reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › GENERAL › Section 83.102 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
							 subchapter, have the following meanings, unless the context clearly indicates
							 otherwise:
ASCS
-Agricultural Stabilization and
							 Conservation Service of the United States Department of Agriculture.
Act
-The Soil Conservation Law
							 (35
							 P. S. §§
														849-864).
Agency
-An agency of the Commonwealth
							 and an agency of the United States as defined in the act.
BMPs
-Best management
							 practices-Specialized practices designed to control erosion, to control runoff,
							 to establish vegetation and to manage nutrient animal wastes and fertilizers.
							 The term includes practices listed in the Statewide Plan for Agriculture and
							 Earthmoving Activities or other practices approved by the Commission.
Commission
-The State Conservation
							 Commission created by the act.
Cooperating organization
-An
							 organization approved by the Commission to assist in implementing the
							 act.
Director
-A member of the district
							 board of directors as defined in the act.
District
-A conservation district as
							 defined in the act.
Landowner
-A natural person who holds
							 fee title to the land or who holds an equitable interest arising from an
							 agreement of sale with the fee title holder.
Nutrient management program
-A system
							 of BMPs to prevent the pollution of surface waters and groundwaters by
							 addressing the most critical farm nutrient problems through measures to manage
							 fertilizers and animal wastes and to reduce soil erosion.
Program area
-The land surface area
							 within the Chesapeake Bay drainage basin.
Project area
-A designated area where
							 critical nonpoint source pollution problems have been identified or quantified.
SCS
-The Soil Conservation Service of
							 the United States Department of Agriculture.
Statewide Plan for Agriculture and
							 Earthmoving Activities
-The comprehensive water quality management plan
							 developed under §
													91.31 (relating to comprehensive
							 water quality management) and published as a notice at 9 Pa.B. 3248 (September
							 22, 1979).)
This section cited in 25 Pa. Code §
															83.111 (relating to general
								requirements); 25 Pa. Code §
															83.121 (relating to general
								requirements); and 25 Pa. Code §
															83.131 (relating to general
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › GENERAL › Section 83.103 - Cooperation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
						  will encourage cooperation between agencies and organizations which have either
						  direct or indirect involvement in the program to achieve the objectives to
						  reduce nonpoint source pollution.
(b) Nondistrict project sponsors will work
						  closely with the appropriate districts to promote local awareness of the
						  projects.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › GENERAL › Section 83.104 - Annual notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Cost-share
						  rates will be determined annually by the Commission for the Technical
						  Assistance Funding Program under §
													83.131(e)
						  (relating to general requirements).
(b) Public notice of the action listed in
						  subsection (a) will be published in the
Pennsylvania
						  Bulletin.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › PLANNING ASSISTANCE FUNDING PROGRAM › Section 83.111 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  program is known as the Planning Assistance Funding Program
						  (Program).
(b) Funds allocated
						  under the Program shall be utilized solely for implementing the planning
						  assistance funding program established by the Commission.
(c) Eligibility for this Program will be
						  limited to the program area as defined under §
													83.102 (relating to
						  definitions).
(d) Funding for a
						  year's Program may be designated by the Commission for specific uses including
						  watershed monitoring, watershed modeling, assessments of potential critical
						  areas and related planning activities. Funding may be made available to
						  districts, agencies and cooperating organizations eligible to participate in
						  this Program.
(e) Technical
						  equipment and nonexpendable supplies purchased by districts, agencies and
						  cooperating organizations under the agreement will be the property of the
						  Commonwealth unless otherwise determined by the agreement.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › PLANNING ASSISTANCE FUNDING PROGRAM › Section 83.112 - Application requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application for available funds shall be in writing on forms furnished by the
						  Commission. An application shall be received by the deadline established by the
						  Commission for filing of applications.
(b) An application shall describe the problem
						  (why the project is required), purpose and objectives, methods and procedure,
						  summary of requirements-for example, projected completion dates, required
						  personnel, special services, physical resources and estimated costs-and
						  projected completion date for report of results.
