[27 Pa.B. 3161]
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STORMWATER RUNOFF CONTROL FOR VOLUNTEER OR FINANCIAL ASSISTANCE PLANS § 83.431. Stormwater runoff control.
(a) Field runoff control.
(1) In the preparation of a plan, the nutrient management specialist, or specialist in conjunction with other individuals with nutrient runoff control expertise such as NRCS or conservation district personnel, shall conduct a review of the adequacy of existing runoff control practices on fields, croplands and pastures included in the plan. This review shall be included in the plan and shall identify those critical runoff problem areas where nutrients directly discharge into surface water or groundwater.
(2) The plan shall contain a list of specific runoff control BMPs to address those critical runoff problem areas identified in the review required under paragraph (1). This list of runoff control BMPs may not be in conflict with other relevant plans, such as a current conservation plan, developed for the operation, unless otherwise justified in writing by the planner to the Commission or delegated conservation district.
(3) The plan submitted for approval is not required to include BMP designs. During the implementation of the approved plan, the operator is responsible for obtaining the necessary BMP designs to implement the BMPs listed in the approved plan, and these BMP designs shall be kept on record by the operator as a supplement to the plan.
(4) BMPs listed in the plan to address critical runoff problem areas shall be designed, installed, operated and maintained in accordance with the standards contained in the Pennsylvania Technical Guide.
(5) Although an erosion and sedimentation control plan, meeting the requirements of Chapter 102 (relating to erosion control), is not required as part of a plan under the act, meeting the requirements of this section will not eliminate the operator's responsibility to comply with Chapter 102 or other relevant State laws or regulations relating to the control of erosion and sedimentation from earth moving activities such as agricultural plowing and tilling.
(6) For areas on rented land that have been identified as critical runoff problem areas which will require the installation of BMPs requiring construction activities, the operator shall do one of the following:
(i) Implement the listed BMP.
(ii) Enter into an agreement with the landowner requiring the landowner to implement the BMP.
(b) Animal concentration areas.
(1) The plan shall address stormwater runoff controls in animal concentration areas in a manner that meets the provisions of § 83.421(a)--(c) (relating to manure management).
(2) Runoff controls in animal concentration areas shall be designed, installed, operated and maintained in accordance with the standards contained in the Pennsylvania Technical Guide.
(3) The plan submitted for approval is not required to include BMP designs. During the implementation of the approved plan, the operator is responsible for obtaining the necessary BMP designs to implement the BMPs listed in the approved plan, and these BMP designs shall be kept on record by the operator as a supplement to the plan.
IMPLEMENTATION SCHEDULE FOR VOLUNTEER OR FINANCIAL ASSISTANCE PLANS § 83.441. Implementation schedule.
A plan or plan amendment shall contain a reasonable implementation schedule. The schedule shall identify when the necessary capital improvements and management changes will be made.
RECORDKEEPING AND INFORMATIONAL REQUIREMENTS FOR VOLUNTEERS § 83.451. General recordkeeping requirements.
Unless otherwise specified, records required under this subchapter are not required to be submitted to the Commission or a delegated conservation district, but shall be retained by the agricultural operation complying with the act, for at least 3 years.
§ 83.452. Recordkeeping relating to application of nutrients.
(a) An approved plan voluntarily developed for agricultural operations seeking the limited liability protection under § 83.206 (relating to limitation of liability) shall, at a minimum, be supported by the information required in this section and § 83.453 (relating to alternative manure utilization recordkeeping).
(b) The operator of an agricultural operation that develops a plan under the act shall keep the following accurate records of the land application of nutrients, crop yields and soil tests on the agricultural operation.
(1) Records of soil testing results shall be maintained consistent with § 83.401(e) (relating to determination of available nutrients).
(2) Records of manure testing results and testing of other nutrient sources shall be maintained consistent with § 83.401(b)(3).
(3) Land application of nutrients on an agricultural operation shall be documented on an annual basis by recording the following information for each source of nutrients:
(i) The locations and number of acres of nutrient application.
(ii) The months of nutrient application.
(iii) The rate of nutrient application for each field or crop group.
(4) Approximate annual crop yield levels for each crop group shall be recorded.
(5) Annual manure production calculated consistent with procedures in § 83.401(b)(2) shall be recorded.
§ 83.453. Alternative manure utilization record- keeping.
(a) Recordkeeping for manure transfers. When manure is exported from an operation voluntarily complying with the act, records shall be kept which indicate the amount of manure exported, when it was exported and to whom it was exported.
(b) Recordkeeping for alternative manure utilization by means other than manure transfer. Operators shall keep annual records of the amount of manure utilized in any manner other than through manure transfers.
MINIMUM STANDARDS FOR MANURE STORAGE FACILITIES ON VOLUNTEER OR FINANCIAL ASSISTANCE OPERATIONS § 83.461. Minimum standards for the design, construction, location, operation, maintenance and removal from service of manure storage facilities.
