Aquatic Pesticides Permitting

INTRODUCTION

This page is intended to be a resource page, not a comprehensive and exhaustive explanation or "how-to" on navigating the TCEQ or EPA Pesticides General Permit. Here, you will find the following:

  • Links to important websites like TCEQ and EPA to review and download information
  • General guidelines for the most common types of PondMedics clients
  • What is PondMedics doing for our clients to help keep them compliant?
  • Frequently Asked Questions section for the most common topics of conversation
  • Additional permitting resources from PondMedics
IMPORTANT LINKS
TCEQ Pesticides General Permit Information Page
TCEQ Pesticides General Permit FAQ Page
TCEQ-"Am I Regulated" Page
TCEQ PGP TXG870000 (Pesticides General Permit for Texas)
TCEQ Level IA NOTICE OF INTENT (NOI) FORM
TCEQ Level IB Operator Self-Certification Form
TCEQ Level II Operator Self-Certification Form
EPA Pesticides General Permit (PMI clients whose lakes are in Oklahoma and New Mexico)
EPA Pesticides General Permit Information Page
GENERAL GUIDELINES

"Operator" definition as described in the Permit most commonly refers to "the person legally responsible for pest management activities and decisions". The term "Operator" rarely refers to a for-hire applicator.

The permit contains certain applicator requirements such as equipment operation, cleaning and calibration. Also, your aquatic for-hire applicator must be licensed with the Texas Department of Agriculture as a Commercial Aquatic Applicator. Make sure you hire reputable applicators so you can stay compliant. Because, in the end - you're the one legally responsible.

This permit does not regulate fish stocking, microbial use or other biological or mechanical means of vegetation control unless it is using an EPA-registered pesticide.

Your Operator "Level Classification" will be determined by the matrix found on page 15 of the TCEQ TXG870000. Most Operators will be classified as Level II or III. The larger entities such as Water Districts and Agencies will be considered a Level I Operator.

This permit is in effect for 5 years (ending October 30, 2016) and records should be kept onsite during this time.

HOW DOES PONDMEDICS HELP ME STAY COMPLIANT?
  • Our invoices include all application records required for Level II and Level III Operators
  • PondMedics company-owned equipment is regularly maintained, cleaned and calibrated
  • We can assist you in your post-treatment visual inspections as required in the permit
  • Your Self-Certification Form is filled out for you, reducing your administrative burden
  • We will ensure you are classified properly and help navigate you through that process
  • Occasional newsletters will be sent to you to update you with any new permit information
FAQ's (frequently asked questions)
1. Can I opt-out of this permit program?

No. This permit (whether TCEQ or EPA) is required of all individuals and entities conducting these types of pest management activities as described in the permit(s).

2. Do I have to apply for a permit to get coverage?

No. This permit is considered a "general permit" meaning if you are conducting activities described in the permit, you must abide by the permit and then you are covered. There is not an application for permit (exception - Level I Operators must submit an NOI or Notice of Intent).

3. Who is legally responsible for following the permit requirements?

The "Operator". This is defined on page 7 of the TXG870000. In summary, it's the person legally responsible for pest management activities. Meaning, you control the timing, location, method and means of pest management. For-hire applicators are not Operators unless they are acting on their own accord, without consultation with the landowner.

4. What "level" Operator am I?

Most people will be considered a Level II or III Operator unless the treatment in your Pest Management Area for Algae and Vegetation exceeds 100 surface acres and/or 200 linear miles of shoreline. When you exceed this "Annual Threshold", you are then considered a Level I Operator and must abide by the permit as such. See page 15 of the TXG870000 for more details.

5. How much is this permit? Does the permit involve fees?

If you are a Level II or III Operator, the permit requires no fees from TCEQ. If you are a Level 1A Operator the fees range from $75 to $500.

6. Visual Inspections - Are they required?

Yes. They are required during the pesticide application and post-treatment, within the effective period of the herbicide (2 days up to 2 months). These visual inspections can be performed by either the For-Hire Applicator or the Operator and do NOT need to be documented. NOTE: this information applies to Level II Operators only.

Need more help? Contact us today!

So, you've read our website, visited the website links above and studied the permit and still can't figure it out. No problem. We have you covered. Call or e-mail us and we'd be happy to answer any questions you have.

E-mail: trent@pondmedics.com

Phone: 972.334.0104