(c) The Commission will execute an agreement
						  with an approved applicant including the terms and conditions for completing
						  work and a budget for submitting reimbursement claims. Reimbursable costs
						  incurred by the applicant will include those items determined by the Department
						  to be necessary to carry out the agreement.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › PLANNING ASSISTANCE FUNDING PROGRAM › Section 83.113 - Procedures for allocating funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Commission will determine the amount of funds available for funding under
						  the Planning Assistance Funding Program.
(b) The Commission will give priority to
						  watersheds and other areas that the Commission determines are high priority
						  based on studies and surveys.
(c)
						  The Commission may reallocate funds if an authorized project cannot be
						  completed or is abandoned.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › PLANNING ASSISTANCE FUNDING PROGRAM › Section 83.114 - Reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Project sponsors shall report program accomplishments in a manner prescribed in
						  the agreement.
(b) Claims for
						  reimbursement shall be submitted to the Commission in accordance with the
						  schedule outlined in the agreement. The claims shall show the utilization of
						  funds in accordance with the budget outlined in the agreement.
(c) The Commission reserves the right to
						  audit Federal and State project related accounts and records to determine if
						  funds were expended in conformance with the agreement.
(d) Records shall be retained for 3 years
						  following the last payment from the Commission.
(e) A project sponsor shall maintain a
						  separate accounting system for funds received under the Planning Assistance
						  Funding Program.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › PLANNING ASSISTANCE FUNDING PROGRAM › Section 83.115 - Reimbursement procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Commission will not process a project or program claim for reimbursement until
						  all reports related to the project or program claim are received in the
						  Commission's office.
(b) The
						  Commission will not process a final claim for reimbursement under the agreement
						  until the conditions of the agreement have been met and are acceptable to the
						  Commission.
(c) Claims for
						  reimbursement shall be filed with the Commission within 15 days of dates
						  prescribed in the agreement showing the utilization of funds in accordance with
						  the budget outlined in the agreement.
(d) Acceptable reimbursement claims submitted
						  in compliance with subsections (a)-(c) will be forwarded by the Commission to
						  the comptroller for payment within 15 working days after the claim is received
						  in the Commission office.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › EDUCATIONAL ASSISTANCE FUNDING PROGRAM › Section 83.121 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						  program is known as the Educational Assistance Funding Program
						  (Program).
(b) Funds allocated
						  under this Program shall be utilized solely for implementing the educational
						  assistance funding program established by the Commission.
(c) Eligibility for this Program will be
						  limited to the program area as defined under §
													83.102 (relating to
						  definitions).
(d) Funding for a
						  year's Program may be designed by the Commission for demonstration projects and
						  educational activities related to nonpoint source pollution control. Funding
						  may be made available to districts, agencies and cooperating
						  organizations.
(e) Technical
						  equipment and nonexpendable supplies purchased by districts, agencies and
						  cooperating organizations under the agreement shall be the property of the
						  Commonwealth unless otherwise determined by the agreement.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › EDUCATIONAL ASSISTANCE FUNDING PROGRAM › Section 83.122 - Application requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application for available funds shall be in writing and made on forms furnished
						  by the Commission. An application shall be received by the deadline established
						  by the Commission for filing applications.
(b) An application shall describe the problem
						  (why the project is required), purpose and objectives, methods and procedure,
						  summary of requirements-for example, projected completion dates, required
						  personnel, special services, physical resources and estimated costs-and
						  projected completion date for report of results.
(c) The Commission will execute an agreement
						  with an approved applicant including the terms and conditions for completing
						  work and a budget for submitting reimbursement claims. Reimbursable costs
						  incurred by the applicant will include those items determined by the Department
						  to be necessary to carry out the agreement.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › EDUCATIONAL ASSISTANCE FUNDING PROGRAM › Section 83.123 - Procedures for allocating funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Commission will determine the amount of funds available for funding under
						  the Educational Assistance Funding Program.
(b) The Commission will give priority to an
						  applicant who can demonstrate the institutional and financial capabilities to
						  undertake the project in a timely fashion and for projects with the most
						  potential for transference to other areas experiencing similar
						  problems.