(a) The minimum standards contained in this section apply to new manure storage facilities constructed and existing manure storage facilities expanded as part of a plan developed and approved as a condition of receiving financial assistance under the act or the Chesapeake Bay Nonpoint Source Pollution Abatement Program, or developed for volunteers seeking the limited liability protection under § 83.206 (relating to limitation of liability).
(1) Manure storage facilities shall be designed, constructed, located, operated, maintained, and, when no longer used for the storage of manure, removed from service, to prevent the pollution of surface water and groundwater, and the offsite migration of pollution, by meeting the standards contained in the Pennsylvania Technical Guide, except when these standards conflict with this subchapter.
(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 Chapter 105 (relating to dam safety and waterway management).
(ii) 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.
(iii) The sides of facilities located in a floodplain shall be protected from erosion and scouring from a 25 year flood event.
(iv) For agricultural 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 a perennial stream, river, spring, lake, pond or reservoir.
(B) Within 100 feet of a private water well, or open sinkhole.
(C) Within 100 feet of an active public drinking water well, unless other State or Federal laws or regulations require a greater isolation distance.
(D) 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.
(E) Within 100 feet of a property line, unless the landowners within the 100 foot distance from the facility otherwise agree and execute a waiver in a form acceptable to the Commission.
(F) Within 200 feet of a perennial stream, river, spring, lake, pond, reservoir or any water well where these facilities (except permanent stacking and compost facilities) are located on slopes exceeding 8% or have a capacity of 1.5 million gallons or greater.
(G) Within 200 feet of a property line, where these facilities (except permanent stacking and compost facilities) are located on slopes exceeding 8%, where the slope is toward the property line, or have 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.
(v) For agricultural 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 a perennial stream, river, spring, lake, pond or reservoir.
(B) Within 100 feet of a private water well, or open sinkhole.
(C) Within 100 feet of an active public drinking water well, unless other State or Federal laws or regulations require a greater isolation distance.
(D) 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.
(E) 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.
(F) Within 200 feet of a perennial stream, river, spring, lake, pond, reservoir or any water well where these facilities (except permanent stacking and compost facilities) are located on slopes exceeding 8% or have a capacity of 1.5 million gallons or greater.
(G) Within 300 feet of a property line, where these facilities (except permanent stacking and compost facilities) are located on slopes exceeding 8%, where the slope is toward the property line, or have 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.
(vi) The Commission or a delegated conservation district may waive the distance restrictions in subparagraph (iv)(A), (B) and (E)--(G), if the following can be demonstrated to the satisfaction of the Commission or delegated conservation district:
(A) The siting restrictions contained in subparagraph (iv) would make the placement economically unreasonable or physically impractical.
(B) A site investigation--including consultation with affected landowners--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.
(3) The designer of the manure storage facility required by 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 in accordance with the standards in the Pennsylvania Technical Guide.
(b) The repair of an existing manure storage facility that is part of a plan developed under the act shall comply with applicable standards in the Pennsylvania Technical Guide. The location standards do not apply to these facility repairs.
(c) The site specific design for the construction, expansion or major repair of a liquid or semisolid manure storage facility covered under the act shall be done or approved by an engineer registered in this Commonwealth. The engineer shall certify that the design complies with the applicable design standards described in the Pennsylvania Technical Guide. The responsible engineer and construction contractor shall certify to the Commission or delegated conservation district that construction of the manure storage facility was completed according to the design and construction standards.
(d) A written site specific contingency plan, developed in accordance with the standards contained in the Pennsylvania Technical Guide, addressing actions to be taken in the event of a manure leak or spill from a manure storage facility covered under the act, shall be developed and kept onsite at the operation. In the case of a leak or spill of manure from a manure storage facility covered under the act, the operator is responsible for implementation of the site specific contingency plan developed for the operation. The contingency plan shall contain information necessary to meet the notification requirements for reporting leak or spill events which would result in pollution or create a danger of pollution to surface water or groundwater contained in § 101.2(a) (relating to incidents causing or threatening pollution).
(e) It is recommended that the operator provide a copy of the contingency plan to the local emergency management agency that would assist during a major leak or spill event.
PLAN REVIEW AND IMPLEMENTATION FOR VOLUNTEERS OR FINANCIAL ASSISTANCE RECIPIENTS § 83.471. Initial plan review and approval.
(a) Plans or plan amendments for agricultural operations other than CAOs may be submitted for initial review and approval to delegated conservation districts or alternatively to the Commission for agricultural 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) A plan or plan amendment voluntarily developed for an agricultural operation other than a CAO and submitted to the Commission or delegated conservation district shall be deemed approved unless disapproved by the Commission or conservation district within 90 days of receipt of a complete plan or plan amendment. The notice of determination to modify or disapprove a plan or plan amendment shall be provided in writing to the operator submitting the same and include an explanation specifically stating the reasons for modification or disapproval. The Commission or delegated conservation district shall, within 10 days from the date of receipt of the plan or plan amendment, provide notice to the operator indicating any missing or incomplete elements of the plan submission.
