Kootenai
Aquatic Sciences
 Surface Water Management Without the use of Aquatic Herbicides

 

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The use of herbicides and algaecides (pesticides) in urban lakes and water features is likely over with. As you may read below, a recent court decision ruled that EPS's interpretation of the Clean Water Act was unlawful.
On January 7, 2009, the Sixth Court of Appeals ruled that the U.S. Environmental Protection Agency’s (EPA) exemption of pesticides that are applied in accordance with the Federal Insecticide and Rodenticide Act (FIFRA) from the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) permit requirements is unlawful.

This ruling stipulates that EPA must now require any proposed application of herbicides or biocides applied directly to water for the purpose of eradicating aquatic weeds or algae be reviewed by EPA and the applicator apply for an NPDES permit. Prior to the application of any aquatic herbicide, algaecide or biocide the applicator must contact EPA and apply for an NPDES permit. This process is quite lengthy and expensive. Part of EPA's review and NPDES application of the specific application of herbicides is an analysis and assessment of downstream waters.

Surface water maintenance practices of urban waterways were redefined during the period of time when modern herbicides and biocides were invented, produced and distributed.

Prior to our ability to simply apply a man made chemical that would eradicate all unwanted biological life there was an understanding that a water body's water quality possessed a direct relationship to the quality of water or debris entering it.

Reasonable and effective maintenance practices for the management of urban waters existed prior to the dominance of the new herbicide and biocide application methods. Although they seldom have been the preferred maintenance strategies in recent years they can be the strategies employed under the new regulations.

The same court that ruled against EPA provided a 2 year grace period for EPA to review it's policies and format a new permit called a 'General Permit'. EPA is in the process of doing just that. These new policies will address the runoff from agricultural uses of herbicides but this still leaves the policy of direct herbicide applications for the specific purpose of eradication of aquatic plants and algae.

We feel it very unlikely that these practices will survive and again be allowed.

We can help provide you a new maintenance and management plan.

 

 

 Kootenai Aquatic Sciences provides:

  • Lake Management Plans that eliminate herbicide and algaecide use

  • Watershed (whether urban or rural) analysis so that you may understand what has been causing the growth of weeds and algae.

  • Review of potential vendors capable of managing your lakes or water features

  • Landscape maintenance plans that minimize delivery of nitrogen and phosphorus into your lakes or water features.

  • Maintenance procedures that produce clear water without chemicals.

  • Many additional services

Contact us today to obtain specific options and pricing.