(c) The Commission may
						  reallocate funds if the project or program component cannot be completed or is
						  abandoned.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › EDUCATIONAL ASSISTANCE FUNDING PROGRAM › Section 83.124 - Reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  project sponsor shall report program accomplishments in a manner prescribed in
						  the agreement.
(b) Claims for
						  reimbursement shall be submitted to the Commission in accordance with the
						  schedule outlined in the agreement. The claims shall show the utilization of
						  funds in accordance with the budget outlined in the agreement.
(c) The Commission reserves the right to
						  audit Federal and State related accounts and records to determine if funds were
						  expended in conformance with the agreement.
(d) Records shall be retained for 3 years
						  following last payment from the Commission.
(e) A project sponsor shall maintain a
						  separate accounting system for funds received under the Educational Assistance
						  Funding Program.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › EDUCATIONAL ASSISTANCE FUNDING PROGRAM › Section 83.125 - Reimbursement procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Commission will not process a program claim for reimbursement until all reports
						  related to the program claim are received in the Commission's office.
(b) The Commission will not process a final
						  claim for reimbursement under the agreement until the conditions of the
						  agreement have been met and are acceptable to the Commission.
(c) Claims for reimbursement shall be filed
						  with the Commission within 15 days of dates prescribed in the agreement showing
						  the utilization of funds in accordance with the approved budget.
(d) Acceptable reimbursement claims submitted
						  in compliance with subsections (a)-(c) will be forwarded by the Commission to
						  the comptroller for payment within 15 working days after the claim is received
						  in the Commission office.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › TECHNICAL ASSISTANCE FUNDING PROGRAM › Section 83.131 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						  program is known as the Technical Assistance Funding Program
						  (Program).
(b) Funds allocated
						  under this Program shall be utilized solely for implementing the Program
						  established by the Commission.
(c)
						  Funds allocated to districts or others shall be utilized only to employ
						  technical personnel, obtain technical services or to acquire technical
						  equipment and supplies, for the purpose of implementing the Program.
(d) Technical personnel shall be the employes
						  of the district, agency and cooperating organizations, and not the employes of
						  the Commission or Department. A technical person employed under this funding
						  program by a district shall receive general supervision from a district
						  director or an employe of the district designated by the board of directors.
(e) The Commission will pay the
						  cost of employment for the technical personnel at a cost-share rate to be
						  determined by the Commission. The rate established may not be exceeded even
						  when a technical person is employed by more than one district. The total cost
						  of employment shall include salary and salary-related expenses such as social
						  security, worker's compensation, health plans and retirement.
(f) Not more than one technical position may
						  be cost-shared per district under this Program unless the Commission determines
						  that adequate funds are available and sufficient technical needs exist within
						  the district for additional technical personnel.
(g) Technical personnel funded to agencies
						  and cooperating organizations other than districts shall be the employes of
						  those agencies and cooperating organizations under the terms and conditions
						  agreed to between the Commission and the agencies and cooperating
						  organizations.
(h) Technical
						  equipment and nonexpendable supplies purchased by districts, agencies and
						  cooperating organizations under the agreement shall be the property of the
						  Commonwealth unless otherwise determined by the agreement.
(i) Eligibility for this Program is limited
						  to the Program area as defined under §
													83.102 (relating to definitions).
This section cited in 25 Pa. Code §
															83.104 (relating to annual
								notice).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › TECHNICAL ASSISTANCE FUNDING PROGRAM › Section 83.132 - Application requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application for available funds shall be in writing on forms furnished by the
						  Commission. An application shall be received by the deadline established by the
						  Commission for filing the applications.
(b) An application shall describe the problem
						  (why the project is required), purpose and objectives, methods and procedure,
						  summary of requirements-for example, projected completion dates, required
						  personnel, including time allotted for expected work tasks, special services,
						  physical resources and estimated costs-and projected completion date for report
						  of results.
(c) The Commission will
						  execute an agreement with an approved applicant including the terms and
						  conditions for completing work and a budget for submitting reimbursement claims
						  or request for advance payments. Eligible costs incurred by the applicant will
						  include those items determined by the Department to be necessary to carry out
						  the agreement.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › TECHNICAL ASSISTANCE FUNDING PROGRAM › Section 83.133 - Procedures for allocating funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Commission will determine the amount of funds available for funding under
						  the Technical Assistance Funding Program.
