AQUATIC PESTICIDE APPLICATION PERMIT
N.J.A.C. 7:30-9.3 is the regulation that mandates
Pesticide Permit for most applications of pesticides
to any "waters of the State" or on aquatic sites. To determine
if a permit is necessary, for the type of application you intend
to make, read the following:
According to the Pesticide Control Code N.J.A.C.
"Aquatic pesticide means any pesticide that contains labeling
instructions indicating that the pesticide is intended for use
on aquatic sites, except for those uses listed below. If a pesticide
label contains both exempted and non-exempted aquatic uses,
the pesticide shall still be considered an aquatic pesticide
for the purposes of this chapter:
1. Pesticides labeled only for flushing down
toilets or to be directly applied to water or sewer pipes,
for use in controlling tree roots inside those pipes;
2. Pesticides labeled only for use in cooling towers,
3. Pesticides labeled only as algaecides for use in swimming
pools, hot tubs, ornamental ponds, fountains, fish tanks,
or water beds. These sites are an artificial, self-contained
water with no inlet from or outlet to "natural"
water and with label statements prohibiting such discharge;
4. Algaecides labeled only for use in water treatment plants,
wastewater treatment plants or sewerage treatment plants.
5. All "Aquatic Pesticides" are considered restricted
use in New Jersey.
An "aquatic site means those areas
meeting the definition of waters of the state or wetland."
"Water or waters of the State means the ocean
and its estuaries, all springs, streams, and bodies of surface
or ground water, whether natural or artificial, within the boundaries
of the State or subject to its jurisdiction."
A "Wetland means a freshwater wetland
pursuant to N.J.S.A. 13:9B-3, a coastal wetland pursuant to
N.J.S.A. 13:9A-2 or any wetlands located within the jurisdiction
of the Hackensack Meadowlands Commission pursuant to N.J.S.A.
13:17-1 et seq., or the Pinelands Commission pursuant to N.J.S.A.
13:18A-1 et seq."
All pesticides labeled for aquatic use are restricted
use in New Jersey. This includes the copper products. The purchase
and application of a restricted use pesticide requires certification
and licensing as a pesticide applicator. An application of ANY
pesticide to an aquatic site requires an Aquatic Pesticide Permit.
An Aquatic Pesticide Permit shall not be required if;
1. The application is made to waters of the
State which are not used as a source of potable water, and:
2. The application is made to waters of the State which have
no outlet, and;
3. The application is made to waters of the State which are
bounded by land wholly owned or rented, and controlled, by
one person; or
4. The application is made to control
mosquitoes or flies which then falls under the Pesticide Control
Program's Mosquito/Fly Control Permit Program; or
5. The application is made to drainage ditches with no water
flow, which are not used for any other purpose besides drainage.
If you need an Aquatic Pesticide Permit, complete
the application form and required sketch entirely, using the
following instructions and submit to the address indicated on
the last page.
NOTE: It is important to determine whether
or not the body of water you intend to treat is within the Pinelands
Commission's jurisdiction (Pineland
Pinelands Map) prior to submission of the Aquatic Pesticide
If the body of water you intend to treat is
not within the Pinelands Commission's jurisdiction, skip a,
b, and c below. If it is within their jurisdiction you must
follow steps a, b and c.
a. Determine if the body of water you intend
to treat is defined as a "lake", "pond",
or an "aquatic site" according to the Memorandum
of Agreement Between the New Jersey Pinelands Commission and
the New Jersey Department of Environmental Protection, Pesticide
Control Program. In the Pinelands Area, these sites are defined
1. "Lakes" and "ponds"
will refer to seasonal or permanent standing bodies of water.
2. "Aquatic sites" will refer to
all areas, other than lakes and ponds, which are inundated
or saturated by water at a magnitude, duration and frequency
sufficient to support the growth of hydrophytes. However,
specific areas where hydrophytes are being grown as an agricultural
crop shall not be considered to be aquatic sites.
b. If the body of water is defined as a "lake"
or "pond" in accordance with the agreement, attach
a note to your application indicating that the body of water
is within the Pinelands, skip c. below and follow the rest
of the instructions for completing the Aquatic Pesticide Permit
form. Your application will be sent to the Pinelands Commission
by the Pesticide Control Program for comment. If you do not
indicate that your proposed treatment is within the Pinelands
jurisdiction your application may be delayed.
c. If the body of water is defined as an "aquatic site"
in accordance with the agreement, you will need to receive
a Certificate of Filing from the Pinelands Commission before
submitting your Aquatic Pesticide Permit application to the
Pesticide Control Program.
For more information or a copy of the Memorandum
of Agreement, contact the Pinelands Commission at (609) 894-9342
or Hollie Ezze at the Pesticide Control Program at (609) 984-6666.
AQUATIC PESTICIDE USE
Under the provisions of NJAC 7:30-9.2, anyone
who applies any pesticide on a community or area wide basis
for the control of larval or adult forms of mosquitoes and/or
flies (in the Order Diptera) must have an approved Mosquito/Fly
Control Permit prior to application. Community or area
wide is defined as "any pesticide application performed on aggregate
areas greater than three acres of land or water which is either
part of a pesticide control program performed or contracted
by a governmental agency or is performed by, or contracted for,
one person who has control over the use of the land to which
the pesticide is applied".
The exceptions to the permit requirement are:
1) Applications made for agricultural
2) Applications conforming to the
provisions of the Mosquito Extermination statutes (NJSA
26:9-1 et seq.).
If the proposed treatment
is for mosquito control, contact your County
Mosquito Control Agency to arrange to have your equipment
checked and to discuss your proposed control program. The county
mosquito control agency will send the application to the Pesticide
Control Program for our review. If your county mosquito control
agency will not cooperate in this program, contact the Pesticide
Control Program at (609) 984-6666 for alternate instructions.
If the proposed treatment is for fly control,
send your application directly to the Pesticide Control Program.
Applications, for mosquito or fly control, are also reviewed
by the State Office of Mosquito Control Coordination. The issuing
authority for all permits, however, is the Pesticide Control