Sonar Banned in Zone1
In a blow to the Selectmen-sponsored proposal to treat Baddacook Pond with the herbicide Fluridone, [trade name Sonar], the Wetlands Section of the MassDEP [Dept. of Environmental Protection] notified the board that DEP regulations do not allow the herbicide to be applied within 400 feet of a public water supply. [See map above showing the location of the town well and the approximate size of the area where application of Sonar is prohibited.]
In a letter of explanation to members of the Conservation Commission and the advocates of the plan James Luening, President of the Great Ponds Advisory Committee and Arthur Prest, president of the Groton Lakes Association and candidate for Selectman, Conservation Commission Administrator Takashi Tada summarized the ruling,
"The upshot is that the use of Sonar [fluridone] is not allowed within Zone 1, but is allowed within Zone II if it is applied according to the state's guidelines and is not allowed to migrate into Zone 1."
Takashi Tada cautioned, "Please keep in mind that these comments come from the Wetlands section of the Mass DEP, not the Drinking Water Program. But they do reference the Drinking Water Program's recommended guidelines." Tada suggests here that this ruling may not technically be definitive because the Wetlands section of the DEP issued it.
But, the drinking water section of the DEP is unlikely to take a less protective position on drinking water protection and is known to be very conservative it their primary role of protecting the public drinking water.
The notification from MassDEP issues a file number for the application to apply the herbicide in the unlikely event that Selectmen and the advocates for the plan could, somehow, find a way to apply the herbicide to the Pond while guaranteeing that it would not migrate into the Zone 1 area.
The MassDEP pointedly says; "the issuance of a file number indicates only the completeness of the submittal [the Notice of Intent], NOT approval of application. The MassDEP notification goes on to say, "SONAR cannot be applied within a Zone 1 of a public water supply well. Application of SONAR within Baddacook Pond must be avoided in the portion of the pond within the Zone 1. The application should be carried out in a manner that prevents the migration of SONAR into the Zone 1."
The notification to the town quotes a portion of the DEP's FAQ related to herbicides and drinking water:
Q. Can herbicide application occur in a lake/pond in which a Zone I extends into?
A. All non-water supply related uses in a Zone I are prohibited under 310 CMR 22.21(1)(b)(5) and 310 CMR 22.21(3)(b), unless otherwise approved by MassDEP. The process for DEP's approval of non-water supply related uses in a Zone I is outlined in the DWP's Zone I Policy 94-03
Application of herbicides is not prohibited outside the Zone I. However, to ensure the continued protection of a public water supply located adjacent to an open water body, the DWP recommends that the application of herbicides follow the GEIR and Wetlands Guidance document, http://www.mass.gov/eea/docs/dcr/watersupply/lakepond/downloads/main-gei...
Additionally, if the area of intended application is within a Zone II, applicants should check the MADAR Groundwater Protection List at http://www.mass.gov/eea/agencies/agr/pesticides/groundwater-protection-l.... Herbicides on this list may not be used within a Zone II and the DWP strongly discourages their use in an IWPA.
