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 › RECORDKEEPING AND INFORMATIONAL REQUIREMENTS › Section 83.343 - Alternative manure utilization record-keeping

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Recordkeeping for manure
						  exports
. The following recordkeeping requirements apply to manure
						  exported off of the NMP operation:
(1) A
						  manure export sheet shall be used for all manure transfers from the
						  operation.
(2) The Commission or
						  delegated conservation district will make copies of the manure export sheet
						  forms available to the operation.
(3) Computer-generated forms other than the
						  manure export sheet forms provided by the Commission may be used if they
						  contain the same information as, and are reasonably similar in format to, the
						  forms provided by the Commission.
(4) Recordkeeping related to the application
						  of exported manure must comply with the following:
(i) The exporter is responsible for the
						  completion of the manure export sheet, providing a copy to the importer and
						  retaining a copy at the exporting operation.
(ii) When the exporter, or person working
						  under the direction of the exporter, such as an employee or a commercial manure
						  hauler, applies the manure to the land, the exporter is responsible for
						  maintaining records of the actual application dates, application areas
						  (including the observation of any relevant setback restrictions), application
						  methods, and application rates for the exported manure.
(iii) When the manure is exported through a
						  broker, the exporting operation is not responsible for obtaining records of
						  actual application information for importing operations, unless the exporting
						  operator manages the application of the manure. If the broker is responsible
						  for applying the manure, the broker shall retain records of the application of
						  all manure (including date, areas, methods and rates applied) and shall provide
						  a copy of these application records to the importing operation for its records.
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 83.344 - Exported manure informational packets

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If manure is exported from an NMP
						  operation, the exporter will provide the importer and any relevant manure
						  hauler or brokers with a completed manure export sheet.
(b) If the manure is to be land applied at an
						  importing operation, the exporter is required, except as provided in subsection
						  (c), to provide the following information to the importer, as supplied by the
						  Commission or its delegated agent:
(1) The
						  relevant sections of the
Manure Management Manual
.
(2) A concise educational publication
						  describing the key concepts of nutrient management.
(3) Additional informational items as
						  supplied by the Commission for this purpose.
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 83.362 - Plan implementation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  NMP operation shall fully implement the plan consistent with the implementation
						  schedule included as part of the approved plan. Implementation schedules may
						  not extend past 3 years of the date the plan is approved or deemed approved, or
						  for which implementation is otherwise authorized under §
													83.361(d) 
						  (relating to initial plan review and approval), unless the implementation
						  schedule is extended upon approval of the Commission or delegated conservation
						  district.
(b) Nutrient application
						  rates shall be developed as described in §
													83.293 (relating to determination
						  of nutrient application rates) and shall be implemented upon approval of the
						  plan. The operator shall review the approved plan at least annually to ensure
						  that this condition is met.
(c) At
						  least every 3 years, the plan, records and the status of the operation's
						  compliance, shall be reviewed by a nutrient management specialist to determine
						  whether a plan amendment is required, according to the following:
(1) Unless otherwise required by §
														83.371 (relating to plan
						  amendments), if the approved plan continues to adequately represent the
						  agricultural operation, including the manure nutrient content and soil test
						  values in the plan, and if the book values used in the approved plan have not
						  changed to the extent that it would affect the application rates used in the
						  plan, no amendment is required. The specialist shall provide notice of this to
						  the reviewing agency.
(2) The
						  phosphorus application determination, including the procedures and criteria for
						  addressing phosphorus contained in §
														83.293(c) such as
						  the Phosphorus Index, shall be reevaluated for each crop management unit once
						  every 3 years after initial approval of the plan. A plan amendment is required
						  if there is a change in manure application as a result of this
						  reevaluation.
(3) A plan amendment
						  shall be submitted to the reviewing agency in accordance with §
														83.361(a), if the
						  agricultural operation has changed from that described in the approved plan, as
						  required by §
														83.371 (relating to plan
						  amendments).
