reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter C - SUSTAINABLE AGRICULTURE GRANT PROGRAMS AND ALTERNATIVE CROP GRANT PROGRAMS › Section 130c.35 - Submission of application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Obtaining an application/deadline.
An applicant desiring to be
				  considered for a grant under this chapter shall submit to the Board, on a form
				  prepared by the Board, an application for a grant. The completed application
				  shall contain the information requested by the Board. Applications shall be
				  postmarked by July 31 of each year. Grant applications may be obtained from:
Pennsylvania Department of Agriculture
Bureau of Plant Industry
2301 North Cameron Street
Harrisburg, PA 17110-9408
Telephone number: (717) 787-4843
(b)
Limitations.
An
				  applicant may submit applications, in the same year, under both the Sustainable
				  Agriculture Grant Program and the Alternative Crop Grant Program. An applicant
				  will not be awarded more than one grant in each calendar year and an applicant
				  already possessing a grant will not be eligible to apply for any other grant
				  under this chapter until the applicant's current grant is completed and the
				  proper verification has been provided to the Board.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter C - SUSTAINABLE AGRICULTURE GRANT PROGRAMS AND ALTERNATIVE CROP GRANT PROGRAMS › Section 130c.36 - Processing of application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Executive Director.
Upon receipt of an application for a
				  sustainable agriculture grant or alternative crop grant and the required
				  supporting documentation, the Executive Director will review this information
				  for completeness and accuracy and submit it to the Board. As set forth in
				  §
										130c.6 (relating to notice of
				  disposition of application), the Board has 90 days to review and take action on
				  an application. If the Executive Director determines the application is
				  incomplete or inaccurate, final processing of the application may be
				  discontinued and the Board will send a letter of rejection to the applicant or
				  additional data may be requested. If additional data is requested, the
				  Executive Director will notify the applicant of the additional data needed and
				  the 30-day time period for response. Processing of the application will cease
				  and the 90-day review period, set forth in §
										130c.6, will be tolled during the
				  30-day response period until the applicant supplies the requested data. If
				  additional data has been requested, the Executive Director may terminate the
				  processing of the application when the additional data is not supplied within
				  30 days of a written request.
(b)
Board.
The Board will review all complete applications and
				  supporting documentation and will have the power to accept, accept with special
				  conditions or reject applications and issue grants in accordance with the
				  general considerations and eligibility criteria of the act and this
				  chapter.
This section cited in 7 Pa. Code §
												130c.6 (relating to notice of
						disposition of application).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter C - SUSTAINABLE AGRICULTURE GRANT PROGRAMS AND ALTERNATIVE CROP GRANT PROGRAMS › Section 130c.37 - Applicant eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Individuals.
To be eligible for a grant under this chapter,
				  the applicant, if an individual, shall be:
(1)
				  A resident of this Commonwealth or show sufficient evidence that he intends to
				  become a resident.
(2) An active
				  resident operator or resident manager of the farm.
(3) Sufficiently educated, trained or
				  experienced to carry out the sustainable agriculture or alternative crop
				  project proposed in the grant application and guarantee he will participate in
				  the project for the duration of the grant period.
(4) Able to prove and document that the
				  farmland or farm enterprise for which the grant is acquired is located in this
				  Commonwealth.
(5) Able to
				  demonstrate the proceeds of the grant will be used for eligible sustainable
				  agriculture or alternative crop purposes as defined in the act and this chapter
				  and that all grant proceeds will be used exclusively for sustainable
				  agriculture or alternative crop purposes in Commonwealth farming operations
				  only.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter C - SUSTAINABLE AGRICULTURE GRANT PROGRAMS AND ALTERNATIVE CROP GRANT PROGRAMS › Section 130c.38 - Review of a grant application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Evaluation.
The Board
				  will evaluate the application based on the applicant's eligibility as set forth
				  in §
										130c.37 (relating to applicant
				  eligibility).
(b)
Ranking.
No single factor will be paramount. In rendering a
				  decision, the Board will rank the application based on the following criteria:
(1)
Financial
				  responsibility.
