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 D - NUTRIENT MANAGEMENT › PLAN DEVELOPMENT AND PLAN MAINTENANCE INCENTIVES PROGRAMS › Section 83.214 - Eligible costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Eligible
						  costs considered by the Commission under the Plan Development Incentives
						  Program are those fees incurred for the development of the initial nutrient
						  management plan or the amendment of a nutrient management plan approved prior
						  to October 1, 2006, to conform with the revised program criteria.
(b) Eligible costs considered by the
						  Commission under the Plan Maintenance Incentives Program are those fees
						  incurred for the development of an update or amendment to a nutrient management
						  plan meeting the requirements of this revised subchapter.
(c) Costs of soil and manure tests (not
						  including labor costs) for initial plan development, or for developing the
						  amended or updated plan as described in subsections (a) and (b), are eligible
						  for reimbursement.
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 83.215 - Funding limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Commission will limit individual awards in the amounts it deems appropriate for
						  the particular classification of operation.
(b) Funding under the Plan Development
						  Incentives Program will be limited to a one-time reimbursement payment for
						  initial plan development costs incurred after the eligible agricultural
						  operator's application has been approved, and as a one-time reimbursement
						  payment for a nutrient management plan amendment of a plan approved prior to
						  October 1, 2006, to conform with the revised program criteria.
(c) Funding under the Plan Maintenance
						  Incentives Program will be limited to one payment annually for updating or
						  amending an approved nutrient management plan meeting the requirements of this
						  revised subchapter.
(d) Funding
						  under both the Plan Development Incentives Program and the Plan Maintenance
						  Incentives Program will not be available for planning efforts initiated prior
						  to approval of the request for participation in the program.
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 83.216 - Implementation and reporting

