The Nevada Pesticide Discharge permitting program was designed for electronic Notice of Intent NOI submissions. Anyone seeking coverage under general NPDES permit NVG870001 shall apply electronically – unless a waiver is requested and granted in writing by the Division.
The Clean Water Act provides that the discharge of pollutants to Waters of the United States from any point source is prohibited, unless the discharge is in compliance with an NPDES permit. NVG870001 was developed in response to a decision by the Sixth Circuit Court of Appeals (National Cotton Council, et al. v. EPA); this decision designated the application of pesticides a “point source”. This decision vacated the EPA’s 2006 policy stating that NPDES permits were not required for applications of pesticides to Waters of the U.S.; this Court’s decision also established that pesticide discharges to Waters of the U.S. requires a NPDES permit.
The federal regulations allow Nevada, a delegated State, to issue General Permits to regulate discharges of pollutants to Waters of the U.S.; General Permit NVG870001 will regulate these discharges and will be valid throughout Nevada, except on Tribal Lands. Monitoring requirements are intended to ensure there is no adverse impact to Waters of the U.S.. The court’s mandate will take effect on April 9th, 2011.
NVG870001 does not authorize discharges of pesticides or their degradates to waters already impaired by these specific pesticides or their degradates.
Nevada NPDES General Pesticide Factsheet & Permit