Financial responsibility reflecting the ability of the
				  applicant to meet and satisfy all debt service as it becomes due and payable,
				  continue farm operations and protect the Department against undue risk. The
				  applicant's cash flow history, total assets controlled, equity owned,
				  contingent liabilities and history of earnings to date are significant measures
				  of financial responsibility.
(2)
Applicant background.
The relevant criminal and credit history
				  and ratings of the applicant as determined from credit reporting services and
				  other sources.
(3)
Tax
				  obligations.
The payment to date of all tax obligations due and owing
				  by the applicant to the Commonwealth or any political subdivisions
				  thereof.
(4)
Projected
				  use.
The manner in which grant proceeds will be utilized in furthering
				  sustainable agriculture in this Commonwealth. This encompasses the goals of the
				  project, its impact on agriculture, the environment and society, its ability to
				  increase farm profitability and productivity, and the project's potential for
				  success.
(5)
Capital needs
				  (amount of the grant).
The Board will look at the capital needs of the
				  applicant in light of available funds.
(6)
Environment.
The
				  environmental benefit.
(7)
Profitability.
The potential impact on farm
				  profitability.
(8)
Technology.
The applicability of the techniques or technology
				  to other farm enterprises.
(9)
Effectiveness.
The effectiveness of the project as a
				  demonstration, where applicable.
(10)
Farming practices.
The
				  intent to use practices that would improve soil fertility, lower the cost of
				  production, cause the optimum and environmentally compatible use of off-farm
				  inputs, such as chemical or synthetic fertilizers or pesticides, or otherwise
				  promote sustainable agriculture. These practices are further explained and
				  defined in §
											130c.39 (relating to eligible
				  uses).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130c - SUSTAINABLE AGRICULTURE PROGRAMS › Subchapter C - SUSTAINABLE AGRICULTURE GRANT PROGRAMS AND ALTERNATIVE CROP GRANT PROGRAMS › Section 130c.39 - Eligible uses

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Grant proceeds.
Proceeds from a grant made under this chapter
				  shall be used by the grant recipient for the practice or promotion of
				  sustainable agriculture or for research or educational programs pertaining to
				  the development of sustainable agriculture, or to adopt practices that
				  emphasize the use of alternative crops. Sustainable agriculture practices
				  include agricultural practices which:
(1) Are
				  ecologically beneficial.
(2)
				  Improve and ensure the soil and water quality for future generations.
(3) Enhance environmental quality and the
				  natural resource base upon which the agricultural economy depends.
(4) Make the most efficient use of
				  nonrenewable resources.
(5)
				  Integrate natural biological cycles and controls, such as planting cover crops
				  to defend against insects and weeds, using mechanical tillage to control weeds
				  and relying on natural systems, such as biological controls and natural
				  predators.
(6) Ensure the optimum
				  and environmentally compatible use of or eliminate the need for the purchase of
				  off-farm inputs such as chemical or synthetic fertilizers and
				  pesticides.
(7) Make the best use
				  of on-farm labor and resources, such as using animal and plant manure to enrich
				  soil.
(8) Sustain the economic
				  viability of farm operations, by implementing practices which lower production
				  costs.
(9) Enhance the quality of
				  life for farmers and society.
(10)
				  Satisfy human food and fiber needs.
(11) Emphasize planting a diverse array of
				  crops and the production of alternative crops.
(12) Identify agricultural practices that
				  maintain productivity and minimize environmental and farmland
				  degradation.
(13) Develop,
				  integrate and coordinate field experiments and on-farm research and educational
				  efforts related to the practice of sustainable agriculture.
(14) Develop, integrate and coordinate new
				  techniques and technologies which advance the field of sustainable
				  agriculture.
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 A - GENERAL PROVISIONS › Section 130d.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
				  has the powers and the duties set forth under section 904(d) of the act
				  (35
				  P. S. §
											6026.904(d)).
(b) This chapter specifies general procedures
				  and rules for persons who solicit and receive approval from the Department to
				  apply soil or groundwater contaminated with agricultural chemicals, generated
				  as a result of remediation activities at agricultural chemical facilities, to
				  agricultural land.
