[34 Pa.B. 4575]
[Continued from previous Web Page] § 130d.25. Maps and related information.
(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).
(b) Soils map. A land application proposal shall contain a United States Department of Agriculture Soil Conservation Service Soils Map or other reliable data if current soils maps are unavailable, which shows the location and types of soils within the proposed application area.
§ 130d.26. Financial responsibility.
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.
§ 130d.27. Right of entry and agreement with landowner.
(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.
(b) Right of entry. Each land application proposal shall contain, upon a form prepared and furnished by the Department, the irrevocable written consent of the landowner to the Commonwealth and its authorized agents to enter the proposed application site. The consent shall be obtained prior to final approval of the land application proposal by the Department and shall be applicable prior to the initiation of operations, for the duration of operations at the application site, and for not less than 1 year nor more than 3 years after final closure for the purpose of inspection and monitoring. Failure of the landowner to give consent shall result in denial of the land application proposal.
§ 130d.28. Identification of interest.
(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.
(2) The name, address and telephone number of the current owner of record of the agricultural land on which the applicant intends to apply the soil and groundwater contaminated with agricultural chemicals.
(b) Ownership information. Each land application proposal shall contain a statement of whether the applicant is an individual, corporation, partnership, limited partnership, limited liability company, proprietorship, municipality, syndicate, joint venture or other association or entity. For applicants other than sole proprietorships, the land application proposal shall contain the following information, if applicable:
(1) The name and address of every officer, general and limited partner, director and other persons performing a function similar to a director of the applicant.
(2) For corporations, the names, principal places of business and the Internal Revenue Service tax identification numbers of the applicant corporation, United States parent corporations of the applicant, including ultimate parent corporations, and all United States subsidiary corporations of the applicant and the applicant's parent corporations.
(3) The names and addresses of other persons or entities having or exercising control over any aspect of the land application of the soil and groundwater contaminated with agricultural chemicals, including associates and agents. This shall include a description of the duties and responsibilities and the control to be exercised by these persons.
(c) Permits and approvals. Each land application proposal submitted to the Department shall list the additional permits or approvals necessary for the land application of the contaminated soil and groundwater to the proposed application site. The land application proposal shall set forth the status of those permits or approvals.
(d) Applicant history. Each land application proposal shall set forth previous experience of the applicant with regard to land application of agricultural waste or soil or groundwater contaminated with agricultural or other chemicals. The applicant shall identify the location of the sites, the type of operation undertaken and any environmental problems or citations during or resulting from the operation.
§ 130d.29. Compliance information.
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.
§ 130d.30. Environmental assessment.
(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.
Subchapter C. LAND APPLICATION PROPOSAL REVIEW PROCEDURES Sec.
130d.31. Criteria for approval or denial. 130d.32. Receipt of land application proposal and completeness review. 130d.33. Review process. § 130d.31. Criteria for approval or denial.
(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.
(d) Soil or groundwater containing other chemicals in addition to agricultural chemicals. Where the soil or groundwater sought to be applied contains other chemicals in addition to agricultural chemicals, the Department may begin review of the land application proposal for the application of the agricultural chemicals in the soil or groundwater but will not consider the land application proposal complete or issue an approval until the applicant has provided the Department with the information required by §§ 130d.2(d), 130d.21(d) and 130d.29 (relating to scope; general requirements for land application form; and compliance information).
§ 130d.32. Receipt of land application proposal and completeness review.
(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.
§ 130d.33. Review process.
(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.
Subchapter D. GENERAL OPERATING REQUIREMENTS FOR LAND APPLICATION OF SOIL AND GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS TO AGRICULTURAL LAND Sec.
130d.41. Standards for land application of soil and groundwater contaminated with agricultural chemicals. 130d.42. Land application rates and procedures. 130d.43. Additional application requirements. 130d.44. Limitations on land application of soil and groundwater contaminated with agricultural chemicals. 130d.45. Prohibited applications. 130d.46. Daily operational records. 130d.47. Reports. 130d.48. Annual operational report. § 130d.41. Standards for land application of soil and groundwater contaminated with agricultural chemicals.
