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 F - DIRT AND GRAVEL ROAD MAINTENANCE PROGRAM-STATEMENT OF POLICY › GENERAL PROVISIONS › Section 83.605 - Payments by the Commission to districts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) State funds apportioned to districts
						  under this Program will be utilized solely for implementing a county level
						  Program.
(b) The Commission will
						  provide apportioned funds to a participating district through an agreement
						  between the Commission and each participating district.
(c) The Commission may withhold funds until
						  the Commission has received any overdue Program reports and audit statements as
						  required by the Commission.
(d) For
						  purposes of disbursing funds to participating conservation districts, the
						  Commission may process an advanced working capital payment as follows:
(1) Upon the full execution of the grant
						  agreement, the Commission may process up to 50% of the approved grant amount.
						  Subsequent payments to the districts will be made on an "actual cash expended"
						  basis to replenish the working capital advance.
(2) Advance payments by a conservation
						  district to an eligible project participant under a project agreement shall be
						  considered "actual cash expended" when the advance is paid by the conservation
						  district.
(3) The district shall
						  request the payments to replenish working capital in writing to the Commission
						  in a format and time frame as prescribed by the Commission. The Commission may
						  set a minimum payment level or time frequency, or both, for each request for
						  payment.
(4) Notwithstanding the
						  provisions of paragraph (1), (2) or (3), grant awards apportioned by the
						  Commission to a conservation district and any advanced working capital payments
						  made to conservation districts which will be $25,000 or less for any 1 fiscal
						  year may be advanced in total to the district.
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 F - DIRT AND GRAVEL ROAD MAINTENANCE PROGRAM-STATEMENT OF POLICY › GENERAL PROVISIONS › Section 83.606 - QAB Advisory Committee responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
The QAB Advisory Committee shall advise the
							 Commission on the following:
(1)
						  Allocation of funds from the State level to conservation districts.
(2) Development of Program and administrative
						  procedures for QABs.
(3) Review of
						  administrative and technical guidance for the Program.
(4) Other matters relating to the
						  administration of 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 F - DIRT AND GRAVEL ROAD MAINTENANCE PROGRAM-STATEMENT OF POLICY › GENERAL PROVISIONS › Section 83.607 - District responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  district participating in the Program shall enter into an agreement with the
						  Commission establishing the duties and responsibilities of each
						  entity.
(b) The district shall
						  receive and manage funds for the Program that have been apportioned by the
						  Commission to the district.
(c) The
						  district is responsible for all aspects of the management and administration of
						  the Program within that county.
(d)
						  A participating district shall conduct its Program consistent with the act,
						  this subchapter and all other policies and regulations established by the
						  Commission.
(e) The district shall
						  appoint and impanel a four-member QAB to administer the Grant Program within
						  the county, under the supervision and direction of the district board of
						  directors. The QAB is to be comprised of a nonvoting chairperson appointed by
						  the district and one local representative appointed by each of the following
						  entities:
(1) The Federal Natural Resource
						  Conservation Service.
(2) The Fish
						  and Boat Commission.
(3) The
						  district.
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 F - DIRT AND GRAVEL ROAD MAINTENANCE PROGRAM-STATEMENT OF POLICY › GENERAL PROVISIONS › Section 83.608 - QAB responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The QAB impaneled by a district shall establish and administer the Program for
						  the district under the direction of the board of directors of the district and
						  consistent with the policies adopted by the Commission.
(b) The QAB shall consider and adopt the
						  following:
(1) Written criteria to assure
						  equal access for all eligible applicants within each funding
						  category.
(2) Procedures that
						  assure a minimum amount of procedural paperwork.
(3) Written criteria to specify
						  priorities.
(4) Funding categories
						  to provide separate budgeting for road maintenance projects, road demonstration
						  projects, training grants and administrative costs:
(i) QAB training grants may not exceed limits
						  established by the Commission.
(ii)
						  Administrative costs may not exceed 10%.
(5) Incentives for training road managers and
						  equipment operators.
(6) Standards
						  that prohibit use of materials or practices which are environmentally
						  harmful.