(c) This chapter
				  applies only to the application of soil or groundwater contaminated with
				  agricultural chemicals, generated as a result of remediation activities, at
				  agricultural chemical facilities and applied to agricultural lands. The
				  Department has no power to issue final approval for the land application of
				  soil or groundwater generated as the result of remediation activities as
				  follows:
(1) That are contaminated with
				  chemicals or substances other than agricultural chemicals.
(2) That were not undertaken at an
				  agricultural chemical facility.
(3)
				  Where the contaminated soil or groundwater will be applied to land other than
				  agricultural land.
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 A - GENERAL PROVISIONS › Section 130d.3 - Continuing authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Nothing in this chapter may be construed to amend, modify, repeal or otherwise
				  alter any provision of any act cited and the regulations pertaining thereto,
				  relating to civil and criminal penalties or enforcement actions and remedies
				  available to the Department or in any way to amend, modify, repeal or alter the
				  authority of the Department to take appropriate civil and criminal action under
				  those statutes.
(b) Nothing in this
				  chapter may be construed to place any duty, responsibility or liability on the
				  Department for contaminants in soil or groundwater other than agricultural
				  chemicals that were tested for and approved by the Department. The applicant is
				  soley responsible for all duties and liability related to all contaminants
				  other than the agricultural chemicals tested for, set forth in the applicant's
				  land application proposal and approved by the Department.
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 A - GENERAL PROVISIONS › Section 130d.4 - Retained recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. An applicant receiving permission to apply soil or
				  groundwater contaminated with agricultural chemicals to agricultural land,
				  shall maintain records in accordance with recordkeeping provisions of section
				  35 of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
											§
											111.55) and in accordance with the
				  appropriate recordkeeping provisions of §
										§
										128.11,
				  128.24,
				  128.35,
				  128.53,
				  128.65 and
				  128.88. In addition, an approved
				  applicant shall keep the following records:
(1) The daily operation records required by
				  §
											130d.46 (relating to daily
				  operational records).
(2) The
				  annual operation report required by §
											130d.48 (relating to annual
				  operational report).
(3) The final
				  report required by § 130d.62 (relating to final report).
(4) The right of entry agreement required by
				  §
											130d.27(b)
				  (relating to right of entry and agreement with landowner).
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 A - GENERAL PROVISIONS › Section 130d.5 - Public notice by applicant

Current through Register Vol. 54, No. 28, July 13, 2024
The applicant shall comply with the notice requirements
					 established by section
					 25.1 of the Pennsylvania Pesticide
					 Control Act of 1973 (3 P. S. §
											§
											111.45a)
					 and §
										§
										128.81-128.89 (relating to prior
					 notification) and §
										128.112 (relating to notification
					 of hypersensitive individuals).
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 B - LAND APPLICATION PROPOSAL REQUIREMENTS FOR PERMISSION TO APPLY SOIL AND GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS TO AGRICULTURAL LAND › Section 130d.21 - General requirements for land application proposal form

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Submittal
. Land application proposals shall be submitted in
				  writing, on forms provided by the Department. Persons submitting land
				  application proposals shall submit them to the Department at the address which
				  appears on the land application proposal form developed by the
				  Department.
(b)
Documentation
. Each land application proposal shall include
				  and have attached thereto, information, maps, plans, specifications, designs,
				  analyses, test reports and other data as may be required by the Department to
				  determine compliance with this chapter. The Department will notify the
				  applicant in writing requesting any additional information.
(c)
Affirmation of chemical analysis
				  of waste and sampling techniques and protocol and the waste sampling
				  plan
. The chemical analysis of waste and sampling techniques and
				  protocol and the waste sampling plan, required by §
										§
										130d.22 and
				  130d.23 (relating to chemical
				  analysis of waste and sampling techniques and protocol; and waste sampling
				  plan), shall be supported by an affidavit, signed by the applicant, affirming
				  that all known and likely agricultural chemicals, nutrients and constituents at
				  the remediation site were tested for and the tests were performed in accordance
				  with this chapter and the applicant's land application proposal.
(d)
Affirmation of compliance with
				  all applicable laws, rules and ordinances
. The applicant shall submit
				  a signed affidavit, affirming it has received the proper permits and approvals
				  and that the removal, storage, handling and application of the contaminated
				  soil or groundwater is in compliance with applicable laws, regulations and
				  ordinances.
