PERMIT NO: WAG – 992000 

Issuance Date: March 7, 2007 

Effective Date: April 7, 2007 

Expiration Date: April 7, 2010 

AQUATIC MOSQUITO CONTROL 

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 

STATE WASTE DISCHARGE GENERAL PERMIT 

State of Washington 

Department of Ecology 

Olympia, Washington 98504-7600 

In compliance with the provisions of 

the State of Washington Water Pollution Control Law 

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 

Department of Ecology 
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TABLE OF CONTENTS 

SUMMARY OF PERMIT REPORT SUBMITTALS........................................................ 5 

SPECIAL PERMIT CONDITIONS ................................................................................... 6 

S1. PERMIT COVERAGE................................................................................................ 6 

A. Activities Covered Under This Permit...................................................................... 6 

B. Activities Excluded From Coverage Under This Permit .......................................... 6 

C. Geographic Area Covered......................................................................................... 7 

S2. PERMIT APPLICATION REQUIREMENTS............................................................ 7 

S3. COMPLIANCE WITH STANDARDS....................................................................... 7 

A. Temporary Modification of the Water Quality Standards ........................................ 7 

S4. RESTRICTIONS ON THE APPLICATION OF PRODUCTS .................................. 8 

A. Authorized Discharges............................................................................................ 8 

B. Products Authorized for Use Under This Permit.................................................... 8 

C. Experimental Use Permits..................................................................................... 10 

D. Restrictions on the Use of Certain Pesticides Under this Permit.......................... 10 

S5. PUBLIC NOTICIFICATION PROCEDURES......................................................... 11 

A. Public Notice......................................................................................................... 11 

B. Posting Requirements ........................................................................................... 11 

S6. MONITORING REQUIREMENTS.......................................................................... 11 

S7. SAMPLING AND ANALYTICAL PROCEDURES ............................................... 12 

S8. REPORTING AND RECORDKEEPING REQUIREMENTS................................. 12 

S9. BEST MANAGEMENT PRACTICES/INTEGRATED PEST MANAGEMENT .. 13 

S10. COMPLIANCE SCHEDULE ................................................................................. 15 

S11. CONDITIONAL APPROVAL FOR THE USE OF PRODUCTS NOT ............... 15 

A. Product Approval.................................................................................................. 15 

B. Public Notification Procedures ............................................................................. 16 

C. Approval of a New Product .................................................................................. 16 

S12. APPENDICES ........................................................................................................ 16 

GENERAL CONDITIONS .............................................................................................. 17 

G1. DISCHARGE VIOLATIONS................................................................................... 17 
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G2. PROPER OPERATION AND MAINTENANCE.................................................... 17 

G3. RIGHT OF ENTRY.................................................................................................. 17 

G4. NOTIFICATION OF CHANGE IN COVERED ACTIVITIES............................... 18 

G5. REVOCATION OF COVERAGE............................................................................ 18 

G6. GENERAL PERMIT MODIFICATION OR REVOCATION ................................ 19 

G7. REPORTING A CAUSE FOR REVOCATION OF COVERAGE.......................... 19 

G8. TRANSFER OF PERMIT COVERAGE.................................................................. 20 

G9. TOXIC POLLUTANTS............................................................................................ 20 

G10. OTHER REQUIREMENTS OF TITLE 40 CODE OF FEDERAL ...................... 20 

G11. COMPLIANCE WITH OTHER LAWS AND STATUTES.................................. 20 

G12. ADDITIONAL MONITORING REQUIREMENTS ............................................. 20 

G13. REMOVED SUBSTANCES .................................................................................. 21 

G14. SIGNATORY REQUIREMENTS.......................................................................... 21 

G15. REQUESTS TO BE EXCLUDED FROM COVERAGE ..................................... 22 

G16. APPEALS ............................................................................................................... 22 

