Suggested Revisions by Chuck Corell 

 January 20, 2010 

1 

[Comments: “operator of pesticide discharge” should be defined as a public entity 

applying pesticides or the entity that has operational control of the area where pesticide 

discharges occur (i.e., landowner). This makes many issues easier to handle including 

who must submit a NOI, who must kept what records and where and who must develop 

and implement the PDMP. With this change in mind, I suggest the changes outlined 

below.] 

1.2.2 Operators Required to Submit a Notice of Intent (NOI). The following 

operators are required to submit a Notice of Intent to obtain coverage under 

this general permit for discharges resulting from the application of pesticides: 

- Any public entity (e.g., as identified by category code 92 in the 2007 

NAICS), and government establishments engaged in other sectors 

including but not limited to category codes 22 (Utilities) and 71 (Arts, 

Entertainment, and Recreation) in the 2007 NAICS, and

• - Any entity specifically tasked with managing property for the 

control of pests on lands not otherwise owned by said entity (e.g., 

homeowner’s association, lake association; 

• Any other entity that has reason to believe it will exceed any one of the 

following annual (i.e., calendar year) thresholds for any of the four use 

patterns covered under this general permit: 

[I left the public entities in here even though we discussed taking them out. I can see our 

League of Cities insisting that we issue them some kind of acknowledgement that they 

have coverage.] 

2.2. Integrated Pest Management (IPM) Practices. 

This Part applies to pesticide applications performed by: 

- Any public entity (e.g., as identified by category code 92 in the 2007 

NAICS), and government establishments engaged in other sectors 

including but not limited to category codes 22 (Utilities) and 71 (Arts, 

Entertainment, and Recreation) in the 2007 NAICS, and 

- Any operator who exceeds any pesticide use threshold established in Part 

1.2.2. 

[Operators who are not public entities that exceed the thresholds are big enough and use 

enough pesticides to have the capacity to prepare and implement a PDMP even if they 

have to hire someone else to do it for them. What you lose here is the permitting of the 

aggregate of many smaller applications. What you gain is a more clear application of 

who is responsible for developing and implementing the PDMP. An applicator hired only 

to properly apply the pesticide is no longer responsible for telling their customer they 

cannot do the job without completing the PDMP. In these cases, the hired applicator is 

not in a position to make decisions regarding IPM.]

Deleted: Any federal, state, or local 

government agency,¶

<#>Any public utility, including 

privately-owned, for profit utilities (i.e., 

establishment engaged in providing any 

of the following utility services: electric 

power, natural gas, steam supply, water 

supply, and sewage and stormwater 

removal);¶

Deleted: <#>Any commercial/business 

establishment, including farms or 

ranches, which are not part of a small 

business enterprise, as defined by the 

U.S. Small Business Administration in 13 

CFR 121.201, based on the enterprise’s 

average annual receipts or average 

employment of the enterprise for the 

fiscal year preceding coverage under this 

permit. This includes commercial (“forhire”) pesticide applicators that exceed 

the small business threshold described 

above; and¶

Deleted: , including any pesticide 

applicator hired by such entity

Deleted: including any pesticide 

applicator hired by such operator, but 

excluding from the calculation any 

pesticide applications covered under an 

NOI when hired by a public entity
Suggested Revisions by Chuck Corell 

 January 20, 2010 

2 

[The tracked changes below got a little messy so there is a clean version afterward] 

8.0 Recordkeeping 

8.1. All permittees are required to keep the following records: 

• A copy of this permit (an electronic copy is also acceptable) 

• A copy of all Adverse Incident Reports (See Part 6.0) 

8.2. Permittees who are required to submit a NOI pursuant to Part 1.2.2 are 

required to keep the following records at the address provided on the NOI. 

These records must be accurate and complete to demonstrate your compliance 

with the conditions of this permit: 

[on the permit]8.2.1 Permit Information

• A copy of this permit (an electronic copy is also acceptable)

• NPDES permit tracking number(s) 

8.2.2 Pesticide Application Information

• A current copy of the Pesticide Discharge Management Plan (PDMP) as 

detailed in Part 5.0

• Times and date(s) of the pest management activities specified in the 

PDMP; 

[included in PDMP] [included in PDMP] [included in PDMP] [included in 

PDMP]Locations and names of waters to which pesticides were applied (any 

8-digit HUC identifiers or map coordinates, if known); 

Dates of surveillance conducted according to Part 4, Site Monitoring and the 

results of that monitoring;

•

• When the application equipment was calibrated; 

• For mosquito control and aquatic nuisance insect control, if 

applicable, why larviciding is impractical; and [I will let others deal 

with this language]

8.2.3 Reports

• A copy of your annual reports; 

• A copy of all Adverse Incident Reports (See Part 6.0)

• 8.2.4 NOIA copy of the NOI submitted to EPA along with any 

correspondence exchanged between you and EPA specific to coverage 

under this permit; 

• A copy of the acknowledgment letter you received from the NOI 

Processing Center or eNOI system assigning your permit tracking number; 

• For operators required to submit an NOI after the date on which you were 

authorized to discharge (i.e., after commencing discharge under this 

permit, you determined you were likely to exceed an annual threshold), 

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Deleted: documentation

Deleted: any 

Deleted: These records must be 

accurate and complete to demonstrate 

your compliance with the conditions of 

this permit:

Deleted: implement IPM practices, Part 

2.2,

Deleted: <#>Pest Management Log for 

the pesticide applications you perform. 

