Court Opinions

State Laws

US Code

US Constitution

Powers and duties of commission - 3 Pa. Cons. Stat. § 504

Legal Research Home > Pennsylvania Statutes

     § 504.  Powers and duties of commission.
        The commission shall have the following powers and duties:
            (1)  Before July 19, 1995, and periodically thereafter,
        to promulgate regulations, in consultation with the
        department, the Department of Environmental Protection and
        the board, establishing minimum criteria for nutrient
        management plans developed in accordance with section 506
        (relating to nutrient management plans) and other regulatory
        requirements to implement this chapter. In establishing such
        criteria, the commission shall consult the Manure Management
        for Environmental Protection Manual of the Department of
        Environmental Protection, the Pennsylvania Agronomy Guide
        published by The Pennsylvania State University and the
        Pennsylvania Technical Guide for Soil and Water Conservation
        published by the United States Department of Agriculture's
        Soil Conservation Service. The criteria to be established
        pursuant to this section shall include the following:
                (i)  An identification of nutrients as defined by
            this chapter. Unless otherwise appropriate pursuant to
            specific criteria which shall be established by the
            commission, there shall be a presumption that nitrogen is
            the nutrient of primary concern.
                (ii)  The establishment of procedures to determine
            proper application rates of nutrients to be applied to
            land based on conditions of soil and levels of existing
            nutrients in the soil and the type of agricultural,
            horticultural or floricultural production to be conducted
            on the land.
                (iii)  An identification of best management practices
            to be utilized for proper nutrient management.
                (iv)  The establishment of recordkeeping requirements
            related to land application and distribution of
            nutrients.
                (v)  The establishment of minimum standards of
            construction, location, storage capacity and operation of
            facilities intended to be used for storage of animal
            manure.
                (vi)  The establishment of conditions under which
            amendments to nutrient management plans are required to
            be made after initial development or filing.
                (vii)  The establishment of special criteria which
            may be utilized for manure handling in emergency
            situations where there is an outbreak of a contagious
            disease.
                (viii)  The establishment of conditions under which
            changes due to unforeseen circumstances render the plan
            amendment process set forth in section 506(e)
            impracticable. Where such conditions exist, the owner or
            operator of an agricultural operation shall follow the
            procedures set forth in section 506(f).
            (1.1)  Within two years following the effective date of
        this section and periodically thereafter, to promulgate
        regulations, in consultation with the department, the
        Department of Environmental Protection and the board,
        establishing practices, technologies, standards, strategies
        and other requirements for odor management plans developed in
        accordance with section 509 (relating to odor management
        plans). The commission shall consider the following in
        promulgating the regulations under this paragraph:
                (i)  Site-specific factors such as proximity to
            adjoining landowners, land use of the surrounding area,
            type of structures proposed, species of animals, local
            topography and direction of the prevailing winds.
                (ii)  Reasonably available technology, practices,
            standards and strategies to manage odor impacts,
            considering both the practical and economic feasibility
            of installation and operation and the potential impacts
            from the facilities. Only those technologies, practices,
            standards and strategies that are necessary to address
            the offsite impacts of odors associated with these new
            facilities will be required to be included in the odor
            management plans.
            (2)  Prior to the adoption of regulations under paragraph
        (1.1), to establish interim guidelines for the operations
        identified in section 509.
            (3)  To continually evaluate emerging practices, methods
        and technology for utilization as best management practices
        and to so identify the practices, where appropriate, pursuant
        to paragraph (1)(iii).
            (4)  Beginning October 1, 2002, to evaluate the criteria
        for concentrated animal operations in this Commonwealth and
        to make appropriate changes in those criteria by regulation.
        Any such regulatory change related to concentrated animal
        operations shall require a two-thirds majority vote of the
        commission.
            (5)  Prior to the adoption of regulations under paragraph
        (1), to recommend, in consultation with the Department of
        Environmental Protection, the department and the board,
        interim criteria for the sole purpose of facilitating the
        initial development of the nutrient management certification
        program established by this chapter.
            (6)  Before July 19, 1995, to develop and implement, in
        cooperation with the department, the board, the Cooperative
        Extension Service and conservation districts, a program to
        provide education and technical assistance to the
        agricultural community and, to the extent funds are
        available, to provide financial assistance to existing
        agricultural operations for implementation of proper methods,
        practices, facilities and techniques for the utilization and
        management of nutrients on the farm to prevent the pollution
        of groundwater and surface water.
            (7)  To consult with the board as provided in section 510
        (relating to Nutrient Management Advisory Board).
            (8)  To issue orders and take actions as are necessary to
        administer and enforce this chapter.
            (9)  To delegate administration or enforcement authority,
        or both, under this chapter to county conservation districts
        that have an adequate program and sufficient resources to
        accept and implement this delegation.

        Cross References.  Section 504 is referred to in sections
     503, 506, 509, 510 of this title.

Last modified: November 27, 2007