(e)
Affirmation
				  of operation plan
. The operating plan shall be signed by the applicant
				  and the appropriate applicator verifying that the techniques, methods and rates
				  of application set forth in the operating plan will be followed.
This section cited in 7 Pa. Code §
												130d.31 (relating to criteria for
						approval or denial).
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 B - LAND APPLICATION PROPOSAL REQUIREMENTS FOR PERMISSION TO APPLY SOIL AND GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS TO AGRICULTURAL LAND › Section 130d.22 - Chemical analysis of waste and sampling techniques and protocol

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				  criteria
. A person who seeks to apply soil or groundwater, generated
				  as a result of remediation activities at an agricultural chemical facility, to
				  agricultural land shall perform a detailed analysis and testing of the soil or
				  groundwater, or both, at the agricultural chemical facility site and the
				  application site. A verified copy of the sampling techniques and results shall
				  be submitted to the Department as part of the land application
				  proposal.
(b)
Analysis and
				  testing of the soil or groundwater, or both, at the agricultural chemical
				  facility site
. The analysis and testing at the agricultural chemical
				  facility site shall fully characterize the physical properties and chemical
				  composition of each type of agricultural chemical that was held, stored,
				  blended, formulated, sold, distributed, manufactured or generated by the
				  agricultural chemical facility and shall be done in accordance with subsections
				  (d) and (e)(1) and (2). The substances tested for shall be predicated on the
				  manufacturing processes and business carried on at the agricultural chemical
				  facility site being remediated and records obtained from that agricultural
				  chemical facility or facilities on that site. The types of agricultural
				  chemicals likely to be contained in the soil and groundwater shall be gleaned
				  from information available regarding the agricultural chemical facility site at
				  which the remediation activities are taking place including the following:
(1) Records, including sales records,
				  memorandums, invoices and historical data, of the type of products
				  manufactured, held, stored, formulated, sold, distributed, produced or
				  used.
(2) Material safety data
				  sheets or similar sources that may help characterize the types of agricultural
				  chemicals and waste generated.
(3)
				  Notices of past spills, violations or contamination if applicable.
(4) Information regarding any agricultural
				  chemical byproduct or agricultural chemical produced during or as a result of
				  the manufacturing processes, mixing, storage or distribution of
				  materials.
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 B - LAND APPLICATION PROPOSAL REQUIREMENTS FOR PERMISSION TO APPLY SOIL AND GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS TO AGRICULTURAL LAND › Section 130d.23 - Waste sampling plan

Current through Register Vol. 54, No. 28, July 13, 2024
The applicant shall develop a waste sampling plan. The
					 waste sampling plan shall be attached to and made part of the land application
					 proposal submitted to the Department. The waste sampling plan shall encompass
					 the sampling techniques utilized for the soil or groundwater from the
					 agricultural chemical facility site and the application site. The waste
					 sampling plan shall cover each agricultural chemical, nutrient or constituent
					 proposed to be applied to the agricultural land. The waste sampling plan shall
					 take into account and be consistent with the chemical analysis and testing
					 protocol required by §
										130d.22 (relating to chemical
					 analysis of waste and sampling techniques and protocol). At a minimum, the plan
					 shall include:
(1)
Quality
				  assurance and quality control procedures
. The plan shall ensure an
				  accurate and representative sampling of the contaminated soil or groundwater,
				  or both, the person seeks to apply to agricultural land and an accurate and
				  representative sampling from each field or plot at the application site upon
				  which the contaminated media will be placed. The plan shall set forth the
				  following:
(i) The type of chemicals,
				  nutrients and constituents for which each soil pile or quantity of groundwater
				  was tested and analyzed and the rationale for the selection of those chemicals,
				  nutrients and constituents.
(ii)
				  The name and address of the approved laboratory that was used to test for the
				  chemicals, nutrients and constituents.
(iii) The method utilized for labeling and
				  managing the soil piles and quantities of groundwater to assure they are
				  applied at the proper rates and to the proper areas once they reach the
				  application site, since individual soil piles and quantities of groundwater may
				  contain different types and concentrations of chemicals, nutrients and
				  constituents.
