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.
Cross References This subchapter cited in 7 Pa. Code § 130d.51 (relating to general requirements); and 7 Pa. Code § 130d.52 (relating to general exceptions).
§ 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).
§ 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.
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