(7) Site inspection
						  requirements to verify completion of work.
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 F - DIRT AND GRAVEL ROAD MAINTENANCE PROGRAM-STATEMENT OF POLICY › GENERAL PROVISIONS › Section 83.609 - Application by project participants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Applications will be on a one-page form
						  approved by the Commission. Applications should be submitted to the local
						  conservation district at the times designated by the local district.
						  Handwritten applications will be acceptable.
(b) An application shall be specific to one
						  work location or one type of work and shall include the following:
(1) A short description of the problem being
						  solved.
(2) The basis of the cost
						  estimate.
(3) The proposed project
						  work schedule.
(4) The basis for
						  successful completion.
(5) The type
						  of pollution to be reduced.
(6)
						  Other items specified by the Commission.
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 F - DIRT AND GRAVEL ROAD MAINTENANCE PROGRAM-STATEMENT OF POLICY › GENERAL PROVISIONS › Section 83.610 - Agreements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An agreement is
						  required between a district and project participants.
(b) The form of agreements between the
						  district and project participants shall be approved by the
						  Commission.
(c) Each agreement
						  shall provide that the parties agree to comply with the conditions in this
						  subchapter, the general contract conditions adopted by the Commission and the
						  performance criteria adopted by the QAB of the district.
(d) The term of the agreement shall be
						  sufficient to cover the duration of work implemented 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 F - DIRT AND GRAVEL ROAD MAINTENANCE PROGRAM-STATEMENT OF POLICY › GENERAL PROVISIONS › Section 83.611 - Eligible expenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Eligible expenses include all Program and project costs associated with the
						  administration and implementation of the Program, and the design, review,
						  approval, implementation and maintenance of any project approved and funded by
						  the Program. Eligible costs payable to project participants for Program
						  projects and eligible costs payable to conservation districts for the overall
						  administration and implementation of the Program will be determined by the
						  Commission.
(b) Eligible expenses
						  for project participants include the materials, services and labor required to
						  design and implement a project, including, but not limited to, construction and
						  maintenance supplies and materials, equipment rental and transportation
						  charges, demurrage, reimbursement for use of participant owned equipment,
						  salaries and benefits, automotive and hauling travel including room and board
						  expenses, contracted specialized services, miscellaneous expenses, certain
						  engineering and technical fees as determined by the Commission and other
						  expenses necessary for the satisfactory completion of a project as determined
						  by the Commission.
(c) Eligible
						  expenses for participating conservation districts shall include eligible costs
						  defined in subsections (a) and (b) for project participants, plus materials,
						  services, labor, insurance/liability coverage and all other expenses necessary
						  for the overall administration and implementation of the Program, the
						  development and delivery of training/education programs, demonstration
						  projects, resource assessment, site inspections and other expenses determined
						  by the Commission to be necessary to administer and implement 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 F - DIRT AND GRAVEL ROAD MAINTENANCE PROGRAM-STATEMENT OF POLICY › GENERAL PROVISIONS › Section 83.612 - Project participant responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Project participants shall conduct the
						  dirt and gravel road maintenance project in accordance with the project
						  agreement with the district, the work plan for the project, the standards
						  established by the QAB for the district, and the policies adopted by the
						  Commission.
(b) Project
						  participants may not use materials or practices that are environmentally
						  harmful.
(c) Project participants
						  shall apply for necessary local, State and Federal permits required for the
						  project and provide the district with suitable documentation of permit issuance
						  and requirements.
(d) Project
						  participants shall report Program accomplishments to the district in a manner
						  prescribed in the agreement.
(e)
						  Claims for payment shall be submitted to the district in accordance with the
						  schedule contained in the agreement. The claims shall be itemized and show that
						  the utilization of funds are in accordance with the budget outlined in the
						  agreement. The claims shall also include receipts, weigh slips or other
						  appropriate supporting information, as determined by the Commission, to
						  document actual expenditures by the project participant.
(f) The district and the Commission reserve
						  the right to audit project related accounts and records to determine if funds
						  were expended in conformance with the agreement.
(g) A project participant shall maintain a
						  separate accounting of the funds received under the Program.