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 B - LAND APPLICATION PROPOSAL REQUIREMENTS FOR PERMISSION TO APPLY SOIL AND GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS TO AGRICULTURAL LAND › Section 130d.25 - Maps and related information

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Boundary map
. A land
				  application proposal shall contain detailed maps including necessary narrative
				  descriptions, which show the following:
(1)
				  The boundaries and the names of the present owners of record of the land
				  constituting the proposed application site and a description of all title, deed
				  or usage restrictions, including easements, right-of-way, covenants and other
				  property interests, affecting the proposed application site.
(2) The boundaries of the land where soil and
				  groundwater contaminated with agricultural chemicals will be applied over the
				  estimated total life of the proposed application, including the boundaries of
				  each plot of land that will be affected in each sequence of land application
				  activity.
(3) A grid showing the
				  exact field or location where each soil pile or quantity of groundwater
				  contaminated with agricultural chemicals will be applied.
(4) The location and name of public and
				  private water supplies and wells within the proposed application site and
				  adjacent areas that are within the setback requirements set forth in Subchapter
				  D (relating to general operating requirements for land application of soil and
				  groundwater contaminated with agricultural chemicals to agricultural
				  land).
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 B - LAND APPLICATION PROPOSAL REQUIREMENTS FOR PERMISSION TO APPLY SOIL AND GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS TO AGRICULTURAL LAND › Section 130d.26 - Financial responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
The applicant shall comply with §
										128.34 (relating to financial
					 responsibility). The applicant shall be in compliance with §
										128.34 prior to the initiation of
					 the application of the soil or groundwater contaminated with agricultural
					 chemicals to the agricultural land and shall remain in compliance until final
					 closure of the application site as set forth in Subchapter F (relating to
					 closure). Failure to comply with §
										128.34 shall result in a denial of
					 the land application proposal or a revocation of the Department's approval when
					 the applicant fails to maintain continued compliance with §
					 128.34.
This section cited in 7 Pa. Code §
												130d.48 (relating to annual
						operational report).
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 B - LAND APPLICATION PROPOSAL REQUIREMENTS FOR PERMISSION TO APPLY SOIL AND GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS TO AGRICULTURAL LAND › Section 130d.27 - Right of entry and agreement with landowner

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Consent of landowner
.
				  When the landowner is the person submitting the land application proposal and
				  responsible for the application of the soil and groundwater contaminated with
				  agricultural chemicals, no right of entry or other agreement is necessary. In
				  all other situations, the land application proposal shall contain a description
				  or copies of the legal documents upon which the applicant bases his legal right
				  to enter onto, operate on and apply soil and groundwater contaminated with
				  agricultural chemicals on the proposed application site. When a description is
				  given, the applicant shall sign a verified statement attesting to the fact the
				  document exists in the form described. The Department will accept either one of
				  the following legal documents or other document the Department may determine
				  conveys the appropriate legal right:
(1) A
				  copy of a signed consent agreement between the applicant and the current owner
				  of the land upon which the soil or groundwater contaminated with agricultural
				  chemicals will be applied.
(2) A
				  copy of the document of conveyance that expressly grants or reserves the
				  applicant the right to enter onto, operate on and apply soil and groundwater
				  contaminated with agricultural chemicals on the current land owner's property
				  and an abstract of title relating the documents to the current
				  landowner.
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 B - LAND APPLICATION PROPOSAL REQUIREMENTS FOR PERMISSION TO APPLY SOIL AND GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS TO AGRICULTURAL LAND › Section 130d.28 - Identification of interest

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General information
. Each land application proposal shall
				  contain the following information:
(1) The
				  legal names, addresses and telephone numbers of:
(i) The applicant.
(ii) The applicator.
(iii) Any contractor, if the contractor is a
				  person other than the applicant.
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 B - LAND APPLICATION PROPOSAL REQUIREMENTS FOR PERMISSION TO APPLY SOIL AND GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS TO AGRICULTURAL LAND › Section 130d.29 - Compliance information

Current through Register Vol. 54, No. 28, July 13, 2024
The land application proposal shall contain a verified
					 statement attesting that the proposed land application will comply with all
					 applicable Federal, State and local laws, rules, regulations and
					 ordinances.
