§ 130d.45. Prohibited applications.
(a) General. The following applications of soil or groundwater contaminated with agricultural chemicals are prohibited, unless specifically authorized by the Department in writing:
(1) An application which would violate any provisions of the act, the environmental protection acts or this chapter.
(2) An application to any ‘‘preserved farmland’’ as defined in 4 Pa. Code Chapter 7, Subchapter W (relating to agricultural land preservation policy).
(3) An application to soil designated as ‘‘prime farmland’’ as defined under 7 CFR 657 (relating to prime and unique farmland).
(4) An application which would render the farmland unusable for agricultural purposes or would cause unreasonable adverse effects on the environment.
(5) An application to a site which would cause the total annual application amounts of an agricultural chemical to exceed its respective labeling application rate.
(6) An application that does not comply with existing laws and regulations.
(7) An application where the soil or groundwater contaminated with agricultural chemicals contains a constituent in such high concentrations that it requires a loading rate which would give the media little or no nutrient or soil conditioning value or little or no pesticide value when applied to the proposed application site.
(b) Setback areas where land application is prohibited. The operation plan shall address how the applicant intends to comply with this subsection. Soil and groundwater contaminated with agricultural chemicals may not be applied in the following areas:
(1) Within 100 feet of an intermittent or perennial stream as defined in 25 Pa. Code § 271.1 (relating to definitions).
(2) Within 300 feet of a water source, as defined in 25 Pa. Code § 271.1, unless the current owner of the water source has provided a written waiver consenting to the activities closer than 300 feet.
(3) Within 100 feet of a sinkhole or diversion ditch.
(4) Within 100 feet of an exceptional value wetland, as defined in 25 Pa. Code § 105.17 (relating to wetlands).
(5) Within 100 feet measured horizontally from an occupied dwelling, unless the current owner thereof has provided a written waiver consenting to the activities closer than 100 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
Cross References This section cited in 7 Pa. Code § 130d.51 (relating to general requirements).
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