1. (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. (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. (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).

2. (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. (1) A general statement relating to the purpose and need for the pesticide application.
   2. (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. (3) Specific evaluation of expected benefits.
   4. (4) Additional information which may be requested by the Secretary.
3. (c) A request for a waiver shall be submitted at least 90 days prior to the proposed date of pesticide application.
4. (d) The Secretary will approve or deny the application within 60 days of receipt of the application.

Authority

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)).

Source

The provisions of this § 128.102 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305271).