G17. DUTY TO REAPPLY ............................................................................................ 23 

G18. TERMINATION OF INDIVIDUAL PERMITS .................................................... 23 

G19. TERMINATION OF COVERAGE UPON ISSUANCE ....................................... 23 

G20. ENFORCEMENT ................................................................................................... 23 

G21. SEVERABILITY.................................................................................................... 23 

G22. PAYMENT OF FEES............................................................................................. 23 

APPENDIX A - DEFINITIONS AND ACRONYMS ..................................................... 24 

APPENDIX B – STATE LISTED SPECIES RESTRICTED USE AREAS ................... 25 
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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 

 

S8 Annual Monitoring Report Annually February 1, 2008

S8 Annual Treatment Reports Annually February 1, 2008

S9 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 September 7, 2009
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SPECIAL PERMIT CONDITIONS 

S1. PERMIT COVERAGE 

This permit revokes and replaces the Aquatic Mosquito Control General Permit 

(WAG-992000). This permit does not cover the control of adult mosquitoes using 

adulticides. 

A. Activities Covered Under This Permit 

All applicants of pesticide for control of pre-adult life stages of mosquitoes shall 

obtain coverage under this permit when the activity involves the direct discharge of 

pesticides into surface waters of the state of Washington. Mosquito districts and other 

pesticide applicators shall obtain coverage under this general permit to control preadult life stages of mosquitoes when applications are planned for any of the 

following: 

1. Into water bodies that are contiguous with rivers or streams. 

2. Into navigable waters of the state. 

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

B. Activities Excluded From Coverage Under This Permit 

Applicators of pesticides need not obtain coverage under this permit for applications 

made to the following types of waterbodies: 

1. 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 are not likely to discharge during or for two weeks after treatment. 

2. Any constructed water body*

 five acres or less in surface area with no discharge 

to other surface waters of the state during or for two weeks following treatment. 

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

4. Water bodies when the applicant conducts research covered under a state 

experimental use permit (less than one acre in size). 

 

*

 Words in bold typeface are defined in Appendix A – Definitions and Acronyms 
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C. Geographic Area Covered 

This general permit covers aquatic mosquito control activities anywhere in the state 

of Washington. 

S2. PERMIT APPLICATION REQUIREMENTS 

A. Existing Permittees, existing mosquito control districts, and applicators with current 

mosquito control programs requesting coverage shall notify Ecology by submitting a 

completed application for coverage no later than 180 days prior to the expiration of 

the current permit. 

B. New Permittees, mosquito control districts, and applicators that propose to begin 

activities that will result in a discharge or potential discharge to waters of the state on 

or after the effective date of this general permit shall: 

1. Notify Ecology by submitting a completed notice of intent [NOI] form at least 60 

days prior to the planned activity that will result in the discharge to waters of the 

state. 

2. Publish two times, each one week apart, in a local newspaper of general 

circulation a notice that an application for coverage has been made pursuant to 

Section 173-226-130(5) WAC. 

a. This notice shall specify that a thirty-day comment period exists prior to the 

issuance of permit coverage. 

b. At the end of the thirty-day comment period, Ecology will review all 

comments received prior to making a determination on whether to grant 

permit coverage. 

c. Ecology intends to notify new applicants by mail of their status concerning 

coverage under this permit. If the applicant does not receive notification of the 

coverage decision from Ecology, coverage under this permit will commence 

on the 61st day following Ecology's acceptance of a completed application 

form.

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 certain conditions are met. 

Such activities must be conditioned, timed and restricted in a manner that will 

minimize water quality degradation to existing and characteristic uses. 
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2. This permit allows the application of products to control mosquito larvae only so 

long as the applicant meets all the terms and conditions of this permit, and the 

transitory water quality impact is limited to the vicinity of the product application 

and limited to the minimum time necessary to accomplish the desired aquatic 

mosquito control objectives. 

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

harm to the environment. 

4. The Permittee shall ensure that the short-term water quality modification is 

limited to hours, days, or weeks for a specific pesticide application authorized 

under this permit. In the event that multiple treatments occur over the life of the 

permit, the total time of the short-term modification for all treatments shall not 

exceed one year. 

