25 Pa. Code Ch. 83 — State Conservation Commission

§ 83.231. Funding limitations. (a) Total funding limits. Total assistance provided under loans, grants and loan guarantees for the implementation of a single plan may not exceed those funding limits established by the Commission. (b) Partial funding. The Commission reserves the r…

§ 83.232. Implementation and reporting. (a) The Commission will develop financial assistance documents which will define the terms and conditions under which the financial assistance is offered and specify other documents determined to be necessary by the Commission. (b) Unless o…

§ 83.233. Delegation of financial assistance. (a) Under section 4(3) of the Conservation District Law (3 P. S. § 852(3)) and subject to this section, the Commission may by written agreement delegate to one or more agents the administration of the financial assistance provisions o…

DELEGATION TO LOCAL AGENCIES § 83.241. Delegation to local agencies. (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 enforcement aut…

COMPLIANCE PLANS § 83.251. Compliance plans. An agricultural operation found to be in violation of The Clean Streams Law (35 P. S. § § 691.1—691.1001) may be required to submit a plan that meets the requirements of the act and this subchapter within 3 months or notification there…

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 …

§ 83.262. Identification of CAOs. (a) Procedure. To determine if a particular agricultural operation is a CAO, the number of AEUs per acre on the agricultural operation shall be calculated using the following procedure: (1) The number of AEUs on the agricultural operation shall b…

CONTENT REQUIREMENTS FOR ALL PLANS § 83.271. Scope of plan. Plans developed under the act shall comply with the act and this subchapter. Cross References This section cited in 25 Pa. Code § 83.201 (relating to definitions); 25 Pa. Code § 83.261 (relating to general); and 25 Pa. C…

§ 83.272. Content of plans. (a) Plans developed for CAOs, VAOs and operations required to develop compliance plans under section 506(j) of the act (relating to nutrient management plans) must comply with § § 83.261 and 83.271—83.381. (b) A plan must follow the standardized plan f…

PLAN SUMMARY INFORMATION § 83.281. Identification of agricultural operations and acreage. (a) Agricultural operation identification sheet. The plan must include an agricultural operation identification sheet which includes the following information: (1) The operator name, address…

§ 83.282. Summary of plan. (a) The plan must contain a summary that includes: (1) A manure summary table listing: (i) The total amount of manure planned to be generated on the operation annually. (ii) The total amount of manure planned to be used on the operation annually. (iii) …

NUTRIENT APPLICATION § 83.291. Determination of available nutrients. (a) The plan must address each type of nutrient source generated or planned to be used on the agricultural operation, including: manure, biosolids, compost, commercial fertilizers and other nutrient sources. Nit…

§ 83.292. Determination of nutrients needed for crop production. (a) The plan must include the acreage and realistic expected crop yields for each crop management unit. (b) For the development of the initial plan, expected crop yields may not exceed those considered realistic for…

§ 83.293. Determination of nutrient application rates. (a) Application rate. Application rates shall be developed to protect surface water and groundwater using BMPs as described in the plan. The manure application rate shall be the lesser of the following: (1) A rate equal to or…

§ 83.294. Nutrient application procedures. (a) General. Nutrients shall be applied to fields during times and conditions that will hold the nutrients in place for crop growth, and protect surface water and groundwater using BMPs as described in the plan. (b) Timing. Intended targ…

ALTERNATIVE USES FOR EXCESS MANURE § 83.301. Excess manure utilization plans. (a) General. If manure will be exported for use off the NMP operation at known agricultural operations for agricultural land application, the following applies: (1) The plan must include signed agreemen…

GENERAL PROVISIONS § 83.31. Purpose. (a) The act provides for the General Assembly of the Commonwealth to appropriate moneys into a special fund known as the Conservation District Fund for allocation to local conservation districts. Funds allocated to conservation districts from …

MANURE MANAGEMENT § 83.311. Manure management. (a) Review existing practices. In the preparation of a plan, the nutrient management specialist shall perform a site visit to conduct a review of the adequacy of existing manure management practices to prevent surface water or ground…

SITE SPECIFIC EMERGENCY RESPONSE PLANS § 83.312. Site specific emergency response plans. (a) NMP operations shall develop and implement a written site-specific emergency response plan addressing actions to be taken in the event of a discharge, leak or spill of materials containin…

§ 83.32. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Conservation District Law (3 P. S. § § 849—864). Agricultral Area Security Law (3 P. S. § § 901—915)—This act cr…

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 incl…

§ 83.33. Eligible expenses. (a) The Commission will determine the nature, extent and eligibility of expenses to be funded. (b) When the Commission funds a staff position under this subchapter, the total cost of employment for those staff positions shall include salary and salary-…

IMPLEMENATION SCHEDULES § 83.331. Implementation schedule. A plan must contain a schedule that identifies when the necessary capital improvements and management changes will be made, consistent with the time frames in § 83.362 (relating to plan implementation). Source The provisi…

§ 83.34. Application procedures. (a) An application for funding, in a format approved by the Commission, shall be completed by the district for any staff position, project or activity authorized by the Commission and this subchapter. (b) The application for funding shall be signe…

RECORDKEEPING AND INFORMATIONALREQUIREMENTS § 83.341. General recordkeeping requirements. (a) Unless otherwise specified, records required under this subchapter are not required to be submitted to the Commission or delegated conservation district, but shall be retained by the agr…