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 AMENDMENTS AND TRANSFERS › Section 83.372 - Amendments due to unforeseen circumstances

Current through Register Vol. 54, No. 28, July 13, 2024
Changes in the implementation of plans due to
							 unforeseen circumstances shall be certified by a nutrient management specialist
							 as meeting applicable requirements of this subchapter and submitted to the
							 district within 30 days of imple mentation. The amendments called for under
							 this section will not require the review and approval of the Commission or a
							 delegated conservation district, but shall temporarily become part of the plan
							 until normal operations are resumed. Unforeseen circumstances include the
							 following:
(1) Outbreak of contagious
						  disease. Manure management shall be consistent with the procedures in §
													83.381 (relating to manure
						  management in emergency situations).
(2) Failures or malfunctions of equipment or
						  storage that require a change in manure handling procedures.
(3) Other unforeseen circumstances that cause
						  a significant change in the management of nutrients on the agricultural
						  operation, such as:
(i) Unforeseen weather
						  conditions which significantly impact plan implementation or crop failure due
						  to adverse weather conditions.
(ii)
						  Unanticipated loss of rented land that would create a reduction of greater than
						  20% in the nitrogen necessary for expected crop yields.
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 AMENDMENTS AND TRANSFERS › Section 83.373 - Plan transfers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  approved nutrient management plan may be transferred to a subsequent owner or
						  operator of an agricultural operation by notification of the transfer to the
						  Commission or delegated conservation district, unless the transfer results in
						  operational changes requiring a plan amendment under §
													83.371 (relating to plan
						  amendments).
(b) If the transfer of
						  the approved plan results in operational changes requiring a plan amendment
						  under § 83.371, 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).
This section cited in 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 › CONTAGIOUS DISEASE EMERGENCIES › Section 83.381 - Manure management in emergency situations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If there is an outbreak of a contagious
						  disease as regulated by the Department of Agriculture, manure management shall
						  be consistent with requirements in the Department of Agriculture's order of
						  quarantine issued under the Domestic Animal Act (3 P. S. §§
														311-354) and regulations
						  thereunder.
(b) The Department of
						  Agriculture will notify the Commission when a quarantine is imposed on an
						  agricultural operation covered by the act. The Department of Agriculture will
						  supply the Commission and delegated conservation district with a copy of the
						  quarantine document.
(c) Unless
						  otherwise directed by the quarantine, an amended plan shall be developed
						  addressing the management of manure under the quarantine. This plan shall be
						  certified by a nutrient management specialist prior to implementation and
						  submitted to the reviewing agency within 30 days of implementation.
(d) If nutrients are applied in excess of
						  crop need due to the quarantine restrictions placed on the manure, and the
						  cropping sequence permits, cover crops shall be planted to the site to minimize
						  the loss of these nutrients. The harvesting of these cover crops is encouraged
						  to facilitate the removal of excess nutrients.
(e) The temporary storage of manure during
						  the quarantine shall be done under §
													83.311 (relating to manure
						  management).
(f) The application of
						  manure during the quarantine shall be done under §
													83.294(f)
						  (relating to nutrient application procedures).
(g) Standard soil tests will be required each
						  year for crop management units where the implementation of the quarantine
						  required that nutrients be applied in excess of the amount the crop can use,
						  and shall continue for 3 successive years thereafter. In addition to the
						  standard test, an appropriate test indicating the amount of nitrogen available
						  for crop uptake will be required for 1 year beyond the cessation of excess
						  manure application.
This section cited in 25 Pa. Code §
															83.204 (relating to applicability
								of requirements); 25 Pa. Code §
															83.261 (relating to general); and
								25 Pa. Code §
															83.372 (relating to amendments due
								to unforeseen circumstances).