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Commission will develop implementation and reporting documents defining the
						  terms and conditions under which funding under each program will be provided
						  and other documents determined to be necessary by the Commission.
(b) Only plans or plan updates and amendments
						  meeting the requirements of this revised subchapter will be eligible for
						  reimbursement under this program.
(c) The recipient of a Plan Development
						  Incentives Program or a Plan Maintenance Incentives Program award shall
						  maintain financial records for 3 years to substantiate reimbursement
						  expenditures covered by this subchapter.
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 › FINANCIAL ASSISTANCE › Section 83.221 - Applicant eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  owner of an agricultural operation existing as of October 1, 2006, may apply
						  for financial assistance for the implementation of plans developed under the
						  act. The owner shall have legal and financial responsibility for the
						  agricultural operation during the term of the financial assistance provided by
						  the Commission.
(b) Existing CAOs
						  required to implement BMPs to conform with the revised criteria of this
						  subchapter are eligible for financial assistance for the implementation of the
						  BMPs.
(c) New agricultural
						  operations coming into existence after October 1, 2006, are not eligible for
						  financial assistance for the implementation of their approved plan, including
						  the BMPs in the plan.
(d) Existing
						  NMP operations having an approved nutrient management plan that are currently
						  or were in violation of the plan submission requirements or any other
						  requirements of this act prior to October 1, 2006, are not eligible for funding
						  under this program.
(e) Existing
						  agricultural operations expanding to become a CAO after October 1, 2006, are
						  not eligible for financial assistance for the implementation of their approved
						  plan, including the BMPs in the plan.
(f) Only those agricultural operations having
						  over eight AEUs are eligible to receive financial assistance for the
						  implementation of their approved plan, including the BMPs in the
						  plan.
This section cited in 25 Pa. Code §
															83.211 (relating to applicant
								eligibility); and 25 Pa. Code §
															83.233 (relating to delegation of
								financial assistance).
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 › FINANCIAL ASSISTANCE › Section 83.222 - Condition for receipt of financial assistance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An agricultural operation approved to
						  receive financial assistance under the Chesapeake Bay Nonpoint Source Pollution
						  Abatement Program after October 1, 2006, or otherwise receiving financial
						  assistance under the act for plans, shall agree to develop and implement a plan
						  as a condition for receiving the financial assistance.
(b) A recipient of financial assistance under
						  this subchapter shall be obligated to maintain the BMPs funded by the financial
						  assistance and continue to implement and adhere to the provisions of the plan,
						  the act and this chapter for 10 years following receipt of the funds.
This section cited in 25 Pa. Code §
															83.211 (relating to applicant
								eligibility); and 25 Pa. Code §
															83.233 (relating to delegation of
								financial assistance).
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 › FINANCIAL ASSISTANCE › Section 83.223 - Financial assistance eligibility criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission will consider the
						  following criteria in reviewing applications for financial assistance:
(1) Whether the project will improve the
						  health, safety or environment of the people of this Commonwealth and otherwise
						  satisfy the purposes of the act and this subchapter.
(2) The long-term financial or operational
						  viability, or both, of the agricultural operation.
(3) The cost effectiveness of the proposed
						  BMPs in comparison with other alternatives.
(4) The applicant's ability to operate and
						  maintain the BMPs in a proper manner.
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 › FINANCIAL ASSISTANCE › Section 83.224 - Project evaluation and prioritization criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Applications for financial assistance
						  will be evaluated in accordance with project evaluation criteria guidelines
						  developed by the Commission.
(b)
						  Applications for financial assistance will be prioritized for consideration as
						  follows:
(1) CAOs in compliance with the act
						  and properly implementing a plan approved prior to October 1, 2006, which, due
						  to the revisions to the regulations, are required to implement additional
						  practices to meet the new criteria.
(2) Existing agricultural operations newly
						  classified as CAOs due to the revised criteria established in this amended
						  subchapter.
(3) Existing
						  agricultural operations that become CAOs after October 1, 2006, due to loss of
						  rented acres.
(4) VAOs having an
						  approved plan as of October 1, 2006.
(5) Other agricultural operations in
						  existence as of October 1, 2006.
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 › FINANCIAL ASSISTANCE › Section 83.225 - Application procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application for financial assistance shall be made on forms approved by the
						  Commission and shall be addressed to the Commission or a delegated
						  agent.
(b) An application received
						  by the Commission or delegated agent will be reviewed for completeness and
						  eligibility. An application must include a copy of the approved plan which
						  identifies the proposed BMPs for which financial assistance is being
						  requested.
(c) If the application
						  is determined to be incomplete, the Commission or a delegated agent will
						  provide the applicant with a written explanation of the reasons for the
						  determination, and request the additional information needed to complete the
						  application process.
(d) Within 60
						  days of receipt of all required information, applicants will be notified in
						  writing of actions taken on their applications and any right to appeal the
						  actions.
(e) 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 §
															83.211 (relating to applicant
								eligibility); and 25 Pa. Code §
															83.233 (relating to delegation of
								financial assistance).
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 › FINANCIAL ASSISTANCE › Section 83.226 - Eligible costs for the implementation of an approved plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Eligible project costs considered by the
						  Commission shall be the costs necessary to implement the plan and may include
						  the following:
(1) Project design and
						  engineering including plans, specifications, cost estimates, certifications and
						  surveys.
(2) Costs associated with
						  obtaining the financial assistance and may include loan origination or loan
						  application fees, or both, title fees and filing fees.
(3) Project construction, including labor,
						  materials, machinery, equipment and site preparation associated with the
						  project.
(4) Costs associated with
						  the implementation of a cover cropping BMP, in response to the requirement
						  contained under §
														83.294(f)(5)(i)
						  (relating to nutrient application procedures).
(5) Other costs the Commission has determined
						  to be necessary.
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 › FINANCIAL ASSISTANCE › Section 83.227 - Loans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
						  will issue loans and set applicable terms and conditions it deems appropriate.
						  The Commission may consider factors it deems relevant, including the following:
(1) Current market interest rates.
(2) The financial ability of the applicant to
						  repay.
(3) The necessity to
						  maintain the fund in a financially sound manner.
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 › FINANCIAL ASSISTANCE › Section 83.228 - Loan guarantees

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission may make loan guarantees if the
							 Commission determines that it is an appropriate method to accomplish the
							 purposes of the act or this subchapter.
This section cited in 25 Pa. Code §
															83.211 (relating to applicant
								eligibility); and 25 Pa. Code §
															83.233 (relating to delegation of
								financial assistance).
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 › FINANCIAL ASSISTANCE › Section 83.229 - Grants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A grant will be
						  considered when funds have been made available to the Commission and the
						  Commission determines that the financial condition of the recipient is such
						  that the repayment of a loan is unlikely and that the recipient will be
						  financially distressed by the implementation of BMPs without a grant.
(b) The Commission may limit individual grant
						  awards to whatever amount it deems appropriate. The maximum amount of a grant
						  may not exceed those maximum grant limits established by the Commission. An
						  agricultural operation that has received or is approved to receive financial
						  assistance under any local, State, Federal or other financial assistance
						  program may also be eligible for grants under the Nutrient Management Plan
						  Implementation Grant Program up to the grant limit established by the
						  Commission in grants from those combined sources and the Nutrient Management
						  Plan Implementation Grant Program.
(c) A grant will be made subject to the terms
						  and conditions the Commission establishes.
This section cited in 25 Pa. Code §
															83.211 (relating to applicant
								eligibility); and 25 Pa. Code §
															83.233 (relating to delegation of
								financial assistance).
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 › FINANCIAL ASSISTANCE › Section 83.230 - Grants and loans

