Part 1. What is an "Aquatic Site?"

N.J.A.C. 7:30-9.3 is the regulation that mandates an Aquatic Pesticide Permit for most applications of pesticides to any "waters of the State" or on "Aquatic sites". To determine if a permit is necessary, for the type of application you intend to make, read the following:

According to the Pesticide Control Code N.J.A.C. 7:30,
"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:

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 algaecides 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. Algaecides labeled only for use in water treatment plants, wastewater treatment plants or sewerage treatment plants.

All "Aquatic Pesticides" are considered restricted use in New Jersey.

An "aquatic site means those areas meeting the definition of waters of the state or wetland."
"Water or waters of the State means the ocean and its estuaries, all springs, streams, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State or subject to its jurisdiction."

A "Wetland means a freshwater wetland pursuant to N.J.S.A. 13:9B-3, a coastal wetland 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."

All pesticides labeled for aquatic use are restricted use in New Jersey. This includes the copper products. The purchase and application of a restricted use pesticide requires certification and licensing as a pesticide applicator. An application of ANY pesticide to an aquatic site requires an Aquatic Pesticide Permit. An Aquatic Pesticide Permit shall not be required if;

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 Pesticide Control Program'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.

If you need an Aquatic Pesticide Permit, complete the application form and required sketch entirely, using the instructions below.

NOTE: It is important to determine whether or not the body of water you intend to treat is within the Pinelands Commission's jurisdiction prior to submission of the Aquatic Pesticide Permit application. See Appendix A for a map of the NJ Pinelands and a list of Municipalities within the Pinelands Area.

If the body of water you intend to treat is not within the Pinelands Commission's jurisdiction, skip a, b, and c below. If it is within their jurisdiction you must follow steps a, b and c.

a. 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, Pesticide Control Program. In the Pinelands Area, these sites are defined as follows:

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

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 an agricultural crop shall not be considered to be aquatic sites.

b. If the body of water is defined as a "lake" or "pond" in accordance with the agreement, attach a note to your application indicating that the body of water is within the Pinelands, skip c. below and follow the rest of the instructions for completing the Aquatic Pesticide Permit form. Your application will be sent to the Pinelands Commission by the Pesticide Control Program for comment. If you do not indicate that your proposed treatment is within the Pinelands jurisdiction your application may be delayed.

c. 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 to the Pesticide Control Program.

Part 2. Instructions for Completion of the Aquatic Pesticide Permit Form

1. Fill in Person or Organization contracting treatment information. Make sure to include the contact person and their telephone and fax number, if applicable.

2. Fill in name of Organization or Applicator Business and License # information when applicable. Fill in Applicator's Name and License #. Your application will be denied if a license is not current. In most cases a Commercial Pesticide Applicator license with Category 5, Aquatic Pest Control, is required for pesticide applications to aquatic sites. These applications include any governmental treatments, treatments done for private residences, lake associations, commercial establishments, and any treatments done on a for-hire basis. However, if aquatic site to be treated is part of an agricultural site and is being treated by the owner or the owner's employees, the applicator may be licensed as a Private Pesticide Applicator.

3. Fill in the Site Name of the aquatic site to be treated along with its Site ID# and Watershed Management Area (WMA). If you do not know the ID#, leave that space blank. The WMA can be identified by accessing the Division of Watershed Management's Webpage and entering the zip code of the aquatic site location. In addition, the Pesticide Control Program, Permits Unit must be notified immediately of any change to the Site Name.

4. Fill in the County and Municipality where the aquatic site is located and the total size of the entire aquatic site, in acres.

5. Fill in the total size of the Treatment Area in acres. Fill in the Average Depth of that treatment area in feet.

6. Check all Uses of the aquatic site to be treated. Indicate where these are located on the sketch required in number 15.

7.a. List all of the major fish species that are present in the waterbody.

7.b. Check whether this aquatic site is stocked with fish. If the aquatic site is stocked, the species of fish stocked must be listed.