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 › CONTAGIOUS DISEASE EMERGENCIES › Section 83.391 and 83.392 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › CONTAGIOUS DISEASE EMERGENCIES › Section 83.401-83.404 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 FOR VOLUNTEERS › Section 83.451-83.453 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 FOR VOLUNTEERS › Section 83.461 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 FOR VOLUNTEERS › Section 83.471 and 83.472 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 FOR VOLUNTEERS › Section 83.481-83.483 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 FOR VOLUNTEERS › Section 83.491 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › GENERAL PROVISIONS › Section 83.501 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is the
						  intention of the Commission to provide delegated conservation districts with
						  funds to assist districts in the implementation of the Program developed under
						  the act, if the district complies with the terms and conditions of this
						  subchapter. The funds will be used for the employment of technical staff, to
						  provide administrative funding assistance to the district and to finance other
						  Commission approved activities under the Program.
(b) The Commission will annually allocate the
						  available funding for this program and will provide for the fair and equitable
						  distribution of funds.
(c) The
						  purpose of the Technical Assistance Funding Program is to provide assistance to
						  delegated districts for employment of technical staff, administrative purposes
						  and other Commission approved activities to carry out those district functions
						  necessary to implement the Program.
(d) The purpose of the PDIP is to provide
						  financial support to the operators of concentrated animal operations or other
						  agricultural operations for the development of an approved nutrient management
						  plan under the act.
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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › GENERAL PROVISIONS › Section 83.502 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The definitions in §
													83.201 (relating to definitions)
							 apply to this subchapter. In addition, the following words and terms, when used
							 in this subchapter, have the following meanings, unless the context clearly
							 indicates otherwise:
Cooperating organization
-An
							 organization approved by the Commission to assist in carrying out the
							 Conservation District Law (3 P. S. §§
														849-864).
Directors
-The district's board of
							 directors as defined in the Conservation District Law.
Nutrient management technician
-A
							 person employed by the district to perform those duties necessary to implement
							 the Program developed under the act.
PDIP-Plan Development Incentives
							 Program
-The program established in §§ 83.211-83.216
							 (relating to PDIP).
Program
-The Nutrient Management
							 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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › TECHNICAL ASSISTANCE FUNDING PROGRAM › Section 83.511 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						  program is known as the Technical Assistance Funding Program.
(b) State and Federal funds allocated to
						  districts for the Technical Assistance Funding Program shall be used solely to
						  employ nutrient management technicians and finance administrative expenses and
						  other Commission approved activities to implement the act. The funding
						  allocation will be based on the level of responsibilities assumed by the
						  district in the Program as specified in the delegation agreement with the
						  Commission.
(c) The nutrient
						  management technician is not an employe of the Commission. A person serving as
						  a nutrient management technician shall receive general supervision from a
						  district director or an employe of the district designated by the board of
						  directors.
(d) The Commission will
						  prioritize and determine the amount of funding provided to each district and
						  the nature and extent of expense to be funded.
(e) If an evaluation of the district's
						  performance reveals that the district is not performing satisfactorily at the
						  authorized level, the Commission has the authority to reduce the funding
						  allocation to that district.
(f)
						  Within 60 days of the termination of the delegation agreement with the
						  district, the Commission may require the return of equipment and nonexpendable
						  supplies purchased under the delegation agreement.
(g) Fines, fees, judgments and interest
						  collected by the district on behalf of the Commission under the Program shall
						  be paid or credited to the Fund at the end of each quarter.
(h) The Commission may audit any records or
						  accounts of the district under 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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › TECHNICAL ASSISTANCE FUNDING PROGRAM › Section 83.512 - Procedures for allocating funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Commission will determine the amount of funding available for the Technical
						  Assistance Funding Program.
(b)
						  Priority for funding shall be established by the Commission based on the
						  estimated workload for the district under the Program.
(c) The Commission may reallocate funds if a
						  delegation agreement cannot be fulfilled by the district.
(d) During fund allocation, the Commission,
						  at its own discretion, may require that the district budget requests meet
						  specific technical and administrative funding levels.
