Ref-00127 40 CFR 122.28

Description:

Code of Federal Regulation adopted and incorporated into DEP Rule 62-621.300, F.A.C.

Related Rules

• 62-621.300 Permits

Related Notices

• 9661023.To develop a generic permit for pollutant discharges to surface waters of the state from the application of pesticides that is consistent with EPA’s draft General Permit, recognizes existing Florida pesticide programs, and does not adversely impact private sector business, small or large. 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 GPs 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) has developed and proposes to adopt a Florida GP that follows the EPA NPDES GP and addresses Florida’s specific needs.