(b) Priority for funding may be given to
						  project areas if no other technicians have been funded by other Commission
						  programs.
(c) The Commission may
						  reallocate funds if an agreement cannot be fulfilled by the district, agency
						  and cooperating organization.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › TECHNICAL ASSISTANCE FUNDING PROGRAM › Section 83.134 - Reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Project sponsors shall report program accomplishments to the Commission in a
						  manner prescribed in the agreement.
(b) Claims for reimbursement or requests for
						  advance payments shall be submitted to the Commission in accordance with the
						  schedule outlined in the agreement. The claims shall show the utilization of
						  funds. Advance payments will be based on demonstrated need in accordance with
						  the budget outlined in the agreement.
(c) The Commission reserves the right to
						  audit Federal and State project related accounts and records to determine if
						  funds are expended in conformance with the agreement.
(d) Records shall be retained for 3 years
						  following the last payment from the Commission.
(e) A project sponsor shall maintain a
						  separate accounting system for funds received under the Technical Assistance
						  Funding Program.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › TECHNICAL ASSISTANCE FUNDING PROGRAM › Section 83.135 - Reimbursement procedures and advance payments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission will not process a program
						  claim for reimbursement or request for advance payment until all reports
						  related to the program are received in the Commission's office.
(b) The Commission will not process a final
						  claim for reimbursement under the agreement until the conditions of the
						  agreement have been met and are acceptable to the Commission. No advancement of
						  funds will be made until final approval of the previous quarterly report of
						  expenditures is given by the Department.
(c) Claims for reimbursement or requests for
						  advance funds shall be filed with the Commission within 15 days of the date
						  prescribed in the agreement showing the utilization of funds in accordance with
						  the approved budget.
(d) Acceptable
						  reimbursement claims or requests for advance funds submitted in compliance with
						  subsections (a)-(c) will be forwarded by the Commission to the comptroller for
						  payment within 15 working days after the claim or request is received in the
						  Commission office.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › FINANCIAL ASSISTANCE FUNDING PROGRAM › Section 83.141 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						  program is known as the Financial Assistance Funding Program
						  (Program).
(b) Eligibility for this
						  Program is limited to the program area. Funding may be designated by the
						  Commission to specific areas of high priority based upon detailed watershed
						  assessments and landowners surveys or district prioritization of landowners for
						  Program participation on forms provided by the Commission. Eligible landowners
						  shall become cooperators with the district within an approved watershed and
						  shall consent to the development of a nutrient management program.
(c) BMPs eligible for cost sharing shall be
						  nutrient management measures and associated erosion and water control measures
						  necessary to provide a nutrient management program. Approved practices shall be
						  from the list of BMPs approved by the Commission. A nutrient management system
						  may consist of a single practice or several practices installed over more than
						  1 year. BMPs will be cost shared on a one-time basis except for soil and manure
						  testing analysis. Certain failed BMPs may be cost shared more than one time at
						  the discretion of the Commission.
(d) Technical equipment and nonexpendable
						  supplies purchased by districts, agencies and cooperating organizations under
						  the agreement shall be the property of the Commonwealth unless otherwise
						  determined by the agreement.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › FINANCIAL ASSISTANCE FUNDING PROGRAM › Section 83.142 - Application requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  distribution of cost-share funds shall be based on the best available
						  information and knowledge of potential agriculture-related pollution. This
						  information may be developed by surveys, studies or sampling of field
						  conditions by the Commission or by districts or by data supplied by cooperating
						  Federal and State agencies.
(b) The
						  Commission will execute an agreement with a participating district specifying
						  the terms and conditions for receiving and distributing cost-share funds,
						  including advance payments, if requested, and a schedule of reporting progress
						  on installing BMPs. Allowable reimbursable items for administering the program
						  by the district will include those items determined by the Department to be
						  necessary to carry out the agreement.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › FINANCIAL ASSISTANCE FUNDING PROGRAM › Section 83.143 - Procedures for allocating funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Commission will determine the amount of funds available for funding under
						  the Financial Assistance Funding Program.