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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › TECHNICAL ASSISTANCE FUNDING PROGRAM › Section 83.513 - Application procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application for available funds, including requests for advance payments, shall
						  be in writing on forms approved by the Commission. The application shall be
						  received by the deadline established by the Commission for filing applications.
						  The application shall also include a budget outlining anticipated
						  expenses.
(b) Applications will be
						  approved based upon the priorities set by the Commission and the availability
						  of funds.
(c) Applications for
						  districts will not be approved and expenses cannot be incurred unless the
						  district has entered into a fully approved delegation agreement.
(d) Applications will be for a calendar year
						  period, unless other time periods are established 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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › TECHNICAL ASSISTANCE FUNDING PROGRAM › Section 83.514 - Reimbursement procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Claims
						  for reimbursement shall be made on forms approved by the Commission.
(b) Claims for reimbursement shall be
						  submitted to the Commission within 15 days of the end of each quarter. The days
						  are April 15, July 15, October 15 and January 15.
(c) The Commission will suspend claim
						  processing until receipt of required reports or the completion of all
						  conditions of 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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › TECHNICAL ASSISTANCE FUNDING PROGRAM › Section 83.515 - Advance payments

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Requests for advance payments shall be made on forms approved by the
						  Commission.
(b) Advance payments to
						  cover expenses for the first claim of each year may be requested from the
						  Commission. Advance payments will be based on demonstrated need in accordance
						  with the Commission-approved district budget submitted with the
						  application.
(c) Advance payments
						  and unspent funds shall be placed in an insured, interest bearing account. To
						  document the amount of interest to be paid or credited to the Fund, the
						  district may use methods that are equal to the method used by the account
						  holding the unspent program funds that follow generally accepted accounting
						  principles.
(d) Requests for
						  advance payments to cover expenses for the first claim of each year shall be
						  submitted to the Commission by January 15, or as established by the
						  Commission.
(e) Claims may be filed
						  for reimbursement for the first and second quarter. Claims shall be submitted
						  to the Commission within 15 days of the end of the quarter.
(f) Expenses for the third quarter shall be
						  submitted, but no payments will be processed until final claims are submitted
						  at the end of the fourth quarter. A final yearly payment will be made after
						  balancing money provided in the initial advanced payment with claims for the
						  third and fourth quarter. No advancement of funds will be made until final
						  approval of the previous quarterly report of expenditures is given by the
						  Commission.
(g) The Commission will
						  suspend advance payment processing until receipt of required reports or the
						  completion of all conditions of 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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › TECHNICAL ASSISTANCE FUNDING PROGRAM › Section 83.516 - Allowed expenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Eligible expenses directly related to implementation of the delegation
						  agreement and the Technical Assistance Funding Program include:
(1) Salary, benefits and associated costs
						  (for example, travel and training) of an act technician (if not reimbursed from
						  other State or Federal programs).
(2) Clerical assistance and managerial
						  oversight provided to the program (if not reimbursed from other State or
						  Federal programs).
(3) Materials,
						  supplies, equipment, postage, phone bills, office rent, legal expenses,
						  certification fees and administrative travel.
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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › TECHNICAL ASSISTANCE FUNDING PROGRAM › Section 83.517 - Reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Reports shall be filed as specified on forms or in a format approved by the
						  Commission.
(b) The dates for
						  report submission are April 15, July 15, October 15 and January 15 unless
						  otherwise specified in the agreement.
(c) Processing of expense claims or request
						  for advance payment will not begin until required reports are received by the
						  Commission.
(d) Records shall be
						  maintained for 3 years following termination of the agreement with 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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › TECHNICAL ASSISTANCE FUNDING PROGRAM › Section 83.518 - Relationship to other programs and money sources

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Individuals being funded by the Technical
						  Assistance Funding Program may participate in other programs, but the district
						  providing technical, clerical or managerial assistance for the Program may not
						  apply for or receive payment from more than one program for the same
						  work.