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission will, when it deems it appropriate and
							 to the extent financial circumstances permit, mix grant funds with loan funds.
This section cited in 25 Pa. Code §
															83.211 (relating to applicant
								eligibility); and 25 Pa. Code §
															83.233 (relating to delegation of
								financial assistance).
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 › FINANCIAL ASSISTANCE › Section 83.231 - Funding limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Total funding limits
. Total assistance provided under loans,
						  grants and loan guarantees for the implementation of a single plan may not
						  exceed those funding limits established by the Commission.
(b)
Partial funding
. The
						  Commission reserves the right to provide funding for only a portion of the
						  total costs of the project or only a portion of the amount requested in a
						  financial assistance application.
(c)
Least cost alternative
.
						  Financial assistance provided may not exceed that amount necessary for the
						  least-cost alternative for each BMP included.
(d)
Limitation
.
(1) Financial assistance will not be made
						  available that might jeopardize or compromise the fund.
(2) Financial assistance will not be
						  available for refinancing.
(3)
						  Financial assistance will not be available for BMPs if construction is
						  initiated prior to submission of an application for financial assistance,
						  unless a letter of no prejudice has been issued by the Commission as provided
						  in subsection (e).
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 › FINANCIAL ASSISTANCE › Section 83.233 - Delegation of financial assistance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under section 4(3) of the Conservation
						  District Law (3 P. S. §
														852(3)) and subject to this
						  section, the Commission may by written agreement delegate to one or more agents
						  the administration of the financial assistance provisions of this subchapter in
						  §§
													83.221-83.232. The Commission will retain
						  final approval authority for all applications for financial
						  assistance.
(b) To the extent
						  delegated by the agreement, the delegations may include the authority to review
						  and make recommendations to the Commission on applications for financial
						  assistance under the act and this subchapter and to exercise other powers and
						  duties otherwise vested in the Commission to administer the Financial
						  Assistance Program. The Commission will retain final approval authority for all
						  applications for financial assistance received by a delegated agent.
(c) A delegation agreement shall:
(1) Specify the powers and duties to be
						  performed by the delegated agents.
(2) Provide for the commitment of
						  sufficiently trained staff and resources to perform the process and duties to
						  be delegated.
(3) Require the
						  delegated agent to maintain records of activities under the
						  delegation.
(4) Provide for the
						  monitoring and supervision by the Commission of performance by the delegated
						  agents of the functions delegated under 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 D - NUTRIENT MANAGEMENT › DELEGATION TO LOCAL AGENCIES › Section 83.241 - Delegation to local agencies

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Commission may by written agreement delegate to a conservation district one
						  or more of its administrative or enforcement authorities under the
						  act.
(b) The delegation of
						  administrative or enforcement authority may be made to a conservation district
						  when the district demonstrates it has or will have an adequate program and
						  sufficient resources to accept and implement the delegation.
(c) To the extent delegated by the agreement,
						  the delegations may include the authority to enforce the act and this
						  subchapter and to exercise other powers and duties otherwise vested in the
						  Commission to implement the act.
(d) A delegation agreement will:
(1) Specify the powers and duties to be
						  performed by the delegated district.
(2) Provide for the commitment of sufficient
						  trained staff and resources to perform the powers and duties to be
						  delegated.
(3) Require the
						  delegated conservation district to maintain records of activities performed
						  under the delegation.
(4) Provide
						  for the monitoring and supervision by the Commission of performance by the
						  delegated conservation district of the functions delegated under 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 D - NUTRIENT MANAGEMENT › COMPLIANCE PLANS › Section 83.251 - Compliance plans

