§ 128.102. Protected designated areas.

 (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 ‘‘Natural Areas and Wild Areas.’’

   (2)  Areas containing endangered or rare organisms. These organisms are identified at 17 Pa. Code Chapter 45 (relating to conservation of Pennsylvania native wild plants); and 58 Pa. Code Chapters 75 and 133 (relating to endangered species; and wildlife classification).

 (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.