(b) Money received through
						  the Technical Assistance Funding Program shall be used solely for the program
						  purposes authorized 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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › TECHNICAL ASSISTANCE FUNDING PROGRAM › Section 83.519 - Special provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Funds
						  not used for the purposes authorized by the Commission will be deducted from
						  the following year's allocation to that district.
(b) The Commission may delegate authority to
						  the Commission's staff to act on its behalf.
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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › PDIP › Section 83.521 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This program is
						  known as the Plan Development Incentives Program (PDIP).
(b) State and Federal funds allocated for the
						  PDIP shall be used solely to finance a portion of the costs associated with the
						  development of plans for agricultural operations planning under the act and
						  those administrative expenses of delegated conservation districts or
						  cooperating organizations associated with the implementation of the PDIP.
(c) Eligibility for cost-share
						  funding under the PDIP is limited to operators of concentrated animal
						  operations and other agricultural operations participating under the act as
						  defined in §
													83.211 (relating to applicant
						  eligibility).
(d) PDIP participants
						  shall submit an application for PDIP funds to the Commission or a delegated
						  conservation district on forms provided by the Commission.
(e) Funding levels for PDIP shall be
						  determined by the Commission. Availability of funds to eligible participants
						  will be determined as described in §
													83.213 (relating to application
						  prioritization criteria).
(f) The
						  Commission or a delegated conservation district will evaluate applications for
						  eligibility, prioritization and allowable reimbursement based on criteria
						  established in §§
													83.211-83.216 (relating to Plan
						  Development Incentives Program) and other guidance established by the
						  Commission.
(g) An approved
						  application for funding shall remain effective for 180 days from the date of
						  approval by a delegated conservation district or the Commission.
(h) The Commission may audit PDIP records or
						  accounts of the conservation district or cooperating organization assisting in
						  the administration of the PDIP.
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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › PDIP › Section 83.522 - Procedures for allocating PDIP funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission will determine the amounts
						  of funds available for the PDIP.
(b) The Commission will determine the cost
						  share rates for reimbursement to participants for the PDIP.
(c) The Commission will determine the nature
						  and extent of administrative expenses to be funded to delegated conservation
						  districts and cooperating organizations.
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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › PDIP › Section 83.523 - Agreement procedures and requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission will execute an agreement
						  with a participating conservation district or cooperating organization
						  specifying the terms and conditions for providing PDIP funds, including advance
						  payments to cooperating organizations, if requested. Allowable reimbursable
						  items for administering PDIP will include those items determined by the
						  Commission to be necessary to carry out the agreement or PDIP.
(b) Conservation districts or cooperating
						  organizations may not incur reimbursable expenses in advance of the effective
						  date of the agreement or contract with 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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › PDIP › Section 83.524 - Reimbursement procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Claims
						  for reimbursement by delegated conservation districts or cooperating
						  organizations shall be made on forms or in a format approved by the
						  Commission.
(b) Claims for
						  reimbursement by the cooperating organization shall be submitted to the
						  Commission within 15 days of the end of each quarter. These days are April 15,
						  July 15, October 15 and January 15. A summary of PDIP activities during the
						  quarter shall be included with the claim for reimbursement for that
						  quarter.
(c) The Commission will
						  suspend claim processing to a cooperating organization until receipt of the
						  required quarterly report or the completion of all conditions of the
						  agreement.
(d) Claims for
						  reimbursement by a delegated conservation district shall be made on forms or in
						  a format approved by the Commission and submitted to the cooperating
						  organization within 15 days of the end of each quarter. These days are April
						  15, July 15, October 15 and January 15.
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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › PDIP › Section 83.525 - Advance payments to cooperating organizations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission may advance funds to cover
						  expenses for the first claim of each year as requested. Advance payments will
						  be based on a demonstrated need in accordance with the Commission-approved
						  budget submitted with the application.
