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L&W Home > Permits & Standards > Waste Discharge > Special Topics > West Nile Virus > License Requirements > Waste Discharge Law

Mopang River (Maine)West Nile Virus and Eastern Equine Encephalitis -- Waste Discharge Law

The waste discharge law regulates the discharge of pollutants, such as pesticides, to waters of the State. "Waters of the State" are:

"any and all surface and subsurface waters that are contained within, flow through, or under or border upon the State or any portion of the State, ... except such waters that are confined and retained completely upon the property of one person and do not drain into or connect with any other waters of the State, ...".

Note that groundwater and wetlands are waters of the State. Because of the movement of groundwater, very few waters and wetlands are actually confined upon the property of one person.

Application of an aquatic pesticide in, on or over waters of the State, or in such a way as to enter the water, requires a license. A license is not available unless requirements and restrictions can be met. Some of the requirements include the following.

  • Prior to the use of aquatic pesticides for mosquito control, the applicant must demonstrate that there is a significant need to control the mosquito species known or suspected of carrying WNV or EEE and that pesticides offer the only reasonable and effective means of control.
  • The applicant must demonstrate that the proposed treatment area provides preferred breeding habitat for mosquito species known to be vectors of infectious diseases; positive identification of those species present; and/or documentation by Maine Department of Health and Human Services (DHHS) of mosquitoes, birds, or humans testing positive for infectious disease within a 20-mile radius.
  • The applicant must demonstrate that the propsed treatement will be performed in conjunction with a written management plan, area-wide control strategies, and integrated control methods, designed to be most effective.
  • The application must not result in violations of state water quality laws, such as impairing a waterbody so that it does not attain its designated classification. (Want to know what "classification" is?)
  • The applicant or agent of the applicant must be licensed as a commercial pesticide applicator by the Maine Board of Pesticides Control to apply aquatic pesticides for mosquito control.
  • The applicant must provide the product name, EPA or Maine registration number, and a copy of the label of the pesticide to be applied.
  • The applicant must provide adequate protection for non-target species by:
    -Indicating the specific waters to be treated.
    -Using target specific pesticides such as Bti or Bg.
    -Identifying any significant resources in the waters to be treated, including threatened and endangered species, and areas of ecological or recreational importance.
  • The applicant must describe specific application methodology including equipment used, rates of application, and timing of application.
  • The applicant must provide public notice of the proposed treatment and also comply with the Board of Pesticides Control notification regulations CMR 01-026 Chapters 28 and 51. (Link to regulations off-site).

In September 2005, Maine DEP issued a General Permit (GP) for Aquatic Pesticide Discharges for the Control of Mosquito-borne Diseases in Certain Waters of the State. In October 2007, the GP was expanded and now includes waters of Classes AA, A, B, C, SA, SB, SC and waters having drainage areas of less than 10 square miles, that constitute breeding habitat for mosquito species known to be potential disease vectors and mee the other provisions identified above.

The GP provides for an expedited review and approval of qualified treatment programs. For treatment programs that do not qualify for the GP, the Maine DEP's standard Waste Discharge Licensing program is still available.

Additionally, some activities are exempt from Maine DEP requirements.

See WNV and EEE Information for Homeowners.

See the bottom of the Homeowner's Page for information on chemical and bacterial pesticides.

Things to keep in mind:

1. Broad spectrum pesticides including, but not limited to, temephos and methoprene will not be permitted for use in “waters of the State”, because they do not provide adequate protection of non-target species.

2. The DEP recommends that treatment projects not be done by the individual homeowner, but instead be coordinated at the municipal level. This allows appropriate targeting of treatment, and avoidance of unintended impacts.

For more information about licensing under the Waste Discharge Law, see the Waste Discharge Page.

See also: DEP rules, Ch. 514, Regulations Concerning the Use of Aquatic Pesticides. (off-site)

Aquatic Pesticides pdf file; msword file (ms word file; pdf file).