In compliance with the provisions R323.1097 of Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Act 451), the Michigan Department of Environmental Quality (MDEQ) has regulatory jurisdiction over mosquito control projects involving the application of pesticides to surface waters of the state.

An entity is authorized to apply pesticides to surface waters of the state, wastewater treatment systems and catch basins by following the provisions under the appropriate approval and certification process.  The processes are as follows:

1.   For applications of pesticides to catch basins and waters in a wastewater treatment system that are covered by a National Pollutant Discharge Elimination System (NPDES) permit, an approval under the  Water Treatment Additive  approval process is necessary.  This includes municipalities, industries and storm water sewer systems under the Phase I and Phase II storm water regulations.  Upon receipt of the request and written approval from the MDEQ, the applicant is authorized to commence pesticide treatment.

2.   For applications of pesticides directly to surface waters of the state (including the Great Lakes and their connecting waters, all inland lakes, rivers, streams, impoundments, open drains, wetlands, and other surface bodies of water within the confines of the state), authorization under the General Rule 97 Certification of Approval Authorizing Mosquito Control in Surface Waters  is necessary.  (Certification R97-08/001).  This process is initiated by submittal of a  Notification of Intent  by the applicant.  The certification authorizes treatment of surface waters using pesticides specified in Certification R97-08/001.  Upon acknowledgement from the MDEQ that a Notification of Intent has been received, the applicant is authorized to commence pesticide treatment of surface waters in compliance with the certification.  Acknowledgement of receipt of the Notification of Intent by the MDEQ can be determined at www.michigan.gov/deq utilizing the MDEQ Site Map or by contacting Ms. Rosalie Mascho at 517-335-1180 or by e-mail at maschor@michigan.gov .

3.   For application of certain pesticides to surface water storm water catch basins not covered by a National Pollutant Discharge Elimination System (NPDES) permit, authorization under the General Certification of Approval Authorizing Mosquito Control in Surface Water Storm Water Catch Basins is necessary.  (Certification R97-08/002)

4.   For any application of the pesticide temephos to control mosquito larvae, or any other pesticide application to waters of the state that is not authorized by Certifications R97-08/001 or R97-08/002, an Individual Rule 97 Certification of Approval is necessary.  Upon receipt of approval by the MDEQ, the applicant is authorized to commence pesticide treatment under the Individual Rule 97 approval.