Section 1514 - Individual permitsIndividual permits may be issued for noxious weeds and controlled plants in accordance with the following:
(1) An individual permit may be issued for any controlled plant where:(i) The controlled plant has individual characteristics as to make it difficult or impossible for the department to regulate through a general set of requirements.(ii) The land or area on which the controlled plant will be cultivated has characteristics as would make it difficult or impossible for the department to regulate the controlled plant.(iii) The controlled plant is highly regulated or requires additional scrutiny because of a characteristic of the plant that would be hard to control under a general permit or where federal law preempts and requires the permitting.(2) An individual permit shall be issued in writing to the specific permit holder, contain the temporary order establishing the requirements of the individual permit and be published in the Pennsylvania bulletin and effective as provided under paragraph (4)(III).(3) The department may establish through regulation or a temporary order, standards and requirements addressing the issuance and criteria of an individual permit for noxious weeds and controlled plants.(4) For each noxious weed, the department shall issue a temporary order establishing the criteria for the individual permit to be issued. For a controlled plant, upon determining that a set of characteristics or circumstances requires the issuance of an individual permit, the department shall issue a temporary order establishing the criteria for the individual permit to be issued. The following shall apply: (i) Through the temporary order, the department may establish restrictions and standards, including bonding requirements, as the department determines are necessary to: (A) Identify the specific characteristics of the noxious weed or controlled plant or the circumstances including federal laws, regulations or orders, that require the issuance of the individual permit.(B) Assure the permit holder institutes proper containment, remediation and eradication criteria to protect the interests of the public, the native plant and animal populations in this commonwealth and this commonwealth's flora, fauna and natural resources.(C) Assure the permit holder is responsible for and has the means to cover any costs of remediation, containment or eradication.(D) Assure that the permit holder does not abandon the permitted site prior to notifying the department and taking the remediation, containment or eradication measures as the department may determine are necessary.(ii) The department shall publish the temporary order as a notice in the Pennsylvania bulletin. A copy of the order shall also be delivered to the person seeking the individual permit.(iii) The provisions of the temporary order shall be applicable as of the date of actual or constructive notice of the temporary order or any later date specified in the temporary order. Publication of the temporary order in the Pennsylvania bulletin shall be constructive notice.(iv) The temporary order shall remain in effect for a period not to exceed the length of time for which the individual permit was issued, unless the permit is reissued or extended.(5) A written application for an individual permit shall meet the criteria established by the department through a temporary order as authorized by this chapter and be made on a form and in a manner prescribed by the department. The application shall contain at least the following: (i) The legal name, address and daytime and evening telephone numbers of the applicant.(ii) The physical location, including a detailed plot map and description of the site to be planted or site where the noxious weed or controlled plant will be propagated, cultivated, stored or distributed. The description of the location shall also include the county, municipality and the name of each road bordering the physical location. The plot map shall be attached to the application and shall state the gps coordinates outlining the boundaries of the site and other important landmarks.(iii) For a seller, distributor, holder or depository of propagation material, the name and address and the applicable federal or commonwealth license or certification number or both, where applicable.(iv) The scientific and common names of the noxious weed or controlled plant for which the applicant desires an individual permit according to the united states department of agriculture plants database, including classification of species by sterile biotype, cultivar, variety f1 parent, variety f2 parent or other name.(v) The identity of the intended plant parts to be used and the stage of development at planting, including seed, rhizome and cutting.(vi) Attestation that the plant materials have been selected from apparently disease-free and pest-free sources.(vii) A description of the packaging and biosecurity safeguards to be utilized. Plant material shall be packaged and safeguarded sufficiently to maintain isolation from the domestic environment during transportation.(viii) An attestation by the applicant stating the applicant shall continue to comply with the permit requirements for the duration of time the plant materials are in the permit holder's possession and that the permit holder understands and agrees to the following: (A) If the permit holder intends to transfer possession or ownership of the noxious weed or controlled plant, the permit holder shall, before the transfer of possession or ownership, notify the department and assure the person to whom the noxious weed or controlled plant will be transferred or sold that the permit holder has obtained the required individual permit.(B) If the permit holder intends to stop growing or cultivating the noxious weed or controlled plant, the permit holder shall notify the department and implement all measures ordered by the department to destroy the noxious weed or controlled plant, unless another person assumes responsibility for the noxious weed or controlled plant and is issued an individual permit.(C) If the permit holder abandons, relinquishes possession or ownership of, control over or responsibility for the noxious weed or controlled plant in a manner inconsistent with the provisions of this chapter, all plant material regulated by the permit shall be destroyed in a manner approved by the department. The original permit holder shall continue to be responsible for the noxious weed or controlled plant, the cost of destruction and eradication of the noxious weed or controlled plant and any plant material associated with the noxious weed or controlled plant. The original permit holder shall continue to be subject to the penalties imposed under this chapter.(ix) The identification of the use of the noxious weed or controlled plant to be permitted, including ornamental landscape, agricultural crop, feed crop, research, education, biofuel, biomass, further sale or distribution or any other particular use.(x) A detailed description of the activity authorized by the permit, including the intended size of the area to be planted and the intended date of planting.(xi) Whether the noxious weed or controlled plant will be further distributed, sold, transported, replanted, used for seed or other purposes. If the noxious weed or controlled plant will be further distributed, sold, transported, replanted, used for seed or other purposes, the permit shall include the name and address of the person and location to which the noxious weed or controlled plant will be distributed, sold or transported. If sold or distributed for further propagation, the application shall include the information required under subparagraphs (I) and (II) and the name and address of the person to which the noxious weed or controlled plant was sold or distributed for the use.(xii) A written contingency plan for each site for eradication or recapture in the event of an unauthorized escape or introduction of the noxious weed or controlled plant.(xiii) An attestation that the applicant shall comply with all terms and conditions contained in the permit.(6) The secretary may request, in writing, additional information, if necessary, from the applicant after the application is received to evaluate the potential risk to the commonwealth. An applicant for an individual permit may be required to post a bond or other security instrument in a form satisfactory to the secretary in an amount the secretary determines.(7) An individual permit shall expire on December 31 of each year, unless otherwise specified in the permit. An application for renewal of an individual permit must be made by October 1 of the year the permit expires. An application for renewal shall describe any change to the required information previously submitted. Failure to renew an individual permit shall be a violation of this chapter.(8) General information regarding permit compliance shall be updated on a calendar year basis. Updated information shall be submitted to the department no later than January 10 of each new calendar year. Failure to submit the required information within the time period established under this paragraph shall be a violation of this chapter.(9) Before the approval and issuance of an individual permit, the department may enter onto and inspect the land and premises, including buildings and conveyances, that will be utilized for the purpose of engaging in an activity authorized by the permit. The inspection shall be limited to normal business hours.Added by P.L. TBD 2017 No. 46, § 1, eff. 12/29/2017.