reglab/housing_qa huggingface dataset:
3 PA Cons Stat § 312 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 3 - AGRICULTURE|Chapter 3 - Local Regulation|Section 312 - Definitions

§ 312. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:  "Local government unit." A political subdivision of the Commonwealth.  "Normal agricultural operation." As defined under section 2 of the act of June 10, 1982 (P.L.454, No.133), entitled "An act protecting agricultural operations from nuisance suits and ordinances under certain circumstances."  "Unauthorized local ordinance." An ordinance enacted or enforced by a local government unit which does any of the following:  (1) Prohibits or limits a normal agricultural operation unless the local government unit: (i) has expressed or implied authority under State law to adopt the ordinance; and (ii) is not prohibited or preempted under State law from adopting the ordinance. (2) Restricts or limits the ownership structure of a normal agricultural operation.
3 PA Cons Stat § 313 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 3 - AGRICULTURE|Chapter 3 - Local Regulation|Section 313 - Certain local government unit actions prohibited

 § 313. Certain local government unit actions prohibited. (a) Adoption and enforcement of unauthorized local ordinances.--A local government unit shall not adopt nor enforce an unauthorized local ordinance.  (b) Existing local ordinances.--This chapter shall apply to the enforcement of local ordinances existing on the effective date of this section and to the enactment or enforcement of local ordinances enacted on or after the effective date of this section.  (c) Construction.--Notwithstanding the provisions of this section, nothing in this chapter shall be construed to diminish, expand or otherwise affect the legislative or regulatory authority of local government units under State law, including the following:  (1) Chapter 5 (relating to nutrient management and odor management). (2) The regulation, control or permitting procedures for the land application of class A or B biosolids.
3 PA Cons Stat § 314 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 3 - AGRICULTURE|Chapter 3 - Local Regulation|Section 314 - Duties of Attorney General

 § 314. Duties of Attorney General. (a) Request for review.--An owner or operator of a normal agricultural operation may request the Attorney General to review a local ordinance believed to be an unauthorized local ordinance and to consider whether to bring legal action under section 315(a) (relating to right of action).  (b) Discretion.--The Attorney General has the discretion whether to bring an action under section 315(a).  (c) Response.--Within 120 days after receiving a request under subsection (a), the Attorney General shall advise the person that made the request whether or not the Attorney General will bring legal action under section 315(a). If the request under subsection (a) is in writing, the response shall be in writing.  (d) Consultation.--The secretary and the dean of the College of Agricultural Sciences at The Pennsylvania State University shall, upon request of the Attorney General, provide expert consultation regarding the nature of normal agricultural operations in this Commonwealth.
3 PA Cons Stat § 315 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 3 - AGRICULTURE|Chapter 3 - Local Regulation|Section 315 - Right of action

§ 315. Right of action. (a) Attorney General action.--The Attorney General may bring an action against the local government unit in Commonwealth Court to invalidate the unauthorized local ordinance or enjoin the enforcement of the unauthorized local ordinance.  (b) Other party action.--Notwithstanding any provision of 42 Pa.C.S. Ch. 85 Subch. C (relating to actions against local parties), any person who is aggrieved by the enactment or enforcement of an unauthorized local ordinance may bring an action against the local government unit in Commonwealth Court to invalidate the unauthorized local ordinance or enjoin the enforcement of the unauthorized local ordinance.    Cross References. Section 315 is referred to in sections 314, 316, 317 of this title.
3 PA Cons Stat § 316 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 3 - AGRICULTURE|Chapter 3 - Local Regulation|Section 316 - Commonwealth Court masters

 § 316. Commonwealth Court masters. (a) General rule.--The Commonwealth Court may promulgate rules for the selection and appointment of masters on a full-time or part-time basis for actions brought under section 315 (relating to right of action). A master shall be a member of the bar of this Commonwealth. The number and compensation of masters shall be fixed by the Commonwealth Court and their compensation shall be paid by the Commonwealth.  (b) Hearings before masters.--The Commonwealth Court may direct that hearings in actions brought under section 315 be conducted in the first instance by the master in the manner provided for in this subchapter.  (c) Recommendations of masters.--Upon the conclusion of a hearing before a master, the master shall transmit written findings and a recommendation for disposition to the president judge. Prompt written notice and copies of the findings and recommendations shall be given to the parties to the proceeding.  (d) Rehearing before president judge.--The findings and recommendations of the master shall become the findings and order of the Commonwealth Court upon written confirmation by the president judge. A rehearing may be ordered by the president judge at any time upon cause shown.
3 PA Cons Stat § 317 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 3 - AGRICULTURE|Chapter 3 - Local Regulation|Section 317 - Attorney fees and costs

