§ 130d.2. Scope.
(a) The Department has the powers and the duties set forth under section 904(d) of the act (35 P. S. § 6026.904(d)).
(b) This chapter specifies general procedures and rules for persons who solicit and receive 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.
(c) This chapter applies only to the application of soil or groundwater contaminated with agricultural chemicals, generated as a result of remediation activities, at agricultural chemical facilities and applied to agricultural lands. The Department has no power to issue final approval for the land application of soil or groundwater generated as the result of remediation activities as follows:
(1) That are contaminated with chemicals or substances other than agricultural chemicals.
(2) That were not undertaken at an agricultural chemical facility.
(3) Where the contaminated soil or groundwater will be applied to land other than agricultural land.
(d) The applicant is responsible for obtaining any additional permits or approvals necessary for management of waste that contains agricultural chemicals and other chemicals or substances. The applicant shall submit an affidavit attesting to the fact that either no contaminants other than the agricultural chemicals tested for and set forth in its application are present in the soil or groundwater it seeks to apply to the agricultural land or if other contaminants exist, an affidavit stating what those contaminants are and attesting to the fact the applicant has received all permits or approvals necessary for the application of those contaminants to agricultural land. If the permits or approvals are obtained prior to submission of the land application proposal, the permits or approvals, or both, shall be attached to the land application proposal.
Cross References This section cited in 7 Pa. Code § 130d.31 (relating to criteria for approval or denial); and 7 Pa. Code § 130d.33 (relating to review process).
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