Treating a Pond in Pennsylvania: Chemical Permits and Licensing

Key points

• RequirementExcept where the use would violate a specific order or permit, DEP's Chapter 91 regulation authorizes the use of an algicide, herbicide or fish control chemical only in two instances: (1) copper sulfate required to control algae in a source of public water supply, used under and in accordance with DEP approval; and (2) chemicals required to control aquatic plants in surface waters, and chemicals required for managing fish populations, used under and in accordance with a joint approval from DEP and the Fish and Boat Commission.

  Applies when: Any use of an algicide, herbicide or fish control chemical in surface waters 25 Pa. Code § 91.38 [1]
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  Except when the use of an algicide, herbicide or fish control chemical would be in violation of a specific order or permit, the use is authorized only in the following instances: (1) Copper sulfate required to control algae in a source of public water supply when the use is under and in accordance with approval given by the Department. (2) Chemicals required to control aquatic plants in surface waters and chemicals required for the management of fish populations where the use is under and in accordance with joint approval given by the Department and the Fish and Boat Commission.

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• Size cutoffDEP states that its regulation at 25 Pa. Code § 91.38 requires anyone using herbicides, algicides or fish control chemicals to control aquatic plants in surface waters or to manage fish populations to obtain a joint DEP/PFBC approval before use, that there is no threshold triggering the permit, and that anyone proposing to use any amount of these chemicals in surface waters must apply for and obtain a permit.

  Applies when: Any amount of herbicide, algicide or fish control chemical in surface waters DEP, "Apply for Pesticide Usage Permit" (pa.gov), How to Apply for DEP and PFBC Joint Pesticides Permit [2]
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  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 ... 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.

  Open Pennsylvania Department of Environmental Protection (pa.gov) (opens in a new tab)

• DefinitionUnder DEP's Chapter 92a definitions, "surface waters" means perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps and estuaries; the only exclusion is water at facilities approved for wastewater treatment (such as wastewater treatment impoundments, cooling water ponds and constructed wetlands used for wastewater treatment).

  Applies when: Determining whether a pond is a "surface water" for the joint chemical-use permit 25 Pa. Code § 92a.2 (definition of "Surface waters") [3]
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  Surface waters—Perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps and estuaries, excluding water at facilities approved for wastewater treatment such as wastewater treatment impoundments, cooling water ponds and constructed wetlands used as part of a wastewater treatment process.

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• RequirementDEP's FAQ gives a farm-pond example: an agricultural producer who applies pesticides directly to surface waters, for example to control weeds or algae in a farm pond, would need at a minimum a joint Chapter 91 permit.

  Applies when: Farm ponds treated for weeds or algae DEP, Water Quality Permitting for Pesticide Applications FAQ (rev. Feb. 21, 2025), FAQ #21 [4]
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  If an agricultural producer applies pesticides directly to surface waters to, for example, control weeds or algae in a farm pond, the producer would need to obtain, at a minimum, a joint Chapter 91 permit.

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• RequirementChemicals applied to water for purposes other than pest control are not pesticides and are not subject to the NPDES pesticide requirements. DEP gives alum (used to control phosphorus to inhibit algae growth) as an example of a product that is not itself an algicide, but it states that using alum or other chemicals to control algae or other pests does require a joint Chapter 91 permit.

  Applies when: Alum or other non-pesticide chemicals used to control algae or other pests DEP, Water Quality Permitting for Pesticide Applications FAQ (rev. Feb. 21, 2025), FAQ #23 [4]
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  Chemicals that are applied to water for purposes other than controlling pests are not considered pesticides, and therefore are not subject to the NPDES requirements for pesticide applications. For example, alum is a product used to control concentrations of phosphorus in water to inhibit algae growth, but itself is not an algicide. However, use of alum or other chemicals to control algae or other pests are subject to the requirement to obtain a joint Chapter 91 permit.

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• RequirementDEP says any chemical product used to control aquatic plants in a surface water needs a joint Chapter 91 permit (and NPDES coverage if thresholds are exceeded), even if it does not act directly on the plants, such as pond dyes that control algae by blocking light. Dye products added only for appearance, not to control aquatic plants, do not need a joint Chapter 91 permit but may need DEP authorization.

  Applies when: Pond dyes and similar products DEP, Water Quality Permitting for Pesticide Applications FAQ (rev. Feb. 21, 2025), FAQ #25 [4]
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  Any chemical product used to control aquatic plants in a surface water is subject to the requirement to obtain a joint Chapter 91 permit and, if thresholds are exceeded, NPDES permit coverage, including products that do not directly act upon plants. For example, some dyes are added to ponds to control algae by blocking parts of the visible light spectrum needed by algae to grow. Some dye products are introduced for aesthetic purposes only and not to control aquatic plants. Such uses do not require a joint Chapter 91 permit but may require DEP authorization as discussed below.

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• TimelineAnyone planning to use an algicide, herbicide or fish control chemical in surface waters may not begin until the joint approval from PFBC and DEP has been received.

  Applies when: Before the first chemical treatment DEP, Water Quality Permitting for Pesticide Applications FAQ (rev. Feb. 21, 2025), FAQ #8 [4]
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  Entities planning to use an algicide, herbicide or fish control chemical in surface waters may not commence use until joint approval from PFBC and DEP is received.

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• ProcessWhere to file depends on the treatment: for aquatic plant management in standing water bodies such as ponds, lakes, reservoirs and canals, the joint permit application goes to DEP only; if aquatic plant management is proposed for a free-flowing stream, or a fish control chemical is proposed in any water body (including a pond), one signed application must go to DEP and one to PFBC, and they should be submitted to both agencies at the same time.

  Applies when: Choosing where to submit the joint permit application DEP/PFBC, Application Instructions (3800-PM-BCW0094a, Rev. 5/2025), § I.B [5]
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  If aquatic plant management is proposed for a free-flowing stream or if use of a fish control chemical is proposed in any water body, one signed joint permit application must be submitted to DEP and one signed joint permit application must be submitted to PFBC. The applications should be submitted at the same time to both agencies. For aquatic plant management in standing water bodies such as ponds, lakes, reservoirs, canals, etc., a joint permit application must be submitted to DEP only.

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water / Fish and Boat Commission (opens in a new tab)

• FeeThe current application instructions (Rev. 5/2025) require a $250 application fee with each new and renewal application and a $100 fee with an amendment application, submitted with the application. Mailed applications should pay by check (less than 10 days old) payable to "Commonwealth of Pennsylvania"; electronic submissions pay online through the Public Upload tool.

  Applies when: New, renewal or amendment application for a joint chemical-use permit DEP/PFBC, Application Instructions (3800-PM-BCW0094a, Rev. 5/2025), § III (Application Fee) [5]
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  Applicants must submit a $250 application fee with each new and renewal application submission and a $100 fee with permit amendment applications. This fee must be submitted with the application. Applications submitted by mail should include payment in the form of a check (less than 10 days old) made payable to "Commonwealth of Pennsylvania." Fees for applications submitted electronically must be paid online through the Public Upload tool at the time of submission.

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water / Fish and Boat Commission (opens in a new tab)

• FeeHolders of joint Chapter 91 permits pay no annual fee. By contrast, DEP's FAQ says Decision Makers who are required to submit a PAG-15 NOI pay an annual NOI installment fee, and holders of individual NPDES pesticide permits pay an annual fee.

  Applies when: Joint Chapter 91 permit holders DEP, Water Quality Permitting for Pesticide Applications FAQ (rev. Feb. 21, 2025), FAQ #28 [4]
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  Decision Makers that are required to submit an NOI to obtain coverage under the PAG-15 General Permit will pay an annual NOI installment fee payment ... Decision Makers that have individual permits will pay an annual fee ... Decision Makers that have coverage under Joint Chapter 91 permits are not subject to annual fees.

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• RequirementUnder the regulations, a person must be certified as a commercial or public applicator if the person (1) applies or supervises the application of any pesticide on an easement or on the property or premises of another (other than the person's employer), including pesticides exempt from federal registration, or (2) applies or supervises the use of a restricted use pesticide on property owned by the person or the person's employer when not for producing an agricultural product.

  Applies when: (1) Any treatment of another person's pond (the rule sets no paid or for-hire condition; the only carve-out is the person's own employer's property). (2) A landowner's own non-agricultural use of a restricted use pesticide. 7 Pa. Code § 128.41(a)(1)-(2) [7]
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  (a) A person is deemed to be a commercial or public applicator and required to be certified if one or more of the following criteria are met: (1) A person who applies or supervises the application of a pesticide on an easement or on the property or premises of another (other than his employer). This includes the use of a pesticide exempted from Federal registration under § 128.91 ... (2) A person who applies or supervises the use of a restricted use pesticide on property owned by him or his employer when not applied for the purpose of producing an agricultural product.

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• DefinitionCommercial and public applicators must be certified in one or more applicator categories. Category (9), 'Aquatic pest control', covers the use of a pesticide on standing or running water, except public health-related uses covered by Category (16), Public health invertebrate pest control.

  Applies when: Anyone required to hold commercial/public certification who treats ponds 7 Pa. Code § 128.42(9) [7]
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  A commercial or public applicator applying or supervising the application of a pesticide shall be certified in one or more of the following applicator categories: ... (9) Aquatic pest control—The use of a pesticide on standing or running water, excluding the use of a pesticide in a public health-related activity described in paragraph (16).

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• RequirementNo person may engage in the business of applying pesticides on the lands of another without a current, valid license. Each business, public utility, government agency or other entity that applies pesticides, or contracts for their application, and meets the definition of 'commercial applicator' must hold a license stating its categories. No license may be issued or remain valid unless the business has a certified applicator in its employ at all times. No license is required of a private applicator.

  Applies when: Company treating ponds for customers Pennsylvania Pesticide Control Act of 1973, §§ 8(m), 15.1(a) [8]
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  (m) No person shall engage in the business of applying pesticides on the lands of another without first obtaining a current, valid license ... (a) Each business ... or other entity engaged in applying or contracting for the application of pesticides, as meets the definition of "commercial applicator," shall hold a license stating those categories in which it is to do business. ... nor shall any license remain valid unless such business, public utility or agency has a certified applicator in its employ at all times. No license shall be required of any private applicator.

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

• RequirementDEP's instructions say that, in general, pesticide applicator certification is not required for an applicant who uses a general use pesticide in a surface water on his or her own (or employer's) property, but certification ("Category 9 - Aquatic Pest Control") is generally necessary to use a restricted use pesticide there, or when someone who is not the applicant's employee is hired to apply either general or restricted use pesticides. Applicants are encouraged to confirm with the Department of Agriculture's Bureau of Plant Industry.

  Applies when: Who may physically apply the pesticide DEP/PFBC, Application Instructions (3800-PM-BCW0094a, Rev. 5/2025), § II, Applicant Information item 4, NOTE [5]
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  Applicants are encouraged to contact the PA Department of Agriculture, Bureau of Plant Industry ... In general, certification is not required if you – as the applicant – propose to use a general use pesticide in a surface water that is located on your own property or your employer’s property. If you propose to use a restricted use pesticide in a surface water that is located on your own property or your employer’s property, or you decide to hire someone to conduct ... general use or restricted use pesticide applications who is not your employee, certification is generally necessary

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water / Fish and Boat Commission (opens in a new tab)

• RequirementThe Clean Streams Law makes it unlawful for any person to put or place into any waters of the Commonwealth (which include ponds), or to allow to be discharged from their property into those waters, any substance of any kind that results in pollution, and declares such a discharge a nuisance.