(h) Records shall be retained for 3 years
						  following the last payment for the project.
(i) Upon the request of the district or the
						  Commission, or both, project participants shall provide access to all records,
						  files and documents related to Program 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 F - DIRT AND GRAVEL ROAD MAINTENANCE PROGRAM-STATEMENT OF POLICY › GENERAL PROVISIONS › Section 83.613 - Performance standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Commission will establish, as it deems appropriate, performance standards for
						  the implementation of the Program. These standards may include specific
						  administrative policies or technical requirements, or both, adopted by the
						  Commission for the implementation and administration of the Program, including
						  standards which prohibit the use of materials or practices which are
						  environmentally harmful.
(b)
						  Standards which prohibit the use of materials or practices which are
						  environmentally harmful shall include the following minimum requirements:
(1) The commercial products used by project
						  participants within a project area shall be used or installed, or both,
						  according to manufacturer's recommendations and label requirements.
(2) Materials toxic to aquatic life, as
						  defined by The Clean Streams Law (35 P. S. §§
															691.1-691.1001), may not be used where
						  surface runoff may enter surface or ground waters.
(3) Compliance with applicable Federal, State
						  and local laws, regulations and permit 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 F - DIRT AND GRAVEL ROAD MAINTENANCE PROGRAM-STATEMENT OF POLICY › GENERAL PROVISIONS › Section 83.614 - Payment of eligible expenses to project participants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Payments made by a district pursuant to a
						  project agreement shall be solely for eligible expenses.
(b) Claims for payment shall be submitted by
						  a project participant to the district in accordance with the schedule and terms
						  contained in the approved project agreement. The claims shall be itemized and
						  show that the utilization of funds are in accordance with the project cost
						  summary contained in the approved project application and work plan. Claims
						  shall include receipts, weigh slips, equipment use time sheets, employe time
						  sheets or other appropriate supporting information to document actual
						  expenditures by the project participants.
(c) For the purpose of dispersing funds to a
						  project participant under a project agreement, the district may process an
						  advanced working capital payment as follows:
(1) Upon the full execution of the project
						  agreement, the district may process an advanced payment to a project
						  participant of up to 50% of the approved project expenses.
(2) Subsequent payments to the project
						  participant will be made on an actual cash expended basis.
(3) In all cases, the district shall withhold
						  payment of at least 30% of the approved project expenses until the satisfactory
						  completion of the project. Final payment for the project expenses shall be made
						  only after a final inspection by the district determines that the work was
						  performed consistent with the project application and the work plan, and to the
						  satisfaction of the district.
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 G - FACILITY ODOR MANAGEMENT › GENERAL PROVISIONS › Section 83.701 - 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:
AEU-Animal equivalent unit
-One
							 thousand pounds live weight of livestock or poultry animals, on an annualized
							 basis, regardless of the actual number of individual animals comprising the
							 unit.
Act
-3 Pa.C.S. §§ 501-522
							 (relating to nutrient management and odor management).
Agricultural operations
-The
							 management and use of farming resources for the production of crops, livestock
							 or poultry.
Animal housing facility
-A roofed
							 structure or facility, or any portion thereof, used for occupation by livestock
							 or poultry.
CAFO-Concentrated animal feeding
							 operation
-An agricultural operation that meets the criteria
							 established by the Department in regulations under the authority of The Clean
							 Streams Law (35 P. S. §§
														691.1-691.1001), found in Chapter 92
							 (relating to National Pollutant Discharge Elimination System Permitting,
							 Monitoring and Compliance).
CAO-Concentrated animal
							 operation
-Agricultural operations with eight or more animal equivalent
							 units where the animal density exceeds two AEUs per acre on an annualized
							 basis.
Commission
-The State Conservation
							 Commission established by the Conservation District Law (3 P. S.
							 §§
														849-864).
Conservation district
-A county
							 conservation district established under the Conservation District Law.
Construction or construction
							 activities
-The act or process of systematically building, forming,
							 assembling or otherwise putting together a facility or parts of a
							 facility.