This section cited in 7 Pa. Code §
												130d.31 (relating to criteria for
						approval or denial).
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 B - LAND APPLICATION PROPOSAL REQUIREMENTS FOR PERMISSION TO APPLY SOIL AND GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS TO AGRICULTURAL LAND › Section 130d.30 - Environmental assessment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Impacts
. The land application proposal shall include an
				  environmental assessment setting forth a detailed analysis of the potential
				  impact of the application of the soil and groundwater contaminated with
				  agricultural chemicals to the proposed agricultural site, including potential
				  environmental harms of the proposed land application such as any short term or
				  long term effects or degradation to the fertility or quality of the
				  agricultural land at the application site, water uses and land uses, and
				  potential deleterious effects on contiguous land, the environment and the
				  public health and safety. The applicant shall consider environmental features
				  such as streams, wells, local parks and habitats of concern.
(b)
Mitigation
. The land
				  application proposal shall include a mitigation plan. The mitigation plan shall
				  delineate the steps the applicant will take in the event the application of the
				  soil or groundwater contaminated with agricultural chemicals has a negative
				  impact on the application site or the environment or causes harm or degradation
				  to the application site or contiguous land, or both.
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 C - LAND APPLICATION PROPOSAL REVIEW PROCEDURES › Section 130d.32 - Receipt of land application proposal and completeness review

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Receipt
				  of land application proposal and completeness review
. After receipt of
				  a land application proposal, the Department will determine whether the land
				  application proposal is administratively complete.
(b)
Receipt
. For purposes of
				  this section, "receipt of application" does not occur until the land
				  application proposal is deemed administratively complete.
(c)
Administratively complete land
				  application proposal
. A land application proposal is administratively
				  complete if it contains all the necessary information, approvals, maps and
				  other documents required by this chapter. There is no set timetable for review
				  of a land application proposal. If the land application proposal is
				  administratively complete, the Department will make every effort to render a
				  decision, within 60 days of receiving the administratively complete land
				  application proposal, to approve, approve with modifications or deny the land
				  application proposal. The Department will mail the applicant a written notice
				  of approval or disapproval. A notice of disapproval will state the reasons for
				  the Department's disapproval of the land application proposal.
(d)
Incomplete land application
				  proposal
. When the land application proposal is not complete, the
				  Department will send a written notice and a request for additional information
				  and documentation to the applicant. When additional information and
				  documentation is requested, the Department's review and consideration of the
				  land application proposal will cease until the requested material is received.
				  Upon receipt of all the additional information and documentation requested, the
				  Department will resume its review of the land application proposal. The
				  Department will deny the land application proposal if the applicant fails to
				  provide the additional information and documentation within 60 days of mailing
				  of the request for additional information and documentation.
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 C - LAND APPLICATION PROPOSAL REVIEW PROCEDURES › Section 130d.33 - Review process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Department will review all proposals for land application of soil or
				  groundwater contaminated with agricultural chemicals, generated as the result
				  of remediation activities at agricultural chemical facilities, to be applied to
				  agricultural land.
(b) The
				  Department will review all land application proposals with regard to the land
				  application of agricultural chemicals only.
(c) Where chemicals other than agricultural
				  chemicals are contained in the contaminated media, the Department will review
				  the land application proposal in accordance with provisions set forth in §
										§
										130d.2(d) and
				  130d.31(d)
				  (relating to scope; and criteria for approval or denial).
(d) The decision of the Department to approve
				  or deny a land application proposal is final.
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.42 - Land application rates and procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application rate
. When
				  applying soil and groundwater contaminated with agricultural chemicals, the
				  approved applicant shall follow the application rates set forth and approved by
				  the Department in the land application proposal and operation plan.
(b)
Application rates and
				  procedures
. The approved applicant shall follow the application rates,
				  standards and techniques in the operating plan and approved land application
				  proposal. The applicant shall assure:
(1) The
				  application rate of the various compounds present in each soil pile or quantity
				  of groundwater contaminated with agricultural chemicals adheres to and does not
				  exceed the labeling rate for each compound present.