  Applies when: Placing any substance, including a sealant or flocculant, into a pond Clean Streams Law § 401, 35 P.S. § 691.401 [9]
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  It shall be unlawful for any person or municipality to put or place into any of the waters of the Commonwealth, or allow or permit to be discharged from property owned or occupied by such person or municipality into any of the waters of the Commonwealth, any substance of any kind or character resulting in pollution as herein defined. Any such discharge is hereby declared to be a nuisance.

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Which pond treatments need the joint chemical-use permit

DEP's pesticide permitting FAQ (rev. February 21, 2025) says anyone planning to use an algicide, herbicide or fish-control chemical in surface waters must obtain joint DEP and Fish and Boat Commission approval, and that annual treatment-area thresholds do not apply: any use requires a joint approval. The Commission's application page also says a joint permit is required to use algicides, herbicides or fish-control chemicals in surface waters, and applies DEP's Chapter 92a definition of surface waters, which lists ponds; whether any exemption exists for a lined, isolated or ornamental pond is listed below as not confirmed. [4][15]

DEP's sample joint permit (Rev. 5/2024) recites the Clean Streams Law among its authorities, and that law defines waters of the Commonwealth to include impoundments, ditches, dammed water and ponds, whether natural or artificial. DEP's FAQ adds that wetlands, including seasonal or intermittent wetlands, are surface waters under Chapter 92a, so a joint Chapter 91 permit is required for all pesticide applications to wetlands. [4][6][9]

The Commission's pond-management page says chemical control of algae requires this permit, that the algicide must be registered with U.S. EPA and labeled for aquatic use, and that for emergent plants such as phragmites, purple loosestrife or cattail the permit is required if the control area contains water. [11]

DEP says chemicals applied to water for purposes other than controlling pests are not pesticides and are not subject to the NPDES pesticide requirements; its example is alum, which controls phosphorus to inhibit algae growth but is not itself an algicide. Using alum or other chemicals to control algae or other pests still requires a joint Chapter 91 permit. [4]

DEP's FAQ says an enzyme that does not act directly on a target pest, such as one that promotes decomposition of organic matter, is not subject to NPDES pesticide permit requirements, but that enzymes could still be considered chemicals under Chapter 91; it tells users to contact its Bureau of Clean Water to learn whether a specific proposal needs a joint permit. [4]

For dye products, DEP distinguishes by how water moves through the pond. A dye may be applied according to the label in a pond recharged only by surface runoff and/or groundwater, or in one with a high-level overflow but no inflow from other surface waters as long as the normal operating depth is below the overflow; where a pond has both inflow from other surface waters and an outflow, dyes and other products that alter the water's appearance generally may not be used unless DEP authorizes them. A dye used to control algae still needs the joint permit. [4]

The Fish and Boat Code separately bars anyone, regardless of intent, from putting any poisonous substance into Commonwealth waters, except that agents of, or persons authorized by, the Commission's executive director may use any method to collect, eradicate or control fish for research and fish management; a violation is a third-degree misdemeanor. The Commission's regulations list the algicide, herbicide or fish-control-chemical permit among examples of permits that may be required for activities in Commonwealth waters. [10][12]

• Size cutoffDEP's pesticide-permitting FAQ states that anyone planning to use an algicide, herbicide or fish control chemical in surface waters must obtain joint approval from DEP and PFBC under 25 Pa. Code § 91.38(2) and 58 Pa. Code § 51.61(b)(18), and that no annual treatment-area threshold applies: any use of such chemicals requires a joint approval.

  Applies when: Any amount of algicide, herbicide or fish control chemical used in surface waters DEP, Water Quality Permitting for Pesticide Applications FAQ (rev. Feb. 21, 2025), FAQ #2 [4]
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  Entities planning to use an algicide, herbicide or fish control chemical in surface waters must obtain joint approval from DEP and PFBC under 25 Pa. Code § 91.38(2) and 58 Pa. Code Chapter 51.61(b)(18). Annual treatment area thresholds do not apply to such uses (i.e., any use of such chemicals require a joint approval).

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• RequirementThe Fish and Boat Commission's application page states that a joint approval or permit from DEP and PFBC ("joint permit") is required for the use of algicides, herbicides or fish control chemicals in surface waters, and it applies the 25 Pa. Code § 92a.2 definition of surface waters, which includes ponds.

  Applies when: Algicide, herbicide or fish control chemical use in surface waters, including ponds PFBC, "Apply for Use of Algicide, Herbicide or Fish Control Chemicals in Commonwealth Waters" (pa.gov), About the Permit [15]
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  In accordance with Department of Environmental Protection (DEP) and Pennsylvania Fish and Boat Commission (PFBC) regulations, a joint approval or permit is required from DEP and PFBC for the use of algicides, herbicides or fish control chemicals in surface waters (“joint permit”). ... Surface waters are defined at 25 Pa. Code § 92a.2 as “perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps and estuaries,

  Open Pennsylvania Fish and Boat Commission (pa.gov) (opens in a new tab)

• AgencyDEP's sample joint permit (a template, Rev. 5/2024) recites that it is issued in compliance with The Clean Streams Law (35 P.S. § 691.1 et seq.), 25 Pa. Code § 91.38 and the Fish and Boat Code at 30 Pa.C.S. § 2504(a)(1), and it carries separate approval blocks for the Fish and Boat Commission and for DEP.

  Applies when: Joint DEP/PFBC chemical-use permits DEP/PFBC, Joint Permit for Use of an Algicide, Herbicide or Fish Control Chemical in Waters of the Commonwealth - SAMPLE (3800-PM-BCW0094c, Rev. 5/2024), p. 1-2 [6]
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  In compliance with the provisions of Pennsylvania's Clean Streams Law, as amended, 35 P.S. §§ 691.1 et seq., the regulations at 25 Pa. Code § 91.38, and the Fish and Boat Code, 30 Pa. C.S. § 2504(a)(1), ... For the Pennsylvania Fish and Boat Commission: ... For the Department of Environmental Protection:

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water / Fish and Boat Commission (opens in a new tab)

• DefinitionThe Clean Streams Law defines "waters of the Commonwealth" to include impoundments, ditches, lakes, dammed water, ponds, springs and all other bodies or channels of conveyance of surface and underground water, whether natural or artificial.

  Applies when: Applying the Clean Streams Law (the authority for 25 Pa. Code Chapter 91) to ponds Clean Streams Law § 1, 35 P.S. § 691.1 (definition of "Waters of the Commonwealth") [9]
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  "Waters of the Commonwealth" shall be construed to include any and all rivers, streams, creeks, rivulets, impoundments, ditches, water courses, storm sewers, lakes, dammed water, ponds, springs and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.

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• RequirementWetlands, including seasonal or intermittent wetlands, are surface waters under Chapter 92a, so DEP requires a joint Chapter 91 permit for all applications of pesticides to wetlands.

  Applies when: Pesticide applications to wetlands, including seasonal or intermittent wetlands DEP, Water Quality Permitting for Pesticide Applications FAQ (rev. Feb. 21, 2025), FAQ #3 [4]
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  Wetlands, including seasonal or intermittent wetlands, are defined as surface waters by Chapter 92a. Therefore, a joint Chapter 91 permit is required for all applications of pesticides to wetlands.

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• RequirementThe Fish and Boat Commission's pond-management page says chemical control of algae requires the Permit for Use of an Algicide, Herbicide or Fish Control Chemical in Waters of the Commonwealth, that the algicide must be registered with U.S. EPA and labeled for aquatic use, and that the permit is reviewed by PFBC and DEP; for emergent plants (e.g., phragmites, purple loosestrife, cattail) the permit is required if the control area contains water.

  Applies when: Chemical control of algae, submerged, floating or emergent plants in a pond PFBC, "Pond Management" (pa.gov), FAQ on algae and emergent plants [11]
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  Chemical control of algae requires a Permit For Use of an Algicide, Herbicide or Fish Control Chemical in Waters of the Commonwealth. Application and instruction forms are available online. The algicide chosen must be registered with the U. S. EPA and labeled for aquatic use. This permit is reviewed by the Fish and Boat Commission and Department of Environmental Protection. ... A Permit for Use of an Algicide, Herbicide or Fish Control Chemical in Waters of the Commonwealth is required if the control area contains water.

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• On enzyme products, DEP says an enzyme that is not designed to act directly on a target pest (for example, one that promotes decomposition of organic matter) is not subject to NPDES pesticide permit requirements, but enzymes could be considered chemicals under Chapter 91, and DEP tells users to contact its Bureau of Clean Water to learn whether a specific proposal needs a joint Chapter 91 permit.

  Applies when: Enzyme or similar non-pesticide pond treatment products DEP, Water Quality Permitting for Pesticide Applications FAQ (rev. Feb. 21, 2025), FAQ #24 [4]
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  If an enzyme will not target a target pest organism directly, it would not be subject to NPDES permit requirements. For example, an enzyme that promotes decomposition of organic matter would not be subject to permit requirements. However, enzymes could be considered chemicals under Chapter 91. Contact the Bureau of Clean Water to determine if your specific proposal would require a joint Chapter 91 permit.

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• RequirementFor dye products, whether used to control algae or only for appearance, DEP distinguishes by pond hydrology: in a surface water that is not a flow-through system (for example, a golf-course or farm pond recharged only by surface runoff and/or groundwater), the product may be applied according to the label; where the water body has a high-level overflow but no inflow from other surface waters, it may be applied according to the label as long as the normal operating depth is below the high-level overflow; but where the pond has both inflow from other surface waters and an outflow, dyes or other products that alter the appearance of the water generally may not be used unless DEP authorizes them. Dyes used to control algae still need the joint Chapter 91 permit.

  Applies when: Dye products (and other appearance-altering products) in ponds with or without inflow/outflow DEP, Water Quality Permitting for Pesticide Applications FAQ (rev. Feb. 21, 2025), FAQ #25 [4]
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  if the product containing dye is applied to a surface water that is not a flow-through system ... recharged only by surface runoff and/or groundwater, the product may be applied according to the label. If there is a high-level overflow ... but no inflow from other surface waters, products may be applied according to the label as long as the normal operating depth is below the high-level overflow. ... if the pond has inflow from other surface waters as well as an outflow, dyes or other products that alter ... the appearance the surface water may generally not be used unless authorized by DEP.

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• RequirementThe Fish and Boat Code prohibits anyone, regardless of intent, from putting electricity, explosives or any poisonous substance into Commonwealth waters, except that agents of, or persons authorized by, the Fish and Boat Commission's executive director may use any method to collect, eradicate or control fish for research and fish management. Violation is a misdemeanor of the third degree, and the section does not repeal or supersede The Clean Streams Law.

  Applies when: Using fish control chemicals (fish toxicants) or other poisonous substances in waters 30 Pa.C.S. § 2504(a)(1), (c), (d) [10]
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  No person, regardless of intent, shall: (1) Put or place in any waters within or on the boundaries of this Commonwealth any electricity, explosives or any poisonous substances except that, for the purposes of research and fish management, agents of or persons authorized by the executive director may use any method or means to collect, eradicate or control fish. ... This section does not repeal or supersede any of the provisions of the act of June 22, 1937 ... known as "The Clean Streams Law." ... commits a misdemeanor of the third degree.