In steps 8, 9, 10, & 11, you are matching the treatment date with the target pest, the pesticide to be used and the dosage rate.

8. Fill in the Target Pest(s) you wish to treat for. Make sure to specify the species.

9. Fill in all Proposed Treatment Dates of application. Be as specific as possible. You are not held to the exact date on the permit form, since factors such as weather and outflow conditions may delay application. However, unless specifically allowed for in the approved permit, aquatic pesticide applications (with the exception of Phragmites control treatments which can be permitted until October 31) are only approved from April 1 to September 30. Treatments approved outside of this treatment season are on a case by case basis and have additional permit conditions appended. In most cases, the specific number of treatments performed is not limited. What is limited is the total amount of a particular pesticide used over a treatment season. Example: if a 1 PPM treatment is approved, you can make two treatments at 0.5 PPM each instead of one at 1 PPM. The time allowed between treatments varies among the products and this time is stated on the permit condition page.

10. Complete Pesticide(s) to be Used information:

a. Brand Name
b. EPA Registration #
c. Active ingredient

When determining which aquatic pesticide(s) to propose for use, keep in mind the uses of the aquatic site and the water use restrictions specified on the pesticide label(s). The Aquatic Pesticide Guidelines may help with this determination.

No more than four pesticides can be submitted per permit. IF MORE THAN FOUR PESTICIDES ARE PROPOSED, YOUR APPLICATION WILL BE RETURNED. If more than one pesticide is to be applied to the same area there are time restrictions on how long the applicator must wait between applications. They are as follows:

Active Ingredient	Time Period Before Another Pesticide for Same Type of Aquatic Plant Can be Used
Copper/CuSO4 Fluridone Diquat Endothall Glyphosate 2,4-D	7-14 days (depends on product) 7 days 14 days 14 days 14 days 30 days

11. Fill in the Dosage Rate to be used. Remember that "ppm" is not a dosage rate, it is a concentration. Therefore, when filling out "ppm" you must specify weight (ounces, pounds) or volume (pints, quarts, gallons) of product per area (surface acre, acre feet). Any permit whose rate exceeds label directions will be denied immediately. Remember that the dosage you propose cannot be exceeded in actual treatment. You can always use a dosage rate less than proposed. NOTE: Pesticide Control Program policy does not allow Hydrothol applications above 0.3ppm due to the fact that fish can be killed at higher concentrations.

12. Check if there is an outlet structure or stream. If the aquatic site has any type of outlet structure (spillway, pipe, culvert, stream, etc.) or an outflowing stream, please check the box. It is also important for you to know the outflow condition, especially for Aquashade and diquat applications. Under these applications the label states that the outflow must be little to none. While this is a fairly subjective determination, below are some guidelines you can follow:

a. If the outlet is dry or has a trickle of water - this is little to no outflow. If this is the case through most of the season, excluding heavy rain conditions, then an application is possible.
b. If there is normally a running stream at the end of the outlet - this is NOT little to no outflow. If there is barely an outflow stream and the streambed is small with dry land vegetation present - outflow is normally little to none and an application is possible.

13. Check whether there are any shallow wells within 50 feet of the shoreline (a shallow well is a well with a casing of approximately 50 feet or less in depth). The applicator must identify all wells that fit this description if they are located on the shoreline of the aquatic site to be treated or they are within ½ mile of the treatment site still within 50 feet of the shoreline. Make sure to mark all of these wells on the required sketch. This is important when planning an aquatic pesticide treatment. Precautions must be taken for certain aquatic pesticides when a shallow well is located close to the shoreline, in order to prevent contamination of the well water. The applicator is responsible for obtaining this information and reporting it correctly on the permit form.

14. Check whether or not the aquatic site and its surrounding shoreline is owned and controlled by one person. See the definition of "Person" in Appendix C. If the aquatic site is not owned and controlled by one person, a detailed explanation must be made on the form provided (Aquatic Pesticide Justification Form BPO-07). The applicator is responsible for obtaining this information and reporting it correctly on the form.