§ 83.342. Recordkeeping relating to application of nutrients. (a) Plans must be supported by the information required in this section and § § 83.343 and 83.344 (relating to alternative manure utilization recordkeeping; and exported manure information packets). (b) The NMP operati…

§ 83.343. Alternative manure utilization record-keeping. (a) Recordkeeping for manure exports. The following recordkeeping requirements apply to manure exported off of the NMP operation: (1) A manure export sheet shall be used for all manure transfers from the operation. (2) The …

§ 83.344. Exported manure informational packets. (a) If manure is exported from an NMP operation, the exporter will provide the importer and any relevant manure hauler or brokers with a completed manure export sheet. (b) If the manure is to be land applied at an importing operati…

§ 83.35. Procedures for allocating funds. (a) The district shall submit documentation of the eligible staff position’s salary and salary-related costs for the actual and anticipated calendar periods on forms approved by the Commission. (b) The State or Federal government may prov…

MINIMUM STANDARDS FOR MANURE STORAGEFACILITIES § 83.351. 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 facilit…

§ 83.36. Procedures for advance payments. For purposes of disbursing funds to conservation districts, the Commission may process an advanced payment as follows: (1) When an application for funding of a staff position has been approved by the Commission, the Commission may advance…

PLAN REVIEW AND IMPLEMENTATION § 83.361. Initial plan review and approval. (a) Plans for NMP operations shall be submitted for initial review and approval to delegated conservation districts, or alternatively to the Commission for NMP operations located in counties not delegated …

§ 83.362. Plan implementation. (a) An NMP operation shall fully implement the plan consistent with the implementation schedule included as part of the approved plan. Implementation schedules may not extend past 3 years of the date the plan is approved or deemed approved, or for w…

§ 83.37. Reimbursement requirements and procedures. (a) The following reports and documents shall be provided to the Commission or its designee on or before the dates listed. Other reports required by the Commission and this subchapter shall be provided on or before dates establi…

PLAN AMENDMENTS AND TRANFERS § 83.371. Plan amendments. (a) A plan amendment is required if the operator expects to make significant changes in the management of nutrients from those contained in the approved plan, prior to those changes being implemented. Those significant chang…

§ 83.372. Amendments due to unforeseen circumstances. Changes in the implementation of 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 o…

§ 83.373. Plan transfers. (a) An approved nutrient management plan may be transferred to a subsequent owner or operator of an agricultural operation by notification of the transfer to the Commission or delegated conservation district, unless the transfer results in operational ch…

§ 83.38. Reporting requirements. (a) A district having staff positions or special projects approved for funding by the Commission shall file quarterly claims indicating applicable cost of employment or costs of the special project for the period. (b) Claims shall be filed no late…

CONTAGIOUS DISEASE EMERGENCIES § 83.381. 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 …

§ 83.39. Record retention requirements. (a) The district shall maintain in its file a record of the activities of all positions (district manager, technicians and engineers) and special projects funded under this subchapter. (b) A conservation district receiving funds under any p…

CONSERVATION DISTRICT MANAGEMENTCOST SHARE PROGRAM § 83.41. General requirements. (a) This program is known as the Conservation District Management Cost Share Program. (b) The conservation district manager or other management staff position shall be the employee of the district a…

§ 83.42. Application procedures. Application for funding for this program element shall be completed in a manner consistent with § 83.34 (relating to application procedures). Authority The provisions of this § 83.42 amended under the Conservation District Law (3 P. S. § § 849—864…

§ 83.43. Reporting requirements. Reporting requirements for this program element shall be completed in a manner consistent with § 83.38 (relating to reporting requirements). Authority The provisions of this § 83.43 amended under the Conservation District Law (3 P. S. § § 849—864)…

§ 83.44. Reimbursement procedures. Reimbursement procedures for this program element shall be completed in a manner consistent with § 83.37 (relating to reimbursement requirements and procedures). Authority The provisions of this § 83.44 amended under the Conservation District La…

§ 83.45. Procedures for allocating funds. The conservation district management staff position’s actual salary and salary-related costs for the new July 1 through December 31 calendar period and anticipated salary and salary-related costs for the new January 1 through June 30 cale…

§ 83.46. Record retention requirements. Record retention requirements for this program element shall be completed in a manner consistent with § 83.39 (relating to record retention requirements). Authority The provisions of this § 83.46 amended under the Conservation District Law …

GENERAL PROVISIONS § 83.501. Purpose. (a) It is the intention of the Commission to provide delegated conservation districts with funds to assist districts in the implementation of the Program developed under the act, if the district complies with the terms and conditions of this …

§ 83.502. Definitions. The definitions in § 83.201 (relating to definitions) apply to this subchapter. In addition, the following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Cooperating organization—A…

ADMINISTRATIVE ASSISTANCE FUNDING PROGRAM § 83.51. General requirements and eligibility. (a) This program is known as the Administrative Assistance Funding Program. (b) Funds made available to this program shall be utilized to help defray costs directly related to the following: …

TECHNICAL ASSISTANCE FUNDING PROGRAM § 83.511. General requirements. (a) This program is known as the Technical Assistance Funding Program. (b) State and Federal funds allocated to districts for the Technical Assistance Funding Program shall be used solely to employ nutrient mana…