An owner or operator of a pesticide application site shall be deemed to have a permit by rule for the purposes of the federal Clean Water Act, 33 U.S.C. § 1251 et seq., and the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., if the following conditions are met:

1. (1) The application of biological pesticides or chemical pesticides that leave a residue (hereinafter collectively pesticides) to waters of the state falls under one (1) of the following pesticide use patterns and annual threshold:

   1. (A) Mosquito and other flying insect pest control.

      1. (i) To control public health/nuisance and other flying insect pests that develop or are present during a portion of their life cycle in or above standing or flowing water.
      2. (ii) Public health/nuisance and other flying insect pests in this use category include, but are not limited to, mosquitoes and black flies;

   2. (B) Weed and algae control.

      1. (i) To control invasive or other nuisance weeds and algae in water and at water's edge, including irrigation ditches or irrigation canals.
      2. (ii) This use pattern is understood to include right-of-way maintenance for utilities and forest lands, as well as other applicable uses;

   3. (C) Aquatic nuisance animal control.

      1. (i) To control invasive or other nuisance animals in water and at water’s edge.

      2. (ii) Aquatic nuisance animals in this use category include, but are not limited to:

         1. (a) (a) Fish;
         2. (b) (b) Lampreys; and
      3. (c) (c) Mollusks; and
   4. (D) Forest canopy pest control. Aerial application of a pesticide over a forest canopy to control the population of a pest species (e.g., insect or pathogen) where, to target the pests effectively, a portion of the pesticide unavoidably will be applied over and deposited to water;
2. (2) A completed notice of coverage must be posted at the site or kept at the physical address of the owner or operator for automatic permit coverage prior to commencing the pesticide application;
3. (3) Pesticides must be handled, used, or applied in accordance with state laws and rules and the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq., which include all instructions on the pesticide label; and
4. (4) An owner or operator must comply with all requirements of the NPDES General Permit for Pesticide Discharges Located within the State of Arkansas.