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Discussion Starter · #1 ·
This may be lengthy, so grab a cup of Joe or freshen what you got before you start to read.

I just became aware of the Utah state permit requirements to remove phragmites. That's correct; you need a state permit to remove phrags. This comes under the Clean Water Act (CWA) of the USA. Under this act, there is a federal program called Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) which is administered and regulated by the United States Environmental Protection Agency (EPA) and appropriate environmental agencies of the respective states. The permits are issued under the National Pollutant Discharge Elimination System (NPDES). These permits were required for qualified groups that discharge pesticides on or near live surface waters of the state for one of the use patterns. Weed and algae is one of those patterns.

In 2006, there was an exemption rule issued to the CWA that said a NPDES permit was not required when the application is directly to waters of the US and the application over waters of the US, including near waters, where a portion of the pesticides will unavoidably be deposited to water. This exemption was challenged in Federal Court in December, 2006. In January 2009, the 6th Circuit overturned the exemption. There were several extensions until April 2011 when a NPDES permit became a requirement for any pesticide discharges to waters of the US. Then in October 2011, a final NPDES Pesticide General Permit was issued.

In order to meet the requirements of the Federal rule, the Utah Department of Environmental Quality (DEQ), Division of Water Quality (DWQ) has issued the Utah Pollutant Discharge Elimination System (UPDES) Pesticide Permit Rule (Utah Administrative Code R317-8-9). In October 2011 the Utah DWQ issued the UDPES Pesticide General Permit which will expire in October 2016.
This permit is a state and Federal requirement to remove phrags.

Now, here's the kicker. The permit ain't free (with one exception); you must pay an annual fee to the Utah DEQ as of July 1, 2014. You read that correctly folks - if you want to remove 80 acres or more of phragmites from your property then you gots to fork over some money to the state. The fee is exempted if you are a private operator/applicator such as a duck club or small farmer and only wish to spray up to 79 acres. If you spray 80 to 149 acres the fee is $200. If you spray 150 to 299 acres, the fee is $500. And if you spray 300 acres or more the fee is $1650.

I had never heard of this before which really surprises me because I monitor several waterfowl sites throughout the year and have never seen this discussed before and its been in effect since July of last year. Has anybody else on here seen this issue discussed here or on any other board? As for me, I think this is a huge pile of bovine excrement of the highest odor. What are your thoughts on this issue?

Oh, and if you need some validity as to the truthfulness of what I've just told you, it came from Don Hall with the Utah DEQ, DWQ. I have his phone number and email address if you are interested in talking/corresponding with him directly on the matter. Just PM me and I'll send it to you.
 

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The way to get around that is to only treat 79 acres with herbicides in a given year.
 

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Discussion Starter · #3 ·
Of course you can get around it.

But why should you have to? We have a totally useless and noxious weed that nobody (including the state) has any possible use for. And yet, if you want to do the right and proper thing and get rid of it on your property, you must have a permit and you must pay a fee for that permit if you have more than 79 acres to control. I'm really disturbed by this. The bastards should be subsidizing the cost of the chemicals and labor, not charging a fee for the privilege to make things right. This is totally insane.
:frusty:
 
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Very interesting indeed. If they are monitoring who uses what chemicals and where, then I can understand a permit being required to spray. What I don't understand is why there is a fee associated with the permit.
Now I'm wondering what the deal is with burning the phrag too. I mean the clubs get to burn every spring, but the WMA's can't get burn permits. Is it because of the amount of acreage?
 

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But why should you have to? We have a totally useless and noxious weed that nobody (including the state) has any possible use for. And yet, if you want to do the right and proper thing and get rid of it on your property, you must have a permit and you must pay a fee for that permit if you have more than 79 acres to control. I'm really disturbed by this. The bastards should be subsidizing the cost of the chemicals and labor, not charging a fee for the privilege to make things right. This is totally insane.
:frusty:
Why should you have to pay the government anything to do what you want to do on your own land....especially paying property taxes...
 

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Discussion Starter · #6 ·
Were you being facetious?

Why should you have to pay the government anything to do what you want to do on your own land....especially paying property taxes...
We all get benefits from most of the taxes we pay (property, sales, income, etc.); i.e., schools, roads, fire protection, police protection, etc. What benefit is ANYBODY going to get from this permit fee - other than, of course, the agency collecting the fee. What, exactly, are we going to get in return? Do you know? Does ANYBODY know? I sure as Hell don't.
 

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What I don't get is that the weed was brought in illegally and now is on state lands that are un-managed for removal of this weed. The weed now spreads and the local joe tries to remove it and has to pay for a permit for trying to control his property and remove the invasive weed? Something is very wrong with this situation...
 
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