A person approved to apply soil or groundwater contaminated with agricultural chemicals resulting from the remediation of an agricultural facility to agricultural land shall comply with the following:
(1) The land application and application rate shall be consistent with labeling requirements for the pesticide active ingredients found in the soil or groundwater being land applied and the Department may require a safety factor of 1/2 the label application rate. With regard to fertilizer found in the soil or groundwater being land applied, the application shall be consistent with labeling and standards established by the Pennsylvania Agronomy Guide.
(2) The cumulative effect of all pesticides found in the soil or groundwater being land applied shall be consistent with the labeling requirements for each pesticide and may not exceed the labeling rate for any of the pesticides contained in the soil pile or quantity of groundwater contaminated with agricultural chemicals.
(3) The cumulative effect of all fertilizers or soil amendments, or both, found in the soil or groundwater being land applied shall be consistent with and not exceed the standards established by the Pennsylvania Agronomy Guide.
(4) Proper application techniques set forth and approved by the Department in the applicant's operational plan shall be followed.
(5) Consultants or other individuals directing land application activities shall be certified in the appropriate use category for the pesticides being applied. A certified applicator is required to be onsite at all times during the application of pesticide contaminated soils.
(6) Individual soil piles and groundwater contaminated with agricultural chemicals may not be consolidated for application without prior written approval from the Department and the landowner.
(7) The Department may approve the application of additional agricultural chemicals, not found in background levels at the proposed application site, to the proposed application site in cases when the application rate will not result in crop injury, illegal crop residues, polluting or fouling of the agricultural land or cause unreasonable adverse effects on the environment. The Department will not approve an application of contaminated soil or groundwater where the application is likely to result in crop injury, illegal crop residues, polluting or fouling of the agricultural land or cause unreasonable adverse affects on the environment.
(8) The application of agricultural chemicals shall be in compliance with the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §§ 111.21--111.61), the Federal Insecticide, Fungicide and Rodenticide Act of 1947 (7 U.S.C.A. §§ 136--136y), sections 6701--6725 of 3 Pa.C.S. (relating to Fertilizer Act), sections 6901--6921 of 3 Pa.C.S. (relating to Soil and Plant Amendment Act), the Pennsylvania Agronomy Guide and any nutrient management plan approved under the Nutrient Management Act.
(9) Banned, cancelled or suspended agricultural chemicals may not be applied, as established by the regulations under the Pennsylvania Pesticide Control Act of 1973, the Federal Insecticide, Fungicide and Rodenticide Act of 1947 and the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§ 6901--6986).
(10) Incompatible agricultural chemicals may not be applied. The land application of incompatible agricultural chemicals is prohibited by the Pennsylvania Pesticide Control Act of 1973 and the Federal Insecticide, Fungicide and Rodenticide Act of 1947.
(11) The person responsible for the land application of the soil and groundwater contaminated with agricultural chemicals shall comply with all local ordinances.
§ 130d.42. Land application rates and procedures.
(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).
(c) Timetable for land application of soil and groundwater contaminated with agricultural chemicals. Land application of soil and groundwater contaminated with agricultural chemicals shall be applied between April 1 and September 30 of each year, unless otherwise approved in writing by the Department.
(d) Federal Insecticide, Fungicide and Rodenticide Act of 1947 and Pennsylvania Pesticide Control Act of 1973. Application, application rates and application techniques used to land apply soil piles and quantities of groundwater contaminated with agricultural chemicals may not violate the Federal Insecticide, Fungicide and Rodenticide Act of 1947 or the Pennsylvania Pesticide Control Act of 1973.
§ 130d.43. Additional application requirements.
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.
§ 130d.44. Limitations on land application of soil and groundwater contaminated with agricultural chemicals.
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.
§ 130d.45. Prohibited applications.
(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.
(b) Setback areas where land application is prohibited. The operation plan shall address how the applicant intends to comply with this subsection. Soil and groundwater contaminated with agricultural chemicals may not be applied in the following areas:
(1) Within 100 feet of an intermittent or perennial stream as defined in 25 Pa. Code § 271.1 (relating to definitions).
(2) Within 300 feet of a water source, as defined in 25 Pa. Code § 271.1, unless the current owner of the water source has provided a written waiver consenting to the activities closer than 300 feet.