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• RequirementThe Fish and Boat Commission's regulations deem a permit "necessary" under 30 Pa.C.S. § 2502 (disturbance of waterways or watersheds) whenever the activity would violate statutes or regulations administered by the Commission, the Department of Environmental Resources (as the regulation names it), U.S. EPA, the Army Corps of Engineers or local municipalities if done without a permit, and they list the "Permit for use of an algicide, herbicide or fish control chemical in waters of this Commonwealth" among examples of permits that may be required for activities in Commonwealth waters or watersheds.

  Applies when: Activities in waters or watersheds of the Commonwealth that require a permit 58 Pa. Code § 51.61(a), (b)(18) [12]
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  permit shall be deemed necessary under 30 Pa.C.S. § 2502 ... if the activity would be a violation of statutes or regulations administered by the Commission, the Department of Environmental Resources, the United States Environmental Protection Agency, the United States Army Corps of Engineers or local municipalities if the activity were performed without a permit. ... Examples of permits that may be required to undertake specific activities in the waters or watersheds of this Commonwealth ... (18) Permit for use of an algicide, herbicide or fish control chemical in waters of this Commonwealth.

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Applying for the joint permit: where, who, fees and term

The applicant submits one signed application (form 3800-PM-BCW0094b) to DEP for each site, meaning all water bodies on a single tax parcel or on contiguous tax parcels, with no more than 20 water bodies per permit; applications may be filed electronically through DEP's Public Upload with Payment tool. DEP receives every application and takes the final action on it; when the Commission receives an application, it forwards its comments to DEP; and DEP's regional offices review applications for treatment areas in their region. [4][5]

The applicant must be the person or group responsible for the water body and have valid legal standing to request treatment; the form asks whether the applicant owns or leases all of the land on which the water lies. [5]

For each water body the form asks whether it holds fish or other aquatic organisms, whether it is open to public fishing (if so, the Commission may object to treatment or require limits on it), whether it overflows at least part of the year, and its surface area in acres and average depth in feet. The number of treatments and the type and amount of pesticide for each treatment must be clearly stated. [5]

Each proposed product must be registered with U.S. EPA, labeled for aquatic use and listed with the PA Department of Agriculture, and the proposed maximum dose must be within the label's dose range. If potential users of the treated water could be affected, they must be notified at least one day before treatment. [5]

DEP's fee regulation (25 Pa. Code § 91.22) sets the Joint Pesticides Permit fee at $250 for a new permit or reissuance, $100 for an amendment and $50 for a transfer, payable to the "Commonwealth of Pennsylvania". Federal or Commonwealth agencies or independent Commonwealth commissions that fund DEP's water quality management program under a mutual agreement, and municipalities currently designated as financially distressed by the Department of Community and Economic Development, may be exempt. [1]

DEP's instructions (Rev. 5/2025) say joint permits do not expire, but a new application is required to amend coverage for changes to the water bodies treated, increases in the maximum dose or number of annual treatments, or a change of pesticide, unless the new product has the same active ingredients at the same or a lower percent composition. DEP's FAQ describes permit terms differently (see Conflicts). [4][5]

• ProcessThe applicant submits to DEP one signed joint permit application (form 3800-PM-BCW0094b) for each site; a "site" is all water bodies on a single tax parcel or on contiguous tax parcels, and no more than 20 water bodies are covered under each permit. Applications may be submitted electronically through DEP's Public Upload with Payment tool. For each water body, the number of treatments and the type and amount of pesticide per treatment must be clearly stated.

  Applies when: Applying for a joint DEP/PFBC chemical-use permit DEP/PFBC, Application Instructions (3800-PM-BCW0094a, Rev. 5/2025), §§ I.B, I.D [5]
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  Complete and submit to DEP one (1) signed joint permit application form (3800-PM-BCW0094b) for each site. Application materials may be submitted electronically using DEP’s Public Upload with Payment tool. ... For the purposes of this permit, a site is considered all waterbodies on a single tax parcel or contiguous tax parcels. No more than twenty (20) water bodies will be covered under each permit. ... The number of treatments and type and amount of pesticide to be used in each treatment for each water body must be clearly stated.

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water / Fish and Boat Commission (opens in a new tab)

• AgencyDEP receives all joint Chapter 91 permit applications. PFBC receives applications only for proposals to control fish populations in surface waters and proposals to control aquatic plants in flowing waters (not ponds or lakes); when PFBC receives one, it forwards its comments to DEP, and DEP takes the final action on the application. DEP regional offices review applications whose treatment areas lie within their region.

  Applies when: Which agency reviews and decides a joint Chapter 91 permit DEP, Water Quality Permitting for Pesticide Applications FAQ (rev. Feb. 21, 2025), FAQs #26-#27 [4]
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  DEP is the recipient of all joint Chapter 91 permit applications. PFBC receives permit applications only for: 1. Proposals to control fish populations in surface waters; and 2. Proposals to control aquatic plants in flowing waters (e.g., not in ponds or lakes). If PFBC receives a joint Chapter 91 permit application, it forwards its comments to DEP. DEP takes the final action on joint Chapter 91 permit applications. ... DEP regional offices reviews both NPDES and joint Chapter 91 permit applications where treatment areas are contained within the regional boundaries.

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• RequirementThe applicant must be the person or group responsible for the water body to be treated and must have valid legal standing to request treatment; the form asks whether the applicant is the owner or lessee of all of the land on which the water is located.

  Applies when: Who may apply for the joint chemical-use permit DEP/PFBC, Application Instructions (3800-PM-BCW0094a, Rev. 5/2025), § II, Applicant Information items 1-2 [5]
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  Indicate the name of the person or group responsible for the water body for which treatment is requested and list an Employer ID# (EIN) if the applicant is a business or corporation. You must have valid legal standing to request treatment. ... Indicate whether the applicant is the owner or lessee of all of the land on which the water to be treated is located

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water / Fish and Boat Commission (opens in a new tab)

• ProcessFor each water body the application asks whether it contains fish or other aquatic organisms (important because trout, warmwater fish and triploid grass carp tolerate chemicals differently); whether it is open to public fishing (if so, PFBC may object to treatment or require limits on it); whether it overflows at least part of the year; and its total surface area in acres and average depth in feet.

  Applies when: Completing the water-body section of the joint permit application DEP/PFBC, Application Instructions (3800-PM-BCW0094a, Rev. 5/2025), § II, Water Body Information items 4-8 [5]
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  Indicate if the water body contains fish or other aquatic organisms. ... This answer is important because trout, warmwater fish and triploid grass carp have varying tolerances for different chemicals. 5. Indicate whether the water body is open to public fishing. If so, PFBC may have objections to treatment or otherwise require limitations on treatment. ... 6. Does the water body overflow at least part of the year? ... 8. Provide the water body’s total surface area in acres and the average depth in feet.

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water / Fish and Boat Commission (opens in a new tab)

• RequirementFor each pesticide proposed, the application gives the product name, manufacturer and EPA registration number; the product must be registered with U.S. EPA, labeled for aquatic use, and listed with the PA Department of Agriculture. The proposed maximum dose must be within the dose range on the product label, and the applicant reports the total area to be treated in a calendar year and the number of treatments per calendar year.

  Applies when: Products and doses proposed in a joint permit application DEP/PFBC, Application Instructions (3800-PM-BCW0094a, Rev. 5/2025), § II, Treatment Information item 1 [5]
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  Product proposed for use must be registered with the Environmental Protection Agency (EPA), labeled for aquatic use, and listed with the PA Department of Agriculture. ... Manufacturer – the company that produces the pesticide proposed for use. ... EPA Reg # – the registration number assigned by EPA for the pesticide. ... The dose must be within the dose range on the product label. ... Treatment Area – list the total area to be treated throughout a calendar year by each pesticide. ... No. Treatments – enter the number of treatments per calendar year.

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water / Fish and Boat Commission (opens in a new tab)

• RequirementIf potential users of the treated water could be affected, they must be notified at least one day before treatment; the application asks whether notification has occurred or will occur and whether the applicant knows of any objections from potential users of the treated water.

  Applies when: Treatments that could affect downstream or other users of the water DEP/PFBC, Application Instructions (3800-PM-BCW0094a, Rev. 5/2025), § II, Notification and Applicant Certification item 1 [5]
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  If potential users of treated water could be affected by treatment, notification at least one day in advance is required. Recognize that products applied to water can drift to non-target areas or be discharged downstream. Indicate if notification has occurred by the time the application is submitted or will occur prior to treatment. Indicate if you are aware of any objections to treatment from potential users of treated water.

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water / Fish and Boat Commission (opens in a new tab)

• FeeDEP's water quality management fee regulation sets the "Joint Pesticides Permit" application fees at $250 for a new permit or reissuance, $100 for an amendment and $50 for a transfer, payable to the "Commonwealth of Pennsylvania." Federal or Commonwealth agencies or independent Commonwealth commissions that fund DEP's water quality management program under a mutual agreement, and municipalities currently designated as financially distressed by the Department of Community and Economic Development, may be exempt.

  Applies when: Joint DEP/PFBC pesticides (Chapter 91) permit applications 25 Pa. Code § 91.22(a), (d) [1]
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  shall be accompanied by a fee payable to ‘‘Commonwealth of Pennsylvania’’ ... | Joint Pesticides Permit | New and Reissuance | $250 | | Amendment | $100 | | Transfer | $50 ... Any Federal or Commonwealth agency or independent Commonwealth commission that provides funding to the Department for the implementation of the WQM program through terms and conditions of a mutual agreement and any municipality that is currently designated as a financially distressed municipality ... may be exempt from the fees in this section.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• ProcessJoint permits do not expire, but a new application (3800-PM-BCW0094b) must be submitted to amend coverage whenever the permittee proposes (1) changes to the water bodies being treated, (2) increases in the maximum dose or the number of annual treatments for any water body, or (3) a change in the pesticide used, unless the new product has the same active ingredient(s) at the same or a lower percent composition.

  Applies when: Changes to an existing joint chemical-use permit DEP/PFBC, Application Instructions (3800-PM-BCW0094a, Rev. 5/2025), § I.E [5]
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  Joint permits do not expire. When any of the following changes are proposed, a new application (3800-PM-BCW0094b) must be submitted to the appropriate agency(ies) to amend the joint permit coverage: 1. Changes to the water bodies being treated. 2. Increases in the maximum dose or to the number of annual treatments for any water body. 3. Changes in the pesticide(s) used for treatment, unless the new pesticide(s) contain the same active ingredient(s) and the same or a lower percent composition in comparison to the pesticide(s) previously approved by DEP/PFBC.

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water / Fish and Boat Commission (opens in a new tab)

• TimelineDEP's FAQ describes joint Chapter 91 permits as "typically" issued without expiration dates, noting that joint permits were historically issued for 3-year terms (special protection HQ or EV waters) or 5-year terms (other waters) and that in some cases these terms may be applied in renewed permits.

  Applies when: Term of a joint Chapter 91 permit DEP, Water Quality Permitting for Pesticide Applications FAQ (rev. Feb. 21, 2025), FAQ #10 [4]
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  Joint Chapter 91 permits are typically issued without expiration dates. Historically, joint permits were issued for 3- or 5-year terms (3 years for applications to special protection (HQ or EV) waters and 5 years for applications to non-special protection waters) and in some cases these terms may be applied in renewed permits.

