Cal. Code Regs. tit. 23 § 3959.5
On December 7, 2011, the Regional Water Quality Control Board, Lahontan Region (Lahontan Water Board) adopted Resolution No. R6T-2011-0102, amending the Water Quality Control Plan for the Lahontan Region. The State Water Resources Control Board approved the amendment under Resolution No. 2012-0018, on May 15, 2012.
Resolution No. R6T-2011-0102 removes the former pesticide Water Quality Objective, establishes a Waste Discharge Prohibition for Pesticides and provides Exemption Criteria for the use of aquatic pesticides in certain circumstances.
This amendment to the Lahontan Water Board's Basin Plan replaces a regionwide pesticide water quality objective of non-detect, which effectively prohibits pesticides in water, with a regionwide waste discharge prohibition on discharges of pesticides with exemption criteria for aquatic pesticide application. The amendment provides the Lahontan Water Board the discretion to approve eligible aquatic pesticide applications. Eligible projects include those proposed for purposes of public health and safety and preservation of ecological integrity that satisfy exemption criteria. Examples of projects that fit into these categories include vector control, fisheries management, aquatic invasive species control and projects implemented for these purposes in response to emergency situations. The Lahontan Water Board may grant a prohibition exemption and regulate the subsequent aquatic pesticide discharge under an applicable permit, such as Waste Discharge Requirements (WDRs), a National Pollutant Discharge Elimination System (NPDES) permit, or a waiver of WDRs issued by the State or Regional Water Board.
Cal. Code Regs. Tit. 23, § 3959.5