Current through Register Vol. 54, No. 28, July 13, 2024
An agricultural operation found to be in violation of
							 The Clean Streams Law (35 P. S. §§
														691.1-691.1001) may be required to submit a
							 plan that meets the requirements of the act and this subchapter within 3 months
							 or notification thereof and to implement the plan in accordance with the
							 schedule as approved.
This section cited at 25 Pa. Code §
															83.261 (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 › NUTRIENT MANAGEMENT PLANS › Section 83.261 - General

Current through Register Vol. 54, No. 28, July 13, 2024
NMP operations shall meet the plan requirements of
							 §§
													83.251, 83.262, 83.271, 83.272,
							 83.281, 83.282, 83.291-83.294, 83.301, 83.311, 83.312, 83.321, 83.331,
							 83.341-83.344, 83.351, 83.361, 83.362, 83.371-83.373 and 83.381 according to
							 the following:
(1)
Operations
						  defined as a CAO prior to October 1, 2006
.
(i) For operations defined as CAOs operating
						  as of October 1, 1997, a plan shall have been submitted prior to October 1,
						  1998.
(ii) For operations which
						  were newly defined as a CAO due to expansion of operations prior to October 1,
						  2006, a plan shall have been submitted within 3 months of the change in
						  operations which classified them as a CAO.
(iii) For new operations defined as CAOs and
						  commencing before October 1, 2006, a plan shall have been submitted prior to
						  commencement of operations.
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 › NUTRIENT MANAGEMENT PLANS › Section 83.262 - Identification of CAOs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Procedure
. To determine if a particular agricultural operation
						  is a CAO, the number of AEUs per acre on the agricultural operation shall be
						  calculated using the following procedure:
(1)
						  The number of AEUs on the agricultural operation shall be calculated by using
						  the following steps:
(i) Compute the animal
						  weight for the agricultural operation by multiplying the average number of
						  animals on the agricultural operation by the standard animal weight used by the
						  livestock industry in this Commonwealth. The standard weights contained in
						  guidance published by the Commission may be used to meet this requirement.
						  Other animal weights may be used in place of those in the Commission guidance,
						  if there is sufficient documentation to support their use. For those animal
						  types not included in the Commission guidance, the average animal weight for
						  the operation shall be used for this calculation, taking into account, if
						  applicable, the range of animal weights throughout the time the animals are on
						  the operation.
(ii) Annualize the
						  average animal weight per day by multiplying the animal weight derived in
						  subparagraph (i) by the number of days per year that the animals are on the
						  operation, then divide by 365 days.
(iii) Compute the number of AEUs for the
						  particular animal type by dividing the number derived in subparagraph (ii) by
						  1,000.
(iv) Compute the AEUs for
						  the operation by adding together the number of AEUs for each type of animal to
						  equal the total number of AEUs on the agricultural operation.
(v) Operations having less than eight AEUs
						  are not classified as CAOs regardless of the animal density.
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 › CONTENT REQUIREMENTS FOR ALL PLANS › Section 83.271 - Scope of plan

Current through Register Vol. 54, No. 28, July 13, 2024
Plans developed under the act shall comply with the
							 act and this subchapter.
This section cited in 25 Pa. Code §
															83.201 (relating to definitions);
								25 Pa. Code §
															83.261 (relating to general); and
								25 Pa. Code §
															83.272 (relating to content of
								plans).
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 › CONTENT REQUIREMENTS FOR ALL PLANS › Section 83.272 - Content of plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Plans
						  developed for CAOs, VAOs and operations required to develop compliance plans
						  under section 506(j) of the act (relating to nutrient management plans) must
						  comply with §§ 83.261 and 83.271-83.381.
(b) A plan must follow the standardized plan
						  format provided by the Commission, unless otherwise approved by the Commission.
(c) The operator shall be involved
						  in the development of the plan.
(d)
						  The BMPs listed in the plan must be consistent with the management practices
						  listed in other relevant plans, such as the agricultural erosion and sediment
						  control plan developed for the operation, unless otherwise approved by the
						  Commission or delegated conservation district.
(e) The only nutrient elements of concern to
						  be addressed by BMPs in the plan, based on their potential to impact the
						  quality of surface water or groundwater, are nitrogen and phosphorus. Unless
						  the context clearly indicates otherwise, "nutrients" as used in this subchapter
						  means nitrogen and phosphorus.
(f)
						  The plan must list potassium crop needs, and potassium application rates, from
						  all nutrient sources, to ensure that adequate soil fertility levels are
						  addressed to meet crop production goals.
This section cited in 25 Pa. Code §
															83.201 (relating to definitions);
								25 Pa. Code §
															83.204 (relating to applicability
								of requirements); and 25 Pa. Code §
															83.261 (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 SUMMARY INFORMATION › Section 83.281 - Identification of agricultural operations and acreage

