Current through Register Vol. 54, No. 44, November 2, 2024
(a) An
application of a restricted use pesticide within 100 feet of certain
publicly-owned or designated lands will not be permitted unless a waiver is
granted by the Secretary. Lands affected by this restriction include:
(1) State forest land designated as a
Conservation Area under 17 Pa. Code Chapter 44 (relating to conservation areas)
or as a Natural Area or Wild Area under 17 Pa. Code Chapter 27 (relating to
State Forest Natural Areas-statement of policy) and State park land designated
as a Conservation Area under 17 Pa. Code Chapter 44 or as a Natural Area under
17 Pa. Code Chapter 17 (relating to State Parks Natural Areas-statement of
policy).
(2) Areas containing
endangered or threatened plant or animal species. These species are listed in
17 Pa. Code §
§45.12 and
45.13 (relating to Pennsylvania
endangered; and Pennsylvania threatened); fish identified in 58 Pa. Code §
§
75.1 and
75.2 (relating to endangered
species; and threatened species); and 58 Pa. Code §
§133.21 and
133.41 (relating to classification
of birds; and classification of mammals).
(b) A person may file a request with the
Secretary for a waiver of the prohibition contained in subsection (a). The
request will contain the following information:
(1) A general statement relating to the
purpose and need for the pesticide application.
(2) Specific evaluation of possible
detrimental effects on water quality, air quality, groundwater, public health
and safety, nontarget plants and animals, habitat diversity and interspersion
and biological productivity.
(3)
Specific evaluation of expected benefits.
(4) Additional information which may be
requested by the Secretary.
(c) A request for a waiver shall be submitted
at least 90 days prior to the proposed date of pesticide application.
(d) The Secretary will approve or deny the
application within 60 days of receipt of the application.
The provisions of this §128.102 amended under section
7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
111.27(b)(2)).