(3) Within 100 feet of a sinkhole or diversion ditch.
(4) Within 100 feet of an exceptional value wetland, as defined in 25 Pa. Code § 105.17 (relating to wetlands).
(5) Within 100 feet measured horizontally from an occupied dwelling, unless the current owner thereof has provided a written waiver consenting to the activities closer than 100 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
§ 130d.46. Daily operational records.
(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.
(c) Retention. Daily operational records shall be maintained and retained until final approval of the site closure plan required by Subchapter F (relating to closure) by the Department. These records shall be available to the Department upon request.
§ 130d.47. Reports.
(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.
§ 130d.48. Annual operational report.
(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.
Subchapter E. GENERAL REQUIREMENTS AND EXCEPTIONS FOR USE AND APPLICATION OF GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS AS TANK MIX Sec.
130d.51. General requirements. 130d.52. General exceptions. § 130d.51. General requirements.
(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.
§ 130d.52. General exceptions.
(a) When the chemical and waste analysis results manifest that the types and concentrations levels of agricultural chemicals contained in the quantity of groundwater, generated as a result of remediation activities at an agricultural chemical facility, sought to be land applied are at levels below DEP published MCL and HAL standards, the Department may allow the groundwater to be utilized as tank mix.
(b) When the Department permits groundwater contaminated with agricultural chemicals to be utilized as tank mix, the Department may waive certain provisions of this chapter. The Department will determine which provisions to waive based on the information contained in the land application proposal, with special attention to the types, levels and concentrations of agricultural chemicals in the groundwater the applicant is seeking to apply. The Department will set forth the waivers specifically in its letter of approval.
(c) The Department will not waive the following provisions:
(1) Subchapter B (relating to land application proposal requirements for permission to apply soil and groundwater contaminated with agricultural chemicals to agricultural land).
(2) Subchapter C (relating to land application proposal review procedures).
(3) Subchapter D (relating to general operating requirements for land application of soil and groundwater contaminated with agricultural chemicals to agricultural land).
(4) Subchapter F (relating to closure).
Subchapter F. CLOSURE Sec.
130d.61. Site closure plan. 130d.62. Final report. § 130d.61. Site closure plan.
(a) General. The applicant approved by the Department to land apply soil and groundwater contaminated with agricultural chemicals to agricultural land shall submit a site closure plan and final report delineating the results of the land application activity to the Department. The site closure plan and final report shall be filed with the Department within 60 days of final closure of the application site.
(b) Contents of plan. The site closure plan shall include the following:
(1) A proposed postapplication field soil sampling and analysis plan which shall be consistent with the procedures for soil sampling and analysis in §§ 130d.22 and 130d.23 (relating to chemical analysis of waste and sampling techniques and protocol; and waste sampling plan).
(2) The compounds analyzed for and the methods of analysis. This should be consistent with the initial background components analyzed and the methods used.
(3) A discussion of any problems encountered during the project and actions taken to correct any problems or violations.
§ 130d.62. Final report.
The applicant approved by the Department to apply soil and groundwater contaminated with agricultural chemicals to agricultural land shall submit a final report to the Department. The final report shall be submitted to the Department within 60 days of final closure of the application site and shall contain the final results of the site closure plan, a narrative describing both positive and negative results of the land application and the following information:
(1) The names of the persons supervising the application.
(2) The total acreage on which the soil or groundwater, or both, contaminated with agricultural chemicals was applied.
(3) The dates of each application.
(4) The start and stop time of each application.
(5) The weather conditions during each application.
(6) The calibration measures used.
(7) The type of equipment used.
(8) The type of incorporation method used and the date of incorporation.
(9) The types and concentrations of agricultural chemicals present in each soil pile or quantity of groundwater and the specific field to which each soil pile or quantity of groundwater, or both, was applied.
(10) A discussion of any problems that occurred and actions taken to correct the problems.
(11) The analytical results of both the original application site analysis and the field closure soil sampling plan.
[Pa.B. Doc. No. 04-1543. Filed for public inspection August 20, 2004, 9:00 a.m.]
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