Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

Pennsylvania Code



Subchapter D. ADDITIONAL REQUIREMENTS FOR THE AGRICULTURAL UTILIZATION OF RESIDUAL WASTE


ADDITIONAL APPLICATION REQUIREMENTS

Sec.


291.301.    Additional application requirements.

ADDITIONAL OPERATING REQUIREMENTS


291.311.    General requirements.
291.312.    Site characteristics.
291.313.    Application to soil.
291.314.    [Reserved].
291.315.    Water quality monitoring.
291.316.    Soil-pore water monitoring.

Cross References

   This subchapter cited in 25 Pa. Code §  291.201 (relating to general provisions).

ADDITIONAL APPLICATION REQUIREMENTS


§ 291.301. Additional application requirements.

 In addition to the requirements of Subchapter B (relating to general application requirements for the land application of residual waste), an application for a permit for agricultural utilization of residual waste shall include the following:

   (1)  A projected 3-year crop rotation plan, including the type of farming operation, type of crop, planting sequence, crop management and use of the crops.

   (2)  An operations map showing the location of groundwater monitoring devices that exist or are proposed for the facility.

   (3)  A nutrient management plan for the site, including:

     (i)   A description of the kind and amount of fertilizers or soil conditioners that will be placed on the site in addition to residual waste.

     (ii)   The number and kind of animals on the farm or property, as well as the total nutrient value of manure produced by those animals, and the location where the manure is placed.

     (iii)   An explanation and analysis of the effect on the soil from the additional nutrients that would be supplied by the residual waste.

     (iv)   The benefit to the soil or farming operation that the waste would provide.

Source

   The provisions of this §  291.301 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.

ADDITIONAL OPERATING REQUIREMENTS


§ 291.311. General requirements.

 (a)  In addition to the requirements of Subchapter C (relating to general operating requirements for the land application of residual waste), a person or municipality that applies residual waste for agricultural utilization shall comply with this section and § §  291.312, 291.313, 291.315 and 291.316, unless the person or municipality has obtained a permit from the Department for land reclamation. In that case, the person or municipality shall comply with the applicable provisions of Subchapter E (relating to additional requirements for land reclamation).

 (b)  A person or municipality may not apply residual waste for agricultural utilization that contains a constituent in such high concentrations that it requires a loading rate which would give the residual waste little or no nutrient or soil conditioning value in the soil.

Source

   The provisions of this §  291.311 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226809).

§ 291.312. Site characteristics.

 A person or municipality may not apply residual waste to a site unless the site complies with the following:

   (1)  The site shall have soils that fall within the United States Department of Agriculture textural classes of sandy loam, loam, sandy clay loam, silty clay loam or silt loam, unless otherwise approved by the Department in the permit.

   (2)  The site shall have a minimum depth from surface to seasonal high water table of 11 inches.

   (3)  Slopes to be utilized for agricultural utilization may not exceed 25%, unless otherwise approved in writing by the Department.

   (4)  Soil pH shall be 6.5 or greater prior to land application, unless the Department allows the operator to increase pH by application of residual waste or other material.

   (5)  Except as provided in paragraph (6), soil pH shall be maintained at 6.5 or greater for the life of land application operations.

   (6)  If the site is planted with nursery crops that require a pH of less than 6.5, the Department may approve a soil pH of 5.8 or greater in the permit.

Source

   The provisions of this §  291.312 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226809) to (226810).

Cross References

   This section cited in 25 Pa. Code §  291.311 (relating to general requirements).

§ 291.313. Application to soil.

 (a)  Except as provided in subsection (b), residual waste that is applied to the surface of soil shall be incorporated into the soil within 24 hours of application.

 (b)  If the approved operation plan provides for the surface application of residual waste for top or side dressing on hayfields, for pastures, for cover crops or for no-till crops when the previous no-till crop was harvested for grain in a manner that left adequate crop residue, the Department may do one of the following:

   (1)  Approve another time period for incorporating residual waste into the soil as part of the permit.

   (2)  Not require incorporation as part of the permit.

Cross References

   This section cited in 25 Pa. Code §  291.311 (relating to general requirements).

§ 291.314. [Reserved].


Source

   The provisions of this §  291.314 reserved January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226811).

§ 291.315. Water quality monitoring.

 (a)  If required by the Department as part of the permit, the operator shall conduct groundwater monitoring. The groundwater monitoring shall be in accordance with § §  288.252—288.258, as required by the Department, and the terms and conditions of the permit, and shall continue for the period specified in §  293.262 (relating to cessation of operations).

 (b)  For purposes of interfacing with § §  288.252—288.258, the following terms apply:

   (1)  The term ‘‘disposal area’’ is substituted with ‘‘area where land application occurs.’’

   (2)  The term ‘‘residual waste landfill’’ is substituted with ‘‘land application facility.’’

   (3)  The term ‘‘disposed’’ is substituted with ‘‘land applied.’’

Source

   The provisions of this §  291.315 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226811).

Cross References

   This section cited in 25 Pa. Code §  291.311 (relating to general requirements).

§ 291.316. Soil-pore water monitoring.

 If required by the Department, based upon the waste and site characteristics, the operator shall conduct soil-pore water monitoring and accurately characterize soil-pore water at the facility.

Source

   The provisions of this §  291.316 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226811).

Cross References

   This section cited in 25 Pa. Code §  291.311 (relating to general requirements).



No part of the information on this site may be reproduced for profit or sold for profit.


This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.