Section 323.3107. Fluridone use.

(1) The department may issue permits for  the   use  of  a  liquid formulation of fluridone as   a spring treatment to  control    Eurasian watermilfoil, as follows:

(a)     A permit may be issued if the department determines that both of the following provisions apply:

(i)     There is widespread distribution of Eurasian watermilfoil in the lake.

(ii)     The abundance of Eurasian watermilfoil causes it to be an aquatic nuisance.

(b)     An application shall include information necessary for the department to make the determination under subdivision (a) of this subrule, including an aquatic vegetation survey performed in August or September of the year before the proposed fluridone application and corresponding survey data analysis. The aquatic vegetation survey and data analysis shall be performed according to methods that have been approved by the department before submittal  of a permit application.

(c)     A permit or permit amendment shall not authorize a lake water fluridone concentration to be more than 6 parts per billion.

(d)     The department may amend a permit to authorize an additional treatment 14  to

21  days  following  initial  treatment,   if  the  average  fluridone concentration of all surface samples taken 13 to 15 days after treatment is less than 5 parts per billion.

(2)     The department may issue permits for the evaluation of uses  of fluridone other than as a spring treatment to control Eurasian watermilfoil.

(3)     An applicant proposing chemical treatment of a  waterbody  using fluridone shall provide a lake management plan as described in R 323.3104(2).

(4)     As a condition of all permits authorizing the use of fluridone, the department shall require the permittee to perform the activities listed in  R 323.3106(j), (k), and (l).

(5)      The department shall not issue a permit for the use of fluridone in the same waterbody more than once in any 3-year period, unless either of the following provisions applies:

(a)     The department determines, in the year of treatment, that a fluridone treatment failed to control Eurasian watermilfoil.

(b)      A use of fluridone approved by the department pursuant to subrule (2) of this rule explicitly includes the use of fluridone in more than 1  year during a 3-year period.

History: 1979 AC; 2003 AACS.