NUTRIENT MANAGEMENT PLANS
§ 83.261. General.
NMP operations shall meet the plan requirements of § § 83.251, 83.262, 83.271, 83.272, 83.281, 83.282, 83.291—83.294, 83.301, 83.311, 83.312, 83.321, 83.331, 83.341—83.344, 83.351, 83.361, 83.362, 83.371—83.373 and 83.381 according to the following:
(1) Operations defined as a CAO prior to October 1, 2006.
(i) For operations defined as CAOs operating as of October 1, 1997, a plan shall have been submitted prior to October 1, 1998.
(ii) For operations which were newly defined as a CAO due to expansion of operations prior to October 1, 2006, a plan shall have been submitted within 3 months of the change in operations which classified them as a CAO.
(iii) For new operations defined as CAOs and commencing before October 1, 2006, a plan shall have been submitted prior to commencement of operations.
(2) Operations defined as a CAO after October 1, 2006, that were not defined as CAOs prior to that date. An existing agricultural operation as of October 1, 2006, which did not meet the CAO definition prior to October 1, 2006, but which is defined as a CAO under this subchapter as amended, shall submit a plan by October 1, 2008.
(3) Operations that become defined as CAOs after October 1, 2006, due to expansion of an existing operation or loss of rented or leased land. Existing operations that make changes to their operations that result in becoming defined as CAOs for the first time after October 1, 2006, shall meet the following:
(i) An agricultural operation which becomes a CAO after October 1, 2006, due to loss of land suitable for manure application, shall submit a plan within 6 months after the date which the operation becomes a CAO.
(ii) An agricultural operation which will become a CAO due to expansion of operations by the addition of animals shall obtain approval of the plan prior to the expansion.
(4) New operations. A new operation which will commence after October 1, 2006, and which will be a CAO, shall obtain approval of a plan meeting the requirements of this subchapter prior to the commencement of the operation.
(5) Non-CAO operations. An agricultural operation other than a CAO may voluntarily submit a plan at any time after October 1, 1997.
(6) Revision of plans approved prior to October 1, 2006. Operations having an approved plan prior to October 1, 2006, shall comply with the following:
(i) CAOs and operations required to develop compliance plans under section 506(j) of the act (relating to nutrient management plans), shall submit an amended plan to address all of the requirements of this subchapter, including management of phosphorus and exported manure, under the 3-year review requirement of § 83.362 (relating to plan implementation), or by October 1, 2007, whichever is later.
(ii) VAOs shall submit an amended plan on the same schedule as CAOs in subparagraph (i) if they desire to maintain their status as a VAO.
(iii) VAOs that received funding under this subchapter shall implement the plan approved prior to October 1, 2006, and maintain the BMPs installed using that funding for 10 years following implementation of the BMP.
(7) The plan shall be submitted to the Commission or delegated conservation district by the operator who shall sign the plan.
(8) Qualifications. Plans shall be developed by nutrient management specialists 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). The specialists shall certify, by signature, that the plans are in accordance with the act and this subchapter.
(9) Signature requirements. Plans shall be signed by the operator of the agricultural operation indicating concurrence with the information in the plan and acceptance of responsibilities under the plan. The following signature requirements apply:
(i) For sole proprietorships, the proprietor.
(ii) For partnerships, a general partner.
(iii) For corporations, a vice president, president or authorized representative. The plan must contain an attachment executed by the secretary of the corporation which states that the person signing on behalf of the corporation is authorized to do so.
(10) Operations that include rented or leased lands. For operations that include rented or leased lands, the operator shall sign a statement in the plan indicating the following:
(i) The owners of these lands have been provided notice that a nutrient management plan has been developed which included the owner’s lands.
(ii) None of the owners indicated any objection to the application of nutrients to their own lands.
(11) Penalties. Operators and specialists who sign plans may be subject to penalties for any false information contained in the plans.
Source The provisions of this § 83.261 amended June 2, 2006, effective October 1, 2006, 36 Pa.B. 2636. Immediately preceding text appears at serial pages (232351) to (232352).
Cross References This section cited in 25 Pa. Code § 83.261 (relating to general); 25 Pa. Code § 83.272 (relating to content of plans); 25 Pa. Code § 83.281 (relating to identification of agricultural operations and acreage); and 25 Pa. Code § 83.311 (relating to manure management).
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