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.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Act
-The Land Recycling and Environmental
					 Remediation Standards Act (35 P. S. §
											§
											6026.101-6026.908).
Active ingredient
-
(i) In the case of a pesticide other than a
				  plant regulator, defoliant or desiccant, an ingredient which will prevent,
				  destroy, repel or mitigate any pest.
(ii) In the case of a plant regulator, an
				  ingredient which, through physiological action, will accelerate or retard the
				  rate of growth or rate of maturation or otherwise alter the behavior of
				  ornamental or crop plants or the product thereof.
(iii) In the case of a defoliant, an
				  ingredient which will cause the leaves or foliage to drop from a
				  plant.
(iv) In the case of a
				  desiccant, an ingredient which will artificially accelerate the drying of plant
				  tissue.
Agricultural chemical
-A substance defined
					 as a fertilizer, under
					 3
					 Pa.C.S. §
											6702 (relating to
					 definitions), or a substance defined as a plant amendment, plant-amending
					 ingredient, soil amendment or soil-amending ingredient under
					 3
					 Pa.C.S. §
											6902 (relating to definitions)
					 or a substance regulated under the Pennsylvania Pesticide Control Act of 1973
					 (3 P.
					 S. §
											§
											111.21-111.60).
Agricultural chemical facility
-A facility
					 where agricultural chemicals are held, stored, blended, formulated, sold or
					 distributed. The term does not include facilities identified by the North
					 American Industry Classification System (NAICS) in NAICS 325320 where
					 agricultural chemicals are manufactured.
Agricultural land
or
farmland
-Land in this Commonwealth that is currently being
					 utilized for the commercial production of agricultural crops, livestock or
					 livestock products, poultry products, milk or dairy products, fruit or other
					 horticultural products.
Animal
-All vertebrate and invertebrate
					 species, including man and other mammals, birds, fish and shellfish.
Application site
-The farmland area
					 approved to receive an application of soil or groundwater contaminated with
					 agricultural chemicals and delineated in the applicant's land application
					 proposal containing and detailing the exact location of the farmland upon which
					 the soil or groundwater contaminated with the agricultural chemicals is to be
					 applied, including the property boundaries of the farmland and each field upon
					 which the contaminated soil or groundwater will be applied.
Applicator
-A certified applicator, private
					 applicator, commercial applicator, public applicator or pesticide application
					 technician.
(i)
Certified
				  applicator
. An individual who is certified under section
				  16.1, 17 or 17.1 of the
				  Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
											§
											111.36a 111.37 and 111.37a) as competent to
				  use or supervise the use or application of any pesticide.
(ii)
Private applicator
. A
				  certified applicator who uses or supervises the use of any pesticide which is
				  classified for restricted use for purposes of producing any agricultural
				  commodity on property owned or rented by him or his employer or, if applied
				  without compensation other than trading of personal services between producers
				  of agricultural commodities, on the property of another person.
(iii)
Commercial applicator
.
(A) A certified applicator (whether or not
				  the applicator is a private applicator with respect to some uses) who uses or
				  supervises the use of any pesticide on the property or premises of another, or
				  on easements granted under State law.
(B) An applicator who uses or supervises the
				  use of any restricted use pesticide on property owned or rented by him or his
				  employer, when not for purposes of producing an agricultural product.
(C) The Secretary may by regulation deem
				  certain types of applicators using any pesticide on their own property or that
				  of their employer as commercial applicators.