(2) Where more than one pesticide or other
				  agricultural chemical is present in a soil pile or quantity of groundwater, the
				  soil pile or groundwater shall be applied at the most restrictive labeling
				  rate.
(3) The soil and groundwater
				  contaminated with agricultural chemicals shall be applied in a manner that
				  assures an even distribution of agricultural chemicals within the soil pile or
				  quantity of groundwater and ensures the application rate will be uniform across
				  the field application site. In addition, where incorporation is necessary, the
				  incorporation techniques used for soil piles contaminated with agricultural
				  chemicals shall achieve a mixture of top soil and contaminated media and ensure
				  the contaminated media is incorporated to a depth of at least 6 inches. The
				  contaminated media shall be incorporated into the soil at the application site
				  within 24 hours of application.
(4)
				  The applicant shall utilize techniques and procedures that assure topsoil will
				  not be lost, removed, stripped off the land or buried under the contaminated
				  soil to be applied. In addition, the techniques and procedures utilized shall
				  assure the application rate will be uniform across the field application area
				  or as close to uniform as is possible given the current technology, machinery
				  and application techniques available.
(5) The total amount of nutrients applied
				  through the land application plus other commercial fertilizers, manure and
				  nutrient applications may not violate the provisions of any label, the Federal
				  Insecticide, Fungicide and Rodenticide Act of 1947 (7 U.S.C.A. §
												§
												136-136y) or the Pennsylvania Pesticide
				  Control Act of 1973 (3 P. S. §
												§
												111.21-111.61).
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.43 - Additional application requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The approved applicant shall follow the crop rotation and
					 nutrient and pesticide management plans in the approved operating plan. The
					 Department will monitor the operation to assure the plans are being
					 followed.
This section cited in 7 Pa. Code §
												130d.51 (relating to general
						requirements).
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.45 - Prohibited applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. The following applications of soil or groundwater
				  contaminated with agricultural chemicals are prohibited, unless specifically
				  authorized by the Department in writing:
(1)
				  An application which would violate any provisions of the act, the environmental
				  protection acts or this chapter.
(2) An application to any "preserved
				  farmland" as defined in 4 Pa. Code Chapter 7, Subchapter W (relating to
				  agricultural land preservation policy).
(3) An application to soil designated as
				  "prime farmland" as defined under
				  7 CFR
				  657 (relating to prime and unique
				  farmland).
(4) An application which
				  would render the farmland unusable for agricultural purposes or would cause
				  unreasonable adverse effects on the environment.
(5) An application to a site which would
				  cause the total annual application amounts of an agricultural chemical to
				  exceed its respective labeling application rate.
(6) An application that does not comply with
				  existing laws and regulations.
(7)
				  An application where the soil or groundwater contaminated with agricultural
				  chemicals contains a constituent in such high concentrations that it requires a
				  loading rate which would give the media little or no nutrient or soil
				  conditioning value or little or no pesticide value when applied to the proposed
				  application site.
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.46 - Daily operational records

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. The applicant
				  approved to apply soil and groundwater contaminated with agricultural chemicals
				  to agricultural land shall make and maintain an operational record for each day
				  that the contaminated soil or groundwater is applied. These records shall be
				  maintained in dated files and made accessible to the Department upon
				  request.
(b)
Contents of
				  daily operational record
. The daily operational record shall include
				  the following:
(1) The specific soil piles or
				  quantities of groundwater contaminated with agricultural chemicals applied that
				  day, including weight or volume and types and levels of pesticides,
				  fertilizers, soil conditioners, nutrients and other chemicals in each soil pile
				  or quantity of groundwater applied.
(2) The technique and equipment used to apply
				  and incorporate each soil pile or quantity of groundwater contaminated with
				  agricultural chemicals, as well as the depth of incorporation.
(3) The application rate and calculations
				  evidencing the application rate for each soil pile or quantity of groundwater
				  contaminated with agricultural chemicals are in compliance with this
				  chapter.
(4) The specific location
				  of the application of each soil pile or quantity of groundwater contaminated
				  with agricultural chemicals.