The Pest Management Log must be 

completed and maintained to demonstrate 

your compliance with the conditions of 

this permit. You must retain a copy of 

the current Pesticide Management Log at 

the address provided on the NOI. You 

Deleted: ¶

Deleted: <#>The name(s) of the record 

Deleted: Target Pest;

Deleted: ¶

Deleted: ¶

Deleted: ¶

Deleted: ¶

Deleted: are 

Deleted: Surveillance method used;

Deleted: Any observed impacts to nonDeleted: , cleaned, and repaired, if 

Deleted: <#>Any monitoring 

Deleted: 8.3. Permittees who are 

Deleted: <#>A Pesticide Discharge 

Deleted: <#> If you are required to 

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... [6]

... [8]

... [5]

... [7]

... [3]

... [10]

... [4]

... [9]

... [12]

... [11]

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... [2]

... [1]
Suggested Revisions by Chuck Corell 

 January 20, 2010 

3 

the date on which you made the determination that you had reason to 

believe you will exceed an annual threshold during any calendar year. 

8.3. You must retain copies of records outlined in Part 8.2 for a period of at least 3 

years from the date that your coverage under this permit expires or is 

terminated. 

[Here is the clean version] 

8.0 Recordkeeping 

8.1. All permittees are required to keep the following records: 

• A copy of this permit (an electronic copy is also acceptable) 

• A copy of all Adverse Incident Reports (See Part 6.0) 

8.2. Permittees who are required to submit a NOI pursuant to Part 1.2.2 are 

required to keep the following records at the address provided on the NOI. 

These records must be accurate and complete to demonstrate your compliance 

with the conditions of this permit: 

8.2.1 Permit Information 

• A copy of this permit (an electronic copy is also acceptable) 

• NPDES permit tracking number(s) 

8.2.2 Pesticide Application Information 

• A current copy of the Pesticide Discharge Management Plan (PDMP) as 

detailed in Part 5.0 

• Times and date(s) of the pest management activities specified in the 

PDMP; 

• Locations and names of waters to which pesticides were applied (any 8-

digit HUC identifiers or map coordinates, if known); 

• Dates of surveillance conducted according to Part 4, Site Monitoring and 

the results of that monitoring; 

• When the application equipment was calibrated; 

• For mosquito control and aquatic nuisance insect control, if applicable, 

why larviciding is impractical; 

8.2.3 Reports 

• A copy of your annual reports; 

• A copy of all Adverse Incident Reports (See Part 6.0) 

8.2.4 NOI 

• A copy of the NOI submitted to EPA along with any correspondence 

exchanged between you and EPA specific to coverage under this permit; 

• A copy of the acknowledgment letter you received from the NOI 

Processing Center or eNOI system assigning your permit tracking number; 

Deleted: 5

Deleted: documentation 

Deleted: 1 

Deleted: and, if applicable, Part 8.2, 

Part 8.3 (including any modifications 

made to the PDMP during the term of this 

permit), and Part 8.4
Suggested Revisions by Chuck Corell 

 January 20, 2010 

4 

• For operators required to submit an NOI after the date on which you were 

authorized to discharge (i.e., after commencing discharge under this 

permit, you determined you were likely to exceed an annual threshold), 

the date on which you made the determination that you had reason to 

believe you will exceed an annual threshold during any calendar year. 

8.3. You must retain copies of records outlined in Part 8.2 for a period of at least 3 

years from the date that your coverage under this permit expires or is terminated. 
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Pest Management Log for the pesticide applications you perform. The Pest 

Management Log must be completed and maintained to demonstrate your 

compliance with the conditions of this permit. You must retain a copy of 

the current Pesticide Management Log at the address provided on the NOI. 

You must maintain records of the following information: 

Permittee’s name 

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The name(s) of the record keeper; 

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Pest management strategies used and what action threshold has been met; 

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Pesticide used: 

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Names and amounts of pesticides used, including EPA registration numbers; 

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Any observed impacts to non-target organisms resulting from your 

pesticide discharge as required in Part 4, Site Monitoring; 

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, cleaned, and repaired, if applicable 

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Any monitoring information required in Part 4.0. 

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8.3. Permittees who are required to develop a Pesticide Discharge Management 

Plan and required to submit an annual report must keep the following records 

at the address provided on the NOI: 

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A Pesticide Discharge Management Plan (PDMP) as detailed in Part 5.0 

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 If you are required to submit an NOI, as identified in Part 1.2.2, you are 

required to keep the following documentation at the address provided on the 

NOI: