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, the Department of Environmental Quality (DEQ) has regulatory jurisdiction over mosquito control projects involving the application of pesticides to surface waters of the state.
An entity may obtain authorization to apply pesticides to surface waters of the state by following the provisions under the appropriate approval and certification process. The processes are as follows:
1. Applications of pesticides to surface waters of the state require authorization under the General Rule 97 Certification of Approval Authorizing Mosquito Control in Surface Waters (Certification R97-11/003). Surface waters of the state include the following:
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The Great Lakes and their connecting waters.
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All inland lakes.
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Rivers.
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Streams.
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Impoundments.
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Open drains.
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Wetlands.
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Other surface bodies of water within the confines of the state.
The General Rule 97 Certification 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 R97-11/003.
Please note that the use of any pesticide, or any pesticide application to waters of the state, that is not authorized by Certification R97-11/003, must be authorized under an
Individual Rule 97 Certification of Approval
.
Upon acknowledgement from the DEQ 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 DEQ can be determined at
www.michigan.gov/deq
utilizing the DEQ Site Map or by contacting Ms. Diana Butler at 517-335-3044 or by e-mail at
butlerd@michigan.gov
.
2. For applications of pesticides to catch basins and/or waters in a storm sewer system or 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.