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Odor management plans - 3 Pa. Cons. Stat. § 509

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     § 509.  Odor management plans.
        (a)  Requirement.--
            (1)  The following operations shall develop and implement
        an odor management plan as described in this chapter:
                (i)  Existing concentrated animal operations and
            existing concentrated animal feeding operations, when
            doing any of the following:
                    (A)  Erecting or constructing a new animal
                housing facility or a new manure management facility.
                The odor management plan required by this paragraph
                shall be developed and implemented only with respect
                to the new facility.
                    (B)  Erecting or constructing an expansion of an
                animal housing facility or a manure management
                facility. The odor management plan required by this
                paragraph shall be developed and implemented only
                with respect to the newly erected or newly
                constructed portion of the facility.
                (ii)  Existing agricultural operations which, because
            of an increase, resulting from expansion or construction,
            in the number of animals maintained at the operation,
            will become regulated as either a concentrated animal
            operation or a concentrated animal feeding operation. The
            odor management plan required by this paragraph shall be
            developed and implemented only with respect to the newly
            expanded or newly constructed portion of the operation.
                (iii)  New agricultural operations which will be
            regulated as either a concentrated animal operation or a
            concentrated animal feeding operation.
            (2)  The operations described in paragraph (1)(i) and
        (ii) shall obtain approval of their odor management plan
        prior to the earlier of erection or construction of new or
        expanded animal housing facilities or the construction of new
        or expanded manure management facilities.
        (b)  Certification of plans.--All odor management plans and
     plan amendments shall be developed by odor management
     specialists who shall certify that the plans are in accordance
     with the requirements of the odor management regulations
     promulgated under this chapter.
        (c)  Reviewing entities.--Odor management plans or plan
     amendments required by this section shall be submitted to the
     commission for review and approval or, at the commission's
     discretion, to the appropriate local conservation district for
     review and approval.
        (d)  Plan review and approval.--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
     an odor management plan or plan amendment, the reviewing agency
     shall approve or disapprove the plan or plan amendment.
     Approvals shall only be granted for those plans or plan
     amendments which satisfy the requirements of the regulations
     promulgated under this chapter. Notice of determination to
     approve or disapprove a plan or plan amendment shall be provided
     in writing to the person submitting same. Notice of a
     determination to disapprove shall include an explanation
     specifically stating the reasons for 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 existing or proposed concentrated animal
     operation or concentrated animal feeding 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.
        (e)  Implementation.--A person required to have an odor
     management plan under this section shall fully implement the
     plan prior to commencing use of the new animal housing facility
     or animal manure facility.
        (f)  Voluntary plans.--Any agricultural operation which is
     not required to comply with subsection (a) may voluntarily
     develop an odor 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.
        (g)  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 in this
     section.
        (h)  Effectiveness of the section.--The requirements of this
     section shall become mandatory 90 days following the effective
     date of the regulations promulgated under section 504(1.1)
     (relating to powers and duties of commission).

        Cross References.  Section 509 is referred to in section 504
     of this title.

Last modified: November 27, 2007