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Agricultural operation
						  identification sheet
. The plan must include an agricultural operation
						  identification sheet which includes the following information:
(1) The operator name, address and telephone
						  number.
(2) A brief description of
						  the operation including:
(i) Animal types and
						  numbers included on the operation.
(ii) The crop rotation planned to be used on
						  the operation.
(iii) The
						  dimensions, capacity and freeboard of any existing manure storage facilities on
						  the operation.
(3) The
						  signatures and documentation as required by §
														83.261 (relating to
						  general).
(4) The counties where
						  land included in the plan is located.
(5) The watersheds in which the land included
						  in the plan is located. The existence of any special protection waters, as
						  identified in Chapter 93 (relating to water quality standards), shall also be
						  noted.
(6) The total acreage of the
						  agricultural operation included in the plan. This acreage includes:
(i) Lands located at or adjacent to the
						  animal facility, which are owned by the operator of the facility.
(ii) Other owned, rented or leased lands,
						  under the management control of the operator of the facility, that are used for
						  the application, treatment or storage of manure generated at the facility. The
						  plan must include the names and addresses of owners of the rented and leased
						  lands.
(7) The total
						  acreage of land of the agricultural operation on which nutrients shall be
						  applied. The total acreage shall be separated into acres of owned land and
						  acres of rented or leased land.
(8)
						  The total number of AEUs on the operation, and the number of AEUs per acre on
						  the agricultural operation.
(9) The
						  name, nutrient management certification program identification number and
						  signature of the nutrient management specialist that prepared the plan and the
						  date of plan preparation.
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 SUMMARY INFORMATION › Section 83.282 - Summary of plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The plan
						  must contain a summary that includes:
(1) A
						  manure summary table listing:
(i) The total
						  amount of manure planned to be generated on the operation annually.
(ii) The total amount of manure planned to be
						  used on the operation annually.
(iii) The total amount of manure planned to
						  be exported from the operation annually.
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 › NUTRIENT APPLICATION › Section 83.293 - Determination of nutrient application rates

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application rate
.
						  Application rates shall be developed to protect surface water and groundwater
						  using BMPs as described in the plan. The manure application rate shall be the
						  lesser of the following:
(1) A rate equal to
						  or less than the balanced manure application rate based on nitrogen as
						  determined under subsection (b).
(2) The rate as determined under subsection
						  (c).
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 › NUTRIENT APPLICATION › Section 83.294 - Nutrient application procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. Nutrients shall
						  be applied to fields during times and conditions that will hold the nutrients
						  in place for crop growth, and protect surface water and groundwater using BMPs
						  as described in the plan.
(b)
Timing
. Intended target spreading periods for the application
						  of manure shall be included in the plan.
(c)
Equipment capabilities
.
						  Manure application rates and procedures must be consistent with the
						  capabilities, including capacity and calibration range, of available
						  application equipment.
(1) For existing
						  operations using their own application equipment, the plan must include a
						  statement indicating that the existing equipment has been calibrated to ensure
						  implementation of the application rates described in the plan, and that the
						  equipment has the capacity to meet those application rates. The supporting
						  documentation for this statement shall be available at the operation for
						  inspection by the county conservation district and the Commission.
(2) For proposed operations, or when it is
						  not feasible to calibrate the equipment or verify its capacity at planning
						  time, the operator shall perform this application equipment calibration and
						  capability verification prior to the first application of manure. The statement
						  described in paragraph (1) shall be included in any necessary amendments to the
						  plan. The supporting documentation of this statement shall be available at the
						  operation for inspection by the Commission and delegated county conservation
						  district.
(3) If a commercial
						  manure hauler is used, the hauler shall be responsible for ensuring that the
						  equipment is capable of complying with the application rate contained in the
						  plan.
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 › ALTERNATIVE USES FOR EXCESS MANURE › Section 83.301 - Excess manure utilization plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. If manure will
						  be exported for use off the NMP operation at known agricultural operations for
						  agricultural land application, the following applies:
(1) The plan must include signed agreements,
						  on a form acceptable to the Commission, between the NMP operation and each
						  importing operator agreeing to accept the manure from the exporting operation.
						  If the importing operator will be applying manure on lands rented or leased to
						  that importing operator, the agreement must state that the importing operator
						  has the authority to apply manure on the leased or rented lands.
(2) The importing operator is responsible for
						  the proper handling and application of the imported manure accepted from an
						  exporter, in accordance with subsection (b).
(3) An NMP operation exporting manure shall
						  also be responsible for the proper handling and application of the exported
						  manure if the NMP operation, or an employee or contractor of the operation,
						  applies manure at the importing operation.
(4) The plan must demonstrate how the
						  exported manure will be properly managed. This must be done by use of either
						  nutrient balance sheets or approved nutrient management plans, and signed
						  agreements with importers, under 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 › MANURE MANAGEMENT › Section 83.311 - Manure management

