Aquatic Permitting

• Regulation Reference: N.J.A.C. 7:30-9.3 mandates an Aquatic Pesticide Permit for most pesticide applications to “waters of the State” or aquatic sites.
• Purpose: All “Aquatic Pesticides” are considered restricted use in New Jersey therefore the permit ensures proper handling of pesticide applications to sensitive aquatic environments.

Definitions of Key Terms:

• Aquatic Site: Areas defined as “waters of the State” or wetlands.
• Waters or waters of the State: Includes all oceans and its estuaries, all springs, streams, bodies of surface/groundwater, both natural and artificial, within the boundaries of the State or subject to its jurisdiction.
• Wetlands: Includes freshwater wetland pursuant to N.J.S.A. 13:9B-3, coastal wetlands 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.

• To determine if a permit is necessary for your specific pesticide application, refer to the following guidelines:

According to the Pesticide Control Code N.J.A.C. 7:30-1: 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.

Exemptions:

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 algicides 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; or
4. Algicides labeled only for use in water treatment plants, wastewater treatment plants or sewerage treatment plants.

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 Bureau of Pesticide Control’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.

Aquatic Pesticide Permits are obtained through NJDEP’s Registered Service System (RSP). If you need an Aquatic Pesticide Permit, complete the application online found on the website: https://njdepwptest.net/online/

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 Municipalities, NJ Pinelands Map ) prior to submission of the Aquatic Pesticide Permit application.

• 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, Bureau of Pesticide Control. In the Pinelands Area, these sites are defined as follows:

1. 1. “Lakes” and “ponds” will refer to seasonal or permanent standing bodies of water.

1. 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 agricultural crops shall not be considered to be aquatic sites.

• If the body of water is defined as a “lake” or “pond” in accordance with the agreement indicate that the body of water is within the Pinelands. Your application will automatically be sent to the Pinelands Commission for review.
• 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.