15. Complete and attach a sketch (example) of the aquatic site to be treated. Please make sure your sketch is complete to prevent your application from being returned. The sketch requirements are:

a. Sketch must be made to scale on 8.5 x 11-inch paper.

b. Mark all inlets and outlets.

c. State the type of outlet (spillway, pipe, culvert, stream, etc.)

d. State the name of the receiving aquatic site. The receiving aquatic site is the next aquatic site, lake, or pond immediately downstream to which the aquatic site to be treated, overflows. It is important to know the name of the receiving aquatic site to assess possible downstream affects. If the aquatic site outlets directly to another lake or pond, state the name of that lake or pond. If the aquatic site outlets to an unnamed stream, label it "unnamed tributary to ________ River."

e. Mark all uses such as potable intakes, irrigation, and designated stock watering, swimming and fishing areas.

f. Mark all shallow wells within 50 feet of the shoreline and ½ mile of the treatment area still within 50 of that shoreline.

g. Show each treatment area and state the treatment acreage, average depth, and pesticide to be used for each.

h. Indicate the sketch scale and north arrow.

NOTE: For wetland mitigation aquatic sites and large scale right-of-way aquatic sites an USGS quad map detailing the above information (a-h) will be accepted.

i. Include a legible copy of the portion of county or township map (locator map) where this aquatic site is located. If the aquatic site is not indicated on the map, please mark it on the map. This is needed so we can pinpoint the physical location of the aquatic site.

16. Check if the aquatic application is to be made from either the Land, Water, or Air. Check all that apply.

a. If you are indicating in question #16 that an application is to be made from the Water, and the aquatic site has a designated boat launch, make sure that launch is noted on the sketch.

b. If you are indicating in question #16 that an application is to be made from the Air, and there is a designated aircraft landing/mixing/loading area at the aquatic site, make sure that area is noted on the sketch.

17. Integrated Pest Management (IPM) Practices: Attach a list to each aquatic permit detailing the IPM practices implemented at the aquatic site. These practices may include but are not limited to the following: mechanical control; aeration, biological control; cross contamination control such as picking up weed fragments, washing off boots, boats and trailers; and the distribution of educational materials pertaining to land use practices such as fertilizers, landscape pesticides, animal/waterfowl droppings, and non point source pollution. If some method of Goose Control is utilized at this location, specify the method (ex: ReJeX-iT Bird Repellent, Balloons, Fencing, Dogs, etc.) of Goose Control used. If IPM is not practiced at a particular aquatic site, please state that on an attached sheet and explain.

18. Indicate whether or not the aquatic site is currently permitted by and/or awaiting permit approval from any other NJ DEP Program. If "Yes", you must provide a detailed explanation on the Aquatic Pesticide Justification Form (BPO-07). The detailed explanation must include NJ DEP contact(s) information from the appropriate NJ DEP permitting program.

NOTE: The Responsible Applicator must then print and sign their name and date the permit application in order to certify that all the information supplied was true, that they are familiar with these instructions for completing the Aquatic Pesticide Permit Form and that they agree to do the following when the permit is approved:

A) Follow all label directions for the aquatic pesticide(s) used.

B) Be responsible for all damages which occur from this proposed treatment.

C) Abide by any further conditions as specified upon approval of this permit.

D) Provide the contracting party (person/organization requesting treatment) with pretreatment notification as specified below:

I. A copy of the approved permit.
II. Label instructions of the aquatic pesticide(s) to be used relating to contracting party for general public safety, including precautions.
III. No treatments shall be made until the contracting party has been given the opportunity to review the above information, which shall be provided by the applicator/applicator business in writing.

