25 Pa. Code Ch. 83 — State Conservation Commission

GENERAL § 83.101. Purpose. (a) The EPA and the Department have determined that excess levels of pollutants, including sediment, nitrogen and phosphorus, are delivered to the Chesapeake Bay via Elk Creek, Potomac River and the Susquehanna River systems. The pollutants result from …

§ 83.102. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: ASCS—Agricultural Stabilization and Conservation Service of the United States Department of Agriculture. Act—The Soil C…

§ 83.103. Cooperation. (a) The Commission will encourage cooperation between agencies and organizations which have either direct or indirect involvement in the program to achieve the objectives to reduce nonpoint source pollution. (b) Nondistrict project sponsors will work closel…

§ 83.104. Annual notice. (a) Cost-share rates will be determined annually by the Commission for the Technical Assistance Funding Program under § 83.131(e) (relating to general requirements). (b) Public notice of the action listed in subsection (a) will be published in the Pennsyl…

PLANNING ASSISTANCE FUNDING PROGRAM § 83.111. General requirements. (a) The program is known as the Planning Assistance Funding Program (Program). (b) Funds allocated under the Program shall be utilized solely for implementing the planning assistance funding program established b…

§ 83.112. Application requirements. (a) An application for available funds shall be in writing on forms furnished by the Commission. An application shall be received by the deadline established by the Commission for filing of applications. (b) An application shall describe the pr…

§ 83.113. Procedures for allocating funds. (a) The Commission will determine the amount of funds available for funding under the Planning Assistance Funding Program. (b) The Commission will give priority to watersheds and other areas that the Commission determines are high priori…

§ 83.114. Reporting requirements. (a) Project sponsors shall report program accomplishments in a manner prescribed in the agreement. (b) Claims for reimbursement shall be submitted to the Commission in accordance with the schedule outlined in the agreement. The claims shall show …

§ 83.115. Reimbursement procedures. (a) The Commission will not process a project or program claim for reimbursement until all reports related to the project or program claim are received in the Commission’s office. (b) The Commission will not process a final claim for reimbursem…

EDUCATIONAL ASSISTANCE FUNDING PROGRAM § 83.121. General requirements. (a) This program is known as the Educational Assistance Funding Program (Program). (b) Funds allocated under this Program shall be utilized solely for implementing the educational assistance funding program es…

§ 83.122. Application requirements. (a) An application for available funds shall be in writing and made on forms furnished by the Commission. An application shall be received by the deadline established by the Commission for filing applications. (b) An application shall describe …

§ 83.123. Procedures for allocating funds. (a) The Commission will determine the amount of funds available for funding under the Educational Assistance Funding Program. (b) The Commission will give priority to an applicant who can demonstrate the institutional and financial capab…

§ 83.124. Reporting requirements. (a) A project sponsor shall report program accomplishments in a manner prescribed in the agreement. (b) Claims for reimbursement shall be submitted to the Commission in accordance with the schedule outlined in the agreement. The claims shall show…

§ 83.125. Reimbursement procedures. (a) The Commission will not process a program claim for reimbursement until all reports related to the program claim are received in the Commission’s office. (b) The Commission will not process a final claim for reimbursement under the agreemen…

TECHNICAL ASSISTANCE FUNDING PROGRAM § 83.131. General requirements. (a) This program is known as the Technical Assistance Funding Program (Program). (b) Funds allocated under this Program shall be utilized solely for implementing the Program established by the Commission. (c) Fu…

§ 83.132. Application requirements. (a) An application for available funds shall be in writing on forms furnished by the Commission. An application shall be received by the deadline established by the Commission for filing the applications. (b) An application shall describe the p…

§ 83.133. Procedures for allocating funds. (a) The Commission will determine the amount of funds available for funding under the Technical Assistance Funding Program. (b) Priority for funding may be given to project areas if no other technicians have been funded by other Commissi…

§ 83.134. Reporting requirements. (a) Project sponsors shall report program accomplishments to the Commission in a manner prescribed in the agreement. (b) Claims for reimbursement or requests for advance payments shall be submitted to the Commission in accordance with the schedul…

§ 83.135. Reimbursement procedures and advance payments. (a) The Commission will not process a program claim for reimbursement or request for advance payment until all reports related to the program are received in the Commission’s office. (b) The Commission will not process a fi…

FINANCIAL ASSISTANCE FUNDING PROGRAM § 83.141. General requirements. (a) This program is known as the Financial Assistance Funding Program (Program). (b) Eligibility for this Program is limited to the program area. Funding may be designated by the Commission to specific areas of …

§ 83.142. Application requirements. (a) The distribution of cost-share funds shall be based on the best available information and knowledge of potential agriculture-related pollution. This information may be developed by surveys, studies or sampling of field conditions by the Com…

§ 83.143. Procedures for allocating funds. (a) The Commission will determine the amount of funds available for funding under the Financial Assistance Funding Program. (b) An allocation will be made to districts based on criteria established by the Commission including the followi…

§ 83.144. Payments. (a) The Department may advance funds on a quarterly basis to a district for the purpose of providing the State’s share for installation of BMPs. (b) Advanced payments will be based on demonstrated need as documented on Commission-provided forms not to exceed t…

§ 83.145. District responsibilities. (a) The district is encouraged to enter into an agreement with the county committee of the ASCS to outline the tasks and responsibilities of a party to effectively administer State cost-share funds consistent with the Agricultural Nonpoint Sou…

§ 83.146. Agreements. (a) An agreement is required between a district and a landowner. (b) An agreement shall provide that if the landowner does not implement and maintain the nutrient management program as planned, the landowner shall refund to the district at the discretion of …

