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.31 - Criteria for approval or denial

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Acceptance
. In
				  accordance with the authority in section 904(b) of the act (35 P. S. §
											6026.904(b)), the Department
				  will accept and review only those proposals which seek to apply soil or
				  groundwater contaminated with agricultural chemicals, generated as a result of
				  remediation activities at agricultural chemical facilities, that are to be
				  applied to agricultural land.
(b)
Approval, denial, modification and rescission
. When exercising
				  its power to approve, deny or request modification of a proposal to apply soil
				  or groundwater contaminated with agricultural chemicals generated as a result
				  of remediation activities at agricultural chemical facilities that is to be
				  applied to agricultural land, the Department will follow the Pennsylvania
				  Pesticide Control Act of 1973 (3 P. S. §
											§
											111.21-111.61),
				  3
				  Pa.C.S. §
											§
											6701-6725 (relating to
				  Fertilizer Act),
				  3
				  Pa.C.S. §
											§
											6901-6921 (relating to
				  Soil and Plant Amendment Act), the Nutrient Management Act (3 P. S. §
											§
											1701-1718) and the Federal
				  Insecticide, Fungicide and Rodenticide Act of 1947 (7 U.S.C.A. §
											§
											136-136y). The Department will deny a
				  land application proposal that violates any provision of the acts in this
				  subsection. The Department may rescind approval of a land application proposal
				  if the person applying the contaminated soil or groundwater violates any
				  provision of the Pennsylvania Pesticide Control Act of 1973, the Fertilizer
				  Act, the Soil and Plant Amendment Act, the Nutrient Management Act, the Federal
				  Insecticide, the Fungicide and Rodenticide Act of 1947, the act or this chapter
				  or if it discovers a mistake or falsification made in the land application
				  proposal, the test results, the sampling techniques or any part of the
				  operation and actual application of the soil or groundwater to the agricultural
				  land.
(c)
Affirmation of
				  facts
. A land application proposal will not be approved unless the
				  applicant affirmatively demonstrates to the Department's satisfaction that the
				  following conditions are met:
(1) The land
				  application proposal is complete, accurate and meets the standards established
				  by the act and this chapter.
(2)
				  The land application of the soil and groundwater contaminated with agricultural
				  chemicals detailed in the land application proposal can be feasibly
				  accomplished, under the techniques and facts set forth therein and as required
				  by the act and this chapter.
(3)
				  The land application of the soil and groundwater contaminated with agricultural
				  chemicals detailed in the land application proposal will not cause harm to the
				  environment, the health, safety and welfare of the general public, or degrade
				  or pollute the agricultural land to which it will be applied.
(4) The land application of the soil and
				  groundwater contaminated with agricultural chemicals detailed in the land
				  application proposal will not violate the Pennsylvania Pesticide Control Act of
				  1973, the Fertilizer Act, the Soil and Plant Amendment Act, the Nutrient
				  Management Act or the Federal Insecticide, Fungicide and Rodenticide Act of
				  1947.