E) Perform the pretreatment requirements for algaecide applications as specified below:
There are many factors that can cause algaecide and/or copper and copper sulfate applications to have a severe impact on the lake environment, especially the fish. Water hardness is one of these factors. Most copper and copper sulfate product labels warn the applicator that fish toxicity can occur at labeled rates, especially in "soft or acidic waters". Applicators should be aware of the hardness of the lake water before they make an application. However, the applications do not have to be directly toxic to cause a fish kill. Dissolved oxygen levels and the amount of algae present can also be responsible. The algae population in an aquatic site produces oxygen during photosynthesis and uses oxygen during respiration. Dying algae also use oxygen during the decomposition process. When applications of algaecides kill off large portions of the algal population, not only aren't the algae producing oxygen but they are also using it in the decay process. During the evening following the application, oxygen levels can be further decreased by the respiration of the surviving algae and other aquatic plants. Levels may be decreased below the tolerance level for the fish and a kill can occur. If the applicator is aware of the algal population and the level of dissolved oxygen in the aquatic site, the applicator can take precautions in order to avoid causing a fish kill resulting from an algaecide application.

According to the EPA's Lake and Reservoir Restoration Guidance Manual, "The Secchi disk is a 20 cm plastic or metal disk that is either entirely painted white or divided into alternating painted black and white quadrants. The disk is lowered into the water, and the observer measures the depth at which it can no longer be seen. This depth is recorded and is referred to as the Secchi transparency, or Secchi depth, of the water body...The transparency is based on the transmission of light through water and is related, in part, to the natural light attenuation of the water being measured, the amount of inorganic suspended solids, and the amount of organic suspended solids (algae cells)". Low Secchi depth readings indicate that the body of water may have a high algal biomass and precautions should be taken when considering an aquatic pesticide treatment.

The following pretreatment requirements should make the applicator more aware of the algal biomass in the aquatic site and should lessen the chance of a fish kill due to oxygen depletion resulting from an algaecide treatment:

I. Take at least one Secchi depth from the middle of aquatic sites >3 acres in size, or from the deepest edge of aquatic sites < 3 acres in size, immediately prior to treatment, but at least 1 hour after sunrise and 1 hour before sunset. This is so that light reflection off the water surface does not interfere with an accurate reading. Coves or separate areas proposed for treatment require an additional reading. Secchi depth and time of day Secchi was taken shall be recorded and kept, as part of the required records of application.

II. No treatment is to be made for Secchi depths < one foot. A reading this low is an indication that the algal biomass may be too high for algaecide treatment and a fish kill may occur.

III. Treatment areas must be reduced to half their normal size for Secchi depths < two feet. While most algaecide and/or copper and copper sulfate labels already dictate this restriction, a reading between 1 and 2 feet should alert the applicator to an aquatic site that may be stressed due to a high algal biomass and caution should be taken if attempting an application.

Most copper and copper sulfate labels restrict application to 1/3 to 1/2 of the aquatic site to help prevent the reduction of aquatic organisms due to copper toxicity or oxygen depletion. Since this restriction allows for some latitude with respect to what part of the aquatic site to treat, the Pesticide Control Program has obtained and paraphrased the interpretation of this statement from the Environmental Protection Agency (EPA). The interpretation is as follows: The applicator is not permitted to treat more than ½ of the surface area of the aquatic site. An aquatic site can be treated in small segments or zones such as strips, grids, or other geometric shapes as long as there is sufficient untreated area, in close proximity, for fish or other aquatic organisms to congregate. The applicator will have to take caution to assure that there is adequate distance between treated areas to permit survival of aquatic organisms. Treating an entire half of a body of water at one time is not recommended, unless it is a very small pond. The applicator will have to ensure that the amount of product used is calculated for the water volume of each area treated.

This interpretation places a great deal of responsibility on the applicator. It relies on the applicator's expertise and their familiarity with the aquatic site to make sound judgement as to which areas to treat in order to get effectiveness without negatively impacting the environment of the aquatic site.

