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.44 - Limitations on land application of soil and groundwater contaminated with agricultural chemicals

Current through Register Vol. 54, No. 28, July 13, 2024
When applying soil and groundwater contaminated with
					 agricultural chemicals the approved applicant shall assure the
					 following:
(1)
Labeling
				  rates
. Pesticide contaminated soil and groundwater shall be applied to
				  a site or crop, or both, in a manner consistent with labeling directions and
				  requirements for that pesticide.
(2)
Annual crops
. In the
				  case of annual crops, the crop shall be grown on the application area during
				  the season that the application is made.
(3)
Postharvest application
. If land application is conducted in the fall or postharvest, the crop
				  following the application shall be suitable for the labeling requirements of
				  the agricultural chemicals contained in the soil and groundwater to be land
				  applied.
(4)
Site
				  suitability
. Site suitability will be based on the land application
				  proposal. The information contained within the land application proposal shall
				  evidence that the rates of application of the soil and groundwater contaminated
				  with agricultural chemicals will comply with labeling requirements, will not
				  exceed labeling rates, will not exceed additivity requirements and will not
				  cause damage to the proposed application site or adjacent land or water.
				  General slope, drainage characteristics, presence of shallow groundwater,
				  distance to surface waters and suitability for agricultural purposes are some
				  of the characteristics that will be considered.
(5)
Application of soil
				  piles
. To allow for proper incorporation of contaminated soil piles,
				  the soil piles may not be applied overtop of the soil at the application site
				  at a thickness greater than 1/2 inch. The soil piles shall be incorporated into
				  the soil at the application site to a depth of at least 6 inches, unless
				  otherwise authorized by the Department.
(6)
Application techniques
.
				  Soil and groundwater contaminated with agricultural chemicals may not be
				  applied by any type of spray irrigation equipment or by aerial equipment or any
				  other technique that may cause or lead to excessive drift of the agricultural
				  chemicals contained in the soil or groundwater unless the person has
				  demonstrated in the land application proposal the equipment or technique will
				  not cause aerosol transport offsite or onto a field that will contain an
				  incompatible crop, and the Department has approved in writing this machinery or
				  technique.
(7)
Ponding and
				  standing accumulations
. Soil and groundwater contaminated with
				  agricultural chemicals shall be applied to the soil surface and incorporated in
				  a manner that prevents ponding or standing accumulations of contaminated soil
				  or groundwater, or both, on or overtop of the topsoil at the application
				  site.
(8)
Pasturing or
				  grazing
. Livestock may not be pastured or allowed to graze on areas
				  where soil and groundwater contaminated with agricultural chemicals has been
				  applied for at least 3 years subsequent to the application, unless otherwise
				  approved by the Department in writing.
(9)
Land use and crops
. The
				  use that will be made of the proposed application area and the crops that will
				  be grown on the site subsequent to the application of the soil and groundwater
				  contaminated with agricultural chemicals shall be consistent with the labeling
				  requirements of the pesticides contained in the soil piles or groundwater to be
				  applied.
This section cited in 7 Pa. Code §
												130d.51 (relating to general
						requirements).