Section 323.3106. Permit conditions.

(1) As a condition of a permit, the department   may  require  the permittee to do any of the following:

(a)     Notify the department not less than 2 working days in advance of chemical treatment.

(b)     Proceed with chemical treatment only if a department representative is present.

(c)    Allow the department or its representative to collect a sample of the chemical or chemicals used before or during any chemical treatment.

(d)       Post the area or areas of impact before chemical treatment. All of the following posting requirements apply:

(i)      Signs shall be of a brilliant color and made of durable material.  Minimum sign dimensions shall be 14 inches by 11 inches and shall be attached to a supporting device with the bottom of the sign extending not less than 12 inches above the ground surface.

(ii)      Posting signs shall be placed in the following locations unless the department determines that the locations are impractical or infeasible based upon a written request from an applicant which includes an explanation of the necessity for alternative posting locations and a description of the proposed posting locations:

(A)      For an area or areas of impact that total less than 2 acres, signs shall be placed along the shoreline of the areas of impact not more than 100 feet apart. Riparian lands adjacent to the area shall also be posted, if permitted by the riparian owner.

(B)     For an area of impact that is greater than or equal to 2  acres, posting signs shall be posted as in paragraph (ii)(A) of this subdivision. In addition, all access sites, boat launching areas, and private and public parks located on the waterbody shall be posted conspicuously, such as at the entrances, boat ramps, and bulletin boards, if permitted by their managers or owners. If the access sites, launching areas, and  parks are not to be treated or are not adjacent to the areas of impact, then the signs shall clearly indicate the location of the areas of impact and shall contain the other information specified in paragraph (iii) of this subdivision.

(iii)     At a minimum, posting signs shall include all of the following information:

(A)    The permit number.

(B)    The name of the waterbody.

(C)    The date of treatment.

(D)        The name, address, and telephone number of the person conducting the treatment.

(E)     The name of the chemical or chemicals used and the restrictions on the use of treated water pursuant to the permit.

(F)      The expiration date of water use restrictions for each chemical used during treatment.

(G)        The phrase "do not remove posting signs or maps until all water use restrictions have expired."

(e)      Publish a notice in a local newspaper or make an announcement on a local radio station regarding the chemical treatment. The notice or announcement shall include all of the following information:

(i)     The permit number.

(ii)     The name of the waterbody.

(iii)     A list of the chemicals to be used with corresponding water  use restrictions.

(iv)     A description of the areas of impact.

(v)     The proposed treatment dates.

(f)         Apply chemicals so that swimming restrictions and fish-consumption restrictions are not imposed  on  any Saturday,  Sunday,  or  state-declared holiday.

(g)      Take special precautions to avoid or minimize potential impacts to human health, the environment, and nontarget organisms.

(h)     Notify, in writing, an owner of any waterfront property within 100 feet of the area of impact, not less than 7 days, and not more than 45 days, before the initial chemical treatment.  Written  notification  shall  include all of the following information:

(i)     Name, address, and telephone number of the permittee.

(ii)          A list of chemicals proposed for use with corresponding water use restrictions.

(iii)      All approximate treatment dates per chemical. If the owner is not the occupant of the waterfront property or the dwelling located on the property, then the owner is responsible  for notifying the occupant.

(i)     Complete and return the treatment  report   form  provided   by  the department for each treatment season.

(j)       Perform  lake  water   residue  analysis  to   verify  the   chemical concentrations in the waterbody according to  a  frequency,   timing,  and methodology approved by the department.

(k)       Perform aquatic vegetation surveys according to a frequency, timing, and methodology that has been approved by the department prior to submittal of a permit application.

(l)          Use chemical control methods for nuisance aquatic vegetation that are consistent with the approved vegetation management plan submitted separately or as part of a lake management plan. The department may approve modifications to the vegetation management plan upon receipt of a written request from the permittee that includes supporting documentation.

(m)        Perform pretreatment monitoring   of  the  target  plant   population according to a frequency, timing, and methodology that has been approved by the department prior to submittal of a permit application.

History: 1979 AC; 2003 AACS.