(b) An allocation will be made to districts
						  based on criteria established by the Commission including the following:
(1) Uncommitted cost share funds already
						  available within the district.
(2)
						  Cost share funds within the district remaining to be spent.
(3) Landowner interest in the
						  program.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › FINANCIAL ASSISTANCE FUNDING PROGRAM › Section 83.144 - Payments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
						  may advance funds on a quarterly basis to a district for the purpose of
						  providing the State's share for installation of BMPs.
(b) Advanced payments will be based on
						  demonstrated need as documented on Commission-provided forms not to exceed the
						  allocations developed in §
													83.143(b)
						  (relating to procedures for allocating funds).
(c) Payments will include administrative
						  costs of the district as determined by the Department necessary for the
						  administration of the Financial Assistance Funding Program. Payments for
						  administrative costs shall be limited to 10% of the total allocation. The 10%
						  will be added to the allocation to districts for providing administrative
						  support to carry out the Financial Assistance Funding Program.
(d) No advancement of funds will be made
						  until final approval is made by the Department of the previous quarterly report
						  of expenditures.
This section cited in 25 Pa. Code §
															83.147 (relating to
								procedures).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › FINANCIAL ASSISTANCE FUNDING PROGRAM › Section 83.146 - Agreements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An agreement is
						  required between a district and a landowner.
(b) An agreement shall provide that if the
						  landowner does not implement and maintain the nutrient management program as
						  planned, the landowner shall refund to the district at the discretion of the
						  district, all or a portion of Financial Assistance Funding Program State
						  cost-share monies already earned under the agreement. Refunds are not required
						  following the destruction or discontinuance of a BMP or combination of BMPs
						  caused by one of the following:
(1) An act of
						  God or other conditions beyond the landowner's control.
(2) A change in land use if the landowner
						  installs and maintains another BMP or combination of BMPs that provide
						  comparable nutrient-erosion control benefits for the same area previously
						  served by the cost-shared practice.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › FINANCIAL ASSISTANCE FUNDING PROGRAM › Section 83.147 - Reporting procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  district shall report program accomplishments quarterly to the Commission on
						  prescribed forms. Copies of cost verification forms used to reimburse
						  landowners for BMP installation shall be forwarded to the Commission showing
						  the utilization of advanced payments. This district shall include an itemized
						  accounting of administrative costs claimed under §
													83.144(c)
						  (relating to payments).
(b) The
						  district shall maintain a separate accounting system for funds received under
						  the Financial Assistance Funding Program. Districts shall deposit advanced
						  funds in a Federally insured interest bearing account. Interest earnings from
						  the account shall be applied only to the Chesapeake Bay Program or returned to
						  the Commonwealth.
(c) The
						  Commission reserves the right to audit Federal and State related
						  accounts.
(d) Records shall be
						  retained by districts for 3 years beyond the district's participation in the
						  Financial Assistance Funding Program.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › FINANCIAL ASSISTANCE FUNDING PROGRAM › Section 83.148 - Additional funding for failed BMPs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission may disperse additional
						  Financial Assistance Funding Program funds in excess of the $30,000 per
						  landowner State fund limit set forth in §
													83.145(f) 
						  (relating to district responsibilities).
(b) The additional funds shall be used solely
						  for the correction of BMPs that fail to perform as intended due to design
						  errors or other errors in judgment by district engineers, district technicians,
						  SCS engineers or SCS technicians while overseeing the construction of a BMP.
						  The Commission may fund up to 100% of the costs to reconstruct or repair the
						  BMP, whichever is less. The Commission will not fund the repair or
						  reconstruction of a failed BMP caused by experimental or nonstandard design or
						  construction.
(c) The Department
						  will appoint a fact-finding team comprised of representatives of SCS, the
						  Department and the affected district to investigate and determine the reason
						  for failure of a BMP and its eligibility for additional funding for appropriate
						  corrective measures.
(d) The
						  Commission will prepare an annual report indicating the number of BMP
						  investigations conducted, the kinds of corrective measures instituted and the
						  number, cost and county location of restored practices.
