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 › MINIMUM STANDARDS FOR MANURE STORAGE FACILITIES › Section 83.351 - Minimum standards for the design, construction, location, operation, maintenance and removal from service of manure storage facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The minimum
						  standards contained in this section apply to new manure storage facilities and
						  the expansion of existing manure storage facilities, as part of a plan
						  developed for an NMP operation.
(1) Manure
						  storage facilities shall be designed, constructed, located, operated,
						  maintained, and, if no longer used for the storage of manure, removed from
						  service, in a manner that protects surface water and groundwater quality, and
						  prevents the offsite migration of nutrients. Implementation of BMPs contained
						  in the
Pennsylvania Technical Guide
may be used to satisfy
						  this requirement, except if these standards conflict with this subchapter.
						  Other BMPs shall be approved by the Commission.
(2) In addition to complying with paragraph
						  (1), manure storage facilities shall be designed and located in accordance with
						  the following criteria:
(i) Facilities shall
						  comply with the applicable criteria in §
															91.36 (relating to pollution
						  control and prevention at agricultural operations).
(ii) Facilities shall comply with the
						  applicable criteria in Chapter 105 (relating to dam safety and waterway
						  management).
(iii) The location and
						  construction of facilities to be placed within a floodplain shall be consistent
						  with local ordinances developed under the Pennsylvania Flood Plain Management
						  Act (32 P. S. §§
																679.101-679.601), which relates to the
						  dangers and damage of floodwaters.
(iv) The sides of facilities located in a
						  floodplain shall be protected from erosion and scouring from a 25 year flood
						  event.
(v) For operations that were
						  producing livestock or poultry on or before October 1, 1997, facilities, except
						  reception pits and transfer pipes, may not be constructed:
(A) Within 100 feet of an intermittent or
						  perennial stream, river, spring, lake, pond or reservoir.
(B) Within 100 feet of a wetland that is
						  identified on the National Wetlands Inventory maps, if the following apply:
(I) The wetland is within the 100-year
						  floodplain of an Exceptional Value stream segment.
(II) Surface flow is toward the
						  wetland.
(C) Within 100
						  feet of a private water well, or open sinkhole.
(D) Within 100 feet of an active public
						  drinking water well, unless other State or Federal laws or regulations require
						  a greater isolation distance.
(E)
						  Within 100 feet of an active public drinking water source surface intake,
						  unless other State or Federal laws or regulations require a greater isolation
						  distance.
(F) Within 100 feet of a
						  property line, unless the landowners within the 100 feet distance from the
						  facility otherwise agree and execute a waiver in a form acceptable to the
						  Commission.
(G) Within 200 feet of
						  an intermittent or perennial stream, river, spring, lake, pond or reservoir, or
						  any water well, or wetland described in clause (B), if a facility (except
						  permanent stacking and compost facilities) is located on slopes exceeding 8% or
						  a facility has a capacity of 1.5 million gallons or greater.
(H) Within 200 feet of a property line, if a
						  facility (except permanent stacking and compost facilities) is located on
						  slopes exceeding 8% and if the slope is toward the property line, or a facility
						  has a capacity of 1.5 million gallons or greater, unless the landowners within
						  the 200 foot distance from the facility otherwise agree and execute a waiver in
						  a form acceptable to the Commission.
(vi) For NMP operations that come into
						  existence after October 1, 1997, facilities, except reception pits and transfer
						  pipes, may not be constructed:
(A) Within 100
						  feet of an intermittent or perennial stream, river, spring, lake, pond or
						  reservoir.
(B) Within 100 feet of a
						  wetland that is identified on the National Wetlands Inventory maps, if the
						  following apply:
(I) The wetland is within the
						  100-year floodplain of an Exceptional Value stream segment.
(II) Surface flow is toward the
						  wetland.
(C) Within 100
						  feet of a private water well, or open sinkhole.
(D) Within 100 feet of an active public
						  drinking water well, unless other State or Federal laws or regulations require
						  a greater isolation distance.
(E)
						  Within 100 feet of an active public drinking water source surface intake,
						  unless other State or Federal laws or regulations require a greater isolation
						  distance.
(F) Within 200 feet of a
						  property line, unless the landowners within the 200 foot distance from the
						  facility otherwise agree and execute a waiver in a form acceptable to the
						  Commission.
(G) Within 200 feet of
						  an intermittent or perennial stream, river, spring, lake, pond, reservoir or
						  any water well, or wetland described in clause (B), if a facility (except
						  permanent stacking and compost facilities) is located on slopes exceeding 8% or
						  has a capacity of 1.5 million gallons or greater.
(H) Within 300 feet of a property line, if a
						  facility (except permanent stacking and compost facilities) is located on
						  slopes exceeding 8%, and if the slope is toward the property line, or a
						  facility has a capacity of 1.5 million gallons or greater, unless the
						  landowners within the 300 foot distance from the facility otherwise agree and
						  execute a waiver in a form acceptable to the Commission.
(vii) The Commission or a delegated
						  conservation district may waive the distance restrictions in subparagraph
						  (v)(A)-(C) and (G), if the following can be demonstrated to the satisfaction of
						  the Commission or a delegated conservation district:
(A) The siting restrictions contained in
						  subparagraph (v) would make the placement economically unreasonable or
						  physically impractical.
(B) A site
						  investigation has been conducted which demonstrates that the proposed system
						  will protect water quality and protect against offsite migration of
						  nutrients.
(C) The type, design and
						  contingency plan developed for the facilities meet additional criteria the
						  Commission or delegated conservation district, in consultation with the NRCS,
						  may require to protect water quality, and protect against offsite migration of
						  nutrients.
(D) In the case of a
						  private water well, the well construction meets the criteria that the
						  Commission, in consultation with the NRCS, deems necessary to protect water
						  quality. There will be no waivers granted from the setback requirements for
						  public water wells or sources.
(viii) Manure storage facilities constructed
						  after October 1, 1997, on CAOs that were in existence prior to October 1, 1997,
						  shall meet the applicable criteria established under this section.
(3) The designer of the manure
						  storage facility described in the plan shall address the following:
(i) Verification of the minimum manure
						  storage period and minimum manure storage volume documented in the current
						  plan.
(ii) Determination of the
						  type and dimensions of facilities considering the environmental and space
						  limitations of the site, as well as the operator's preference.
(iii) An onsite investigation to evaluate the
						  site suitability for a facility. The criteria contained in the
Pennsylvania Technical Guide
may be used to satisfy this
						  requirement. Other criteria shall be approved by the Commission.