S4. RESTRICTIONS ON THE APPLICATION OF PRODUCTS 

A. Authorized Discharges 

1. The Permittee shall ensure that all discharges and activities authorized by this 

permit are consistent with the terms and conditions of this permit. 

2. The Permittee shall apply pesticide under this permit only for the control of preadult mosquitoes. 

3. Beginning on the effective date of this permit, the permittee is authorized to 

discharge the aquatic pesticides that are listed in this permit into surface waters of 

the state, subject to compliance with the Federal Insecticide, Fungicide, 

Rodenticide Act (FIFRA) and the Washington Pesticide Control Act, and in 

consideration of integrated pest management options. 

4. Ecology may order temporary suspension of permit conditions, with agreement of 

a state or local health officer, to protect public health. 

B. Products Authorized for Use Under This Permit 

1. This permit allows application of the following listed pesticides that are labeled 

for use on aquatic sites and any other registered pesticides after they are approved 

through Ecology’s approval process (see Section S11) if the Permittee applies the 

pesticide in compliance with all the terms and conditions of this permit: 

a. Bacillus sphaericus (H-5a5b) 
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b. Bacillus thuringiensis israelensis (Bti) 

c. Methoprene 

d. Monomolecular surface films 

e. Paraffinic white mineral oil. Paraffinic white mineral oil shall not be used in 

waters of the state unless: 

i. The Department of Health declares the mosquito problem a public health 

risk; or 

ii. The other control agents would be or are known to be ineffective at a 

specific treatment site and the water body is non-fish-bearing (consult 

Washington State Department of Fish and Wildlife). 

2. The Permittee shall not apply temephos in lakes, streams, in the littoral zone of 

water bodies, or on state-listed species sites listed in Appendix B of this permit. 

The permit allows the use of temephos only: 

a. In highly polluted water (i.e., tire piles), or 

b. In waters with high organic content (i.e., manure holding ponds and pastures) 

with no surface water runoff, or 

c. In response to the development of pesticide resistance or ineffectiveness 

within a population of mosquitoes, as a result of consultation between 

Ecology and the Department of Agriculture (WSDA). 

i. If a permittee applies temephos to areas draining to surface waters, then 

the permittee shall monitor for persistence and residues. 

ii. The Permittee shall rotate the use of temephos with one or more of the 

approved alternatives with a different mode of action to minimize the 

development of resistance. 

d. In response to the development of a human health emergency as determined 

by the Washington State Department of Health (DOH) and after consultation 

between Ecology and DOH. 

3. The Permittee may only apply malathion after consultation between Ecology and 

DOH and in response to the development of a human health emergency as 

determined by DOH. 
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C. Experimental Use Permits 

1. The Permittee may apply other pesticides 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. 

2. Persons shall seek and obtain coverage under this general permit for any 

mosquito control projects conducted under a Federal Experimental Use Permit. 

3. For projects of one acre or less in size, the applicant shall obtain coverage under a 

State Experimental Use Permit and coverage under this general permit is not 

required. 

D. Restrictions on the Use of Certain Pesticides Under this Permit 

1. This permit restricts the use of methoprene, monomolecular surface film, 

Paraffinic white mineral oil, malathion, and temephos in the areas identified by 

the Washington Department of Fish and Wildlife (WDFW) in Appendix B of this 

permit. 

2. The Permittee shall not apply methoprene, monomolecular surface film, 

Paraffinic white mineral oil, malathion, and temephos in the areas identified in 

Appendix B unless local and state health authorities discover and acknowledge a 

public health threat and issue an emergency health declaration. 

3. If an emergency health declaration is issued, the following things must occur: 

a. Permittees shall consult with WDFW (Regional Wildlife Program Manager) 

during annual pre-control season planning. 

b. Permittees shall consult with WDFW during the control season when 

anticipating restricted pesticide use in these areas to affirm/update areas and 

define any areas of highest sensitivity. 

c. Permittees shall use Best Management Practices to minimize potential 

impacts and unnecessary applications of restricted use pesticides into water 

in restricted areas. (e.g. control to the extent possible with Bti and Bs before 

using restricted products, apply drift control methods, minimize application 

rates, use backpack application techniques when feasible, etc.) 
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S5. PUBLIC NOTICIFICATION PROCEDURES 

A. Public Notice 

1. For expected applications of pesticides that have a water-use restriction 

(currently applies only to malathion, temephos, and Paraffinic white mineral oil), 

the Permittee shall publish a public notice in a local newspaper of general 

circulation (or nearest regional paper if a local newspaper does not exist). 