This section cited in 25 Pa. Code §
															83.145 (relating to district
								responsibilities).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter C - CHESAPEAKE BAY NONPOINT SOURCE POLLUTION ABATEMENT PROGRAM-STATEMENT OF POLICY › FINANCIAL ASSISTANCE FUNDING PROGRAM › Section 83.149 - Special requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission may conduct periodic inspections of
							 BMPs to determine compliance with practice specifications and to assure that a
							 nutrient management program has been installed. The district shall return State
							 funds to the Commission or the Commission will deduct the funds from future
							 advances if landowners do not fulfill program requirements, except as provided
							 under §
													83.146(b)
							 (relating to agreements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter D - NUTRIENT MANAGEMENT › GENERAL PROVISIONS › Section 83.202 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter specifies criteria and requirements
							 for:
(1) Nutrient management plans
						  required under the act for CAOs, VAOs and operations required to develop
						  compliance plans under section 506(j) of the act (relating to nutrient
						  management plans).
(2) The
						  construction, location, design, installation and operation of animal manure
						  storage facilities on NMP operations.
(3) Manure handling in emergency situations
						  when there is an outbreak of a contagious disease that poses a threat to animal
						  or human health.
(4) The awarding
						  of financial assistance under the act for the implementation of plans for
						  existing agricultural operations.
(5) The awarding of incentives for the
						  development of plans under the Plan Development Incentives Program in
						  §§ 83.211-83.216.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter D - NUTRIENT MANAGEMENT › GENERAL PROVISIONS › Section 83.203 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purposes of this subchapter are to:
(1) Assure the proper utilization and
						  management of nutrients on CAOs, VAOs and operations required to develop
						  compliance plans under section 506(j) of the act (relating to nutrient
						  management plans).
(2) Assure the
						  proper utilization and management of nutrients when manure is exported off of
						  the operations described in paragraph (1).
(3) Protect the quality of surface water and
						  groundwater.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter D - NUTRIENT MANAGEMENT › GENERAL PROVISIONS › Section 83.205 - Preemption of local ordinances

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The act and this subchapter are of Statewide concern and occupy the whole field
						  of regulation regarding nutrient management to the exclusion of all local
						  regulations.
(b) After October 1,
						  1997, no ordinance or regulation of any political subdivision or home rule
						  municipality may prohibit or in any way regulate practices related to the
						  storage, handling or land application of animal manure or nutrients or to the
						  construction, location or operation of facilities used for storage of animal
						  manure or nutrients or practices otherwise regulated by the act or this
						  subchapter if the municipal ordinance is in conflict with the act and this
						  subchapter.
(c) Nothing in the act
						  or this subchapter prevents a political subdivision or home rule municipality
						  from adopting and enforcing ordinances or regulations which are consistent with
						  and no more stringent than the requirements of the act and this
						  subchapter.
(d) No penalty will be
						  assessed under any valid local ordinance or regulation for any violation for
						  which a penalty has been assessed under the act or this subchapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter D - NUTRIENT MANAGEMENT › GENERAL PROVISIONS › Section 83.206 - Limitation of liability

Current through Register Vol. 54, No. 28, July 13, 2024
If an operator is fully and properly implementing a
							 plan approved by a delegated county conservation district or the Commission and
							 maintained under the act and this subchapter, 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 under the implementation.
This section cited in 25 Pa. Code §
															83.362 (relating to plan
								implementation).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter D - NUTRIENT MANAGEMENT › GENERAL PROVISIONS › Section 83.207 - Compliance assistance and enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department of Agriculture will assist
						  the Commission in developing programs to assist those engaged in production
						  agriculture to comply with the act and this subchapter.
(b) The Department of Agriculture will act as
						  an ombudsman to help resolve issues related to county conservation district
						  implementation of the act and this subchapter for those conservation districts
						  delegated nutrient management program responsibilities under §
													83.241 (relating to delegation to
						  local agencies).
