Information Services - November 2011 Press Releases


DENR Pesticide General Permit Requirement Now Effective



DENR Pesticide General Permit Requirement Now Effective


FOR IMMEDIATE RELEASE: Thursday, November 10, 2011

FOR MORE INFORMATION: Kim Smith at (605) 773-3152


PIERRE, S.D. – The South Dakota Department of Environment and Natural Resources (DENR) permit for applying pesticides to waters of the state under the federal Clean Water Act went into effect on Oct. 31.


The federal Sixth Circuit Court of Appeals determined in 2009 that discharge permits are required for the application of pesticides to water bodies. The deadline to obtain coverage under the permit was ultimately set for Oct. 31.


Anyone who applies pesticides in or over water bodies must have a discharge permit. That includes pesticide application activities for mosquito control, weed and algae control in lakes, ditch and stream bank pest control, a declared pest emergency, and even aerial application if there are wetlands on the property. In South Dakota, EPA has delegated issuing discharge permits to DENR under the federal Clean Water Act.


“To implement this new federal mandate, DENR staff worked diligently with the state Department of Agriculture, local governments, and agriculture, ag-chemical, and pesticide applicator organizations statewide to meet the federal deadline” said DENR Secretary Steve Pirner. “We want to thank those who helped and participated in DENR’s outreach efforts as that input was crucial in helping us develop a permit that would best fit South Dakota.”


DENR completed all of the necessary steps for public notice, review, and comments to meet the deadline. Now that DENR’s permit is in effect, all pesticide applications into waters of the state are covered. There is no separate application process. Larger applicators that meet annual thresholds will need to submit annual reports to DENR.


The pesticide general permit is available on the department’s website at DENR staff will be available to provide technical assistance and ensure that applicators understand and comply with the new permit.


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