(i) The terms do not include
						  any of the following, when used in relation to the following activities at
						  animal housing facilities:
(A) Replacement of
						  existing equipment at an existing animal housing facility.
(B) Replacement of an existing animal housing
						  facility in existence as of February 27, 2009, that has been destroyed by fire,
						  flooding, wind, or other acts of God, vandalism, or other similar circumstances
						  beyond the operator's control, with a facility that is of similar animal
						  capacity.
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 G - FACILITY ODOR MANAGEMENT › GENERAL PROVISIONS › Section 83.702 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter specifies the criteria and
							 requirements for:
(1) Odor management
						  planning required under the act for certain facilities at CAOs and
						  CAFOs.
(2) Voluntary OMPs developed
						  for VAOs and facilities not required to submit a plan under this subchapter,
						  that are submitted to the Commission or delegated conservation district for
						  approval under the act.
(3) The
						  construction, location and operation of animal housing facilities and animal
						  manure management facilities, and the expansion of existing facilities, as part
						  of a plan developed under the act.
(4) The awarding of financial assistance
						  under the act for the development and implementation of OMPs for existing
						  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 G - FACILITY ODOR MANAGEMENT › GENERAL PROVISIONS › Section 83.703 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purposes of this subchapter are as follows:
(1) To provide for the management of
						  odors generated only from animal housing facilities and manure management
						  facilities on certain CAOs and CAFOs, considering the following:
(i) Site-specific factors.
(ii) Reasonably available technology,
						  practices, standards and strategies.
(iii) The practical and economic feasibility
						  of installation and operation of the technology, practices, standards and
						  strategies.
(iv) The potential
						  impacts from the facilities that may lead to conflicts between the agricultural
						  operation and neighbors, arising from the offsite migration of the
						  odors.
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 G - FACILITY ODOR MANAGEMENT › GENERAL PROVISIONS › Section 83.704 - Relation to Subchapter D (relating to nutrient management regulations)

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter may not be construed as modifying,
							 rescinding or superseding applicable manure management requirements for water
							 quality protection contained in Subchapter D (relating to nutrient
							 management).
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 G - FACILITY ODOR MANAGEMENT › GENERAL PROVISIONS › Section 83.705 - 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 odor management to the exclusion of all local
						  regulations.
(b) No ordinance or
						  regulation of a political subdivision or home rule municipality may regulate
						  the management of odors generated from animal housing or manure management
						  facilities regulated by this chapter if the municipal ordinance or regulation
						  is in conflict with this chapter and the regulations or guidelines promulgated
						  under it.
(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) A penalty may not
						  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 G - FACILITY ODOR MANAGEMENT › GENERAL PROVISIONS › Section 83.706 - Limitation of liability

Current through Register Vol. 54, No. 28, July 13, 2024
If an operator for an agricultural operation is fully
							 and properly implementing and maintaining an OMP approved by the Commission or
							 a delegated county conservation district 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
							 odor impacts.
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 G - FACILITY ODOR MANAGEMENT › GENERAL PROVISIONS › Section 83.707 - 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 odor management program responsibilities under §
													83.731 (relating to delegation to
						  conservation districts).
(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 Departments of Agriculture and
						  Environmental Protection.
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 G - FACILITY ODOR MANAGEMENT › FINANCIAL ASSISTANCE FOR PLAN DEVELOPMENT › Section 83.711 - Applicant eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
Agricultural operations existing as of February 27,
							 2009, which are subject to this subchapter under §
													83.741(b)
							 (relating to general) or §
													83.741(g), are
							 eligible to receive funding under this 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 G - FACILITY ODOR MANAGEMENT › FINANCIAL ASSISTANCE FOR PLAN IMPLEMENTATION › Section 83.721 - Applicant eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
An owner of an agricultural operation existing as of
							 February 27, 2009, may apply for financial assistance for the implementation of
							 OMPs developed under the act only when the Commission requires construction of
							 a manure management facility as part of the nutrient management program
							 requirements, as determined under Subchapter D (relating to nutrient
							 management). The owner shall have legal and financial responsibility for the
							 agricultural operation during the term of the financial assistance provided by
							 the Commission.