2. The Permittee shall publish the public notice at least ten days prior to the first 

pesticide application of the season. This notice shall include: 

a. The pesticide(s) to be used and its active ingredient(s). 

b. The approximate date range of treatment. 

c. The approximate location(s) to be treated. 

d. The water use restrictions or precautions. 

e. The posting procedure. 

f. The names and telephone numbers of the applicator and the appropriate 

Ecology regional office. 

3. The Permittee’s notification to the public regarding mosquito control activities 

shall continue throughout the treatment season if pesticide applications occur. 

After the initial newspaper notice, notification may include a method other than 

notices in the newspaper, such as website posting or mailings. 

B. Posting Requirements 

1. The Permittee shall post notices at all reasonable points of ingress and egress to 

the treatment areas when applying insecticides with water use restrictions to 

water bodies that are used for water supply, fish and shellfish harvesting, or water 

contact activities. 

2. The Permittee need not post notices at sites that are not directly accessible to the 

public (i.e., catch basins, storm drains, utility and transportation vaults, etc.).

S6. MONITORING REQUIREMENTS 

A. The Permittee shall meet the permit monitoring requirements by submitting complete 

larvicide application quantities as required in S8.B. 
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B. If the Permittee chooses to monitor for efficacy or concentration, the Permittee shall 

follow sampling procedures outlined in S7. 

S7. SAMPLING AND ANALYTICAL PROCEDURES 

A. 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). 

The Permittee shall use an EPA method when conducting monitoring in compliance 

with this permit. 

B. With the exception of dipping, the Permittee shall ensure that all applicable 

monitoring data be prepared by a laboratory registered or accredited under the 

provisions of Chapter 173-50 WAC, Accreditation of Environmental Laboratories. 

Larvicide efficacy testing, larvae count research and analyses, and other related 

research are not considered monitoring for the purposes of this permit. 

S8. REPORTING AND RECORDKEEPING REQUIREMENTS 

The Permittee shall submit pesticide application information in accordance with the 

following conditions. The falsification of information submitted to Ecology shall 

constitute a violation of the terms and conditions of the permit. 

A. Annual Report 

1. The Permittee shall submit reports summarizing pesticide applications by 

February 1st of each year. 

2. These reports shall include: 

a. The name of the location treated (i.e., Sammamish Golf Club, City of Tacoma 

storm drain system, etc.). 

b. The chemical name, and 

c. The amount applied. 

3. The Permittee shall sum the amount of each product applied at each site, 

identified location or system. 
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4. The Permittee shall submit this report electronically through Ecology’s online 

data management system. 

B. Dip Records 

1. For those treatments requiring dip samples to be taken, the Permittee shall record 

the: 

a. Date and place dipping occurred; 

b. The individual or contracted firm that performed the sampling or 

measurement; and 

c. The larvae counts of the dip sample. 

2. The Permittee need not submit this information as part of the annual report, but 

shall make the information available upon request by Ecology. 

S9. BEST MANAGEMENT PRACTICES/INTEGRATED PEST MANAGEMENT 

A. Planning Options 

1. The Permittee shall implement either: Ecology’s Best Management Practices 

(BMP) document (Ecology publication #03-10-023), or an Integrated Pest 

Management Plan (IPMP) that has been approved by Ecology (See compliance 

schedule in S10). The IPMP may include a decision tree outlining control options 

based on site and infestation conditions. 

2. In the IPMP, the Permittee shall specify pesticides that are effective in controlling 

the mosquito population and have the least adverse impacts to non-target species, 

except: 

a. In response to documented development of resistance, 

b. In cases of effectiveness, or 

c. In a declared public health emergency. 

