Title 119 - Nebraska Department of Environmental Quality
Chapter 28 – General Permits-By-Rule
001 General Permit-by-rule for pesticide application. Application of pesticides, including herbicides, or fungicides for the control of mosquito larvae, aquatic weeds or other pests to, over, or near, waters of the state shall be permitted under this rule provided that the pesticide applicator complies with the following requirements:
001.01 Application of the pesticide shall be in accordance with all relevant requirements under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. §136 et seq., and the Nebraska Pesticide Act, Neb. Rev. Stat. §2-2622 et seq., relating to water quality including compliance with all label application directions, such as application rates, active ingredient concentrations and dilution requirements, buffer zones, application locations, intended targets, protecting threatened or endangered species, times of day, temperature or other application requirements, and proper disposal of pesticide residues.
001.02 The pesticide applicator shall retain the following information relating to each pesticide application for three years from the date of application and provide such information to the department upon request:
001.02A The name of the pesticide, targeted pests or weeds, and a copy of the FIFRA labeling instructions, pesticide label
001.02A1 The EPA product registration number may be retained by the applicator in lieu of the actual label. The applicator shall be responsible for obtaining a copy of the pesticide label and FIFRA instructionsand providing them to the department upon request and;
001.02B The date, time, and location of the application, application rate and the total amount of material applied, applicators name and signature.
001.03 Application of biological pesticides except those used for mosquitoes and mosquito larvae are not eligible for coverage under this general permit-by-rule and an applicant must seek coverage under a site-specific NPDES permit in accordance with this Title.
002 Any non-compliance with the general permit-by-rule shall constitute a violation of the Nebraska Environmental Protection Act and these regulations.
002.01The applicator shall report any over application of pesticides, or adverse impacts to non-targeted species, or the environment to the department within 24 hours.
003 Applicators of pesticides are not required to submit a Notice of Intent for coverage under the general permit-by-rule provided they comply with the provisions of this chapter and Chapter 14 as applicable.
004 This general permit-by-rule for application of pesticides shall expire five years from the effective dateof adoption in this title, or at the issuance of a subsequent general or individual permit in accordance with these regulations.