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Nutrient management plans - 3 Pa. Cons. Stat. § 506

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     § 506.  Nutrient management plans.
        (a)  Concentrated animal operations.--Concentrated animal
     operations are those agricultural operations where the animal
     density exceeds two AEUs per acre on an annualized basis.
     Beginning October 1, 2002, the commission, in consultation with
     the department, the board, the Department of Environmental
     Protection and the Cooperative Extension Service, shall review
     the criteria used to identify concentrated animal operations and
     make appropriate changes to the definition of concentrated
     animal operations by regulation.
        (b)  Development of nutrient management plans.--The operator
     of any concentrated animal operation shall develop and implement
     a nutrient management plan consistent with the requirements of
     this section.
        (c)  Certification of plans.--All plans and plan amendments
     shall be developed by nutrient management specialists who shall
     certify that the plans are in accordance with the requirements
     of this chapter and the regulations promulgated under this
     chapter.
        (d)  Review procedure.--Nutrient management plans required by
     this section shall be submitted for review in accordance with
     the following schedule:
            (1)  For a concentrated animal operation in existence on
        October 1, 1997, by October 1, 1998.
            (2)  For a concentrated animal operation which comes into
        existence after October 1, 1997, by the later of:
                (i)  January 1, 1998; or
                (ii)  commencement of operations.
            (3)  For an agricultural operation which, because of
        expansion, meets the criteria for a concentrated animal
        operation, within three months after the date of expansion.
        (e)  Plan review and approval.--Plans or plan amendments
     required under this chapter shall be submitted to local
     conservation districts for review and approval or alternatively
     to the commission for agricultural operations located in
     counties not delegated administrative authority under section
     504 (relating to powers and duties of commission). Any person
     performing the plan review must be certified in accordance with
     section 508 (relating to nutrient management certification
     program and odor management certification program). Within 90
     days of receipt of a nutrient management plan or plan amendment,
     the reviewing agency shall either approve, modify or disapprove
     the plan or plan amendment. Approvals shall only be granted for
     those plans or plan amendments which satisfy the requirements of
     this chapter and the regulations promulgated under this chapter.
     Notice of determination to approve, modify or disapprove a plan
     or plan amendment shall be provided in writing to the person
     submitting same. Notice of a determination to modify or
     disapprove shall include an explanation specifically stating the
     reasons for modification or disapproval. If a plan or plan
     amendment is disapproved, the person submitting a plan or plan
     amendment for the first time shall have 90 days after receipt of
     notice of disapproval to resubmit a revised plan or plan
     amendment. An agricultural operation that submits a complete
     plan or plan amendment is authorized to implement the same if
     the reviewing agency fails to act within 90 days of submittal.
     Where the reviewing agency fails to so act and the plan or plan
     amendment is resubmitted and the reviewing agency again fails to
     act within 90 days of resubmittal, it shall be deemed approved.
        (f)  Amendments due to unforeseen circumstances.--Amendments
     to plans or to implementation of plans made after initial
     development or filing which satisfy the criteria established
     under section 504(1)(vii) shall be certified by a nutrient
     management specialist prior to implementation and submitted to
     the district within 30 days of implementation.
        (g)  Implementation.--A person required to develop a nutrient
     management plan pursuant to subsection (b) shall fully implement
     such plan within three years of the date such plan is approved
     or is deemed approved or for which implementation is otherwise
     authorized pursuant to subsection (e), unless extended for cause
     shown or by a plan amendment. The three-year implementation
     schedule shall be extended an additional two years for
     individual substantial capital improvements required under an
     approved plan for an operation required to submit a plan under
     subsection (d)(1) if:
            (1)  the owner or operator demonstrates that the cost of
        all or part of the individual improvements for which the
        extension is applicable cannot be financed through available
        funding mechanisms; and
            (2)  a sum of $2,000,000 or more has not been
        appropriated for grants and loans to the Nutrient Management
        Fund created under section 512 (relating to Nutrient
        Management Fund), above and beyond any Chesapeake Bay
        nonpoint source pollution abatement moneys that may be
        appropriated to the fund, before October 1, 1998.
        (h)  Voluntary plans.--Any agricultural operation which is
     not a concentrated animal operation may voluntarily develop a
     nutrient management plan and have it reviewed pursuant to this
     section. To the extent possible, the commission, the Cooperative
     Extension Service, the department, the Department of
     Environmental Protection and conservation districts shall assist
     and promote the development of voluntary plans.
        (i)  Financial assistance.--Any agricultural operation
     receiving financial assistance under the Chesapeake Bay Nonpoint
     Source Pollution Abatement Program or otherwise receiving
     financial assistance under this chapter for the development of a
     nutrient management plan shall agree to develop and implement a
     nutrient management plan as a condition for receiving this
     financial assistance.
        (j)  Compliance plans.--Any agricultural operation found to
     be in violation of the act of June 22, 1937 (P.L.1987, No.394),
     known as The Clean Streams Law, may be required to submit a
     nutrient management plan within three months of notification
     thereof and implement the plan in order to prevent or abate such
     pollution.
        (k)  Transferability of plans.--A plan approved under this
     section shall be transferable to a subsequent owner of an
     agricultural operation upon notification thereof to the district
     unless the transfer results in operational changes requiring
     plan modification pursuant to the criteria established under
     section 504(1)(vi).
        (l)  Construction of section.--The density criteria for
     concentrated animal operations as identified in subsection (a)
     or as it may be subsequently modified by the commission shall
     only be utilized to identify those agricultural operations for
     which the planning requirements of this section shall apply and
     shall not be construed to prohibit the development or expansion
     of agricultural operations meeting or exceeding such criteria.

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

Last modified: November 27, 2007