Current through Register Vol. 48, No. 38, September 20, 2024
a) The Department shall issue or deny
issuance of the requested LOP within 45 days after receipt of a complete
application.
b) The LOP shall be
issued for a non-chemical method or the single, one-time, use of a USEPA
approved and registered aquatic herbicide to remove, destroy or limit the
growth of aquatic plants. Exception: In instances where a chemical treatment is
proposed to be at reduced application rates with a not-to-exceed dosage limit,
over multiple applications, this will be viewed as a one-time
application.
c) New applications
for a LOP will be reviewed with consideration given to the cumulative effect of
applications already approved for the body of water.
d) The Department may deny issuance of the
requested LOP if:
1) The proposed chemical is
not labeled and registered for the intended use by the USEPA;
2) The Fox Waterway Agency recommends to the
Department that a LOP not be granted;
3) The Department determines the proposed
treatment will result in a hazard to humans, animals or other non-targeted
organisms, or will not provide nuisance relief;
4) The Department determines that the
proposed treatment will result in a significant adverse effect on the body of
water or will place unreasonable restrictions on existing water uses;
5) The proposed treatment is for waters
beyond 75 feet from the shore except where approval is given by the Department
to maintain navigation channels, piers or other facilities used by
organizations or the public, including commercial facilities;
6) The Department determines that the
proposed treatment will significantly injure non-target organisms within the
treatment area or adjacent areas either directly or through habitat
destruction;
7) The proposed
treatment is in a location known to have endangered or threatened species as
determined by the Department; or
8)
The proposed chemical application is in a location identified by the Department
as a sensitive area, except when the applicant demonstrates to the satisfaction
of the Department that treatments can be conducted in a manner that will not
alter the ecological character or reduce the ecological value of the
area.