(b) When the Commission has determined that
						  an emergency payment is necessary to assure cash flow to a cooperating
						  organization, the Commission will advance funds based on demonstrated need in
						  accordance with criteria established by the Commission.
(c) Advance payments and unspent funds shall
						  be placed in an insured, interest bearing account. To document the amount of
						  interest to be credited to the fund, a cooperating organization may use methods
						  that are equal to the methods used by the account holding the unspent PDIP
						  funds that follow generally accepted accounting principles.
(d) Request for advance payments to cover
						  expenses for the first claim of each year shall be submitted to the Commission
						  by January 15, or as established by the Commission. Requests for advance
						  payments shall be made on forms or in a format approved by the
						  Commission.
(e) Advance payments
						  will include cost-share funds for disbursement to PDIP participants and
						  administrative costs of the delegated conservation district or cooperating
						  organization as determined by the Commission necessary for the administration
						  of the PDIP.
(f) Claims may be
						  filed for reimbursement for the first, second and third quarter. Claims shall
						  be submitted to the Commission within 15 days of the end of the
						  quarter.
(g) If an agreement
						  between the Commission and a cooperating organization is terminated, all
						  unspent PDIP funds pertaining to the agreement shall be returned to the
						  Commission within 10 days.
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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › PDIP › Section 83.526 - Allowable administrative expenses

Current through Register Vol. 54, No. 28, July 13, 2024
Eligible expenses directly related to the
							 implementation of PDIP may include approved charges for staff support, office
							 equipment and supplies, accounting supplies, postage, telephone charges, office
							 rent, legal expenses, and bank charges and other expenses as determined
							 appropriate 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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › PDIP › Section 83.527 - Conservation district responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A delegated conservation district is
						  encouraged to promote PDIP participation through sign-up periods or other
						  processes as an integrated element of the conservation district's education and
						  outreach programs.
(b) A delegated
						  conservation district shall evaluate applications for eligibility,
						  prioritization and allowable reimbursement based on criteria established in
						  §§
													83.211-83.216 (relating to Plan
						  Development Incentives Program) and other PDIP guidance established by the
						  Commission.
(c) A delegated
						  conservation district shall transmit to the cooperating organization a request
						  for an allocation and authorization for payment of PDIP funds for the
						  applicant.
(d) PDIP activity
						  reports shall be filed quarterly to the Commission on forms or in a format
						  approved by the Commission.
(e)
						  PDIP reports shall be submitted to the Commission on April 15, July 15, October
						  15 and January 15 unless otherwise specified in the agreement.
(f) Records shall be maintained for 3 years
						  following the termination of the agreement with 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 E - NUTRIENT MANAGEMENT FUNDING PROGRAM-STATEMENT OF POLICY › PDIP › Section 83.528 - Cooperating organization responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The cooperating organization shall
						  obligate funds to the approved PDIP applications submitted by the conservation
						  district.
(b) The cooperating
						  organization shall disburse PDIP funds in the form of a one-time payment
						  according to funding levels established by the Commission to approved
						  applicants. Records of these fund disbursements shall be submitted to the
						  Commission on a quarterly basis.
(c) The cooperating organization shall
						  deposit advance funds in an insured, interest bearing account. Interest
						  generated by these advance funds shall be utilized within the PDIP.
(d) The cooperating organization shall
						  disburse administrative funds to participating delegated conservation districts
						  for their efforts under the PDIP. Administrative funding levels for
						  conservation district PDIP activities will be determined by the
						  Commission.
(e) Reports shall be
						  submitted as specified on forms or in a format approved by the Commission.
						  These reports shall detail quarterly activities and cost share and
						  administrative fund disbursements.
(f) PDIP reports shall be submitted to the
						  Commission on April 15, July 15, October 15 and January 15 unless otherwise
						  specified in the agreement.