3. The IPMP shall evaluate the approved list of pesticide-based control identified in 

S4.B.1, 2, and 3. 

4. If developing an individual IPM plan, the Permittee shall consult with appropriate 

local, state, and federal agencies as necessary. 
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B. Open Accessible Areas 

1. The Permittee shall not apply pesticide to open accessible areas unless the 

Permittee meets one of the following conditions: 

a. Surveillance of a potential application site indicates that at least one 

larvae/pupae is present in one of three dips; 

b. The Permittee has developed and obtained Ecology approval of a sampling 

protocol for large sites prior to treatment; or 

c. The application site is located either in or adjacent to a county in which 

mosquito, bird, animal, or human mosquito-borne disease cases are confirmed 

within the current treatment season. 

2. In the event that larvae are found in an open accessible areas and the area is 

treated, the Permittee may continue larvicide treatments preemptively without 

dipping for the remainder of the treatment season. 

C. Water Supply, Conveyance, Drainage, or other Restricted Access Systems

The Permittee shall not apply pesticides to regional water supply, conveyance, 

drainage, or other restricted access systems, unless one of the following occurs: 

1. The Permittee has conducted representative sampling in the area and the 

sampling results indicate the presence of mosquito larvae; 

2. The Permittee has developed and obtained Ecology approval of a sampling 

protocol for large sites prior to treatment or; 

3. The application site is located either in or adjacent to a county in which mosquito, 

bird, animal, or human mosquito-borne disease cases are confirmed within the 

current treatment season or; 

4. The treatment site is a catch basin, storm drain, utility or transportation vault, or 

5. A public health emergency is declared by local and state health authorities. 

D. Spill Cleanup Requirements

The Permittee shall immediately report all pesticide spills to state and local 

authorities, and immediately cease treatment at the spill location until the spill is 

contained and cleanup has occurred. 
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S10. COMPLIANCE SCHEDULE 

A. The Permittee shall submit a copy of their developed IPMP (if this option is chosen) 

no later than February 1, 2008. 

B. The Permittee shall implement the IPMP for all aquatic pest control activities. 

C. If Ecology comments on the IPMP, the Permittee shall resubmit the IPMP with 

changes within six months of the receipt of comments. 

D. If Ecology requires the Permittee to resubmit the IPMP, and the planned treatment 

season has started, the Permittee may conduct treatments during the review period. 

S11. CONDITIONAL APPROVAL FOR THE USE OF PRODUCTS NOT 

SPECIFIED IN THE CURRENT PERMIT 

A. Product Approval 

This permit allows the use of products not specifically listed in S4.B if the Permittee 

ensures that all of the following procedures are met prior to use: 

1. Pesticides shall be approved for the specific use by EPA and/or WSDA. 

2. Pesticides not specifically allowed for use under this permit shall undergo a risk 

assessment process prior to approval from Ecology. This risk assessment is an 

evaluation of the product, 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 developed after 

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; 
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v. All available environmental and ecological information about the product 

and its environmental fate and effects; 

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

c. The Permittee shall submit the risk assessment and obtain Ecology’s approval 

prior to use of the product. 

B. Public Notification Procedures 

After Ecology’s approval of a risk assessment, Ecology will conduct public 

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

Ecology’s website. The notice shall provide: 

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

2. The expected uses of the product, 

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

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

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

the 30-day comment period. 

6. Comments submitted during this process should be submitted 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. 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. 

2. Following approval, Ecology will modify this permit to condition the product’s 

use. 

S12. APPENDICES 

The appendices are incorporated by reference into this permit and are subject to 

enforcement. 
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GENERAL CONDITIONS 

G1. DISCHARGE VIOLATIONS 

The Permittee shall 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 or sponsor’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 be kept 

under terms and conditions of the permit; 

C. To inspect any postings, 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. 
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G4. NOTIFICATION OF CHANGE IN COVERED ACTIVITIES 

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

activity changes significantly from what is currently listed on the permittees’ 

application. 

G5. REVOCATION OF COVERAGE 

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

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. 
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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. 

