
 28 

G20. ENFORCEMENT 

Any violation of the terms and conditions of this general 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. 

G21. SEVERABILITY 

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

permit, or application of any provision of this general permit to any circumstance, is held 

invalid, the application of such provision to other circumstances and the remainder of this 

general permit shall not be affected thereby. 

G22. PAYMENT OF FEES 

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

Ecology per WAC 173-224. 

January 16, 2008 
 29 

APPENDIX A - DEFINITIONS AND ACRONYMS 

All definitions listed below are for use in the context of this permit only. 

303(d): Section 303(d) of the federal Clean Water Act requires states to develop a list of 

polluted water bodies every two years. For each of those water bodies, the law requires 

states to develop Total Maximum Daily Loads (TMDLs). A TMDL is the amount of 

pollutant loading that can occur in a given water body (river, marine water, wetland, 

stream, or lake) and still meet water quality standards. 

Adjuvant: An additive that enhances the effectiveness of the primary chemical (such as a 

surfactant). 

Allowed: Permitted in compliance with the terms and conditions of this permit. 

Applicant: the licensed pesticide applicator and any other entity choosing to get coverage. 

Application schedule: The proposed treatment date(s) for a specific water body during 

one treatment season. 

Constructed water body: A human-made water body in an area that is not part of a 

previously existing watercourse, such as ponds, streams, wetlands, etc. 

Eradication: Eradication is the permanent removal of all non-native, invasive aquatic 

plants of one or more species within a water body or along a shoreline. 

Detention and retention ponds: Ponds that are specifically designed and used for the 

purpose of retaining (i.e. holding) or detaining (i.e. slowing down) stormwater or waste 

water runoff for the better control of runoff to surface waters of the state. 

Direct application: This refers to the purposeful application of a pesticide into or onto 

surface waters of the state. Examples of this would include control of Eurasian 

watermilfoil, a plant that is treated through subsurface injection, or control of Fragrant 

white water lilies, a plant that grows directly on the surface of the water. 

Herbicide: Any substance or mixture of substances intended to prevent, destroy, repel, or 

mitigate any weed or other higher plant. RCW 17.21.020. 

Indirect application: The application of herbicides in a setting where there may be 

overspray onto adjacent water bodies. An example of this would be the control of 

Japanese knotweed along the shoreline of a river – the product is applied to the knotweed, 

but there may be some inadvertent overspray onto the river itself. 

January 16, 2008 
 30 

Legally publicly accessible areas: Identified legal passage to any of the public waters of 

the state, assuring that members of the public have access to and use of the public waters 

for recreational purposes. 

NOI: Notice of Intent (to apply for coverage). This is another term used to describe the 

completed application form. 

Noxious weed: A legal term (RCW 17.10) that means a non-native plant that when 

established is highly destructive, competitive, or difficult to control by cultural or 

chemical practices. 

Permittee: Any government entity, private applicator, or non-governmental organization 

conducting noxious weed control. 

Pesticide: Chapter 15.58.030 (31) "Pesticide" means, but is not limited to: 

a) Any substance or mixture of substances intended to prevent, destroy, control, 

repel, or mitigate any insect, rodent, snail, slug, fungus, weed, and any other form 

of plant or animal life or virus, except virus on or in a living person or other 

animal which is normally considered to be a pest or which the Director of 

Ecology may declare to be a pest; 

b) Any substance or mixture of substances intended to be used as a plant regulator, 

defoliant or desiccant; and 

c) Any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, 

adhesive, emulsifying agent, deflocculating agent, water modifier, or similar 

agent with or without toxic properties of its own intended to be used with any 

pesticide as an aid to the application or effect thereof, and sold in a package or 

container separate from that of the pesticide with which it is to be used. RCW 

17.21.020. 

Qualified toxicologist: A person with a Ph.D in toxicology or in a health or ecological 

science with an emphasis in toxicology, or a person with a Master’s degree in toxicology 

or a related science with an emphasis in toxicology, who is working in the field of 

toxicology. 

Recreational restriction: This restriction should be posted on all public signs and refers to 

any activities that result in direct water contact (i.e. swimming, water skiing, wading, fly 

fishing, etc) in the area that has been treated. 