(g)
						  Records shall be maintained for 3 years following termination of the agreement
						  with 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 83.601 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
It is the intention of the Commission to provide
							 local governments and other eligible entities with funds to:
(1) Fund safe, efficient and environmentally
						  sound maintenance of sections of dirt and gravel roads which have been
						  identified as sources of dust and sediment pollution.
(2) Establish a dedicated and earmarked
						  funding mechanism that provides streamlined apportionment to the county level
						  and enables local officials to establish fiscal and environmental
						  controls.
(3) Provide training to
						  road crews on techniques of dirt and gravel road maintenance which minimize
						  negative environmental impact.
(4)
						  Conduct demonstrations of new and innovative techniques of dirt and gravel road
						  maintenance to assist in training of road crews and educate the general public
						  on this matter.
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 83.602 - 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:
Act
-The act of April 17, 1997 (P. L.
							 6, No. 3) which amended 75 Pa.C.S. (relating to the Vehicle Code) by adding
							 75 Pa.C.S. §
														9106
							 (relating to dirt and gravel road maintenance).
Commission
-The State Conservation
							 Commission created by the Conservation District Law (3 P. S. §§
														849-864).
Cooperating organization
-An
							 organization approved by the Commission to assist in implementing the
							 act.
District
-A conservation district as
							 defined in the Conservation District Law (3 P. S. §§
														849-864).
Exceptional value
-A stream or
							 watershed which is designated as an exceptional value water under Chapter 93
							 (relating to water quality standards).
High quality
-A stream or watershed
							 which is designated as a high quality water under Chapter 93.
Performance standards
-The
							 administrative policies or technical requirements, or both, adopted by the
							 Commission for the implementation of the Program, including standards that
							 prohibit the use of materials or practices which are environmentally
							 harmful.
Program
-The Dirt and Gravel Road
							 Maintenance Program.
Project area
-A designated area
							 where critical sediment or dust, or both, pollution problems have been
							 identified.
Project participant
-A municipality
							 or State agency eligible to participate in a Program project under the act.
QAB-Quality Assurance Board
-The
							 administrative board impaneled by a district to administer the Program locally,
							 under
							 75 Pa.C.S. §
														9106(e).
QAB Advisory Committee
-The advisory
							 committee established by the Commission to assist and advise the Commission on
							 the implementation and administration of the Program by local QABs.
Task Force on Dirt and Gravel
							 Roads
-The public/private sector, multi-agency task force which
							 provides program guidance to the Commission on technical standards and other
							 aspects 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 83.603 - Cooperation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
						  will encourage cooperation between Commonwealth and Federal agencies and other
						  organizations including the Task Force on Dirt and Gravel Roads which have
						  either direct or indirect involvement in the program to achieve the objectives
						  to reduce sediment or dust, or both, pollution originating from dirt and gravel
						  roads.
(b) Agencies other than
						  conservation districts will be encouraged to work closely with the appropriate
						  conservation districts to promote local awareness of the projects and to
						  effectuate the purposes 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 83.604 - Apportionment criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Commission will apportion the amount of funds for each participating district
						  under the program, based on the act and the criteria in subsection
						  (c).
(b) The Commission may
						  reallocate funds if an agreement cannot be fulfilled by the district, local
						  government, contractor, and agency or cooperating organization.
(c) Apportionment criteria shall be based on
						  the verified need to correct pollution problems related to the road and shall
						  include consideration of the following:
(1)
						  The total number of miles of dirt and gravel roads maintained by local
						  municipalities or State agencies that are open to the public during any period
						  of the year.
(2) The total miles of
						  dirt and gravel roads within watersheds protected as of November 1996 as
						  exceptional value or high quality waters of this Commonwealth.
(3) Allowances for the local costs of
						  limestone aggregate.
(4) The
						  commitments of grant applicants to comply with the nonpollution requirements
						  established.
(5) Other factors
						  determined by the Commission to be appropriate.