(c) Approvals shall be granted only for those plans or plan amendments that satisfy the requirements of the act and this subchapter.
§ 83.472. Plan implementation.
(a) Plans developed and approved for non-CAOs as a condition for receiving financial assistance under the act or the Chesapeake Bay Nonpoint Source Pollution Abatement Program, or for volunteers seeking the limited liability protection under § 83.206 (relating to limitation of liability), shall be implemented in accordance with the implementation schedule contained in the plan as agreed upon by the operator and the Commission or a delegated conservation district.
(b) Whatever adjustments are made in the implementation of the approved plan, the nutrient application rates shall be balanced as described in § 83.403 (relating to determination of nutrient application rates). The owner, operator or nutrient management specialist shall review the approved plan at least annually to ensure that this condition is met.
(c) At least every 3 years, the approved plan shall be reviewed by a nutrient management specialist. If the agricultural operation is still consistent with the approved plan, the specialist shall provide notice of this to the reviewing agency. A plan amendment shall be submitted to the reviewing agency in accordance with § 83.471(a) (relating to initial plan review and approval), if the agricultural operation has changed from that described in the approved plan (see § 83.481 (relating to plan amendments)).
(d) Limited liability protection, as described in § 83.206, is afforded to those operators properly implementing an approved plan.
PLAN AMENDMENTS AND TRANSFERS FOR VOLUNTEERS AND FINANCIAL ASSISTANCE RECIPIENTS § 83.481. Plan amendments.
(a) For plans approved for non-CAOs as a condition for receiving financial assistance under the act or the Chesapeake Bay Nonpoint Source Pollution Abatement Program, or for volunteers seeking the limited liability protection under § 83.206 (relating to limitation of liability), a plan amendment is required when the operator of an agricultural operation expects to make significant changes in the management of nutrients from those contained in the approved plan. Those significant changes in the management of nutrients which would require a plan amendment are as follows:
(1) A net increase of greater than 10% occurs in AEUs per acre.
(2) A change in crop management that results in a reduction of greater than 20% in nitrogen necessary for realistic expected crop yields or the amount the crops will utilize for an individual crop year.
(3) When calculations in the plan as originally submitted are in error, or figures used in the plan are inconsistent with those contained in the Pennsylvania Agronomy Guide and the Manure Management Manual, and adequate written justification has not been given for the inconsistency.
(4) When a different BMP than that called for in the approved plan is proposed to address a manure management or stormwater management concern.
(5) When, after the first 3 years of implementing the plan, actual yields are less than 80% of the expected crop yields used in the development of the plan.
(6) When an operation changes from a non-CAO status to a CAO, and the original plan needs to be updated to include those items required of only CAO plans.
(b) A plan amendment, as required in subsection (a), shall be developed and certified by a nutrient management specialist and shall be submitted to the reviewing agency in accordance with § 83.471(a) (relating to initial plan review and approval).
§ 83.482. Amendments due to unforeseen circumstances.
Changes in the implementation of approved 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 implementation. The amendments called for under this subsection will not require the review and approval of the Commission or delegated conservation district, but shall temporarily become part of the plan until normal operations are resumed. Unforeseen circumstances shall include the following:
(1) Outbreak of contagious disease. Manure management shall be consistent with the procedures in § 83.491 (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% of the nitrogen necessary for expected crop yields.
§ 83.483. Plan transfers.
(a) An approved plan 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 plan amendment under § 83.481 (relating to plan amendments).
(b) If the transfer of the approved plan results in operational changes requiring plan amendment under § 83.481, the plan amendments shall be submitted for approval of the Commission or a delegated conservation district along with, or before, the notification required under subsection (a).
CONTAGIOUS DISEASE EMERGENCIES ON VOLUNTEER OR FINANCIAL ASSISTANCE OPERATIONS § 83.491. Manure management in emergency situations.
(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, those volunteers receiving financial assistance under the act or the Chesapeake Bay Nonpoint Source Pollution Abatement Program, or those volunteers seeking the limited liability protection under § 83.206 (relating to limitation of liability), shall develop an amended plan 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 in accordance to § 83.421 (relating to manure management).
(f) The application of manure during the quarantine shall be done in accordance with § 83.404(5) (relating to nutrient application procedures).
(g) Standard soil tests will be required each year for crop fields when the implementation of the quarantine required that nutrients be applied in excess of the amount the crop can use. In addition to the standard test, an appropriate test indicating the amount of nitrogen available for crop uptake shall be required for 1 year beyond the cessation of excess manure application.
[Pa.B. Doc. No. 97-1068. Filed for public inspection June 27, 1997, 9:00 a.m.]
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