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Standard permit conditions and NPDES pesticide coverage

The standard conditions in DEP's sample joint permit (Rev. 5/2024) require pesticides to be used strictly as the label describes, and allow a pond, lake or reservoir to be treated only when there is minimal or no outflow occurring or expected. [6]

They bar treating Commission-approved stocked trout waters between February 15 and June 1, and bass waters during the first week of the inland bass harvest season (the second Saturday in June through the following Saturday). [6]

The standard conditions also bar applying copper sulfate above 0.5 mg/L Cu2+ (1.36 lbs CuSO4 per acre-foot) where total hardness is less than 50 mg/L CaCO3, or above 1.0 mg/L Cu2+ (2.72 lbs CuSO4 per acre-foot) where total hardness exceeds 50 mg/L CaCO3. Under the same conditions, water bodies with stocked or wild trout may not be treated with copper in excess of 0.1 mg/L Cu2+. [6]

A water body with very high plant densities must be treated separately, in sections, to prevent fish suffocation, with dissolved-oxygen monitoring recommended. The permittee is responsible for all damage to aquatic life and human health resulting from treatment, and failing to follow the approved conditions immediately voids the permit. Treatments must also comply with any applicable NPDES coverage, and the permittee must comply with the Department of Agriculture's pesticide licensing requirements. [6]

NPDES pesticide coverage is a separate requirement. DEP says a non-government applicant must apply for it only when treating weeds, algae or animal pests over at least 80 acres of water or 20 continuous linear miles at the water's edge, or for pest control over at least 6,400 acres (for example, mosquito spraying); state or federal agencies with pest management as an integral part of their mission have no threshold. [2][4]

Applications below the thresholds are automatically covered by the PAG-15 General Permit (effective October 29, 2023, expiring October 28, 2028) and remain subject to its requirements, except where it excludes them, and to federal FIFRA; any application directly to surface waters still requires the joint permit. Where both permits are required, DEP may fold the joint permit's terms into an individual NPDES permit. [2][4]

• RequirementThe standard joint permit requires pesticides to be used strictly as described on the product label and in line with existing pesticide laws and any local or state conditions, and allows a standing body of water (pond, lake, reservoir) to be treated only when there is minimal or no outflow occurring or expected.

  Applies when: Treating a pond under a joint permit DEP/PFBC, Joint Permit SAMPLE (3800-PM-BCW0094c, Rev. 5/2024), Conditions 1-2 [6]
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  1. The permittee shall use pesticides strictly as described by the product label. Chemical applications shall be performed in accordance with the manufacturer’s label directions, existing pesticide use laws, and any conditions imposed by local or state agencies. 2. The permittee may treat a standing body of water (i.e., pond, lake, reservoir, etc.) only when there is minimal or no outflow occurring or expected.

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water / Fish and Boat Commission (opens in a new tab)

• RequirementThe standard conditions in DEP's sample joint permit bar treating Fish and Boat Commission approved stocked trout waters between February 15 and June 1, and bar treating bass waters during the first week of the Commonwealth inland waters harvest season for bass (the second Saturday in June through the following Saturday).

  Applies when: Stocked trout waters or bass waters DEP/PFBC, Joint Permit SAMPLE (3800-PM-BCW0094c, Rev. 5/2024), Conditions 3-4 [6]
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  3. The permittee shall not treat Fish and Boat Commission approved stocked trout waters between February 15 and June 1. 4. The permittee shall not treat bass waters during the first week of the Commonwealth inland waters harvest season for bass (the second Saturday in June through the following Saturday).

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water / Fish and Boat Commission (opens in a new tab)

• Size cutoffUnder the standard conditions in DEP's sample joint permit, copper sulfate may not be applied at a dose exceeding 0.5 mg/L Cu2+ (1.36 lbs CuSO4 per acre-foot) where total hardness is less than 50 mg/L CaCO3, or exceeding 1.0 mg/L Cu2+ (2.72 lbs CuSO4 per acre-foot) where total hardness exceeds 50 mg/L CaCO3; water bodies containing stocked or wild trout may not be treated with copper in excess of 0.1 mg/L Cu2+.

  Applies when: Copper sulfate or other copper treatments DEP/PFBC, Joint Permit SAMPLE (3800-PM-BCW0094c, Rev. 5/2024), Conditions 5-6 [6]
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  5. If copper sulfate will be used, the permittee shall not apply copper sulfate at a dose exceeding 0.5 mg/L Cu2+ or 1.36 lbs CuSO4/acre-foot where the total hardness of the water body is less than 50 mg/L CaCO3. Where total hardness exceeds 50 mg/L CaCO3, the permittee shall not exceed a dose of 1.0 mg/L Cu2+ or 2.72 lbs CuSO4/acre-foot. 6. The permittee shall not treat water bodies containing stocked or wild trout with copper in excess of 0.1 mg/L Cu2+.

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water / Fish and Boat Commission (opens in a new tab)

• RequirementWhere plant density is very high, the permittee must treat the water body separately in sections to prevent fish suffocation, with dissolved-oxygen monitoring recommended. The permittee is responsible for all damage to aquatic life and human health resulting from treatment, and failure to follow the approved specifications and conditions immediately renders the permit null and void.

  Applies when: Treating ponds that contain fish and dense vegetation DEP/PFBC, Joint Permit SAMPLE (3800-PM-BCW0094c, Rev. 5/2024), Conditions 7-9 [6]
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  7. The permittee shall treat water bodies containing very high plant densities separately, in sections, to prevent suffocation of fish. Monitoring of dissolved oxygen is recommended under these conditions. 8. The permittee is responsible for all damages to aquatic life and human health resulting from treatment. ... Failure of the permittee or agents acting on behalf of the permittee to follow the approved specifications, conditions and requirements immediately renders this permit null and void.

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water / Fish and Boat Commission (opens in a new tab)

• RequirementThe joint permit also requires treatments to comply with any applicable NPDES permit coverage and requires the permittee to comply with the PA Department of Agriculture's pesticide licensing requirements for the approved applications.

  Applies when: All joint permit treatments DEP/PFBC, Joint Permit SAMPLE (3800-PM-BCW0094c, Rev. 5/2024), Conditions 10-11 [6]
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  10. If applicable, treatments must also comply with the terms and conditions of NPDES permit coverage. 11. The permittee shall comply with pesticide licensing requirements established by the Pennsylvania Department of Agriculture for the applications approved under this permit.

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water / Fish and Boat Commission (opens in a new tab)

• Size cutoffSeparately from the joint permit, a pesticide NPDES permit is required for non-government applicants only when pesticides will be applied (1) for pest control over at least 6,400 acres (e.g., mosquitoes), or (2) for control of weeds, algae or animal pests over at least 80 acres of water or 20 continuous linear miles at the water's edge; state or federal agencies with pest management as an integral part of their mission have no threshold.

  Applies when: Deciding whether NPDES pesticide coverage (PAG-15 or individual permit) must be applied for DEP, "Apply for Pesticide Usage Permit" (pa.gov), When a permit is required [2]
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  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

  Open Pennsylvania Department of Environmental Protection (pa.gov) (opens in a new tab)

• ExemptionEntities that apply pesticides below the NPDES thresholds are automatically covered under the PAG-15 General Permit and need not apply for NPDES coverage, but their applications remain subject to PAG-15's requirements (except where the permit excludes them) and all entities must continue to comply with the federal FIFRA. Any pesticide application directly to surface waters still requires a joint DEP-PFBC Chapter 91 permit.

  Applies when: Pond treatments below the 80-acre / 20-mile NPDES thresholds DEP, Water Quality Permitting for Pesticide Applications FAQ (rev. Feb. 21, 2025), FAQs #7 and #20 [4]
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  Entities that apply pesticides below the thresholds are automatically covered under the PAG-15 General Permit and are not required to apply for NPDES permit coverage. The application of pesticides below the thresholds is subject to the requirements of the PAG-15 General Permit, except where specifically excluded in the Permit language. All entities must continue to comply with the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). ... However, any pesticide application directly to surface waters requires a joint DEP-FBC Chapter 91 permit.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• StatusThe current PAG-15 General NPDES Permit for pesticide discharges took effect October 29, 2023 and expires October 28, 2028. Both a joint DEP/PFBC permit and an NPDES permit may be required before pesticides are applied, in which case DEP may fold the joint permit's terms into an individual NPDES permit.

  Applies when: Pesticide applications that also need NPDES coverage DEP, "Apply for Pesticide Usage Permit" (pa.gov), How to Apply for an NPDES Permit [2]
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  The current version of the PAG-15 General NPDES Permit became effective on October 29, 2023 and will expire on October 28, 2028. ... 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.

  Open Pennsylvania Department of Environmental Protection (pa.gov) (opens in a new tab)

Sealants and flocculants: what the rules do and do not say

As noted above, § 91.38 names algicides, herbicides and fish-control chemicals but not sealants or flocculants; whether a sealant or flocculant added to a pond that holds water needs a joint permit is listed below as not confirmed. The Clean Streams Law's prohibition covers both putting a substance that results in pollution into waters of the Commonwealth and allowing one to be discharged into them from one's property, and the law declares such a discharge a nuisance. [1][9]

The law defines pollution as contamination that creates or is likely to create a nuisance or to make the waters harmful to public health, safety or welfare or to fish or other aquatic life (the definition lists other uses too), and it includes contamination by altering the waters' physical, chemical or biological properties or changing their color. DEP's Chapter 91 also requires anyone storing, using or applying pollutants to take necessary measures to keep them from directly or indirectly reaching waters of the Commonwealth, and lets DEP require a report or plan. [1][9]

Pennsylvania's general water quality criteria list substances that produce color or turbidity or settle to form deposits among those to be controlled. As noted above, the Fish and Boat Code bars letting any substance deleterious, destructive or poisonous to fish into Commonwealth waters; in a prosecution for water pollution known to be injurious to fish, the Commonwealth need not prove that any particular fish was killed or harmed. The Code also makes it a third-degree misdemeanor to alter or disturb any water or fish habitat in any manner that might cause damage to, or loss of, fish without the necessary permits. [10][16]

DEP's list of alternative erosion-and-sediment BMPs for Chapter 102 earth-disturbance projects (revised February 11, 2026) addresses polyacrylamide (PAM) flocculants used for stormwater. Anionic PAM needs no Bureau of Clean Water approval where treated stormwater flows into a sediment trap or basin, but needs that approval where treated stormwater flows directly to surface waters or storm sewers without settling in a trap or basin, or when the PAM is applied directly to traps or basins; any flocculant or material containing cationic PAM is prohibited for stormwater treatment. Whether these rules apply to polymer pond sealants used outside construction stormwater control is listed below as not confirmed. [17]

DEP's Chapter 105 definitions include an artificial pond as a "body of water", define an "encroachment" as a structure or activity that changes, expands or diminishes the course, current or cross section of a body of water, and define "fill" to include material used to change the bottom elevation of a regulated water of the Commonwealth; whether a sealing layer on a drained pond bed counts as fill, an encroachment or maintenance is listed below as not confirmed. For artificial ponds with non-jurisdictional dams, DEP's pond guidance says repair and maintenance of the dam needs no DEP permit or approval (an erosion and sedimentation (E&S) control plan must still be implemented), and that any activity that changes the pond's cross-section and does not qualify as maintenance needs a Water Obstruction and Encroachment Permit from the DEP regional office. Its FAQ adds that repair work on a leaking non-jurisdictional dam is not regulated under Chapter 105, while for a jurisdictional dam it directs owners to DEP's Division of Dam Safety to determine the regulatory requirements. [18][19]

DEP adds that, whether or not the pond activities its guidance describes need Chapter 105 authorization, an E&S plan and E&S best management practices are required under Chapter 102. It also says federal Clean Water Act Section 404 authorization is required to discharge fill into waters of the United States, and that this may include any of the pond activities it describes. The "Repairing, sealing or draining an existing pond" section covers these rules in more detail. [19]

• RequirementThe Fish and Boat Code also prohibits anyone, regardless of intent, from allowing any substance deleterious, destructive or poisonous to fish to run, flow, wash or be emptied into any Commonwealth waters; in a prosecution for pollution known to be injurious to fish, the Commonwealth need not prove that any particular fish was actually killed or harmed.