(c) The Commission
						  will be responsible for taking enforcement actions under the act and this
						  subchapter. In the exercise of its enforcement authority, the Commission will
						  be assisted by the staff of the Department for actions resulting in violations
						  of The Clean Streams Law (35 P. S. §§
														691.1-691.1001) and will be assisted by the
						  Department of Agriculture for all other violations.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter D - NUTRIENT MANAGEMENT › PLAN DEVELOPMENT AND PLAN MAINTENANCE INCENTIVES PROGRAMS › Section 83.211 - Applicant eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To be
						  eligible to apply for financial assistance for nutrient management plan
						  development or plan maintenance, a person shall meet the following criteria.
(1) In addition to seeking financial
						  assistance for the implementation of a nutrient management plan under
						  §§
														83.221-83.233 (relating to financial
						  assistance), an NMP operation seeking to submit a nutrient management plan for
						  the first time under the act, may apply for funding under the Plan Development
						  Incentives Program for the development of a nutrient management plan by a
						  certified plan writer.
(2) In
						  addition to seeking financial assistance for the implementation of a nutrient
						  management plan under §§
														83.221-83.233, an NMP operation seeking
						  to amend an existing nutrient management plan approved prior to October 1,
						  2006, may apply for funding under the Plan Development Incentives Program for
						  the development of the amendment to the existing approved plan by a certified
						  nutrient management plan writer.
(3) In addition to seeking financial
						  assistance for the implementation of a nutrient management plan under
						  §§
														83.221-83.233, an NMP operation seeking
						  to update or amend an approved nutrient management plan meeting the
						  requirements of this revised subchapter, may apply for funding under the Plan
						  Maintenance Incentives Program for the development of a nutrient management
						  plan update or amendment by a certified nutrient management plan
						  writer.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter D - NUTRIENT MANAGEMENT › PLAN DEVELOPMENT AND PLAN MAINTENANCE INCENTIVES PROGRAMS › Section 83.212 - Application procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application for funding from the Plan Development Incentives Program or Plan
						  Maintenance Incentives Program shall be made on forms developed by the
						  Commission and shall be addressed to the Commission or delegated conservation
						  district.
(b) An application
						  received by the Commission or delegated conservation district will be reviewed
						  for completeness, eligibility and the appropriate level of funding.
(c) If the application is determined to be
						  incomplete, the Commission, or delegated conservation district, will provide
						  the applicant with a written explanation of the reason for the determination,
						  and request the additional information needed to complete the application
						  process.
(d) The Commission or
						  delegated conservation district will approve or disapprove each application
						  submitted. Within 45 days of receipt of the required information, applicants
						  will be notified in writing of actions taken on their applications and their
						  rights to appeal the actions.
(e)
						  If the approval of applications for funding from the Plan Development
						  Incentives Program or Plan Maintenance Incentives Program is delegated to a
						  county conservation district under §
													83.241 (relating to delegation to
						  local agencies), actions of conservation districts shall be deemed actions of
						  the Commission unless an applicant aggrieved by an action of a conservation
						  district seeks Commission review of the action within 30 days from actual or
						  constructive notice of the action.
(f) The applicant may appeal a decision of
						  the Commission to the EHB as provided for in section 517 of the act (relating
						  to appealable actions).
This section cited in 25 Pa. Code §
															83.502 (relating to definitions);
								and 25 Pa. Code §
															83.521 (relating to
								general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter D - NUTRIENT MANAGEMENT › PLAN DEVELOPMENT AND PLAN MAINTENANCE INCENTIVES PROGRAMS › Section 83.213 - Application prioritization criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The distribution of funding under the
						  Plan Development Incentives Program shall be provided to the extent funds are
						  available based on the following prioritization:
(1) Agricultural operations newly classified
						  as CAOs due to the revised criteria established in this amended
						  subchapter.
(2) CAOs amending a
						  plan approved prior to October 1, 2006, to conform with the revised program
						  criteria.
(3) CAOs coming into
						  existence after October 1, 2006, due to loss of rented acres.
(4) VAOs amending a plan approved prior to
						  October 1, 2006, to conform with the revised program criteria.
(5) VAOs submitting a plan under the
						  act.
(6) Other CAOs coming into
						  existence after October 1, 2006.