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 REVIEW AND IMPLEMENTATION › Section 83.361 - Initial plan review and approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Plans for NMP operations shall be
						  submitted for initial review and approval to delegated conservation districts,
						  or alternatively to the Commission for NMP operations located in counties not
						  delegated administrative authority under §
													83.241 (relating to delegation to
						  local agencies). A person performing the plan review shall be certified in
						  accordance with the Department of Agriculture's nutrient management specialist
						  certification requirements in 7 Pa. Code §§
													130b.1-130b.51 (relating to nutrient
						  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.
(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. The Commission or delegated conservation district will thereafter have
						  another 90 days to complete review of the plan, beginning on the expiration of
						  the initial 90-day review period. If the Commission or delegated conservation
						  district fails to act within the second 90-day period, it 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 for a CAO is disapproved, the operator
						  submitting the plan for the first time 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, including verification
						  by the delegated conservation district or the Department of Environmental
						  Protection that the operation has a current agricultural erosion and sediment
						  control plan. For CAOs and VAOs existing on October 1, 2006, this agricultural
						  erosion and sediment control plan verification is not required until October 1,
						  2009.
This section cited in 25 Pa. Code §
															83.204 (relating to applicability
								of requirements); 25 Pa. Code §
															83.261 (relating to general); 25
								Pa. Code §
															83.362 (relating to plan
								implementation); and 25 Pa. Code §
															83.371 (relating to plan
								amendments).