Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 800 - Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters › Section 9VAC25-800-60 - General permit

Current through Register Vol. 40, No. 24, July 15, 2024
Any operator who is authorized to discharge shall comply with
				  the requirements contained in this general permit and be subject to all
				  requirements of
				  9VAC25-31-170.
General Permit No.: VAG87
Effective Date: March 1, 2019
Expiration Date: February 29, 2024
GENERAL PERMIT FOR DISCHARGES RESULTING FROM THE APPLICATION
				  OF PESTICIDES TO SURFACE WATERS OF VIRGINIA
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT
				  DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW In
				  compliance with the provisions of the Clean Water Act (33 USC §
										1251 et seq.), as amended, and pursuant to
				  the State Water Control Law and regulations adopted pursuant thereto, operators
				  that apply pesticides that result in a discharge to surface waters are
				  authorized to discharge to surface waters within the boundaries of the
				  Commonwealth of Virginia.
The authorized discharge shall be in accordance with this
				  cover page, Part I-Effluent Limitations, Monitoring Requirements, and Special
				  Conditions, and Part II-Conditions Applicable to All VPDES Permits, as set
				  forth in this general permit. Coverage under this VPDES general permit does not
				  relieve any operator of the responsibility to comply with any other applicable
				  federal, state, or local statute, ordinance, or regulation, including the
				  pesticide product label.
A. Effluent
				limitations.
1. Technology-based effluent
				limitations. To meet the effluent limitations in this permit, the operator
				shall implement pest management measures that minimize discharges of pesticides
				to surface waters.
a. Minimize pesticide
				discharges to surface waters. All operators who perform the application of
				pesticides or who have day-to-day control of applications shall minimize the
				discharge of pollutants resulting from the application of pesticides, and:
(1) Use the lowest effective amount of
				pesticide product per application and optimum frequency of pesticide
				applications necessary to control the target pest, consistent with reducing the
				potential for development of pest resistance without exceeding the maximum
				allowable rate of the product label;
(2) No person shall apply, dispense, or use
				any pesticide in or through any equipment or application apparatus unless the
				equipment or apparatus is in sound mechanical condition and capable of
				satisfactory operation. All pesticide application equipment shall be properly
				equipped to dispense the proper amount of material. All pesticide mixing,
				storage, or holding tanks, whether on application equipment or not, shall be
				leak proof. All spray distribution systems shall be leak proof, and any pumps
				that these systems may have shall be capable of operating at sufficient
				pressure to assure a uniform and adequate rate of pesticide
				application;
(3) All pesticide
				application equipment shall be equipped with cut-off valves and discharge
				orifices to enable the operator to pass over nontarget areas without
				contaminating them. All hoses, pumps, or other equipment used to fill pesticide
				handling, storage, or application equipment shall be fitted with an effective
				valve or device to prevent backflow into water supply systems, streams, lakes,
				other sources of water, or other materials. However, these backflow devices or
				valves are not required for separate water storage tanks used to fill pesticide
				application equipment by gravity systems when the fill spout, tube, or pipe is
				not allowed to contact or fall below the water level of the application
				equipment being filled, and no other possible means of establishing a back
				siphon or backflow exists; and
(4)
				Assess weather conditions (e.g., temperature, precipitation, and wind speed) in
				the treatment area to ensure application is consistent with product label
				requirements.