§ 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.
Cross References This section cited in 7 Pa. Code § 130d.51 (relating to general requirements).
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