§ 317. Attorney fees and costs. In an action brought under section 315(b) (relating to right of action), the court may do any of the following:  (1) If the court determines that the local government unit enacted or enforced an unauthorized local ordinance with negligent disregard of the limitation of authority established under State law, it may order the local government unit to pay the plaintiff reasonable attorney fees and other litigation costs incurred by the plaintiff in connection with the action.  (2) If the court determines that the action brought by the plaintiff was frivolous or was brought without substantial justification in claiming that the local ordinance in question was unauthorized, it may order the plaintiff to pay the local government unit reasonable attorney fees and other litigation costs incurred by the local government unit in defending the action.
3 PA Cons Stat § 318 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 3 - AGRICULTURE|Chapter 3 - Local Regulation|Section 318 - Reports to General Assembly

§ 318. Reports to General Assembly. The Attorney General shall provide to the chairman and the minority chairman of the Senate Committee on Agricultural and Rural Affairs and the chairman and minority chairman of the Agricultural and Rural Affairs Committee of the House of Representatives an annual report to include the following:  (1) Information on how many reviews were requested, the nature of the complaints and the location of the ordinances cited.  (2) Information on how many reviews were conducted. (3) Information on how many legal actions were brought by the Attorney General. (4) Information on the outcome of legal actions brought by the Attorney General.
3 PA Cons Stat § 501 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 3 - AGRICULTURE|Chapter 5 - Nutrient Management and Odor Management|Section 501 - Scope

§ 501. Scope. This chapter relates to nutrient management and odor management.
3 PA Cons Stat § 502 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 3 - AGRICULTURE|Chapter 5 - Nutrient Management and Odor Management|Section 502 - Declaration of legislative purpose

§ 502. Declaration of legislative purpose. The purposes of this chapter are as follows: (1) To establish criteria, nutrient management planning requirements and an implementation schedule for the application of nutrient management measures on certain agricultural operations which generate or utilize animal manure.  (2) To provide for the development of an educational program by the State Conservation Commission in conjunction with the Cooperative Extension Service of The Pennsylvania State University, the department and conservation districts to provide outreach to the agricultural community on the proper utilization and management of nutrients on farms to prevent the pollution of surface water and groundwater.  (3) To require the State Conservation Commission, in conjunction with the Cooperative Extension Service of The Pennsylvania State University, the Department of Environmental Protection, the department and the Nutrient Management Advisory Board to develop and provide technical and financial assistance for nutrient management and alternative uses of animal manure, including a manure marketing and distribution program.  (4) To require the Department of Environmental Protection to assess the extent of nonpoint source pollution from other nutrient sources, determine the adequacy of existing authority and programs to manage those sources and make recommendations to provide for the abatement of that pollution.  (5) To require the State Conservation Commission, in conjunction with the Nutrient Management Advisory Board, to develop and administer a regulatory program requiring odor management plans addressing new and expanded animal housing facilities and manure management facilities at concentrated animal operations and concentrated animal feeding operations after July 19, 1993, and to encourage the voluntary implementation of odor management plans for other agricultural operations.
3 PA Cons Stat § 505 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 3 - AGRICULTURE|Chapter 5 - Nutrient Management and Odor Management|Section 505 - Powers and duties of Department of Environmental Protection

§ 505. Powers and duties of Department of Environmental Protection. The Department of Environmental Protection shall have the following powers and duties: (1) Before July 19, 1994, to make an assessment of and report to the Environmental Quality Board and the General Assembly on the extent to which malfunctioning on-lot sewage systems contribute to the pollution of waters of this Commonwealth and to identify what regulatory or legislative initiatives, if any, the Department of Environmental Protection deems necessary to abate that pollution.  (2) Before July 19, 1994, to make an assessment of and report to the Environmental Quality Board and the General Assembly on the extent to which improper water well construction contributes to groundwater pollution due to the intrusion of nutrients from the surface and to identify what regulatory or legislative initiatives, if any, the Department of Environmental Protection deems necessary to abate that pollution.  (3) Before July 19, 1995, to make an assessment of and report to the Environmental Quality Board and the General Assembly on the extent to which the application of chemical fertilizers and other plant nutrients for nonagricultural purposes contributes to the pollution of the waters of this Commonwealth and to identify what regulatory or legislative initiatives, if any, the Department of Environmental Protection deems necessary to abate that pollution.  (4) Before July 19, 1995, to make an assessment of and report to the Environmental Quality Board and the General Assembly on the extent to which nutrients from storm water runoff contribute to the pollution of waters of this Commonwealth and to identify what regulatory or legislative initiatives, if any, the Department of Environmental Protection deems necessary to abate that pollution.  (5) Before July 19, 1995, to make an assessment of and report to the Environmental Quality Board and the General Assembly on the extent to which atmospheric deposition of nutrients contribute to the pollution of the waters of this Commonwealth and to identify what regulatory or legislative initiatives, if any, the Department of Environmental Protection deems necessary to abate that pollution.  (6) To include, in the assessments in paragraphs (1) through (5), recommendations to the General Assembly for budgetary and legislative initiatives where program resources or statutory authority is not adequate to address pollution sources identified in those assessments.  (7) To provide technical and administrative assistance to the commission in carrying out its responsibilities under this chapter.
3 PA Cons Stat § 507 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 3 - AGRICULTURE|Chapter 5 - Nutrient Management and Odor Management|Section 507 - Manure application setbacks and buffers