  Applies when: Any product (including sealants or flocculants) that could reach waters in a form harmful to fish 30 Pa.C.S. § 2504(a)(2), (b) [10]
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  (2) Allow any substance, deleterious, destructive or poisonous to fish, to be turned into or allowed to run, flow, wash or be emptied into any waters within or bordering on this Commonwealth. (b) Evidence.--In criminal prosecutions under this section for water pollution known to be injurious to fish, it is not necessary to prove that the violation has actually caused the death of, or damage to, any particular fish.

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

• DefinitionThe Clean Streams Law defines "pollution" as contamination of any waters of the Commonwealth that creates or is likely to create a nuisance or to render the waters harmful, detrimental or injurious to public health, safety or welfare or to fish or other aquatic life (among other uses), including alteration of the water's physical, chemical or biological properties, change in its temperature, taste, color or odor, or the discharge of liquid, gaseous, radioactive, solid or other substances into the waters.

  Applies when: Judging whether a product placed in a pond could be "pollution" Clean Streams Law § 1, 35 P.S. § 691.1 (definition of "Pollution") [9]
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  "Pollution" shall be construed to mean contamination of any waters of the Commonwealth such as will create or is likely to create a nuisance or to render such waters harmful, detrimental or injurious to public health, safety or welfare, ... fish or other aquatic life, including but not limited to such contamination by alteration of the physical, chemical or biological properties of such waters, or change in temperature, taste, color or odor thereof, or the discharge of any liquid, gaseous, radioactive, solid or other substances into such waters.

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

• RequirementPennsylvania's general water quality criteria bar waters from containing substances from point or nonpoint source discharges in amounts harmful to protected water uses or to human, animal, plant or aquatic life, and specifically list substances that produce color, tastes, odors, turbidity or settle to form deposits among those to be controlled.

  Applies when: Products that cloud water or settle out (turbidity, deposits) in waters of the Commonwealth 25 Pa. Code § 93.6(a)-(b) [16]
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  (a) Water may not contain substances attributable to point or nonpoint source discharges in concentration or amounts sufficient to be inimical or harmful to the water uses to be protected or to human, animal, plant or aquatic life. (b) In addition to other substances listed within or addressed by this chapter, specific substances to be controlled include, but are not limited to, floating materials, oil, grease, scum and substances that produce color, tastes, odors, turbidity or settle to form deposits.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• RequirementDEP's list of reviewed alternative erosion-and-sediment BMPs for Chapter 102 earth-disturbance projects (revised Feb. 11, 2026) says that anionic polyacrylamide (PAM) soil binders and flocculants may be used without Bureau of Clean Water approval where treated stormwater will flow into a sediment trap or basin; Bureau of Clean Water approval is required before using anionic PAM where treated stormwater will flow directly to surface waters or storm sewers without settlement in a sediment trap or basin, or before applying it directly to sediment traps or basins; and the use of any flocculant or material containing cationic PAM for stormwater treatment is prohibited.

  Applies when: Polyacrylamide flocculants used for stormwater/erosion control on Chapter 102 earth-disturbance projects (not addressed to pond sealing) DEP, Alternative E&S BMPs and PCSM SCMs (rev. Feb. 11, 2026), "Soil Binders and Flocculants with Polyacrylamides" (DEP review date 8/31/2018) [17]
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  The following uses do not require Bureau of Clean Water approval before use: Any use of anionic PAMs where treated stormwater will flow into a sediment trap ... The following uses require Bureau of Clean Water ... approval before use: Any use of anionic PAMs where ... treated stormwater will flow directly to surface waters or ... storm sewers without settlement in a sediment trap or basin, or application directly to sediment traps or basins. The following uses are prohibited: The use of any flocculant or material containing cationic PAMs for stormwater treatment.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• DefinitionIn DEP's Chapter 105 (dam safety and waterway management) definitions, a "body of water" includes a natural or artificial pond; an "encroachment" is a structure or activity that changes, expands or diminishes the course, current or cross section of a watercourse, floodway or body of water; and "fill" is sand, gravel, earth or other material placed to form an embankment or raise the land surface, including material used to change the bottom elevation of a regulated water of the Commonwealth.

  Applies when: Considering whether placing material on a pond bottom is regulated under Chapter 105 25 Pa. Code § 105.1 (definitions of "Body of water", "Encroachment", "Fill") [18]
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  Body of water—A natural or artificial lake, pond, reservoir, swamp, marsh or wetland. ... Encroachment—A structure or activity which changes, expands or diminishes the course, current or cross section of a watercourse, floodway or body of water. ... Fill—Sand, gravel, earth or other material placed or deposited to form an embankment or raise the elevation of the land surface. The term includes material used to replace an area with aquatic life with dry land or to change the bottom elevation of a regulated water of this Commonwealth.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• RequirementFor artificial ponds with non-jurisdictional dams, DEP's pond guidance says its rules do not regulate repair and maintenance of non-jurisdictional dams, so DEP permits and approvals are not required for that work, although an erosion and sedimentation control plan must be implemented. It adds that any activity which changes the cross-section of a pond and does not qualify as maintenance requires a Water Obstruction and Encroachment Permit from the DEP regional office, giving boat docks, piers, islands and expanding the pond's area as examples.

  Applies when: Repair, maintenance or modification work at a pond with a non-jurisdictional dam DEP, "Introduction to Ponds and Chapter 105" (pa.gov), Common Pond Maintenance Activities and Permit Requirements - Artificial Ponds with Non-Jurisdictional Dams [19]
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  Dam/Outlet Repair - The Department’s Rules and Regulations do not regulate the repair and maintenance of non-jurisdictional dams, ... Therefore, permits and approvals from DEP for this work on non-jurisdictional dams is not required. However, an Erosion and Sedimentation Control plan must be implemented. Note: Any activity which changes the cross-section of a pond and does not qualify as maintenance requires a Water Obstruction and Encroachment Permit from the appropriate DEP Regional Office. Example: construction of boat docks, piers, islands, or expanding the area of a pond.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• ExemptionOn a leaking dam or failing outlet pipe, DEP's pond FAQ says: if the dam is jurisdictional, contact DEP's Division of Dam Safety to determine the regulatory requirements; if the dam is non-jurisdictional, the repair work is not regulated under Chapter 105 (DEP's Division of Dam Safety can answer questions).

  Applies when: Repairing a leaking pond dam or outlet DEP, "Introduction to Ponds and Chapter 105" (pa.gov), FAQ "My dam is leaking/my outlet pipe is failing" [19]
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  Question: My dam is leaking/my outlet pipe is failing. What authorization do I need to conduct repairs? Answer: If your dam is jurisdictional, contact DEP’s Division of Dam Safety to determine regulatory requirements. If your dam is non-jurisdictional, repair work is not regulated under Chapter 105. If you have questions contact DEP’s Division of Dam Safety.

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Drawing a pond down before treatment

Drawing down impounded waters inhabited by fish requires a Fish and Boat Commission permit, and the application must be submitted to the Commission's Division of Environmental Services in Bellefonte no later than 30 days before the drawdown starts. The regulation itself serves as a general permit, with no individual application, when the water area drawn down is 1 acre or less and the drawdown needs no other State permit, such as an erosion and sedimentation control permit or a Dams and Waterways Management permit. [12]

The Commission's pond page says the drawdown permit has no fee and is reviewed jointly with DEP. Its application form (updated March 2026) asks whether the impoundment holds fish or other aquatic organisms and where any transferred fish will go, and lists aquatic vegetation control and eliminating unwanted fish species among drawdown purposes. [11][13]

A drawdown permit lets the permittee take, catch, kill or possess fish from the drawn-down water regardless of seasons, sizes, creel limits or manner of taking; disposal must follow State and local law, and salvaged fish may not be stocked into other waters without the owners' permission or into waters the Commission designates as inappropriate for salvaged fish. The "Repairing, sealing or draining an existing pond" section covers drawdowns and the water they release in more detail. [12]

• RequirementA Fish and Boat Commission permit is required, under 30 Pa.C.S. § 3506, to draw down impounded waters inhabited by fish (and to destroy, remove, breach or disturb a dam or similar device in waters inhabited by fish). The completed application must be submitted to PFBC's Division of Environmental Services in Bellefonte no later than 30 days before the drawdown is to start.

  Applies when: Draining or drawing down a pond that holds fish (e.g., to dry the bed before a sealing treatment) 58 Pa. Code §§ 51.81, 51.82 [12]
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  A permit from the Commission is required under section 3506 of the code ... for the following activities: (1) Drawing down impounded waters inhabited by fish. (2) Destruction, removal, breach or disturbance of a dam, deflector, retard or similar device in waters inhabited by fish. ... Division of Environmental Services, 595 East Rolling Ridge Drive, Bellefonte, Pennsylvania 16823. (b) A completed permit application shall be submitted to the address set forth in subsection (a) no later than 30 days prior to proposed commencement of draw down operations.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• ExemptionThe regulations themselves serve as a general permit (no individual application) for a drawdown when the water area to be drawn down is 1 acre or less AND the drawdown is of a type that does not require other State permits, such as erosion and sedimentation control permits and Dams and Waterways Management permits.

  Applies when: Drawdowns of 1 acre or less that need no other State permits 58 Pa. Code § 51.89(a) [12]
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  this section constitutes a general permit for persons to draw down impounded waters without applying for an individual permit when the following circumstances exist: (1) The water area to be drawn down is 1 acre or less. (2) The draw down operations are of a type that do not require other State permits, such as erosion and sedimentation control permits and Dams and Waterways Management permits.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• ProcessPFBC's pond page describes the drawdown permit (Permit to Draw Off Water From Impoundments) as jointly reviewed by DEP's Division of Dam Safety and PFBC, with no fee; it says the permit is required for water bodies with a surface area greater than one acre and for water bodies of any size that need another state permit (such as a DEP dam permit or Water Obstruction and Encroachment Permit), and the application must be submitted at least 30 days before the drawdown.

  Applies when: Planning a pond drawdown PFBC, "Pond Management" (pa.gov), FAQ "What is a draw down permit? When do I need one?" [11]
  Show the source text

  It is a permit jointly reviewed by the Department of Environmental Protection - Division of Dam Safety, ... and the Fish and Boat Commission, ... The permit has no fee associated with it. Draw down permits are required for: Water bodies with a surface area that is greater than one acre; and Water bodies of any size that require another state permit, for example a DEP Dam Permit or a Waterways Obstruction and Encroachment Permit for the proposed project. ... A draw down permit application is to be submitted at least 30 days before a draw down event is to occur.

