Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130d - APPLICATION OF SOIL AND GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS TO AGRICULTURAL LANDS › Subchapter D - GENERAL OPERATING REQUIREMENTS FOR LAND APPLICATION OF SOIL AND GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS TO AGRICULTURAL LAND › Section 130d.41 - Standards for land application of soil and groundwater contaminated with agricultural chemicals

Current through Register Vol. 54, No. 28, July 13, 2024
A person approved to apply soil or groundwater contaminated
					 with agricultural chemicals resulting from the remediation of an agricultural
					 facility to agricultural land shall comply with the following:
(1) The land application and application rate
				  shall be consistent with labeling requirements for the pesticide active
				  ingredients found in the soil or groundwater being land applied and the
				  Department may require a safety factor of 1/2 the label application rate. With
				  regard to fertilizer found in the soil or groundwater being land applied, the
				  application shall be consistent with labeling and standards established by the
Pennsylvania Agronomy Guide
.
(2) The cumulative effect of all pesticides
				  found in the soil or groundwater being land applied shall be consistent with
				  the labeling requirements for each pesticide and may not exceed the labeling
				  rate for any of the pesticides contained in the soil pile or quantity of
				  groundwater contaminated with agricultural chemicals.
(3) The cumulative effect of all fertilizers
				  or soil amendments, or both, found in the soil or groundwater being land
				  applied shall be consistent with and not exceed the standards established by
				  the
Pennsylvania Agronomy Guide
.
(4) Proper application techniques set forth
				  and approved by the Department in the applicant's operational plan shall be
				  followed.
(5) Consultants or other
				  individuals directing land application activities shall be certified in the
				  appropriate use category for the pesticides being applied. A certified
				  applicator is required to be onsite at all times during the application of
				  pesticide contaminated soils.
(6)
				  Individual soil piles and groundwater contaminated with agricultural chemicals
				  may not be consolidated for application without prior written approval from the
				  Department and the landowner.
(7)
				  The Department may approve the application of additional agricultural
				  chemicals, not found in background levels at the proposed application site, to
				  the proposed application site in cases when the application rate will not
				  result in crop injury, illegal crop residues, polluting or fouling of the
				  agricultural land or cause unreasonable adverse effects on the environment. The
				  Department will not approve an application of contaminated soil or groundwater
				  where the application is likely to result in crop injury, illegal crop
				  residues, polluting or fouling of the agricultural land or cause unreasonable
				  adverse affects on the environment.
(8) The application of agricultural chemicals
				  shall be in compliance with the Pennsylvania Pesticide Control Act of 1973
				  (3 P.
				  S. §
											§
											111.21-111.61), the Federal
				  Insecticide, Fungicide and Rodenticide Act of 1947 (7 U.S.C.A. §
											§
											136-136y), sections 6701-6725 of 3
				  Pa.C.S. (relating to Fertilizer Act), sections 6901-6921 of 3 Pa.C.S. (relating
				  to Soil and Plant Amendment Act), the
Pennsylvania Agronomy
				  Guide
and any nutrient management plan approved under the Nutrient
				  Management Act.
(9) Banned,
				  cancelled or suspended agricultural chemicals may not be applied, as
				  established by the regulations under the Pennsylvania Pesticide Control Act of
				  1973, the Federal Insecticide, Fungicide and Rodenticide Act of 1947 and the
				  Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §
											§
											6901-6986).
(10) Incompatible agricultural chemicals may
				  not be applied. The land application of incompatible agricultural chemicals is
				  prohibited by the Pennsylvania Pesticide Control Act of 1973 and the Federal
				  Insecticide, Fungicide and Rodenticide Act of 1947.
(11) The person responsible for the land
				  application of the soil and groundwater contaminated with agricultural
				  chemicals shall comply with all local ordinances.
This section cited in 7 Pa. Code §
												130d.51 (relating to general
						requirements).