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 E - GENERAL REQUIREMENTS AND EXCEPTIONS FOR USE AND APPLICATION OF GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS AS TANK MIX › Section 130d.51 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Special land application proposal form
. A person seeking
				  approval to utilize and apply groundwater contaminated with agricultural
				  chemicals generated as a result of remediation activities at an agricultural
				  chemical facility as tank mix, shall apply in writing on a special land
				  application proposal form prepared by the Department. The person seeking
				  permission shall follow the land proposal application procedures in Subchapters
				  B and D (relating to land application proposal requirements for permission to
				  apply soil and groundwater contaminated with agricultural chemicals to
				  agricultural land; and general operating requirements for land application of
				  soil and groundwater contaminated with agricultural chemicals to agricultural
				  land).
(b)
Review and
				  approval of special land application proposal form
. The Department
				  will follow the review process in Subchapter C (relating to land application
				  proposal review procedures) when reviewing an application for use of
				  groundwater contaminated with agricultural chemicals as tank mix. When the
				  Department permits groundwater contaminated with agricultural chemicals,
				  generated as a result of remediation activities at an agricultural chemical
				  facility, to be applied as tank mix to agricultural land, the applicant shall
				  comply with the provisions of this chapter except those expressly waived in
				  writing by the Department in its letter of approval.
(c)
Denial of special land
				  application proposal form
. When the Department denies a request to
				  utilize and apply groundwater contaminated with agricultural chemicals as tank
				  mix, the person seeking approval may still submit a land application proposal
				  form under the standard provisions of this chapter. The Department's letter of
				  denial will set forth the reasons for the denial.
(d)
Ongoing testing and monitoring
				  requirement
. When the Department approves the application of
				  groundwater contaminated with agricultural chemicals, as tank mix, the approved
				  applicant shall be required to conduct quarterly testing and monitoring of the
				  groundwater and submit the results of the tests to the Department. The testing
				  shall be done in accordance with §
										§
										130d.22 and
				  130d.23 (relating to chemical
				  analysis of waste and sampling techniques and protocol; and waste sampling
				  plan), shall test and monitor for the agricultural chemicals set forth in the
				  applicant's approved land application proposal and shall be consistent with the
				  land application proposal approved by the Department. The approved applicant
				  shall continue to monitor and test until a final closure plan has been
				  submitted to and approved by the Department and pumping and application of the
				  groundwater contaminated with agricultural chemicals has ceased. This
				  requirement applies to each well or other source from which the groundwater
				  contaminated with agricultural chemicals to be utilized as tank mix is being
				  drawn or pumped. Based on the quarterly test results and consistent with the
				  rates and procedures in §
										§
										130d.41-130d.45, the Department may allow
				  or require the approved applicant to change the rates of application.
(e)
Cancellation of approval to
				  utilize and apply groundwater contaminated with agricultural chemicals as tank
				  mix
. The Department will cancel the approval to utilize and apply
				  groundwater contaminated with agricultural chemicals as tank mix if the
				  groundwater contamination levels rise above the DEP published MCL and HAL
				  standards or new contaminants are found. The utilization and land application
				  of the contaminated groundwater as tank mix shall immediately cease. The
				  previously approved applicant shall no longer fall under the exception
				  established by this subchapter and delineated in the Department's letter of
				  approval. The previously approved applicant shall be required to either cease
				  and desist or, where possible, comply with the standard land application
				  requirements of this chapter. Land application of the groundwater contaminated
				  with agricultural chemicals may not resume until the previously approved
				  applicant can demonstrate compliance with this chapter.