California Code of Regulations
Title 23 - Waters
Division 4 - Regional Water Quality Control Boards
Chapter 1 - Water Quality Control Plans, Policies, and Guidelines
Article 6 - Lahontan Region
Section 3959.5 - Waste Discharge Prohibition for Pesticides with Exemption Criteria for Aquatic Pesticide Use

Universal Citation: 23 CA Code of Regs 3959.5
Current through Register 2024 Notice Reg. No. 38, September 20, 2024

On December 7, 2011, the Regional Water Quality Control Board, Lahontan Region (Lahontan Water Board) adopted Resolution No. R6T-2011-0102, amending the Water Quality Control Plan for the Lahontan Region. The State Water Resources Control Board approved the amendment under Resolution No. 2012-0018, on May 15, 2012.

Resolution No. R6T-2011-0102 removes the former pesticide Water Quality Objective, establishes a Waste Discharge Prohibition for Pesticides and provides Exemption Criteria for the use of aquatic pesticides in certain circumstances.

This amendment to the Lahontan Water Board's Basin Plan replaces a regionwide pesticide water quality objective of non-detect, which effectively prohibits pesticides in water, with a regionwide waste discharge prohibition on discharges of pesticides with exemption criteria for aquatic pesticide application. The amendment provides the Lahontan Water Board the discretion to approve eligible aquatic pesticide applications. Eligible projects include those proposed for purposes of public health and safety and preservation of ecological integrity that satisfy exemption criteria. Examples of projects that fit into these categories include vector control, fisheries management, aquatic invasive species control and projects implemented for these purposes in response to emergency situations. The Lahontan Water Board may grant a prohibition exemption and regulate the subsequent aquatic pesticide discharge under an applicable permit, such as Waste Discharge Requirements (WDRs), a National Pollutant Discharge Elimination System (NPDES) permit, or a waiver of WDRs issued by the State or Regional Water Board.

1. New section summarizing amendments to basin plan filed 9-6-2012; amendments approved by State Water Resources Control Board Resolution No. 2012-0018 on 5-15-2012; amendments approved by OAL pursuant to Government Code section 11353 on 9-6-2012 (Register 2012, No. 36).

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