Dissolved oxygen readings are not a pretreatment requirement of the permit this year. However, the applicator should be aware of the dissolved oxygen levels prior to treatment in order not to cause significant harm or injury to the lake environment.

F) POSTING REQUIREMENTS - Requirements listed here should only be used as a guide to the posting regulations enforced by the NJ DEP Pesticide Control Program. Complete posting requirements explained in detail can be found in the Pesticide Control Regulations, N.J.A.C. 7:30-9.4, effective November 19, 2001.

Signs shall be posted on the shoreline of all treated water as specified below:

I. Signs must be posted prior to the start of all applications, and shall contain date and time application was completed. The signs shall remain legible and posted until the greatest time for the use of the treated water has passed according to label directions. Some products have water use restrictions but no time limit because they prohibit that use altogether. In these instances the restriction must be posted and the following used to dictate how long the posting must remain:

Pesticide Active Ingredient Acid Blue 9, Acid Yellow 23 2,4-D Glyphosate

Posting Must Remain: 30 days 30 days 14 days

II. Signs must be made on a minimum of 90 weight paper with letters at least 1 inch high and shall bear the following statement: "PESTICIDE TREATED WATER."

III. The signs shall also contain the brand name of pesticide products applied, date of application, and all water use restrictions pertaining to the pesticide(s) used on that date. For each water use restriction, the length of time that water use is restricted is also required. If there is a total prohibition of specific water use, that prohibition shall also be stated. If there are water use restrictions on the sign that have no time limit, such as the total prohibition of a specific water use, the signs shall remain legible and posted for 30 days. In addition, signs shall include the name and telephone number of the commercial applicator or applicator business to contact for additional information.

IV. The signs shall be posted in such a manner that they are legible from the principle and common access points to the treated site. For golf course aquatic treatment sites, signs shall be posted at the starting tees (1st and 10th). When partial aquatic site treatments are made the following dictates the distance from the treatment area that posting must extend:

Pesticide Active Ingredient 2,4-D diquat endothall fluridone glyphosate

Posting Distance Required 1/2 mile 1,000 feet 1,000 feet 1/4 mile 1/2 mile

V. The pesticide applicator/applicator business shall be responsible for posting and removal of the signs. If any part of the task is delegated to the contracting party the responsibility still lies with the pesticide applicator/applicator business.

G. Notify all users of the aquatic site, and all users of downstream water (under circumstances when movement of the pesticide may be reasonably foreseen), who likely will be impacted by the treatments, of the water use restrictions as specified on the label of the aquatic pesticide(s) used. Notification shall include, at a minimum, the following:

I. The name, address and telephone number of the applicator/applicator business;
II. The telephone number of the New Jersey Poison Information and Education System (1-800-POISON1);
III. A statement in writing that a copy of the label(s) for the Aquatic Pesticide(s) used will be available, if requested;
IV. Prior notification of the specific date of the application, shall be provided by the applicator/applicator business, if requested.

Record method of notification, contact person, and date and time notification was made.

H. Community or Areawide Notification is required as per NJAC 7:30-9.10 on aggregate treatment sites greater than 3 surface acres in size.

I. The aquatic pesticide applicator/applicator business shall keep and maintain for each application of aquatic pesticides, a record of application (Record of Actual Pesticide Treatment - Form BPO-03). These records must be submitted to the PCP-Permits Unit by November 15th of the treatment year.

If this aquatic site has been previously granted a permit, please fill in the most recent permit number in the box provided.

The Pesticide Control Regulations were revised in 1990 to require a $75.00 fee per Aquatic Pesticide Permit. This fee is intended to fund the necessary work involved in the reviewing and issuance of these permits. Below are some guidelines to use when sending in your permit fee:

1. Payment must be made by check or money order. NO CASH can be accepted. Make checks payable to: "Treasurer - State of NJ." Governmental agencies at the local or county level can use a purchase order. Submit the completed purchase order with the Aquatic Pesticide Permit application. The "Payee" section is to be completed as follows:

State agencies should use an Intra-Governmental Payment Voucher (IGPV). Call the Pesticide Control Program at (609) 984-6647 for the Seller account numbers to fill in. The IGPV must be submitted with the Aquatic Pesticide Permit application. Note: If the organization requesting treatment is part of the DEP, there is no permit fee required.