Sensitive, threatened, or endangered plants: 

Sensitive: Any taxon that is vulnerable or declining and could become endangered or 

threatened in the state without active management or removal of threats. 

Threatened: Any taxon likely to become endangered in Washington within the 

foreseeable future if factors contributing to its population decline or habitat 

January 16, 2008 
 31 

degradation or loss continue. 

Endangered: Any taxon in danger of becoming extinct or extirpated from Washington 

within the foreseeable future if factors contributing to its decline continue. 

Populations of these taxa are at critically low levels or their habitats have been 

degraded or depleted to a significant degree. 

Shall: Is required. 

Shoreline: The area where water and land meet. 

Spray dyes: Colorants that are sprayed onto the targeted weed along with the herbicide. 

Spray dyes allow better targeting of herbicide sprays since treated and untreated areas are 

clearly visualized. 

Surface waters of the state: Lakes, rivers, ponds, streams, inland waters, salt waters, and 

all other surface waters and water courses within the jurisdiction of the state of 

Washington. 

Swimming advisory: An advisory required to be posted on all public signs advising 

people not to swim in the treated area for “x” number of hours after the treatment occurs. 

Swimming restriction: A restriction required to be posted on all public signs stating that 

no swimming shall take place in the treatment area for “x” number of hours after a 

pesticide application occurs. 

Treatment area: The area where pesticide is applied and the concentration is adequate to 

cause the intended effect on aquatic plants or algae. 

Upland farm pond: Private farm ponds created from upland sites that did not incorporate 

natural water bodies (WAC 173-201A-260(3)(f)). 

Wetland: Any area inundated with water sometime during the growing season, and 

identified as a wetland by a local, state, or federal agency. 

January 16, 2008 
 32 

APPENDIX B – POSTING TEMPLATES 

January 16, 2008 
 33 

CAUTION 

The aquatic herbicide 2, 4-D (2, 4-

Dichlorophenoxyacetic acid, dimethylamine salt) 

will be applied under permit near/to these waters 

on _______________ to control aquatic 

vegetation. 

It is advised that no swimming occur within the 

treated area during or for 24 hours following 

treatment. 

Applicator to put additional label restrictions or advisories here: 

Potable Water Restrictions: 

Irrigation Restrictions: 

Fishing Restrictions: 

Stock Watering Restrictions: 

For more information contact the applicator: _____________ 

Phone number: (___)_________________ 

Or the Department of Ecology at (___)_____________ 

THIS SIGN SHALL REMAIN IN PLACE SO LONG AS 

THERE ARE WATER RESTRICTIONS PLUS 24 HOURS. 

January 16, 2008 
 34 

WARNING 

The aquatic herbicide 2,4-D (2,4 

Dichlorophenoxyacetic acid, butoxyethyl ester) 

will be applied under permit near/to these waters 

on _______________ to control aquatic 

vegetation. 

Use Restrictions: No swimming in the treatment 

area during and for 24-hours following 

treatment. 

Applicator to put additional label restrictions or advisories here: 

Potable Water Restrictions: 

Irrigation Restrictions: 

Fishing Restrictions: 

Stock Watering Restrictions: 

For more information contact the applicator: ______________ Phone 

number: (___) _____________ 

Or the Department of Ecology at (___) ______________ 

THIS SIGN SHALL REMAIN IN PLACE SO LONG AS 

THERE ARE WATER RESTRICTIONS PLUS 24 HOURS. 

January 16, 2008 
 35 

CAUTION 

Diquat (Dibromide of 6, 7-dihydrodipyride (1,2-

a:2',1"-c) pyrazinediium) will be applied under 

permit near/to these waters on 

_______________ to control aquatic vegetation. 

Use advisories: It has been advised that no 

swimming occur within the treated area during or for 

24 hours following treatment. 

Applicator to put additional label restrictions or advisories here: 

Potable Water Restrictions: 

Irrigation Restrictions: 

Fishing Restrictions: 

Stock Watering Restrictions: 

For more information contact the applicator: 

_______________ 

Phone number: (___) __________ 

Or the Department of Ecology at (___) __________ 

THIS SIGN SHALL REMAIN IN PLACE SO LONG AS 

THERE ARE WATER RESTRICTIONS PLUS 24 HOURS. 