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 G - FACILITY ODOR MANAGEMENT › DELEGATION TO CONSERVATION DISTRICTS › Section 83.731 - Delegation to conservation districts

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.
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 G - FACILITY ODOR MANAGEMENT › ODOR MANAGEMENT PLANS › Section 83.741 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) OMPs submitted
						  under this subchapter must meet the requirements in this section and
						  §§ 83.751, 83.761, 83.762, 83.771 and 83.781-83.783.
(b)
Applicability
.
						  Agricultural operations that meet the criteria of paragraphs (1) and (2) shall
						  develop and implement an OMP:
(1)
Types of operations
. Operations that meet one of the
						  following:
(i) CAOs and CAFOs existing as of
						  February 27, 2009.
(ii)
						  Agricultural operations existing on February 27, 2009, which, because of an
						  increase, resulting from expansion in the number of animals maintained at the
						  operation, will become regulated as either a CAO or CAFO.
(iii) Agricultural operations existing on
						  February 27, 2009, which, because of a decrease in lands available for manure
						  application, will become regulated as either a CAO or CAFO.
(iv) New agricultural operations after
						  February 27, 2009, which will be regulated as either a CAO or
						  CAFO.
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 G - FACILITY ODOR MANAGEMENT › CONTENT REQUIREMENTS FOR ALL PLANS › Section 83.751 - Content of plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A plan must
						  follow the standardized plan format provided by the Commission, unless
						  otherwise approved by the Commission.
(b) The operator shall be involved in the
						  development of the plan.
(c) The
						  Odor BMPs listed in the plan must be consistent with the management practices
						  listed in other relevant plans required by State regulations administered by
						  the Commission or the Department, such as the nutrient management plan and
						  Agriculture Erosion and Sedimentation Control plan developed for the operation,
						  unless otherwise approved by the Commission or delegated conservation
						  district.
This section cited in 25 Pa. Code §
															83.741 (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 G - FACILITY ODOR MANAGEMENT › PLAN SUMMARY INFORMATION › Section 83.761 - Identification of agricultural operations and regulated facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Agricultural operation identification sheet
. The plan must
						  include an agricultural operation identification sheet that contains the
						  following information:
(1) The operator name,
						  address and telephone number, and the address for the regulated facilities if
						  that address is different from the operator's address.
(2) A description of the operation for both
						  the existing and proposed facilities, clearly indicating the regulated
						  facilities or portions thereof, or both, identifying how the odor will be
						  addressed through the plan, including the following:
(i) Animal types and numbers included on the
						  agricultural operation.
(ii) Types
						  of structures proposed.
(3) The signatures and documentation as
						  required by §
														83.741 (relating to
						  general).
(4) The counties and
						  municipalities where land included in the plan is located.
(5) The name, odor management certification
						  program identification number and signature of the odor 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 G - FACILITY ODOR MANAGEMENT › PLAN SUMMARY INFORMATION › Section 83.762 - Operator commitment statement

Current through Register Vol. 54, No. 28, July 13, 2024
The plan must include a statement, signed by the
							 operator, committing to the following:
(1) Implementation of the Odor
						  BMPs.
(2) Maintaining the Odor BMPs
						  consistent with the operation and maintenance criteria contained in the
						  plan.
(3) Keeping documentation of
						  plan implementation activities, as described in the plan, and to allow access
						  by the Commission or delegated conservation district to the documentation
						  needed to determine compliance status.
(4) Allowing access to the agricultural
						  operation by the Commission or delegated conservation district needed for
						  status reviews and inspections for complaints.
(5) Providing operator's biosecurity
						  protocols to the Commission or a delegated conservation district, if requested.
This section cited in 25 Pa. Code §
															83.741 (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 G - FACILITY ODOR MANAGEMENT › MANAGING ODORS › Section 83.771 - Managing odors

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. OMPs must address the offsite migration of odors
						  generated from facilities, as described in subsections (b) and (c). OMPs are
						  intended to address the potential for odor impacts. The plans are not required
						  to completely eliminate the potential for odor impacts.