§ 507. Manure application setbacks and buffers. (a) General rule.--Unless the commission establishes a stricter requirement by regulation, no concentrated animal operation or other agricultural operation receiving manure from a concentrated animal operation directly or indirectly through a broker or other person may mechanically land apply manure within 100 feet of surface water unless a vegetated buffer no less than 35 feet in width and meeting standards established by the Natural Resources Conservation Service is used to prevent manure runoff into the surface water.  (b) Definition.--As used in this section, the term "surface water" means a perennial or intermittent stream with a defined bed and bank, a lake or a pond.    Effective Date. Section 5(1) of Act 38 provided that section 507 shall take effect in 180 days.
3 PA Cons Stat § 508 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 3 - AGRICULTURE|Chapter 5 - Nutrient Management and Odor Management|Section 508 - Nutrient management certification program and odor management certification program

§ 508. Nutrient management certification program and odor management certification program. (a) Requirement.--The department shall establish, in consultation with the commission, a nutrient management certification program for the purpose of certifying individuals who have demonstrated the competency necessary to develop nutrient management plans and an odor management certification program for the purpose of certifying individuals who have demonstrated the competency necessary to develop odor management plans. The department or its designee shall develop such written testing procedures, educational requirements and examinations as it deems appropriate to carry out its responsibilities under this section. The department shall by regulation establish such fees and terms and conditions of certification as it deems appropriate. The department shall establish individual, commercial and public certification categories, including a certification category for farmers to develop and certify nutrient management plans and odor management plans for their own agricultural operations.  (b) Interim nutrient management certification program.--Until the department develops and implements a nutrient management certification program, persons having the following qualifications shall, upon request, receive interim certification from the department.  (1) the person has at least two years' experience in the development of nutrient management plans;  (2) the person is approved to develop nutrient management plans approved under the Chesapeake Bay Nonpoint Source Pollution Abatement Program, the United States Department of Agriculture's Water Quality Improvement Projects Program or other programs requiring submission and approval of a nutrient management plan, including sludge disposal under the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act; or  (3) the person is a farmer who has been provided training and assistance in developing and implementing nutrient management plans.  (c) Nutrient management specialist.--A person shall not certify a nutrient management plan or plan amendment unless that person has first satisfied the requirements of this section.  (d) Odor management specialist.--A person shall not certify an odor management plan or plan amendment unless that person has first satisfied the applicable requirements of this section.    Cross References. Section 508 is referred to in sections 503, 506, 509 of this title.
3 PA Cons Stat § 511 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 3 - AGRICULTURE|Chapter 5 - Nutrient Management and Odor Management|Section 511 - Financial assistance

 § 511. Financial assistance. (a) Loans, grants, etc.--The commission shall, to the extent funds are available, provide financial assistance in the form of loans, loan guarantees and grants for the implementation of nutrient management plans and of odor management plans for existing agricultural operations.  (b) Criteria for eligibility.--In reviewing applications for financial assistance, the commission shall consider the following:  (1) Whether the project will improve the health, safety or environment of the people of this Commonwealth and otherwise satisfy the purposes of this chapter.  (2) The cost-effectiveness of the proposed practices in comparison with other alternatives. (3) The applicant's ability to operate or maintain the practices in a proper manner. (c) Issuance and terms.--Subject to this section, the commission shall issue loans and set terms applicable thereto in any manner it deems appropriate. The commission may consider such factors as it deems relevant, including current market interest rates, the financial ability of the applicant to repay and the necessity to maintain the funds created hereunder in a financially sound manner. Loans may be based on the ability to repay from future revenue to be derived from the applicant's agricultural operation, by a mortgage or other security interest or by any other fiscal manner which the commission deems appropriate. The board shall have the power to defer principal on loans for up to 12 months. The minimum rate of interest to be paid on any loan made pursuant to this section shall be 1%.  (d) Grants.--Grants shall be made available as follows:  (1) Where funds have been made available to the commission, subject to any conditions that may have accompanied the receipt of such funds.  (2) Where the commission, in its sole discretion, determines that the financial condition of the recipient is such that repayment of a loan is unlikely and that the recipient will be financially distressed by the implementation of practices without a grant.  (e) Grants and loans.--The commission shall, where it deems appropriate and to the extent financial circumstances permit, mix grant funds with loan funds.
3 PA Cons Stat § 512 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 3 - AGRICULTURE|Chapter 5 - Nutrient Management and Odor Management|Section 512 - Nutrient Management Fund