January 16, 2008 
 36 

CAUTION 

Endothall (AquatholTM) (Dipotassium salt of 7-

oxabicyclo[2.2.1]heptane-2,3-dicaboxylic acid) will 

be applied under permit near/to these waters on 

______________ to control aquatic vegetation. 

Use advisories: It has been advised that no 

swimming occur within the treated area during or for 

24 hours following treatment. 

Applicator to put additional label restrictions or advisories here: 

Potable Water Restrictions: 

Irrigation Restrictions: 

Fishing Restrictions: 

Stock Watering Restrictions: 

For more information contact the applicator: ______________ 

Phone number: (___)___________ 

Or the Department of Ecology at (___) __________ 

THIS SIGN SHALL REMAIN IN PLACE SO LONG AS 

THERE ARE WATER RESTRICTIONS PLUS 24 HOURS. 

January 16, 2008 
 37 

CAUTION 

Fluridone (1-methyl-3-phenyl-5-[3-

(trifluoromethyl) phenyl]-4(1H)- pyridinone) will 

be applied under permit near/to these waters on

____________ to control aquatic vegetation. 

There are no swimming or recreation restrictions 

or advisories when using this product. 

Applicator to put additional label restrictions or advisories here: 

Potable Water Restrictions: 

Irrigation Restrictions: 

Fishing Restrictions: 

Stock Watering Restrictions: 

For more information contact the applicator: 

______________ Phone number: (___)__________ 

Or the Department of Ecology at (___) __________ 

THIS SIGN SHALL REMAIN IN PLACE SO LONG AS 

THERE ARE WATER RESTRICTIONS PLUS 24 HOURS. 

January 16, 2008 
 38 

CAUTION 

Glyphosate (N-(phosphonomethyl) glycine, 

isopropylamine salt) will be applied under permit 

near/to these waters on ___________ to control 

aquatic vegetation. 

There are no swimming or recreation restrictions 

or advisories when using this product. 

Applicator to put additional label restrictions or advisories here: 

Potable Water Restrictions: 

Irrigation Restrictions: 

Fishing Restrictions: 

Stock Watering Restrictions: 

For more information contact the applicator: ______________ 

Phone number: (___) __________ 

Or the Department of Ecology at (___) __________ 

THIS SIGN SHALL REMAIN IN PLACE SO LONG AS 

THERE ARE WATER RESTRICTIONS PLUS 24 HOURS. 

January 16, 2008 
 39 

CAUTION 

Imazapyr (2-(4,5-dihydro-4-methyl-4-(1-methylethyl)-

5-oxo-1H-imidazol-2-y1)-3-pyridinecarboxylic acid) 

will be applied under permit near/to these waters on 

___________ to control aquatic vegetation. 

There are no swimming or recreation restrictions 

or advisories when using this product. 

Applicator to put additional label restrictions or advisories here: 

Potable Water Restrictions: 

Irrigation Restrictions: 

Fishing Restrictions: 

Stock Watering Restrictions: 

For more information contact the applicator: ______________ 

Phone number: (___) __________ 

Or the Department of Ecology at (___) __________ 

THIS SIGN SHALL REMAIN IN PLACE SO LONG AS 

THERE ARE WATER RESTRICTIONS PLUS 24 HOURS. 

January 16, 2008 
 40 

January 16, 2008 

CAUTION 

Triclopyr TEA (Triethylamine salt of 3,5,6-trichloro-2-

pyridyloxyacetic acid) will be applied under permit 

near/to these waters on _______________ to 

control aquatic vegetation. 

It has been advised that no swimming occur within 

the treated area during or for 12 hours following 

treatment. 

Applicator to put additional label restrictions or advisories here: 

Potable Water Restrictions: 

Irrigation Restrictions: 

Fishing Restrictions: 

Stock Watering Restrictions: 

For more information contact the applicator: 

__________________ Phone number: (___) _____________ 

Or the Department of Ecology at (___) __________ 

THIS SIGN SHALL REMAIN IN PLACE SO LONG AS 

THERE ARE WATER RESTRICTIONS PLUS 24 HOURS.