STORMWATER CONTROL
§ 83.321. Stormwater control.
(a) In the preparation of a nutrient management plan under this subchapter, the nutrient management specialist shall conduct a review of the adequacy of existing stormwater control practices on croplands, haylands and pastures included in the plan to prevent nutrient pollution of surface water and groundwater. The specialist may confer with NRCS, conservation district staff or others with expertise with nutrient runoff control. Based on this review, the plan must identify critical runoff problem areas.
(b) The nutrient management plan shall contain a list of specific stormwater control BMPs to address those critical runoff problem areas identified in the review required under subsection (a). This list of stormwater control BMPs may not be in conflict with other relevant plans developed for the operation, such as the agricultural erosion and sediment control plan, unless otherwise approved by the Commission or delegated conservation district.
(c) 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 and associated operation and maintenance plans to implement the BMPs listed in the approved plan, and these BMP designs and associated operation and maintenance plans shall be kept on record by the operator as a supplement to the nutrient management plan.
(d) BMPs listed in the plan to address critical runoff problem areas shall be selected, designed, installed, operated and maintained to prevent nutrient pollution of surface water and groundwater. The BMPs contained in the Pennsylvania Technical Guide may be used to meet this requirement. Other BMPs shall be approved by the Commission.
(e) For areas on land rented or leased by the operator 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.
Source The provisions of this § 83.321 amended June 2, 2006, effective October 1, 2006, 36 Pa.B. 2636. Immediately preceding text appears at serial pages (266201) to (266202) and (232365).
Cross References This section cited in 25 Pa. Code § 83.201 (relating to definitions); 25 Pa. Code § 83.204 (relating to applicability of requirements); 25 Pa. Code § 83.261 (relating to general); and 25 Pa. Code § 83.272 (relating to content of plans).
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