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Review existing practices
. In the preparation of a plan, the
						  nutrient management specialist shall perform a site visit to conduct a review
						  of the adequacy of existing manure management practices to prevent surface
						  water or groundwater pollution from storm events up to and including a 25-year,
						  24-hour storm intensity. The specialist may confer with NRCS, conservation
						  district staff or others with expertise with nutrient runoff control. This
						  review shall be documented in the plan by identification of those conditions
						  and areas where there is a potential for stormwater commingled with manure to
						  directly runoff into surface water as a result of a storm event up to and
						  including a 25-year, 24-hour storm intensity, without sufficient filtration or
						  other appropriate treatment or handling BMPs, such as vegetated buffers.
						  Practices to be evaluated in this review include manure handling, manure
						  collection, barnyard runoff control and manure storage practices. Examples of
						  inadequate manure management practices include the following:
(1) Manure, contaminated water or nutrients
						  leaving manure storage or animal concentration areas, and directly discharging
						  into surface water or groundwater.
(2) The uncontrolled flow of storm water
						  into, or across, manure storage facilities, emergency manure stacking areas or
						  animal concentration areas.
(3)
						  Manure storage facilities overflowing or maintained at levels above design full
						  levels.
(4) Manure storage
						  facilities that are sized for less than the projected manure accumulation based
						  on the expected application periods used in the plan.
(5) Leaking or unstable manure storage
						  facilities.
(6) Manure storage
						  facilities which otherwise do not comply with §
														91.36 (relating to pollution
						  control and prevention at agricultural operations).
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 › SITE SPECIFIC EMERGENCY RESPONSE PLANS › Section 83.312 - Site specific emergency response plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) NMP operations shall develop and
						  implement a written site-specific emergency response plan addressing actions to
						  be taken in the event of a discharge, leak or spill of materials containing
						  manure. A copy of the plan shall be kept onsite at the operation. The emergency
						  response plan must contain information necessary to meet the notification
						  requirements for reporting discharge, leak or spill events which would result
						  in pollution or create a danger of pollution to surface water or groundwater
						  contained in §
													91.33 (relating to incidents
						  causing or threatening pollution).
(b) In the case of a discharge, leak or spill
						  of materials containing manure related to the operation, the operator shall
						  implement the emergency response plan developed for the operation. The operator
						  shall comply with all notification and reporting requirements.
(c) The nutrient management plan must contain
						  a verification from a certified planner that an adequate written site-specific
						  emergency response plan meeting the requirements of this section exists for the
						  operation.
(d) The operator shall
						  provide a copy of the emergency response plan to the local emergency management
						  agency that would assist during a major discharge, leak or spill
						  event.
(e) A BMP-specific
						  contingency plan as required by §
													83.351 (relating to the minimum
						  standards for the design, construction, location, operation, maintenance and
						  removal from service of manure storage facilities) shall be included as an
						  addendum to the emergency response plan.
This section cited in 25 Pa. Code §
															83.261 (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 › STORMWATER CONTROL › Section 83.321 - Stormwater control

