J OHN E LIAS B ALDACCI
G OVERNOR S TATE OF M AINE

D EPARTMENT OF A GRICULTURE , F OOD AND R URAL R ESOURCES

B OARD OF P ESTICIDES C ONTROL
28 S TATE H OUSE S TATION
A UGUSTA , M AINE 04333-0028 S ETH H. B RADSTREET III

C OMMISSIONER

H ENRY J ENNINGS

D IRECTOR



### Disclosure Statement Regarding The Application of Aquatic Herbicides (including Pond Dyes)

The Maine Board of Pesticides Control (BPC) and the Maine Department of Environmental Protection (DEP) have requested that pesticide dealers present this statement to all persons who purchase an herbicide that is labeled for use in surface waters. The two agencies want to ensure that every purchaser is clearly awa re of the restrictions on aquatic herbicides (including pond dyes) as outlined below.

Permits Required for “Waters of the State” The DEP requires anyone applying any pesticide to “ Waters of the State” to first obtain a Maine Waste Discharge License (WDL). Maine statutes define “Wat ers of the State” as:

“...any and all surface and subsurface waters that ar e contained within, flow through, or under or border upon this State or any portion of the State, including the marginal and high seas, except such waters as are confined and retained completely upon the property of one person and do not drain into o r connect with any other waters of the State, but not excluding waters susceptible to use in interstate or foreign commerce, or whose use, degradation or dest ruction would affect interstate or foreign

commerce.”

This means that only private ponds contained entire ly on a single property and without an inlet or out let can be treated without a permit.

Purchase and Application of Aquatic Herbicides Persons wishing to purchase and apply an aquatic he rbicide—except for the pond dyes listed below—must first obtain a pesticide applicator’s license from the BP C. Best Management Practices (BMPs) have been developed that must be followed by those planning to treat private ponds with any a quatic herbicide (including pond dyes)—

see “Best Management Practices for The Application of Aquatic Herbicides in Private Ponds”

below.

Purchase and Application of Certain Pond Dyes Persons wishing to purchase and apply pond dyes suc h as Aquashade, Admiral or Pondmaster Blue (contain ing the active ingredients erioglaucine [Acid Blue 9] a nd tartrazine [Acid Yellow 23]) are exempt from app licator licensing requirements. However, while these produc ts are exempt from licensing requirements, the requ irement for obtaining a WDL still applies, if applicable ( see “Waters of the State” definition above ).

Purchasers should be aware that the State has a pol icy of minimizing reliance on pesticides and that h erbicides used to control common aquatic weeds may have adver se effects on the environment. Purchasers are there fore encouraged to learn more about aquatic weed identif ication and nonchemical control measures by visitin g http://www.state.me.us/dep/blwq/topic/invasives/ind ex.htm

.

Information on invasive aquatic plants, permits and aquatic herbicides may also be obtained by contact ing the DEP at 207-287-3901. Information on pesticide appli cator licensing may be obtained from the BPC at 207 -287- 2731 or go to http://www.thinkfirstspraylast.org/cert/questions.h tm

.

### Best Management Practices for The Application of Aquatic Herbicides in Private Ponds Effective: June 15, 2007

Common algae and plants can thrive in private Maine ponds when ideal conditions are provided. Ample sunlight, fertilizers and nutrients from surroundin g areas and—especially for algae—groundwater rechar ge can hasten growth, creating a nuisance that compromises recreation, aesthetics and other pond uses.

Pond owners faced with algae or plant infestation m ay consider using products, namely pesticides, whic h claim to control these species. Maine laws place conditio ns on how these products may or may not be used bec ause of the risks they pose to human health, as well as to nearby streams, wetlands, lakes or groundwater that are legally regarded as “Waters of the State.”

Pesticides that claim to kill or control vegetation in water—algae and other aquatic plants— are called aquatic

herbicides . Pond dyes or colorants are aquatic herbicides tha t prevent algae and weed development by limiting light and restricting photosynthesis.

Generally, aquatic herbicides, other pesticides or any pollutant may not be discharged into any water of the state

without a WDL from the DEP.

Further, the BPC restricts the sale and application of aquatic herbicides to BPC-licensed applicators. Initially this restriction also included pond dyes.

In March 2007, the BPC relaxed regulations affectin g the sale and use of pond dyes only if used within a private pond contained on one person’s property. While BPC sale and use restrictions for other aquatic herbici des and DEP discharge licensing requirements remain in forc e, the private pond owner may now purchase and use BPCregistered pond dye products for private pond use

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The rationale for easing rules on pond dye purchase and use is that these products are able to meet al gae and plant control needs of private pond owners while po sing minor risk to Maine’s aquatic habitats

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Minor risk, however, is not the same as zero risk. Pond dye products can have biological and other environmental consequences in the event they escape from the pond and move into waters of the state. T he DEP prohibits the discharge of any material to waters o f the state that change the color, clarity, chemist ry or temperature of the receiving waters without a WDL.

Therefore, application of pond dye products must be conducted in a manner that demonstrates the highes t standards of conduct, namely in accordance with the BMPs.

The following BMPs must be followed by both license d and unlicensed pond dye users. Licensed pesticide applicators certified for aquatic vegetation contro l who intend to treat private ponds with any aquati c herbicide

must also follow these BMPs. While close attention to these BMPs will prevent an illegal discharge in most cases, good judgment should always prevail.

### Maine BMPs for Use of Aquatic Herbicides In Private Ponds for Control of Algae and Other Aquatic Plants

• Aquatic herbicides and pond dyes may be used without a WDL only under the following conditions:

o Use of aquatic herbicides and pond dyes must not re sult in a discharge to groundwater or surface waters of the state (such as ponds, lakes, wetlands , streams and rivers).

o Aquatic herbicides and pond dyes may only be used i n private ponds contained wholly on a single property.

o Aquatic herbicides and pond dyes may only be used i n ponds that have no outflow while these products are active.

o Aquatic herbicides and pond dyes may only be applie d after any seasonal high water outflow has

ceased.

o Aquatic herbicides and pond dyes may only be used i n ponds that generally have a seasonal high

water outflow if:

 there is no defined channel exiting the pond such a s a drainage swale or a mineral bottom channel;

 there is no year-round surface water body (such as lakes, ponds, streams and rivers) within 100 feet down gradient of the pond;

 any seasonal outflow does not occur as channeled fl ow, but occurs only across a dense vegetated area at least 50 feet in length, as measu red along the gradient.

o Aquatic herbicides and pond dyes may only be applie d during the months of May, June, July and August.

o Aquatic herbicides and pond dyes may only be applie d after spring runoff and when the water

level has stabilized or has been drawn down at leas t 6 inches below the point of discharge.

o Aquatic herbicides and pond dyes should not be appl ied when weather forecasts predict significant rainfall during the five-day forecast p eriod following application.

o Aquatic herbicides and pond dyes must be applied at the minimum effective rate and in

accordance with label instructions.

For more information, contact the following:

Robert Stratton Bureau of Land and Water Quality Maine Department of Environmental Protection State House Station 17, Augusta, ME 04333 tel.: 800-452-1942, e-mail: robert.d.stratton@maine.gov

Henry Jennings

Maine Board of Pesticides Control State House Station 28, Augusta, ME 04333 tel.: 287-2731, e-mail: henry.jennings@maine.gov

John Jemison University of Maine Cooperative Extension Water Qua lity Office 495 College Avenue, Orono, ME 04473 tel.: 800-870-0270, e-mail: jjemison@umext.maine.edu