25 Pa. Code Ch. 83 — State Conservation Commission

§ 83.721. Applicant eligibility. An owner of an agricultural operation existing as of February 27, 2009, may apply for financial assistance for the implementation of OMPs developed under the act only when the Commission requires construction of a manure management facility as par…

§ 83.73. Procedures for allocating funds. (a) The Commission will approve the amount of funds available for special projects. (b) Projects containing objectives that are consistent with the current priorities of the Commission may receive higher priority for funding and may be co…

DELEGATION TO CONSERVATION DISTRICTS § 83.731. Delegation to conservation districts. (a) The Commission may by written agreement delegate to a conservation district one or more of its administrative or enforcement authorities under the act. (b) The delegation of administrative or…

§ 83.73a. Reporting requirements. Reporting requirements for this program element shall be completed in a manner consistent with § 83.38(b), (c)(2) and (f) (relating to reporting requirements). Authority The provisions of this § 83.73a amended under the Conservation District Law …

§ 83.74. Reimbursement procedures. (a) Reimbursement requirement and procedures for this program element shall be completed in a manner consistent with § 83.37(b) and (c) (relating to reimbursement requirements and procedures). (b) Administrative expenses of the district such as …

ODOR MANAGEMENT PLANS § 83.741. General. (a) OMPs submitted under this subchapter must meet the requirements in this section and § § 83.751, 83.761, 83.762, 83.771 and 83.781—83.783. (b) Applicability. Agricultural operations that meet the criteria of paragraphs (1) and (2) shall…

§ 83.75. Special requirements. After receiving initial approval, districts shall provide additional information required by the Commission. Authority The provisions of this § 83.75 amended under the Conservation District Law (3 P. S. § § 849—864) and section 1920-A of The Adminis…

CONTENT REQUIREMENTS FOR ALL PLANS § 83.751. Content of plans. (a) A plan must follow the standardized plan format provided by the Commission, unless otherwise approved by the Commission. (b) The operator shall be involved in the development of the plan. (c) The Odor BMPs listed …

PLAN SUMMARY INFORMATION § 83.761. Identification of agricultural operations and regulated facilities. (a) Agricultural operation identification sheet. The plan must include an agricultural operation identification sheet that contains the following information: (1) The operator n…

§ 83.762. Operator commitment statement. The plan must include a statement, signed by the operator, committing to the following: (1) Implementation of the Odor BMPs. (2) Maintaining the Odor BMPs consistent with the operation and maintenance criteria contained in the plan. (3) Ke…

MANAGING ODORS § 83.771. Managing odors. (a) General. OMPs must address the offsite migration of odors generated from facilities, as described in subsections (b) and (c). OMPs are intended to address the potential for odor impacts. The plans are not required to completely elimina…

ODOR BMPs § 83.781. Identification of Odor BMPs. (a) General. A plan must identify all existing and planned Odor BMPs used to address the potential for odor impacts from the facilities covered by the plan. (b) Odor BMPs. Odor BMPs are only required if they are necessary to addres…

§ 83.782. Implementation schedule. (a) OMPs must contain a schedule that identifies all Odor BMPs with the corresponding time frames that each Odor BMP will be implemented. (b) Odor BMPs that involve planting of vegetation such as a shelterbelt are considered fully implemented if…

§ 83.783. Operation and maintenance schedule. OMPs must contain a schedule that identifies all operation and maintenance procedures, the time frames that the operation and maintenance procedures will be conducted and the lifespan for each Odor BMP listed in the plan. Cross Refere…

DOCUMENTATION REQUIREMENTS § 83.791. General documentation requirements. Unless otherwise specified in the plan, documentation required under this subchapter is not required to be submitted to the Commission or delegated conservation district, but shall be retained by the agricul…

§ 83.792. Documentation relating to plan implementation. Written documentation to demonstrate implementation of the OMP must be appropriate to the types of Odor BMPs required by the plan, including documentation of installation, operation and maintenance activities relating to th…

PLAN REVIEW AND IMPLEMENTATION § 83.801. Initial plan review and approval. (a) Plans shall be submitted for initial review and approval to the Commission, or alternatively to delegated conservation districts, for agricultural operations located in counties delegated administrativ…

§ 83.802. Plan implementation. (a) The plan shall be fully implemented in accordance with the implementation schedule included as part of the approved plan. (b) Periodic inspections and review of the agricultural operation, the plan and the plan implementation documentation will …

FORFEITURE AND SPECIAL PROVISIONS § 83.81. Forfeiture. (a) The Commission will reallocate funds previously approved by the Commission for a district, if that district fails to comply with this subchapter and other practices and procedures established by the Commission. (b) A reci…

PLAN AMENDMENTS AND TRANSFERS § 83.811. Plan amendments. (a) A plan amendment is required if the operation expects to make a significant change in any animal housing and manure management facilities subject to this subchapter, prior to those changes being implemented. (b) Any of …

§ 83.812. Plan transfers. (a) An approved OMP 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 a p…

§ 83.82. Special provisions. The Commission may delegate authority to the PDA, the Department or other Commonwealth agency staff to act on its behalf. Authority The provisions of this § 83.82 amended under the Conservation District Law (3 P. S. § § 849—864); and section 1920-A of…