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the
						  preparation of a nutrient management plan under this subchapter, the nutrient
						  management specialist shall conduct a review of the adequacy of existing
						  stormwater control practices on croplands, haylands and pastures included in
						  the plan to prevent nutrient pollution of surface water and groundwater. The
						  specialist may confer with NRCS, conservation district staff or others with
						  expertise with nutrient runoff control. Based on this review, the plan must
						  identify critical runoff problem areas.
(b) The nutrient management plan shall
						  contain a list of specific stormwater control BMPs to address those critical
						  runoff problem areas identified in the review required under subsection (a).
						  This list of stormwater control BMPs may not be in conflict with other relevant
						  plans developed for the operation, such as the agricultural erosion and
						  sediment control plan, unless otherwise approved by the Commission or delegated
						  conservation district.
(c) The plan
						  submitted for approval is not required to include BMP designs. During the
						  implementation of the approved plan, the operator is responsible for obtaining
						  the necessary BMP designs and associated operation and maintenance plans to
						  implement the BMPs listed in the approved plan, and these BMP designs and
						  associated operation and maintenance plans shall be kept on record by the
						  operator as a supplement to the nutrient management plan.
(d) BMPs listed in the plan to address
						  critical runoff problem areas shall be selected, designed, installed, operated
						  and maintained to prevent nutrient pollution of surface water and groundwater.
						  The BMPs contained in the
Pennsylvania Technical Guide
may be
						  used to meet this requirement. Other BMPs shall be approved by the Commission.
(e) For areas on land rented or
						  leased by the operator that have been identified as critical runoff problem
						  areas which will require the installation of BMPs requiring construction
						  activities, the operator shall do one of the following:
(i) Implement the listed BMP.
(ii) Enter into an agreement with the
						  landowner requiring the landowner to implement the BMP.
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 › IMPLEMENTATION SCHEDULE › Section 83.331 - Implementation schedule

Current through Register Vol. 54, No. 28, July 13, 2024
A plan must contain a schedule that identifies when
							 the necessary capital improvements and management changes will be made,
							 consistent with the time frames in §
													83.362 (relating to plan
							 implementation).
This section cited in 25 Pa. Code §
															83.201 (relating to definitions);
								25 Pa. Code §
															83.204 (relating to applicability
								of requirements); 25 Pa. Code §
															83.261 (relating to general); and
								25 Pa. Code §
															83.272 (relating to content of
								plans).
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 › RECORDKEEPING AND INFORMATIONAL REQUIREMENTS › Section 83.341 - General recordkeeping requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless otherwise specified, records
						  required under this subchapter are not required to be submitted to the
						  Commission or delegated conservation district, but shall be retained by the
						  agricultural operation for at least 3 years.
(b) Records required under this subchapter
						  shall be maintained on forms provided by the Commission, unless otherwise
						  allowed by the Commission.
This section cited in 7 Pa. Code §
															130e.12 (relating to certification
								requirements); 7 Pa. Code §
															130e.32 (relating to certification
								requirements); 7 Pa. Code §
															130e.42 (relating to certification
								requirements); 25 Pa. Code §
															83.204 (relating to applicability
								of requirements); 25 Pa. Code §
															83.232 (relating to implementation
								and reporting); 25 Pa. Code §
															83.261 (relating to general); and
								25 Pa. Code §
															83.343 (relating to alternative
								manure utilization recordkeeping).
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 › RECORDKEEPING AND INFORMATIONAL REQUIREMENTS › Section 83.342 - Recordkeeping relating to application of nutrients

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Plans must be supported by the
						  information required in this section and §§
													83.343 and
						  83.344 (relating to alternative
						  manure utilization recordkeeping; and exported manure information
						  packets).
(b) The NMP operation
						  shall keep the following accurate records of the land application of nutrients,
						  crop yields and soil tests on the NMP operation:
(1) Records of soil testing results shall be
						  maintained consistent with §
														83.292(e)
						  (relating to determination of nutrients needed for crop production). Soil
						  testing is required once every 3 years for each crop management unit.
(2) Records of manure testing results and
						  testing of other nutrient sources shall be maintained consistent with §
														83.291 (relating to determination
						  of available nutrients). Manure testing is required once every year for each
						  manure group, except manure groups associated with less than five AEUs and
						  manure groups representing grazing consistent with § 83.291(c)(3)(iv) and
						  (vi).
(3) Land application of
						  nutrients on NMP operations shall be documented on an annual basis by recording
						  the following information for each source of nutrients:
(i) The locations and number of acres of
						  nutrient application.
(ii) The
						  dates of nutrient application.
(iii) The rate of nutrient application for
						  each crop management unit.
(iv) The
						  number of animals on pasture, the number of days on pasture and the average
						  number of hours per day on pasture.
(4) Approximate annual crop yield levels for
						  each crop management unit.
(5)
						  Annual manure production figures for each manure group.