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. 
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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 

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. 

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 

government entities, permit applications shall be signed by a manager or director, 

or their designee. 

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: 

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 aquatic pesticide applications, the reports may be signed by either the 

sponsor or the applicator(s). 

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. 
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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 an application as described in WAC 

173-220-040 or WAC 173-216-070, whichever is applicable, with reasons 

supporting the request. The Director shall either issue an individual permit or deny 

the request with a statement explaining the reason for the denial. 

G16. APPEALS 

A. The terms and conditions of this general permit, as they apply to the appropriate class 

of dischargers, are subject to appeal by any person within 30 days of issuance of this 

general permit, in accordance with Chapter 43.21B RCW, and Chapter 173-226 

WAC. 

B. The terms and conditions of this general permit, as they apply to an individual 

discharger, are appealable in accordance with Chapter 43.21B RCW within 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 nonapplicability to that individual discharger. 

 

C. The appeal of general permit coverage of an individual discharger does not affect any 

other dischargers covered under this general permit. If the terms and conditions of 

this general permit are found to be inapplicable to any individual discharger(s), the 

matter shall be remanded to Ecology for consideration of issuance of an individual 

permit or permits. 
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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. 

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. 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. 
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APPENDIX A - DEFINITIONS AND ACRONYMS 

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

Adjacent: Something or someplace near, but not necessarily right next to something else. 

Applicant: The licensed pesticide applicator or any entity choosing to apply for permit 

coverage. 

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. 

Date range: A specific series of dates that anticipates the months of planned treatment. 

This is a planned range-it can be exceeded if public health concerns arise. 

Dipping: The act of scooping up a small amount of water and examining it for the 

presence/absence of mosquito larvae.

Open accessible areas: Areas that are easily accessible by the public (e.g. wetlands, 

ponds, lakes, etc.) 

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. 

Representative sampling: In a large treatment area, the sites selected within that area 

that provide statistical significance (as determined by a statistician). 

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

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

Water supply, conveyance, drainage, or other restricted access systems: Restricted 

access areas that are accessible only through manholes or other means. Not readily 

accessible to the public (e.g. water, electrical or transportation vaults, storm drains, 

catch basins, etc.) 

 

Water-use restriction: This refers to any product labeled for restricted water use 

immediately after treatment (currently applies only to malathion, temephos, and 

Paraffinic white mineral oil). 
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APPENDIX B – STATE LISTED SPECIES RESTRICTED 

USE AREAS 

Criteria Used for the Restrictions 

The criteria WDFW used for denoting species as vulnerable were: 

1) State species of concern (i.e., listed as state endangered, threatened, sensitive, or candidate). 

2) Current range and distribution of the species was highly localized. 

3) The species inhabited freshwater wetlands during most of the mosquito control treatment 

period. 

Six species initially met those criteria: northern leopard frog (Rana pipiens), Oregon spotted frog (Rana 

pretiosa), western toad (Bufo boreas), western pond turtle (Clemmys marmorata), American white 

pelican (Pelecanus erythrorhynchos), and one butterfly, the Yuma skipper (Ochlodes yuma). 

WDFW identified areas occupied by the two extant populations of northern leopard frog; two extant 

western Washington populations of Oregon spotted frog; western toad breeding ponds (for western 

Washington only); the three remaining western pond turtle populations; the single American white 

pelican breeding colony; and the one known Washington Yuma skipper population. 

Based on the review of published literature, expert advice, and the vulnerability of these rare and 

endangered animals and their freshwater invertebrate food resources WDFW requested that if mosquito 

control is deemed necessary in the areas WDFW described in April 2003, that it be restricted to the use 

of Bacillus products. 

Aerial Applications 

An exception to the WDFW request regarding the use of certain larvicides was made for the single 

American white pelican breeding colony. The colony resides on islands and along the shores of the 

Columbia River, south of the confluence of the Snake River, in Walla and Benton counties. While biochemicals such as methoprene were not of concern for the pelican breeding colony, the method of aerial 

application was believed to be unacceptably disturbing for their successful breeding. It was agreed that 

aerial applications would not be made on the pelican breeding areas, whereas less obtrusive methods of 

mosquito control were acceptable near these sites. 