2. If more than one permit is being submitted at a time, a single check can be written, provided that the total covers the $75.00 per permit fee.

3. Only one aquatic site per permit will be approved. This is necessary to prevent numerous proposals on one permit. However, a few exceptions have been made. The Pesticide Control Program reserves the right to make the final determination on whether or not multiple aquatic sites submitted on one permit follow the intent of the exceptions made below. The following multiple aquatic sites on one permit will be accepted:

4. Revisions are allowed to an approved aquatic pesticide permit but are limited to three per permit. Additional revisions to a previously revised permit (3x) will be reviewed on a case by case bases. ALL revisions must be requested using the Aquatic Pesticide Permit Revision Request Form (BPO-05). No exceptions will be allowed, and no revisions will be approved for any aquatic pesticide permit without submittal of such form. At this time no revision fee will be charged.

5. No refunds of permit fees will be made.

Note: You are completing a permit application form. This is not an approved Aquatic Pesticide Permit. Your application form will be reviewed by the DEP's Pesticide Control Program-Permits Unit and Division of Fish, Game & Wildlife. You will normally receive an approved or denied permit within 30 days of receipt of all required information deemed necessary to evaluate the application. All permits will be issued by the Pesticide Control Program only. Any extra time you can give us would be greatly appreciated.

Part 4. Mailing Procedures

Send completed permit applications to:

Part 5. Record of Actual Treatment

Record of Actual Treatment Form (BPO-03) -pdf / Word
Record of Actual Treatment 24c sites SLN NJ-020001- pdf / Word
Record of Actual Treatment 24c sites SLN NJ-040003- pdf / Word
Record of Actual Treatment 24c site (Example) - pdf
Instructions for Form BPO-03 - pdf

As an aquatic pesticide applicator/applicator business, you are required to maintain a record of application for each aquatic pesticide application you perform. The information requested on this form shall be submitted to the PCP Permits Unit by November 15thof the actual treatment year. Your aquatic pesticide application records should contain all information required on Form BPO-03 (Form BPO-06 for 24C sites). Your application records shall include, but are not limited to, the information you are required to maintain on the Record of Actual Treatment forms.


Part 6. Aquatic Pesticide Permit Revision Request

Revision Request Form (BPO-05) - pdf

An aquatic pesticide permit revision request form must be filled out and submitted to the PCP for review before any approval for a revision to an approved aquatic pesticide permit will be granted. Information submitted on such form shall include the name of the applicator/applicator business requesting the revision, aquatic site information (permit #, site name and #), what the revision is and the reason for such a revision. This form must be signed and dated by the responsible applicator that initially signed the aquatic pesticide permit application.


Part 7. Aquatic Pesticide Justification (#'s 15 & 19)

Aquatic Pesticide Justification Form (BPO-07) - pdf / Word

An Aquatic Pesticide Justification Form must be filled out and submitted to the PCP with the Aquatic Pesticide Permit Form (BPO-01) in the following situations. If "No" is checked in the box for Item #15 (Is the aquatic site and surrounding shoreline owned and controlled by one person?), a detailed explanation of the ownership circumstances must be provided in the appropriate box on this form. In addition, if "Yes" is checked in the box for Item #19 (Is this aquatic site currently permitted by and/or awaiting permit approval from any other NJ DEP Program?), a detailed explanation, including the appropriate NJ DEP contacts, must be provided.

If you have questions concerning the permit application or the record of actual treatment form, please contact Hollie Ezze at:

Phone (609) 984-6666
Fax (609) 984-6555
E-mail: hollie.ezze@dep.state.nj.us