§ 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).
Cross References This section cited in 7 Pa. Code § 130d.33 (relating to review process).
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