  Open Pennsylvania Fish and Boat Commission (pa.gov) (opens in a new tab)

• ProcessPFBC's drawdown application (updated March 2026) says it will be reviewed jointly by PFBC and DEP's Bureau of Waterways Engineering. It asks whether the impoundment contains fish or other aquatic organisms and, if fish will be transferred, the destination water and transfer method. Its purpose checklist includes fish/aquatic-life management purposes ("Eliminate unwanted fish species", "Aquatic vegetation control") and "Other (explain)"; a DEP Supplement (Section E) must be completed if the purpose includes any of items 1-7 (dam or spillway repairs or modification, dredging, pond elimination and backfill, shoreline structures, beach renovation or dock work).

  Applies when: Filling out a PFBC drawdown application PFBC, Application to Draw Off Water from Impoundments (PFBC-DD01, updated March 2026), Sections B-D [13]
  Show the source text

  This application will be reviewed jointly by the Pennsylvania Fish and Boat Commission (PFBC) and the Department of Environmental Protection (DEP) Bureau of Waterways Engineering ... Does the impoundment contain fish or other aquatic organisms? ☐ Yes ☐ No ... If fish are to be transferred, provide the destination water: and transfer method: ... *Complete Section E. DEP Supplement if project purpose includes any of items 1 through 7. ... ☐ 11. Eliminate unwanted fish species ... ☐ 13. Aquatic vegetation control ... ☐ 14. Other (explain):

  Open Pennsylvania Fish and Boat Commission (opens in a new tab)

• RequirementA drawdown permit authorizes the permittee to take, catch, kill or possess fish from the drawn-down water regardless of seasons, sizes, creel limits or manner of taking; disposal of fish and aquatic life must follow State and local law, and salvaged fish may not be stocked into other waters without the owners' permission or into waters the Commission designates as inappropriate for salvaged fish.

  Applies when: Handling fish during a permitted drawdown 58 Pa. Code § 51.85(a)-(c) [12]
  Show the source text

  A permit issued under the authority of section 3506 of the code (relating to drawing off or interference with dams or devices) authorizes the permittee to take, catch, kill or possess fish taken from the drawn down waters regardless of seasons, sizes and creel limits or manner of taking. (b) Disposal of fish and aquatic life shall be done in conformance with applicable State and local laws and regulations. (c) It is unlawful to stock fish salvaged as a result of draw down operations in waters without the permission of the owners of the waters.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

Who may apply a pond pesticide: applicator certification

The Department of Agriculture's Bureau of Plant Industry, Division of Health and Safety, regulates pesticides under the Pennsylvania Pesticide Control Act of 1973 (in effect since February 8, 1978) and the Department's regulations at 7 Pa. Code Chapter 128. The Pennsylvania Code website reflects changes through July 4, 2026; most Chapter 128 sections covered here were last amended effective December 11, 2010, and the fee section effective February 17, 2015. [7][8][20]

A person must be certified as a commercial or public applicator to apply or supervise the application of any pesticide on an easement or on another's property (other than their employer's), including pesticides exempt from federal registration, or to use a restricted use pesticide on their own or their employer's property when not producing an agricultural product. Certification is also required, even for general use pesticides on one's own property, in listed settings that include golf courses and the recreational or campground areas of public or private parks; the swimming-pool setting expressly excludes lakes, ponds, rivers or streams. [7][21]

A restricted use pesticide is one classified for restricted use under federal FIFRA § 3(d) or designated for restricted use by the Secretary; any other pesticide is general use. No one may buy or try to buy a restricted use pesticide unless they are a certified or permitted applicator. [7][8]

A private applicator is a certified applicator who uses a restricted use pesticide to produce an agricultural commodity on property they or their employer own or rent. Under the Act, certification requires passing a written exam, after which the applicator receives a permit to buy and use restricted use pesticides ($10, valid for three years); the Department's page says the test is free, the license expires March 31, and renewal takes update training every 3 years and a $10 fee. [8][21]

Commercial certification requires a two-part exam, a core exam and a category exam such as Category 9 for aquatic work; each has 50 multiple-choice questions, needs 35 correct to pass and is taken in person, and if only one part is passed the other must be passed within 1 year. The regulatory exam fees are $50 for core and $10 per category. The Department's page also lists a computer-based option with the line "Extra fees: $110 to take core and $70 per category"; how these charges relate to the regulatory fees is listed below as not confirmed. [7][21]

A commercial applicator must be at least 18 and must apply within 12 months of becoming eligible. The certificate costs $40 a year (no fee when initial certification requires an exam) and expires on September 30 following the date of application, although the Department may issue an extra year when an initial application is filed in the last 2 months of the certification year. Keeping certification requires update training in each certified category every 3 years. [7]

• RequirementThe Department's applicator page gives the same summary. A commercial/public applicator license is needed (1) to use pesticides on another's property, (2) to use restricted use pesticides on your own or your employer's property for a non-agricultural purpose, or (3) even for general use pesticides on your own property in these settings: fumigation, golf courses, public or private parks, educational and research institutions, playgrounds and athletic fields, multifamily housing of 4 or more units, schools, and swimming pools.

  Applies when: Landowner deciding whether they personally need certification to treat their own pond PDA, 'Pesticide Applicators, Registered Technicians, and Certification Exams' (Commercial/Public Pesticide Applicator) [21]
  Show the source text

  What It Is: A commercial/public applicator license is needed to use pesticides on the property of another, to use restricted use pesticides on your own (or employer's) property for a non-agricultural purpose, or in the following instances even when applying general use pesticides on your own (or employer's) property: fumigation, golf courses, public or private parks, educational and research institutions, playgrounds and athletic fields, multifamily housing with 4 or more units, schools, and swimming pools.

  Open Pennsylvania Department of Agriculture (pa.gov) (opens in a new tab)

• RequirementCommercial or public certification is also required, even for general use pesticides on one's own or an employer's property, for applications in certain places. The list includes golf course establishment and maintenance, and recreational or campground areas of public or private parks. The swimming-pool trigger covers pools and 'water recreation facilities associated with a public or private park' but expressly excludes lakes, ponds, rivers or streams.

  Applies when: Pond located on a golf course or in a recreational/campground area of a public or private park 7 Pa. Code § 128.41(a)(3)(ii), (iii), (viii) [7]
  Show the source text

  (3) A person who applies or supervises the application of a pesticide to the following locations ... (ii) Golf courses—Includes a person who uses pesticides in the establishment and maintenance of a golf course. (iii) Public and private parks—Includes a person who uses a pesticide in a recreational or campground area of a public or private park. ... (viii) Swimming pools—Includes a person who uses a pesticide in the care and maintenance of swimming pools or water recreation facilities associated with a public or private park, excluding lakes, ponds, rivers or streams.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• DefinitionA 'restricted use pesticide' is one classified for restricted use under FIFRA § 3(d) or designated for restricted use by the Secretary under § 7(b)(6) of the Act. A 'general use pesticide' is any pesticide not classified for restricted use.

  7 Pa. Code § 128.2 (definitions) [7]
  Show the source text

  General use pesticide—A pesticide not classified for restricted use. ... Restricted use pesticide—The term includes the following: (i) A pesticide classified for restricted use under section 3(d) of FIFRA (7 U.S.C.A. § 136(d)). (ii) A pesticide designated by the Secretary for restricted use under section 7(b)(6) of the act (3 P. S. § 111.27(b)(6)).

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• RequirementNo individual may purchase or attempt to purchase a restricted use pesticide unless he or she is a certified or permitted pesticide applicator. No person may distribute a restricted use pesticide to anyone who is required by law to have a permit or be certified, unless that person has a valid permit or is certified for the kind and quantity of pesticide being distributed.

  Applies when: Anyone buying a restricted use aquatic product Pennsylvania Pesticide Control Act of 1973, § 8(b), (s) [8]
  Show the source text

  (b) No person shall distribute any pesticide classified for restricted use to any person who is required by law to have a permit or to be certified to use or purchase such pesticide unless such person has a valid permit or is certified to use or purchase the kind and quantity of such pesticide proposed to be distributed. ... (s) No individual shall purchase or attempt to purchase any pesticide classified for restricted use, unless such individual is a certified or permitted pesticide applicator.

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

• DefinitionThe Act recognizes four kinds of 'applicator': certified, private, commercial and public. A 'private applicator' is a certified applicator who uses or supervises the use of a restricted use pesticide to produce an agricultural commodity on property owned or rented by him or his employer. It also covers such use on another producer's property if applied with no compensation other than trading of personal services between producers.

  Applies when: Landowner applying a restricted use pesticide for agricultural production Pennsylvania Pesticide Control Act of 1973, § 4(6)(A)-(B) [8]
  Show the source text

  (6) "Applicator" means certified applicator, private applicator, commercial applicator or public applicator. ... (B) "Private applicator" means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or his employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person.

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

• RequirementA private applicator may not use a restricted use pesticide without first being certified, which requires passing a written examination at an approved test site. On passing, the private applicator receives a permit authorizing the purchase and use of restricted use pesticides. The statute sets the permit fee at $10, valid for three years.

  Applies when: Landowner using a restricted use pesticide to produce an agricultural commodity on owned or rented land Pennsylvania Pesticide Control Act of 1973, § 17.2(a), (c) [8]
  Show the source text

  (a) No private applicator shall use any pesticides classified for restricted use without that private applicator first complying with the certification requirements ... To be certified, the private applicator shall pass a written examination administered at an approved test site by the secretary or his agent. ... (c) Upon successful completion of the written examination, the private applicator shall be issued a permit authorizing the purchase and use of restricted use pesticides. Such permit fee shall be ten dollars ($10) and shall be valid for a three-year period.

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

• ProcessCommercial/public competence is determined by a written examination in two parts: a core part covering general information and a second part for the specific category (e.g., aquatic). If only one part is passed, the other must be passed within 1 year. Exam applications, with the fee, must be filed at least 10 working days before the exam date.

  Applies when: Applicant for Category 9 (aquatic) certification 7 Pa. Code § 128.43(b)-(e) [7]
  Show the source text

  (b) An examination for certification will consist of two parts: (1) One part of the examination, the core area, will be based on general information ... (2) The second part of the examination will be based on information related to the specific categories ... (d) If a person successfully completes only one part of the two-part examination, successful completion of the remaining part of the examination shall be obtained within 1 year ... (e) An application to take an examination shall be filed along with the appropriate fee with the Department at least 10 working days prior

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• ProcessThe Department's exam page says core and category exams have 50 multiple-choice questions each and need 35/50 (70%) to pass. Exams may be retaken as many times as needed, are based on Penn State study materials, have no prerequisites, and must be taken in person. Department-proctored paper sessions cost $50 for core and $10 per category. A second, computer-based option lists 'Extra fees: $110 to take core and $70 per category', and '9 – Aquatic pest control' is among the category exams offered through Metro test centers.

  Applies when: Applicant for Category 9 (aquatic) certification PDA, 'Pesticide Applicators, Registered Technicians, and Certification Exams' (Pesticide Certification Exams) [21]
  Show the source text

  The Core and Category exams are 50 multiple choice questions and require 35/50 (70%) to pass. ... You may take the certification exams as many times as you would like. The pesticide certification exams are based off of the approved study materials from Penn State. ... There are no prerequisites to sit for the exam(s). All exams must be taken in person ... The fees to take exams:$50 to take core and $10 per category. ... Extra fees: $110 to take core and $70 per category. Exams Completed on a computer. ... Only closed book category exams can be taken through Metro ... 9 – Aquatic pest control

  Open Pennsylvania Department of Agriculture (pa.gov) (opens in a new tab)

• RequirementTo be certified as a commercial or public applicator, a person must be at least 18 and must meet the requirements of §§ 128.41-128.43 (including passing the exams). A commercial applicator must apply within 12 months of becoming eligible, or eligibility is lost. A certificate expires on September 30 following the date of application, except that the Department may issue a certificate for an additional year when an initial application is filed during the last 2 months of the certification year. Once a certification has expired, no further pesticide use under it is allowed.

