Apply for Pesticide Usage Permit

DEP's regulations at 25 Pa. Code 91.38 require persons using chemicals (herbicides, algicides or fish control chemicals) to control aquatic plants in surface waters or to manage fish populations to obtain a joint approval from DEP and PFBC prior to use

These regulations also require DEP approval prior to using copper sulfate to control algae in public water supply sources. Persons wishing to use herbicides, algicides or fish control chemicals in surface waters within Pennsylvania must submit a permit application to DEP for each body of water to be treated.

A copy of the application must be submitted to PFBC if free flowing waters (i.e., not lakes or ponds) will be treated or if surface waters will be treated to control fish populations. If there are planned changes during the permit term to the water bodies to be treated, to the amount of pesticides to be applied, or to the pesticides to be used, then a new application must be submitted to DEP and, when necessary, PFBC.

There is no threshold to trigger the need for a permit.  Anyone proposing to use any amount of herbicides, algicides, or fish control chemicals in surface waters must apply for and obtain a permit.

Where to Submit

There is an application fee to apply for a joint DEP/PFBC pesticides permit, as identified in the permit application instructions. 

DEP’s Mailing Address depends on the county where the treatment(s) will occur.

PFBC’s Mailing Address 
PFBC
Division of Environmental Services
595 E. Rolling Ridge Drive
Bellefonte, PA 16823

(PFBC's Mailing Address is only for proposed pesticides use in free flowing waters or application of fish control chemicals)

Phone: 814.359.5147

Applicants may also use DEP’s Public Upload with Payment tool to submit applications.

 

DEP issued the PAG-15 General NPDES Permit (3800-PM-BCW0345) in 2011 in response to a court decision that overturned a rule exempting pesticide applications into or near bodies of water from the NPDES regulations.  The PAG-15 General NPDES Permit authorizes discharges to surface waters resulting from the use of pesticides under specific conditions. 

The current version of the PAG-15 General NPDES Permit became effective on October 29, 2023 and will expire on October 28, 2028.

When a permit is required

For a state or federal government agency ("government entity") with pest management as an integral part of the agency's mission, there are no thresholds governing when an NPDES permit is required.

For everyone else ("non-government entities"), an NPDES permit is required only when pesticides will be applied for

• (1) the control of pests over an area of at least 6,400 acres (e.g., spraying for mosquitoes or gypsy moths), or

• (2) the control of weeds, algae or animal pests over an area of at least 80 acres of water or 20 continuous linear miles on water’s edge

Permit requirements

• A Notice of Intent (NOI) for PAG-15 General NPDES Permit coverage may be submitted if the proposed pesticide use will be eligible for the general permit.  Where pesticides will be used in special protection (i.e., HQ or EV) watersheds and when pesticide use will occur in multiple DEP regions, an individual NPDES permit application (3800-PM-BCW0025) is generally required.

• It is possible that both a joint DEP/PFBC permit and an NPDES permit are required prior to applying pesticides.  In such cases DEP may incorporate the terms and conditions of the joint DEP/PFBC permit into an individual NPDES permit.

In general, DEP issues permits to the person(s) who own or manage the property where pesticides will be used, i.e., the person(s) responsible for deciding to use pesticides (i.e., the “Decision Maker”), rather than the person(s) who actually applies the pesticides (i.e., the applicator).

Where to Submit NOIs or Applications for NPDES Permits

NOIs for PAG-15 coverage and individual NPDES permit applications should be submitted to the DEP regional office that has jurisdiction over the county where the pesticide usage will occur.  Visit DEP’s regional resources page for DEP regional office mailing addresses.  Alternatively DEP’s Public Upload with Payment can be used.

For applicants who plan to use pesticides at locations that cross regional office territories, NOIs or applications should be submitted to DEP’s Bureau of Clean Water at 400 Market Street, Harrisburg, PA 17105 or through DEP’s Public Upload with Payment.

Questions? 

DEP has developed a Frequently Asked Questions (FAQ) document to provide additional clarification on the permitting requirements for pesticides use in Pennsylvania.

Questions about DEP’s pesticides permitting program can be sent to DEP’s Bureau of Clean Water at RA-EPNPDES_Permits@pa.gov or (717) 787-5017.