Purpose
To develop a generic permit for pollutant discharges to surface waters of the state from the application of pesticides. On January 7, 2009, the U.S. Court of Appeals for the 6th Circuit Court, in National Cotton Council v. EPA, vacated an EPA rule that exempted pesticide applications to surface waters from the need to obtain National Pollutant Discharge Elimination System (NPDES) permits under the Clean Water Act. On June 8, 2009, the Sixth Circuit Court granted EPA a two-year stay of their mandate and established April 9, 2011 as the effective date. On June 4, 2010, the EPA published a draft NPDES General Permit (called Generic Permits or GP in Florida) for pollutant discharges from the application of pesticides that will be applicable in unauthorized states and tribal lands. Authorized states are required to have an NPDES pesticides program in place and issue permits by the April 9, 2011 court deadline. The Department of Environmental Protection (DEP) is proposing to develop and adopt a Florida GP that follows the EPA NPDES GP template but will address Florida’s specific needs.