Alex Breitler | Recordnet.com

STOCKTON, CA - Environmentalists are challenging a new rule by the federal government allowing pesticides to be sprayed into waterways without a permit under certain circumstances.

San Francisco-based Baykeeper, the parent organization of Deltakeeper in Stockton, called government officials' decision a "departure from their duties" under the Clean Water Act.

The rule allows cancer-causing pesticides to contaminate creeks, rivers and wetlands without oversight, environmentalists said after filing a lawsuit in the U.S. Court of Appeals earlier this month. They dispute EPA's finding that properly applied chemicals do not qualify as pollutants.

"For EPA to say that pesticides are not pollutants is like saying poison is good for you," said Charlie Tebbutt of the Western Environmental Law Center in Eugene, Ore.

However, some pesticide users said Wednesday that the rule - if it withstands this legal challenge - will make their lives easier while preserving water quality.

The San Joaquin Mosquito & Vector Control District, which sprays throughout San Joaquin County from March through December, got a permit in 2004 to continue applying pesticides.

"It's the bureaucratic process following the permit - filing extra reports and extra paperwork" that the district would like to avoid, said District Manager John Stroh.

If the district did not spray waterways to kill mosquito larvae, it would have to treat much larger swaths of land to reduce adult populations, he said.

Permits also have been a burden for state officials who spray Delta waterways to reduce exotic plants.

The Department of Boating and Waterways got a permit several years ago after environmentalists sued. State officials said at the time that permit requirements would nearly double the cost of spraying water hyacinth from $1.1 million to more than $2 million a year.

Hyacinth is a green weed that floats atop the water, choking many Delta channels and entangling boats.

"It's a lot more work, a lot more money," Boating and Waterways spokeswoman June Iljana said Wednesday.

The new rule means Clean Water Act permits are not required for pesticides applied directly to water to control pests or weeds, nor for pesticides used to control pests over or near water.

This could include weeds at the water's edge which farmers or irrigation districts would like to eradicate.

Such pesticides already must be registered by the federal government before they can be sold and distributed.

They are studied and reviewed to make sure that they do not harm human health and the environment, said a spokesman for the EPA.

But Bill Jennings, director of the California Sportfishing Protection Alliance, said the federal permits are a crucial and necessary safeguard. The alliance is among the groups suing the government over its new rule.

"These chemicals are developed to kill life, and they are incredibly effective," Jennings said.

Contact reporter Alex Breitler at (209) 546-8295 or abreitler@recordnet.com.

To learn more

For more information about pesticides and their effects on human health and the environment, visit the Environmental Protection Agency's pesticide Web page at www.epa.gov/pesticides.