(b)
Evaluation
. The plans
						  must include an evaluation of the potential impacts according to the following:
(1) The evaluation must address proximity to
						  neighboring landowners, land use of the surrounding area, type of structures
						  proposed, species of animals, local topography and direction of the prevailing
						  winds, according to the following:
(i) To
						  establish the extent of the surrounding area to be included in this evaluation,
						  an evaluation distance from the proposed facility shall be established. The
						  number of AEUs on the agricultural operation shall be used as the primary
						  factor in determining this evaluation distance.
(ii) The types of neighboring land owners and
						  land uses that shall be assessed in this evaluation include homes, businesses,
						  churches and public use facilities existing at the time of the submission of
						  the plan.
(iii) The geographic
						  center of a facility may be used as the starting point for the evaluation
						  distance and for determining proximity to neighboring homes, businesses,
						  churches and public use facilities.
(iv) Prevailing winds are presumed to be
						  coming from the West and Northwest.
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 G - FACILITY ODOR MANAGEMENT › ODOR BMPs › Section 83.781 - Identification of Odor BMPs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. A plan must identify all existing and planned Odor
						  BMPs used to address the potential for odor impacts from the facilities covered
						  by the plan.
(b)
Odor
						  BMPs
. Odor BMPs are only required if they are necessary to address the
						  potential for impacts, and installation and operation of the BMPs are feasible
						  from a practical and economic perspective. The Commission may require the
						  agricultural operation to demonstrate why a particular Odor BMP is not feasible
						  from a practical and economic perspective for the given operation.
(c)
Level of Odor BMPs
.
(1) Based on the evaluation in §
														83.771(b)
						  (relating to managing odors), and the criteria in subsection (b), determine the
						  Odor BMPs which need to be included in the plan, if any. If Odor BMPs are
						  needed, the BMPs must meet one of the following levels:
(i)
Level 1 Odor BMPs
. Basic
						  management-oriented Odor BMPs that are applicable to the operation according to
						  the species of animals, such as dust management, moisture control and facility
						  sanitation, and that manage odors according to the purposes of this
						  subchapter.
(ii)
Level 2
						  Odor BMPs
. Specialized nonmanagement oriented Odor BMPs that are
						  applicable to the type of operation, such as windbreak shelterbelts, biofilters
						  and manure storage covers, that are in addition to the Level 1 Odor BMPs, and
						  that manage odors according to the purposes of 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 G - FACILITY ODOR MANAGEMENT › ODOR BMPs › Section 83.782 - Implementation schedule

Current through Register Vol. 54, No. 28, July 13, 2024
(a) OMPs
						  must contain a schedule that identifies all Odor BMPs with the corresponding
						  time frames that each Odor BMP will be implemented.
(b) Odor BMPs that involve planting of
						  vegetation such as a shelterbelt are considered fully implemented if the
						  planting satisfies the criteria in the OMP.
(c) Prior to utilizing a new or expanded
						  facility that is required to implement an OMP under this subchapter, the
						  operation must receive written approval from the Commission, or a delegated
						  conservation district, confirming implementation of the plan.
(1) The operation shall provide the
						  Commission, or a delegated conservation district, with written notification
						  provided by certified mail, of the intent to utilize the facility.
(2) If the Commission, or a delegated
						  conservation district, fails to act within 10 business days of the notification
						  to utilize the facility, it will be deemed approved.
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 G - FACILITY ODOR MANAGEMENT › ODOR BMPs › Section 83.783 - Operation and maintenance schedule

Current through Register Vol. 54, No. 28, July 13, 2024
OMPs must contain a schedule that identifies all
							 operation and maintenance procedures, the time frames that the operation and
							 maintenance procedures will be conducted and the lifespan for each Odor BMP
							 listed in the plan.
This section cited in 25 Pa. Code §
															83.741 (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 G - FACILITY ODOR MANAGEMENT › DOCUMENTATION REQUIREMENTS › Section 83.791 - General documentation requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise specified in the plan, documentation
							 required under this subchapter is 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 from the date they are
							 prepared.