  Applies when: Commercial applicator 7 Pa. Code § 128.44(a)-(c) [7]
  Show the source text

  eligible for certification upon reaching 18 years of age ... Within 12 months of becoming eligible to be certified as a commercial applicator, a person shall file with the Department an application for certification. ... A certificate will expire on September 30 following the date of application, except that the Department may issue a certificate for an additional year when an application is initially filed during the last 2 months of the certification year. (c) Once a certification has expired, no further use of pesticides as allowed by the certification will be permitted.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• FeeThe annual fee for a commercial applicator's certificate is $40 ($10 duplicate). No fee is charged when initial certification requires an examination, and an applicator employed by more than one business needs a separate certificate and fee for each. Examination fees are nonrefundable and paid in advance: $50 for the commercial/public core exam and $10 per category exam. Anyone who takes the exam through a contracted agency or vendor also pays that vendor's added costs.

  Applies when: Certified applicators working for a pond-treatment company 7 Pa. Code § 128.3(d), (f)(1)-(2), (f)(6) [7]
  Show the source text

  The annual fee for the commercial applicator's certificate is $40. When the initial certification requires examination, no fee will be charged. ... If an applicator is employed by more than one pesticide application business, a separate certificate and fee is required. ... Examination fees are nonrefundable. ... (1) Commercial/public applicator's core examination—$50. (2) Commercial/public applicator's category examination—$10. ... any additional costs as may be charged by the contracted agency or vendor shall be assessed to the person

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

Pond-treatment businesses: license, insurance, records and notice

A pesticide application business may not operate without a business license, which costs $35 a year and ends December 31 (the Department may issue the next year's license when an initial application is filed in the last 2 months of a licensing year); each place of business and each business name counts as a separate business. The Department's business page says all non-profit and for-profit businesses and government agencies that must use commercial or public applicators need the license. [7][22]

For each business category it works in, a business must employ at least one applicator certified in a category recognized under it, and may apply only in applicator categories in which it employs a certified applicator. Business Category (D), Aquatic Pest Control, covers applicator categories 09 Aquatic Pest Control, 24 Swimming Pools and 26 Sewer Root Control. [7]

The business must show financial responsibility, for example by comprehensive general liability insurance of at least $100,000 per occurrence for bodily injury and $100,000 per occurrence for property damage, with completed-operations coverage that applies to pesticide application and a deductible of no more than $2,500 (none if a deductible on a prior claim is unsatisfied). A self-insurance proposal needs Department approval and, except for government agencies and authorities, collateral of at least $500,000. [7][22]

The business must show its license number on both sides of every application vehicle in figures at least 3 inches high, and a certified applicator must be physically present at the site unless all application personnel there are registered technicians. It may not apply pesticides directly to another's property without permission from the owner or the occupant who has care, custody or control of it, except on easements or rights-of-way or when directed by a governmental entity to protect public health and welfare. [7]

For each application the business records the date, the customer and site, the brand name, EPA registration number, total amount and rate of each pesticide, and the names and certification or registration numbers of those applying or supervising; records must be completed within 24 hours, made immediately available to the Department on request, and kept for at least 3 years. [7]

Before applying, a commercial or public pesticide application business must notify each person on the Pesticide Hypersensitivity Registry whose primary residence or listed secondary location property line is within 500 feet of the application site, between 12 and 72 hours ahead; the rule's listed exceptions do not mention aquatic applications. A commercial or public applicator making a nonagricultural restricted use application by or at the direction of the property's owner or renter must first notify a resident of every dwelling on land that shares a border with the application premises (premises more than 100 feet from the application site do not count), no more than 45 and no less than 14 days before the application, subject to listed exceptions. [7]

A licensed business registers noncertified employees as pesticide application technicians after a training period of at least 30 calendar days, at $30 a year for a commercial technician; registrations expire February 28 each year and cannot be transferred to another business. Anyone can check an applicator by certification ID and last name, or a business by Business ID, in the Department's PaPlants lookup. A nonresident who holds a valid license, certificate or permit from another state may obtain the corresponding Pennsylvania credential, for its initial period of issuance only, if that state has a reciprocal agreement with Pennsylvania. [7][23]

• RequirementUnder the regulations, a pesticide application business may not operate without a pesticide application business license. The license period ends December 31 each year, but the Department may issue a license for the following year when an initial application is filed in the last 2 months of a licensing year. Each place of business and each business name counts as a separate business.

  Applies when: Company treating ponds for customers 7 Pa. Code §§ 128.2 ('business'), 128.31(a)-(b) [7]
  Show the source text

  For a pesticide application business having more than one place of business or operating under more than one name within this Commonwealth, each place of business and each name shall be considered a separate business. ... (a) A pesticide application business may not be operated without first obtaining a pesticide application business license. (b) The license period shall end on December 31 each year, except that the Department may issue a license for the following year when an initial license application is filed during the last 2 months of a licensing year.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• FeeThe annual fee for a pesticide application business license is $35, and a duplicate license costs $8.

  Applies when: Company treating ponds for customers 7 Pa. Code § 128.3(c) [7]
  Show the source text

  (c) Pesticide application business' license. The annual fee for a pesticide application business' license is $35. The fee for a duplicate pesticide application business license is $8.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• RequirementBusiness licenses are issued by business category. Business Category (D), Aquatic Pest Control, covers applicator categories 09 Aquatic Pest Control, 24 Swimming Pools and 26 Sewer Root Control. For each business category it works in, a business must employ at least one applicator certified in a recognized applicator category, and it may apply only in applicator categories in which it employs at least one certified applicator.

  Applies when: Pond-treatment company applying for or holding a pesticide business license 7 Pa. Code § 128.32 (introductory text) and (4) [7]
  Show the source text

  A business shall employ for each business category in which it makes a pesticide application at least one applicator who is certified in a specific applicator category recognized under the general business category and shall limit its applications to those applicator categories in which it employs at least one certified applicator. ... (4) Category (D)—Aquatic Pest Control. 09 Aquatic Pest Control 24 Swimming Pools 26 Sewer Root Control

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• RequirementFinancial responsibility may be shown by a certificate of insurance from a licensed or permitted insurer or surety. The coverage must be comprehensive general liability of at least $100,000 per occurrence for bodily injury and $100,000 per occurrence for property damage (combined limits are allowed if they equal or exceed the sum). The certificate must show completed-operations coverage that applies to pesticide application. The deductible may not exceed $2,500, and if the business has not satisfied the deductible in a prior claim, the policy may not contain a deductible at all. A business may instead submit a written self-insurance proposal for Department approval. Approval requires posting collateral (government agencies and authorities excepted) of at least $500,000.

  Applies when: Company treating ponds for customers 7 Pa. Code § 128.34(a)(2)-(4), (b)(3) [7]
  Show the source text

  The minimum comprehensive general liability insurance provided is $100,000 for each occurrence of bodily injury liability and $100,000 for each occurrence of property damage liability. ... coverage for completed operations ... applies to pesticide application. (4) The maximum deductible amount does not exceed $2,500 ... If a pesticide application business has not satisfied the deductible amount in a prior claim, the policy may not contain a deductible amount. ... minimum required security that shall be furnished to the Department is $500,000.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• RequirementA licensed business must display its Department-assigned license number on both sides of every vehicle used in pesticide application, in contrasting figures at least 3 inches high. It must notify the Department in writing within 15 days of any change in its license application information. A certified applicator must be physically present at the application site unless all application personnel on site are registered technicians.

  Applies when: Company treating ponds for customers 7 Pa. Code § 128.31(c)-(e) [7]
  Show the source text

  (c) A pesticide application business shall prominently display on every vehicle ... the license number assigned by the Department. The number must be in figures at least 3 inches high and be located on both sides of the vehicle ... (d) A licensed business shall notify the Department in writing within 15 days of a change in information in its application for licensing ... (e) A business ... may not apply a pesticide without having a valid certified applicator physically present at the application site unless all application personnel on site are valid registered technicians.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• RequirementA business may not apply pesticides directly to another person's property without first getting permission from the owner or the occupant who has care, custody or control of the property. Easements, rights-of-way, and applications directed by a governmental entity to protect public health and welfare are excepted.

  Applies when: Company treating a customer's pond 7 Pa. Code § 128.103(f) [7]
  Show the source text

  (f) A business may not directly apply pesticides to the property of another without first obtaining permission of the owner, or occupant having care, custody or control of the property to do so, except in the case of easements or right-of-ways or when done under the direction of a governmental entity to protect the health and welfare of the public.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• RequirementFor every application, a pesticide application business must record the date, the customer's name and address and the site location, the brand name, EPA registration number, total amount and dosage or rate of each pesticide, and the names and certification or registration numbers of those applying or supervising. Records must be completed within 24 hours, made immediately available to the Department on request, and kept at least 3 years.

  Applies when: Company treating ponds for customers 7 Pa. Code § 128.35(a), (d), (e) [7]
  Show the source text

  record containing ... (1) The date of application. ... (2) The name and address of the customer and the address and location of the application site ... (3) The brand name of the pesticides used. (4) The EPA product registration number. (5) The total amount of every pesticide used ... (6) The dosage or rate of application ... (7) The names and the certification or technician's registration number of each person making or supervising ... no later than 24 hours after the application date and made immediately available to the Department upon request. ... maintained for at least 3 years.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• RequirementBefore a pesticide application by a commercial or public pesticide application business, whether or not the product is restricted use, the business must notify each person on the Department's current Pesticide Hypersensitivity Registry whose primary residence or listed secondary location property line is within 500 feet of the application site. Notice must be given between 12 and 72 hours before the application. The exceptions listed in § 128.112(b) do not mention aquatic applications.

  Applies when: Company treating a pond within 500 feet of a registry listing 7 Pa. Code § 128.112(a)(1), (3) [7]
  Show the source text

  (a) General. Prior to a pesticide application being made by a commercial or public pesticide application business the following conditions shall be met: (1) Each individual listed on the current registry whose primary residence or secondary locations property line is within 500 feet of the application site shall be notified of the pesticide application. ... (3) Notification shall be made between 12 hours and 72 hours prior to the pesticide application. ... (b) Exceptions. The following types of application do not require notification under this section:

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• RequirementA commercial/public applicator may not make a 'specific site application' of a restricted use pesticide without first giving constructive notification to a person residing in every dwelling unit on land contiguous to the application site, subject to the exceptions in § 128.82(c). A 'specific site application' is a nonagricultural application made by or at the direction of a person to property that person owns or rents. If a neighbor asks at least 7 days before the proposed date, the business must also give the date, time, brand name and EPA number at least 12 hours before application.

  Applies when: Commercial applicator applying a restricted use pesticide to a customer's non-agricultural pond 7 Pa. Code §§ 128.2 ('specific site application'), 128.82(a)-(b) [7]
  Show the source text

  Specific site application—A nonagricultural pesticide application made by or at the direction of a person to property owned or rented by that person. ... A commercial/public applicator may not make a specific site application of a restricted use pesticide without first giving prior notification by constructive notification to a person residing in every dwelling unit on land contiguous to the application site. ... Upon the request, the pesticide application business shall make constructive notification and provide the following additional information at least 12 hours prior

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• ProcessThe Department's PaPlants 'Pesticide Business/Applicator Lookup' lets anyone check an applicator by certification ID and last name, or a business by Business ID.

