Subchapter A. GENERAL PROVISIONS
Sec.
130d.1. Definitions.
130d.2. Scope.
130d.3. Continuing authority.
130d.4. Retained recordkeeping.
130d.5. Public notice by applicant.§ 130d.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The Land Recycling and Environmental Remediation Standards Act (35 P. S. § § 6026.101—6026.908).
Active ingredient—(i) In the case of a pesticide other than a plant regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repel or mitigate any pest.
(ii) In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof.
(iii) In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant.
(iv) In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue.
Agricultural chemical—A substance defined as a fertilizer, under 3 Pa.C.S. § 6702 (relating to definitions), or a substance defined as a plant amendment, plant-amending ingredient, soil amendment or soil-amending ingredient under 3 Pa.C.S. § 6902 (relating to definitions) or a substance regulated under the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § § 111.21—111.60).
Agricultural chemical facility—A facility where agricultural chemicals are held, stored, blended, formulated, sold or distributed. The term does not include facilities identified by the North American Industry Classification System (NAICS) in NAICS 325320 where agricultural chemicals are manufactured.
Agricultural land or farmland—Land in this Commonwealth that is currently being utilized for the commercial production of agricultural crops, livestock or livestock products, poultry products, milk or dairy products, fruit or other horticultural products.
Animal—All vertebrate and invertebrate species, including man and other mammals, birds, fish and shellfish.
Application site—The farmland area approved to receive an application of soil or groundwater contaminated with agricultural chemicals and delineated in the applicant’s land application proposal containing and detailing the exact location of the farmland upon which the soil or groundwater contaminated with the agricultural chemicals is to be applied, including the property boundaries of the farmland and each field upon which the contaminated soil or groundwater will be applied.
Applicator—A certified applicator, private applicator, commercial applicator, public applicator or pesticide application technician.(i) Certified applicator. An individual who is certified under section 16.1, 17 or 17.1 of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § § 111.36a, 111.37 and 111.37a) as competent to use or supervise the use or application of any pesticide.
(ii) Private applicator. A certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or his employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person.
(iii) Commercial applicator.
(A) A certified applicator (whether or not the applicator is a private applicator with respect to some uses) who uses or supervises the use of any pesticide on the property or premises of another, or on easements granted under State law.
(B) An applicator who uses or supervises the use of any restricted use pesticide on property owned or rented by him or his employer, when not for purposes of producing an agricultural product.
(C) The Secretary may by regulation deem certain types of applicators using any pesticide on their own property or that of their employer as commercial applicators.
(iv) Public applicator. A certified applicator who applies pesticides as an employee of the State or its instrumentalities or any local agency.
(v) Pesticide application technician. An individual employed by a commercial applicator or governmental agency who, having met the competency requirements of section 16.1 of the Pennsylvania Pesticide Control Act of 1973 is registered by the Secretary to apply pesticides under the direct supervision of a certified applicator.
Background—The concentration of a regulated substance determined by appropriate statistical methods that is present at the site, but is not related to the release of regulated substances at the site.
Cleanup or remediation—To clean up, mitigate, correct, abate, minimize, eliminate, control or prevent a release of a regulated substance into the environment in order to protect the present or future public health, safety, welfare or the environment, including preliminary actions to study or assess the release.
Contaminated media—Soil and groundwater contaminated with agricultural chemicals generated as a result of remediation activities at agricultural chemical facilities.
DEP—The Department of Environmental Protection of the Commonwealth.
Defoliant—Any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.
Department—The Department of Agriculture of the Commonwealth.
Desiccant—Any substance or mixture of substances intended for artificially accelerating the drying of plant tissue.
Environment—Includes water, air, land and all plants and man and other animals living therein, and the interrelationships which exist among these.
Environmental protection acts—Includes:(i) The Clean Streams Law (35 P. S. § § 691.1—691.1001).
(ii) The Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § § 4001.101—4001.1904).
(iii) The Hazardous Sites Cleanup Act (35 P. S. § § 6020.101—6020.1305).
(iv) The Low-Level Radioactive Waste Disposal Act (35 P. S. § § 7130.101—7130.906).
(v) The act of July 13, 1988 (35 P. S. § § 6019.1—6019.6), known as the Infectious and Chemotherapeutic Waste Disposal Law.
(vi) The Air Pollution Control Act (35 P. S. § § 4001—4015).
(vii) The Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.31).
(viii) The Noncoal Surface Mining Conservation and Reclamation Act (35 P. S. § § 3301—3326).
(ix) The Dam Safety and Encroachments Act (32 P. S. § § 693.1—693.27).
(x) The Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003).
(xi) The Nutrient Management Act (3 P. S. § § 1701—1718).
(xii) Sections 6701—6725 of 3 Pa.C.S. (relating to Fertilizer Act).
(xiii) The Pennsylvania Pesticide Control Act of 1973 (3 P. S. § § 111.21—111.61).
(xiv) The Federal Insecticide, Fungicide and Rodenticide Act of 1947 (7 U.S.C.A. § § 136—136y).
(xv) The Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. § § 6901—6986).
(xvi) Sections 6901—6921 of 3 Pa.C.S. (relating to Soil and Plant Amendment Act).
(xvii) Other State or Federal statutes relating to environmental protection or the protection of public health.
Equipment—(i) Any type of ground, water or aerial equipment or contrivance using motorized, mechanical or pressurized power and used to apply any agricultural chemical.