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 G - FACILITY ODOR MANAGEMENT › DOCUMENTATION REQUIREMENTS › Section 83.792 - Documentation relating to plan implementation

Current through Register Vol. 54, No. 28, July 13, 2024
Written documentation to demonstrate implementation
							 of the OMP must be appropriate to the types of Odor BMPs required by the plan,
							 including documentation of installation, operation and maintenance activities
							 relating to the approved Odor BMPs consistent with the documentation
							 requirements included in the approved plan, and shall be completed and
							 maintained at the operation.
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 G - FACILITY ODOR MANAGEMENT › PLAN REVIEW AND IMPLEMENTATION › Section 83.801 - Initial plan review and approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Plans shall be submitted for initial
						  review and approval to the Commission, or alternatively to delegated
						  conservation districts, for agricultural operations located in counties
						  delegated administrative authority under §
													83.731 (relating to delegation to
						  conservation districts). A person performing the plan review shall be certified
						  in accordance with the Department of Agriculture's odor management
						  certification requirements in 7 Pa. Code Chapter 130f (relating to odor
						  management certification).
(b) The
						  Commission or a delegated conservation district will, within 10 days from the
						  date of receipt of the plan, provide notice to the operator indicating whether
						  all of the required plan elements have been received.
(c) The Commission or a delegated
						  conservation district will approve or disapprove the plan or plan amendment
						  within 90 days of receipt of a complete plan or plan amendment. The Commission
						  or a delegated conservation district may confer with experts in odor
						  management, such as those at Pennsylvania State University, Natural Resources
						  Conservation Service, and with others having knowledge of the local community
						  in which the agricultural operation is located.
(d) If the Commission or delegated
						  conservation district does not act on the plan within the 90-day period, the
						  agricultural operation that submitted the plan is authorized to implement the
						  plan and the plan will be deemed approved.
(e) The notice of determination to disapprove
						  a plan will be provided in writing to the operator submitting the plan, and
						  include an explanation specifically stating the reasons for disapproval. If a
						  plan is disapproved, the operator submitting the plan shall have 90 days after
						  receipt of the notice of disapproval to resubmit a revised plan.
(f) Approvals will be granted only for those
						  plans that satisfy the requirements of 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 G - FACILITY ODOR MANAGEMENT › PLAN REVIEW AND IMPLEMENTATION › Section 83.802 - Plan implementation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The plan shall be fully implemented in accordance with the implementation
						  schedule included as part of the approved plan.
(b) Periodic inspections and review of the
						  agricultural operation, the plan and the plan implementation documentation will
						  be conducted by the Commission or a delegated conservation district at least
						  annually to determine the status of the operation's compliance and whether a
						  plan amendment is required.
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 G - FACILITY ODOR MANAGEMENT › PLAN AMENDMENTS AND TRANSFERS › Section 83.811 - Plan amendments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A plan
						  amendment is required if the operation expects to make a significant change in
						  any animal housing and manure management facilities subject to this subchapter,
						  prior to those changes being implemented.
(b) Any of the following are presumed to be a
						  significant change in the operation which will require a plan amendment:
(1) A net increase of equal to or greater
						  than 25% in AEUs, as measured from the time of the initial plan
						  approval.
(2) If calculations in
						  the plan as originally submitted are in error, or if figures used in the plan
						  are inconsistent with this subchapter, and adequate justification has not been
						  given in writing for the inconsistency.
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 G - FACILITY ODOR MANAGEMENT › PLAN AMENDMENTS AND TRANSFERS › Section 83.812 - Plan transfers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  approved OMP may be transferred to a subsequent owner or operator of an
						  agricultural operation by notification of the transfer to the Commission or a
						  delegated conservation district, unless the transfer results in operational
						  changes requiring a plan amendment under §
													83.811 (relating to plan
						  amendments). However, any new signatures required under §
													83.741(i)
						  (relating to general) must be obtained before a plan is transferred to any new
						  operator.
(b) If the transfer of
						  the approved plan results in operational changes requiring a plan amendment
						  under §
													83.811, the plan amendment shall
						  be submitted for approval of the Commission or a delegated conservation
						  district along with, or before, the notification required under subsection
						  (a).