  Applies when: Landowner hiring a pond-treatment company and wanting to confirm its license PaPlants, Pesticide Business/Applicator Lookup [23]
  Show the source text

  Pesticide Business/Applicator Lookup To search for a Pesticide Applicator: - Enter the applicator's Certification ID and Last Name in the corresponding fields - Click the Search button to view the applicator information To search for a Pesticide Business: - Enter the applicator's Business Id as it appears on the certification in the corresponding field

  Open Pennsylvania Department of Agriculture, Bureau of Plant Industry (paplants.pa.gov) (opens in a new tab)

Registered products and rules for every user

The Act defines a pesticide by its intended purpose: any substance intended to prevent, destroy, repel or mitigate a pest, which includes aquatic plant or animal life that EPA declares a pest, or intended as a plant regulator, defoliant or desiccant. No one may apply a pesticide the Department has not registered, except under an experimental use permit or in research exempt from one. [7][8]

The Department's registration page says every pesticide product used or distributed in Pennsylvania must be registered, including minimum risk pesticides, at $250 per product, valid for up to one calendar year and expiring December 31. It issues no certificates: registered products appear as "active" in the PaPlants Product Registration Brand Search, which can be searched by brand name or EPA registration number, and the registration list is also published on the state's Open Data Portal, updated every Monday. [14][24][25]

Everyone, including landowners, must use pesticides consistently with the label, may not apply them when weather can be expected to move them off the application site, and may not dispose of pesticides in a way that dumps them into sewers or surface waters except as permits from DEP, the Fish and Boat Commission or other water-pollution agencies allow. Anyone aware of a significant pesticide accident or incident, including one that pollutes Commonwealth waters or unintentionally kills an animal, must report it immediately to the Department. [7]

A restricted use pesticide may not be applied within 100 feet of certain designated lands, including State forest Conservation, Natural or Wild Areas, State park Conservation or Natural Areas, and areas containing endangered or threatened plant or animal species, without a waiver from the Secretary requested at least 90 days before the application. [7]

The Act occupies the whole field of pesticide registration, sale, transportation, distribution, notification of use and use, to the exclusion of local regulations. A violation is a summary offense punishable by a fine of up to $300, up to 90 days in prison, or both; similar conduct within 3 years of a conviction, or a violation after a written warning, is a misdemeanor, and the Secretary may also assess a civil penalty of up to $10,000 per offense. [8]

A separate Department of Agriculture law, the Soil and Plant Amendment Act, defines a soil amendment as any substance intended to change the chemical or physical characteristics of soil, excluding pesticides, fertilizers and certain other materials; each such product must be registered by its guarantor before it is offered for sale, sold or distributed in Pennsylvania, at $25 per product, with registrations expiring June 30 each year. Whether pond dyes, alum, enzymes or sealants are pesticides or soil amendments is listed below as not confirmed. [26]

• DefinitionUnder the Act, a 'pesticide' is any substance or mixture intended for preventing, destroying, repelling or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant. A 'pest' includes any weed or other form of terrestrial or aquatic plant or animal life (and certain microorganisms) that the EPA Administrator declares to be a pest under FIFRA § 25(c)(1). Whether a product is a pesticide therefore turns on its intended purpose.

  Applies when: Deciding whether a pond product (algaecide, herbicide, dye, alum, enzyme, sealant) is a 'pesticide' under state law Pennsylvania Pesticide Control Act of 1973, § 4(30), (31) (3 P.S. § 111.24) [8]
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  (30) "Pest" means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism ... which the administrator declares to be a pest under section 25(c)(1) ... (31) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

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• RequirementThe registration rule also binds users. A person may not apply a pesticide unless the Department of Agriculture has registered it, or it is used under an experimental use permit or in research exempt from such a permit.

  Applies when: Anyone applying a pesticide to a pond, including a landowner 7 Pa. Code § 128.103(h) [7]
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  (h) A person may not apply a pesticide unless it has been registered by the Department or it is used under the provisions of an experimental use permit or research conducted under an exemption from an experimental use permit.

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• ProcessThe Department's registration page says all pesticide products used or distributed in Pennsylvania must be registered with the Department, and 'minimum risk pesticides' have no exemption and must be state-registered. Registration costs $250 per product, is valid for up to one calendar year, and expires December 31. The Department does not issue registration certificates. Instead, registered products appear as 'active' for the current fiscal year in the PaPlants Product Registration Brand Search.

  Applies when: Verifying that an aquatic product is registered in Pennsylvania PDA, 'Pesticide Product Registration' [14]
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  All pesticide products used or distributed into Pennsylvania must be registered with the Pennsylvania Department of Agriculture (PDA). ... "minimum risk pesticides" must be state registered in Pennsylvania. ... The fee for registration is $250 per pesticide product and all pesticide registrations are valid for up to one calendar year and expire on December 31. ... PDA does not generate certificates of registration; the products will appear as "active" for the current fiscal year in PAPlant's Product Registration Brand Search on the Bureau of Plant Industry page.

  Open Pennsylvania Department of Agriculture (pa.gov) (opens in a new tab)

• ProcessThe PaPlants Brand Search lets anyone choose the 'Pesticide Product Registration' program and search by company name, brand name, brand ID, EPA Registration Number or registration fiscal year, using '*' as a wildcard for partial names. It can also filter for FIFRA 25(b), experimental use permit (EUP) and special local need (SLN) registrations.

  Applies when: Verifying that an aquatic product is registered in Pennsylvania PaPlants, Brand Search (https://www.paplants.pa.gov/ProductRegFSA/BrandSearch.aspx) [24]
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  For all of the text search fields below, you can search by either: exact text, or using the * (asterisk) wildcard to do a partial name match. ... Program: Fertilizer Manufacturers Pesticide Product Registration Soil and Plant Amendments PaPlants ID: Company Name: Brand Name: Brand ID: ... EPA Registration Number: Registration Fiscal Year: ... 25-B: With 25-B Without 25-B EUP: With EUP Without EUP SLN: With SLN Without SLN

  Open Pennsylvania Department of Agriculture, Bureau of Plant Industry (paplants.pa.gov) (opens in a new tab)

• RequirementEveryone, including landowners, must follow these general rules. No one may use a pesticide inconsistently with its labeling or apply it when weather conditions can be expected to move it off the application site. Pesticides and containers may not be disposed of in a way that dumps pesticides into sewers or surface waters, except as allowed by permits from DEP, the Fish and Boat Commission or other agencies with water-pollution jurisdiction.

  Applies when: Any pesticide application to or near a pond 7 Pa. Code § 128.103(b)-(d) [7]
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  (b) A person may not use, or cause to be used, a pesticide inconsistent with its labeling ... (c) An application of a pesticide may not be made where weather conditions are such that it can be expected that the pesticide will move off of the proposed application site. (d) A person may not dispose of ... a pesticide ... in a manner that does one or more of the following: ... (2) Causes or allows dumping of pesticides in sewers or surface waters of this Commonwealth, except in conformance with permits issued by the Department of Environmental Protection, the Fish and Boat Commission

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• RequirementAnyone who becomes aware of a 'significant pesticide accident or incident' must report it immediately to the Department of Agriculture. The term includes an incident involving a pesticide that pollutes the waters of the Commonwealth or results in the unintended death of an animal.

  Applies when: Pesticide spill, overdose, drift or fish kill involving a pond 7 Pa. Code § 128.101(b)-(c) [7]
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  (b) A person after becoming aware of a significant pesticide accident or incident or who has knowledge of a significant pesticide accident or incident shall immediately report it to the Department. (c) As used in this section, the term ''significant pesticide accident or incident'' means an accident or incident involving a pesticide which ... results in the unintended death of a human or animal, pollutes the waters of this Commonwealth

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• RequirementNo one may apply a restricted use pesticide within 100 feet of certain designated lands without a waiver from the Secretary. These lands include designated State forest Conservation, Natural or Wild Areas and State park Conservation or Natural Areas, and areas containing listed endangered or threatened plant or animal species. A waiver request must be filed at least 90 days before the proposed application, and the Secretary will approve or deny it within 60 days of receipt.

  Applies when: Restricted use pesticide application near protected lands or endangered/threatened species areas 7 Pa. Code § 128.102(a), (c), (d) [7]
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  (a) An application of a restricted use pesticide within 100 feet of certain publicly-owned or designated lands will not be permitted unless a waiver is granted by the Secretary. ... (1) State forest land designated as a Conservation Area ... (2) Areas containing endangered or threatened plant or animal species. ... (c) A request for a waiver shall be submitted at least 90 days prior to the proposed date of pesticide application. (d) The Secretary will approve or deny the application within 60 days of receipt of the application.

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• The Act is of statewide concern and occupies the whole field of regulating the registration, sale, transportation, distribution, notification of use and use of pesticides, to the exclusion of all local regulations. No municipal ordinance may prohibit or regulate pesticide registration, sale, transportation, handling or use if it conflicts with the Act.

  Applies when: Local (township/borough) rules on pond chemical treatment Pennsylvania Pesticide Control Act of 1973, § 37(b) [8]
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  (b) This act and its provisions are of Statewide concern and occupy the whole field of regulation regarding the registration, sale, transportation, distribution, notification of use, and use of pesticides to the exclusion of all local regulations. ... no ordinance or regulation of any political subdivision or home rule municipality may prohibit or in any way attempt to regulate any matter relating to the registration, sale, transportation, handling or use of pesticides, if any of these ordinances, laws or regulations are in conflict with this act.

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• Violating the Act or its regulations is a summary offense punishable by a fine of up to $300, imprisonment of up to 90 days, or both. Similar unlawful conduct within 3 years of a conviction, or a violation after a written warning from the Secretary, is a misdemeanor. For persons other than private applicators it is second-degree, with a fine up to $5,000, imprisonment up to two years, or both. For private applicators it is third-degree, with a fine up to $2,500, imprisonment up to one year, or both. The Secretary may also assess a civil penalty of up to $10,000 per offense.

  Pennsylvania Pesticide Control Act of 1973, §§ 29(a)-(c), 30.1(a) [8]
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  fine of not more than three hundred dollars ($300) or to undergo imprisonment for a term which shall be fixed at not more than ninety days, or both. ... other than a private applicator, who, within three years after being convicted ... engages in similar unlawful conduct ... misdemeanor of the second degree ... ($5,000) or imprisonment for a term that shall be fixed at not more than two years, or both. ... misdemeanor of the third degree ... ($2,500) or imprisonment for a term that shall be fixed at not more than one year, or both. ... civil penalty not to exceed ten thousand dollars

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• DefinitionA separate Department of Agriculture law, the Soil and Plant Amendment Act (3 Pa.C.S. Chapter 69), defines a 'soil amendment' as any substance intended to change the chemical or physical characteristics of soil. The definition excludes fertilizers, agricultural liming materials, unmanipulated manures, pesticides and materials exempted by regulation.

  Applies when: Pond products that are not pesticides but are intended to change soil properties (question of coverage not confirmed) 3 Pa.C.S. § 6902 ('soil amendment') [26]
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  "Soil amendment." Any substance which is intended to change the chemical or physical characteristics of soil. The term does not include fertilizers, agriculture liming materials, unmanipulated animal and vegetable manures, pesticides and other materials exempted by regulation.

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