§ 512. Nutrient Management Fund. (a) Establishment of fund.--There is established a special nonlapsing fund in the State Treasury to be known as the Nutrient Management Fund. All fees, fines, judgments and interest collected by the commission under this chapter shall be paid into the fund. All money placed in the fund and the interest it accrues are hereby appropriated to the commission on a continuing basis for any activities necessary to meet the requirements of this chapter.  (b) Supplements to fund.--The Nutrient Management Fund may be supplemented by moneys received from the following sources:  (1) State funds appropriated to the commission. (2) Federal funds appropriated to the commission. (3) Proceeds from the sale of any bonds made available to the commission. (4) Repayment of loan principal. (5) Payment on interest loans made by the commission. (6) Gifts and other contributions from public and private sources. (c) Fund administration.--The commission shall have authority to adopt procedures for the use of moneys in the fund, including the creation of accounts within the fund for the purposes of administering the loan and grant programs authorized by this chapter.  (d) Status of fund.--The Nutrient Management Fund shall not be subject to 42 Pa.C.S. Ch. 37 Subch. C (relating to judicial computer system).  (e) Deposit and use of funds.--No administrative action shall prevent the deposit of moneys into the fund in the fiscal year in which they are received. The funds shall only be used for the purposes authorized by this chapter and shall not be transferred or diverted to any other purpose by administrative action.    Cross References. Section 512 is referred to in sections 506, 605 of this title.
3 PA Cons Stat § 513 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 3 - AGRICULTURE|Chapter 5 - Nutrient Management and Odor Management|Section 513 - Unlawful conduct

§ 513. Unlawful conduct. It shall be unlawful to fail to comply with or to cause or assist in the violation of any order or any of the provisions of this chapter or the rules and regulations adopted under this chapter or to fail to comply with a nutrient management plan or an odor management plan.
3 PA Cons Stat § 515 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 3 - AGRICULTURE|Chapter 5 - Nutrient Management and Odor Management|Section 515 - Limitation of liability

§ 515. Limitation of liability. If a person is fully and properly implementing a nutrient management plan or an odor management plan approved by the local conservation district or the commission and maintained under this chapter for an agricultural operation, the implementation shall be given appropriate consideration as a mitigating factor in any civil action for penalties or damages alleged to have been caused by the management or utilization of nutrients or the abatement of odor impacts pursuant to the implementation.
3 PA Cons Stat § 516 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 3 - AGRICULTURE|Chapter 5 - Nutrient Management and Odor Management|Section 516 - Enforcement authority; enforcement orders

 § 516. Enforcement authority; enforcement orders. (a) Right of access.--A duly authorized agent of the commission or a conservation district shall have authority to enter any agricultural operation at reasonable times to conduct such investigations and to take such actions as are necessary to enforce the provisions of this chapter or any order, rule or regulation issued hereunder.  (b) Duty to grant access.--Any person owning or operating an agricultural operation shall grant access to any duly authorized agent of the commission or a conservation district pursuant to subsection (a) and shall not hinder, obstruct, prevent or interfere with such agents in the performance of their duties, provided, however, that agents shall perform such reasonable measures and actions as directed by the owner or operator of an agricultural operation as will reasonably and substantially prevent the spread or outbreak of contagious diseases.  (c) Orders.--The commission or any conservation district delegated enforcement authority may issue such orders as are necessary to aid in the enforcement of the provisions of this chapter. Any order issued under this section shall take effect upon notice unless the order specifies otherwise. An appeal of the order to the Environmental Hearing Board shall not act as a supersedeas, provided that, upon application for and cause shown, the hearing board may issue such a supersedeas under the rules established by the hearing board.
3 PA Cons Stat § 517 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 3 - AGRICULTURE|Chapter 5 - Nutrient Management and Odor Management|Section 517 - Appealable actions

§ 517. Appealable actions. Any person aggrieved by an order or other administrative action of the commission issued pursuant to this chapter shall have the right, within 30 days from actual or constructive notice of the action, to appeal the action to the Environmental Hearing Board.