Discussions among several WDFW biologists found that aerial applications of larvicides disturbed work 

being done in a few wildlife refuge areas around the state. It was therefore agreed that operators making 

aerial applications over wildlife refuges should notify the appropriate regional WDFW office of their 

scheduled aerial applications at least 24 hours prior to spraying. The notification can be made by phone 

or fax. 

Area of Impact 

Only a few populations of northern leopard frog, Oregon spotted frog, western toad, western pond turtle, 

and Yuma skipper remain in Washington. The total area occupied by these species in rivers, lakes, 

ponds, and wetlands is tiny, comprising of portions of 117 sections (<0.18% of Washington State). The 

areas identified for northern leopard frog (36 Sections) and western pond turtle (13 Sections) are owned 
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or managed by WDFW. The Permittee shall take a prudent, risk-adverse with vulnerable threatened and 

endangered species. 

The following areas are restricted to the use of Bacillus thuringiensis israelensis (Bti) and Bacillus 

sphaericus (H-5a5b) an emergency health declaration is issued: 

1) Grant County, north of Moses Lake, within the Crab Creek watershed: T21N R27E 

Sections 1, 12, and 13; T21N R28E Sections 7, 17, 18, 19, 28, 29, 30, 31, 32, and 33. 

2) Grant County, south and west of Moses Lake and south of Interstate-90, the northern 

portion of the Potholes: T19N R27E Sections 33, 34, 35, and 36; T19N R28E 

Sections 31 and 32, 29, 30; T18N R27E Sections 1, 2, 3, 4, 8, 9, 10, 11, 12, 13, 14, 15, 

and 

16, 17; T18N R28E Sections 5, 6, 7, 8, 17, and 18. 

3) Grant County, area within and near the Sun Lakes – Dry Falls State Park wetlands: 

T24N R27E and 28E. 

4) Kitsap County: lakes, ponds, and wetlands located in T22N R1W Sections 1, 2, 10, 11, 

and 12. 

5) Klickitat County, west of the Klickitat River, all waters in T3N R12E Sections 28, 29, 

32, and 33. 

6) Mason County, on the Kitsap Peninsula: lakes, ponds, and wetlands located in T23N 

R2W Sections 11, 12, 13, 14, 15, 22, and 23. 

7) Pierce and Kitsap counties, Carney Lake, located in T22N R1W. 

8) Pierce, Thurston, and Lewis counties, within the Nisqually River watershed: Alder 

Lake (or Alder Lake Reservoir), located in townships: T15N R4E and 5E. 

9) Pierce County, south of Tacoma, Chambers Creek and associated waters in T20N 

R2E Sections 26 and 27. 

10) Skamania County, east of Carson, all waters in T3N R8E Sections 23, 24, 25, 26, and 

36; T3N R9E Sections 30 and 31. 

11) Thurston County, west of Yelm: lakes, ponds, and wetlands located in T17N R1E 

Sections 8, 9, 16, and 21. 

12) Thurston County, south of Olympia and east of Interstate-5, within the Black River 

watershed, the Beaver Creek drainage, located in T16N R2W Sections 9, 10, 11, and 
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12; T16N R1W Section 7. 

13) Thurston County, south of Olympia and west of Interstate-5, within the Black River 

watershed: Black River proper from south of Black Lake to the Chehalis 

Riverconfluence, and the following tributaries, Stony Creek, Dempsey Creek, 

SalmonCreek, and Blooms Ditch. Legal description as follows for these sensitive 

areas: T17N R3W Sections 10, 11, 12, 13, 14, 15, 23, 24, 25, 35, and 36; T17N R2W 

Sections 7, 18, 19, and 30; T16N R3W Sections 2, 11, 14, 19, 20, 21, 22, 23, 30, 

and31; T16N R4W Sections 25, 26, 27, 31, 32, 33, 34, 35, and 36.