(5)
				  The name, mailing address, county and state of each remediation site from which
				  the contaminated media came and the specific soil pile or quantity of
				  groundwater received from each remediation site. The records shall
				  cross-reference the specific location of the application of each soil pile or
				  quantity of groundwater contaminated with agricultural chemicals.
(6) A record of any deviations from the
				  approved land application proposal operating plan.
(7) The general weather conditions during
				  application.
(8) A record of
				  actions taken to correct deviations from the operating plan or violations of
				  the act, the environmental protection acts or this chapter.
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.47 - Reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person who
				  receives approval from the Department to apply soil or groundwater contaminated
				  with agricultural chemicals, generated as a result of remediation activities at
				  agricultural chemical facilities, to agricultural land shall file an annual
				  operational report or a final report, or both, with the Department. The annual
				  operational report required by §
										130d.48 (relating to annual
				  operational report) shall be filed with the Department within 60 days of the
				  end of the 1-year time period running from the beginning of application of the
				  soil and groundwater contaminated with agricultural chemicals to the
				  application site and each year of operation thereafter. The final report
				  required by §
										130d.62 (relating to final report)
				  shall be filed with the Department along with the site closure plan required by
				  §
										130d.61 (relating to site closure
				  plan) within 60 days of final closure of the application site. The annual
				  report and the final report may be combined when the application of the
				  contaminated soil or groundwater is completed in 1 year or less.
(b) The records and reports shall be
				  submitted on forms prepared by the Department and shall contain the following:
(1) The name, mailing address, county and
				  telephone number of the person applying the contaminated soil or
				  groundwater.
(2) The name, mailing
				  address, county and telephone number of the owner of the agricultural land upon
				  which the contaminated soil or groundwater is being or has been
				  applied.
(3) A copy of the daily
				  records and annual operational report required by §
											130d.46 (relating to daily
				  operational records) and § 130d.48.
(4) A spread sheet on each soil pile or
				  quantity of groundwater applied cross-referencing the field to which it was
				  applied and documenting the following:
(i) The
				  chemical analysis of the specific soil pile or quantity of groundwater
				  applied.
(ii) The application
				  method used for each soil pile or quantity of groundwater.
(iii) The date of incorporation and depth of
				  incorporation of each soil pile.
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.48 - Annual operational report

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. The applicant
				  approved to apply soil and groundwater contaminated with agricultural chemicals
				  to agricultural land shall make and maintain an annual operational record.
				  These records shall be maintained according to generally accepted
				  principles.
(b)
Contents of
				  annual operational report
. The annual operational record shall be a
				  compilation of the daily records made and maintained by the approved applicant.
				  The annual operational record shall be a synopsis of the daily records and
				  shall include the following:
(1) A synopsis of
				  the weight or volume and types and levels of pesticides, fertilizers, soil
				  conditioners nutrients and other chemicals applied to each field or plot at the
				  application site.
(2) A synopsis of
				  the techniques and equipment used to apply and incorporate each soil pile or
				  quantity of groundwater contaminated with agricultural chemicals to each field
				  or plot at the application site and the depth of incorporation at each field or
				  plot.
(3) A synopsis of the
				  application rate and calculations evidencing the application rate to each field
				  or plot for each soil pile or quantity of groundwater contaminated with
				  agricultural chemicals is in compliance with this chapter.
(4) A final list containing the name, mailing
				  address, county and state of each remediation site from which contaminated
				  media came that was applied to the site. This list shall identify each soil
				  pile and quantity of groundwater received from each remediation site.
(5) A final list, including dates, of any
				  deviations from the land application proposal operating plan.
(6) A final list, including dates, of actions
				  taken to correct deviations from the operating plan or violations of the act,
				  the environmental protection acts or this chapter.
(7) A current certificate of insurance, as
				  specified in §
											130d.26 (relating to financial
				  responsibility), evidencing continuous coverage for comprehensive general
				  liability insurance.
(8) A map of
				  the same scale and type required by §
											130d.25 (relating to maps and
				  related information), showing the field boundaries where soil and groundwater
				  contaminated with agricultural chemicals was applied, and the volume and type
				  of agricultural chemicals and contaminated media applied to each field or other
				  approved application area.