(ii) The term does not include any pressurized hand-sized household apparatus used to apply any agricultural chemical or any equipment or contrivance of which the person who is applying the agricultural chemical is the source of power or energy in pesticide application.
General use pesticides—A pesticide not classified as a restricted use pesticide.
Groundwater—Water below the land surface in a zone of saturation.
HAL—Health Advisory Levels published by the United States Environmental Protection Agency for particular substances.
Habitats of concern—A habitat defined as one of the following:(i) Typical wetlands with identifiable function and value, except for exceptional value wetlands as defined in 25 Pa. Code § 105.17 (relating to wetlands).
(ii) Breeding areas for species of concern.
(iii) Migratory stopover areas for species of concern.
(iv) Wintering areas for species of concern.
(v) Habitat for State endangered plant and animal species.
(vi) Areas otherwise designated as critical or of concern by the Game Commission, the Fish and Boat Commission or the Department of Conservation and Natural Resources.
Incorporation—Plowing or injecting contaminated media to a depth of at least 6 inches and in a manner that ensures a uniform mixture of top soil and contaminated media.
Label—The written, printed or graphic matter on, or attached to the agricultural chemical or device or any of its containers or wrappers.
Labeling—Pertaining to agricultural chemicals, the term means all labels and other written, printed or graphic matter which includes one of the following:(i) That which accompanies the pesticide, agricultural chemical or device at any time.
(ii) To which reference is made on the label or in literature accompanying the agricultural chemical, except to current official publications of the United States Environmental Protection Agency, the United States Departments of Agriculture and Interior, the Departments of Health and Human Services and Education, State experiment stations, State agricultural colleges and other similar Federal or State institutions or agencies authorized by law to conduct research in the field of agricultural chemicals.
Land application proposal—An application for permission to apply soil and groundwater contaminated with agricultural chemicals, generated as a result of remediation activities carried out at an agricultural chemical facility, to agricultural land.
MCL—Maximum contaminant level established for drinking water by DEP.
Person—An individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, authority, nonprofit corporation, interstate body or other legal entity which is recognized by law as the subject of rights and duties. The term includes the Federal Government, State Government, political subdivisions and Commonwealth instrumentalities.
Pesticide—A substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.
Plant regulator—(i) A substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants and soil amendments.
(ii) The term does not include any of those nutrient mixtures or soil amendments, commonly known as vitamin-hormone horticultural products, intended for improvement, maintenance, survival, health and propagation of plants and not for pest destruction and are nontoxic and nonpoisonous in the undiluted packaged concentration.
Prime farmland—Those lands which are defined by the Secretary of the United States Department of Agriculture in 7 CFR 657 (relating to prime and unique farmlands), and which have been historically used for cropland.
Secretary—The Secretary of the Department.
Tank mix or spray mix—A mixture of one or more agricultural chemicals which is diluted with water prior to the time of application.
Treatment—The term shall have the same meaning as given to this term in section 103 of the Hazardous Sites Cleanup Act (35 P. S. § 6020.103).
Under the direct supervision of a certified commercial or public applicator—Unless otherwise prescribed by labeling, the term means application by a registered pesticide application technician acting under the instructions and control of a certified applicator who is available if needed, even though the certified applicator is not physically present at the time and place the pesticide is applied, or application by a crew of noncertified or nonregistered employees working under the instruction and control of a certified commercial or public applicator who is physically present at the job site.
Unreasonable adverse effects on the environment—Any unreasonable risk to man, animal or the environment, taking into account the economic, social and environmental costs and benefits for the use of any agricultural chemical.§ 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).
§ 130d.3. Continuing authority.
(a) Nothing in this chapter may be construed to amend, modify, repeal or otherwise alter any provision of any act cited and the regulations pertaining thereto, relating to civil and criminal penalties or enforcement actions and remedies available to the Department or in any way to amend, modify, repeal or alter the authority of the Department to take appropriate civil and criminal action under those statutes.
(b) Nothing in this chapter may be construed to place any duty, responsibility or liability on the Department for contaminants in soil or groundwater other than agricultural chemicals that were tested for and approved by the Department. The applicant is soley responsible for all duties and liability related to all contaminants other than the agricultural chemicals tested for, set forth in the applicant’s land application proposal and approved by the Department.
§ 130d.4. Retained recordkeeping.
(a) General. An applicant receiving permission to apply soil or groundwater contaminated with agricultural chemicals to agricultural land, shall maintain records in accordance with recordkeeping provisions of section 35 of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § § 111.55) and in accordance with the appropriate recordkeeping provisions of § § 128.11, 128.24, 128.35, 128.53, 128.65 and 128.88. In addition, an approved applicant shall keep the following records:
(1) The daily operation records required by § 130d.46 (relating to daily operational records).
(2) The annual operation report required by § 130d.48 (relating to annual operational report).
(3) The final report required by § 130d.62 (relating to final report).
(4) The right of entry agreement required by § 130d.27(b) (relating to right of entry and agreement with landowner).
(b) Inspection and audit. All records and documents shall be available for inspection or audit at reasonable times (such as regular operating hours of the Department) by the Department or its authorized agents.
(c) Retention time period. All records, reports and documents shall be retained by the person responsible for the application of the soil and groundwater for 5 years after the date on which the site closure plan and final report were approved by the Department.
§ 130d.5. Public notice by applicant.
The applicant shall comply with the notice requirements established by section 25.1 of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § § 111.45a) and § § 128.81—128.89 (relating to prior notification) and § 128.112 (relating to notification of hypersensitive individuals).
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