§ 83.147. Reporting procedures. (a) The district shall report program accomplishments quarterly to the Commission on prescribed forms. Copies of cost verification forms used to reimburse landowners for BMP installation shall be forwarded to the Commission showing the utilization …

§ 83.148. Additional funding for failed BMPs. (a) The Commission may disperse additional Financial Assistance Funding Program funds in excess of the $30,000 per landowner State fund limit set forth in § 83.145(f) (relating to district responsibilities). (b) The additional funds s…

§ 83.149. Special requirements. The Commission may conduct periodic inspections of BMPs to determine compliance with practice specifications and to assure that a nutrient management program has been installed. The district shall return State funds to the Commission or the Commiss…

GENERAL PROVISIONS § 83.201. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: AEU—Animal equivalent unit—One thousand pounds live weight of livestock or poultry animals, on an an…

§ 83.202. Scope. This subchapter specifies criteria and requirements for: (1) Nutrient management plans required under the act for CAOs, VAOs and operations required to develop compliance plans under section 506(j) of the act (relating to nutrient management plans). (2) The const…

§ 83.203. Purpose. The purposes of this subchapter are to: (1) Assure the proper utilization and management of nutrients on CAOs, VAOs and operations required to develop compliance plans under section 506(j) of the act (relating to nutrient management plans). (2) Assure the prope…

§ 83.205. Preemption of local ordinances. (a) The act and this subchapter are of Statewide concern and occupy the whole field of regulation regarding nutrient management to the exclusion of all local regulations. (b) After October 1, 1997, no ordinance or regulation of any politi…

§ 83.206. Limitation of liability. If an operator is fully and properly implementing a plan approved by a delegated county conservation district or the Commission and maintained under the act and this subchapter, the implementation shall be given appropriate consideration as a mi…

§ 83.207. Compliance assistance and enforcement. (a) The Department of Agriculture will assist the Commission in developing programs to assist those engaged in production agriculture to comply with the act and this subchapter. (b) The Department of Agriculture will act as an ombu…

PLAN DEVELOPMENT AND PLAN MAINTENANCEINCENTIVES PROGRAMS § 83.211. Applicant eligibility. (a) To be eligible to apply for financial assistance for nutrient management plan development or plan maintenance, a person shall meet the following criteria. (1) In addition to seeking fina…

§ 83.212. Application procedure. (a) An application for funding from the Plan Development Incentives Program or Plan Maintenance Incentives Program shall be made on forms developed by the Commission and shall be addressed to the Commission or delegated conservation district. (b) …

§ 83.213. Application prioritization criteria. (a) The distribution of funding under the Plan Development Incentives Program shall be provided to the extent funds are available based on the following prioritization: (1) Agricultural operations newly classified as CAOs due to the …

§ 83.214. Eligible costs. (a) Eligible costs considered by the Commission under the Plan Development Incentives Program are those fees incurred for the development of the initial nutrient management plan or the amendment of a nutrient management plan approved prior to October 1, …

§ 83.215. Funding limitations. (a) The Commission will limit individual awards in the amounts it deems appropriate for the particular classification of operation. (b) Funding under the Plan Development Incentives Program will be limited to a one-time reimbursement payment for ini…

§ 83.216. Implementation and reporting. (a) The Commission will develop implementation and reporting documents defining the terms and conditions under which funding under each program will be provided and other documents determined to be necessary by the Commission. (b) Only plan…

FINANCIAL ASSISTANCE § 83.221. Applicant eligibility. (a) An owner of an agricultural operation existing as of October 1, 2006, may apply for financial assistance for the implementation of plans developed under the act. The owner shall have legal and financial responsibility for …

§ 83.222. Condition for receipt of financial assistance. (a) An agricultural operation approved to receive financial assistance under the Chesapeake Bay Nonpoint Source Pollution Abatement Program after October 1, 2006, or otherwise receiving financial assistance under the act fo…

§ 83.223. Financial assistance eligibility criteria. (a) The Commission will consider the following criteria in reviewing applications for financial assistance: (1) Whether the project will improve the health, safety or environment of the people of this Commonwealth and otherwise…

§ 83.224. Project evaluation and prioritization criteria. (a) Applications for financial assistance will be evaluated in accordance with project evaluation criteria guidelines developed by the Commission. (b) Applications for financial assistance will be prioritized for considera…

§ 83.225. Application procedure. (a) An application for financial assistance shall be made on forms approved by the Commission and shall be addressed to the Commission or a delegated agent. (b) An application received by the Commission or delegated agent will be reviewed for comp…

§ 83.226. Eligible costs for the implementation of an approved plan. (a) Eligible project costs considered by the Commission shall be the costs necessary to implement the plan and may include the following: (1) Project design and engineering including plans, specifications, cost …

§ 83.227. Loans. (a) The Commission will issue loans and set applicable terms and conditions it deems appropriate. The Commission may consider factors it deems relevant, including the following: (1) Current market interest rates. (2) The financial ability of the applicant to repa…

§ 83.228. Loan guarantees. The Commission may make loan guarantees if the Commission determines that it is an appropriate method to accomplish the purposes of the act or this subchapter. Cross References This section cited in 25 Pa. Code § 83.211 (relating to applicant eligibilit…

§ 83.229. Grants. (a) A grant will be considered when funds have been made available to the Commission and the Commission determines that the financial condition of the recipient is such that the repayment of a loan is unlikely and that the recipient will be financially distresse…

§ 83.230. Grants and loans. The Commission will, when it deems it appropriate and to the extent financial circumstances permit, mix grant funds with loan funds. Cross References This section cited in 25 Pa. Code § 83.211 (relating to applicant eligibility); and 25 Pa. Code § 83.2…