§ 1701. Short title.
§ 1702. Declaration of legislative purpose.
§ 1703. Definitions.
§ 1704. Powers and duties of commission.
§ 1705. Powers and duties of department.
§ 1706. Nutrient management plans.
§ 1707. Nutrient management certification program.
§ 1708. Nutrient Management Advisory Board.
§ 1709. Financial assistance.
§ 1710. Nutrient Management Fund.
§ 1711. Unlawful conduct.
§ 1712. Civil penalties and remedies.
§ 1713. Limitation of liability.
§ 1714. Enforcement authority; enforcement orders.
§ 1715. Appealable actions.
§ 1716. Powers reserved under existing laws.
§ 1717. Preemption of local ordinances.
§ 1718. Repeals.
This act shall be known and may be cited as the Nutrient Management Act.
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The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
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(a) Concentrated animal operations.-Concentrated animal operations are those agricultural operations where the animal density exceeds two AEU's per acre on an annualized basis. Five years after the effective date of regulations adopted pursuant to section 4(1) and from time to time thereafter, the commission, in consultation with the Department of Agriculture, the board, the department 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 act and the regulations promulgated under this act.
(d) Review procedure.-Nutrient management plans required by this section shall be submitted for review in accordance with the following schedule:
(e) Plan review and approval.-Plans or plan amendments required under this act shall be submitted to local conservation districts for review and approval or alternately to the commission for agricultural operations located in counties not delegated administrative authority under section 4. Any person performing the plan review must be certified in accordance with section 7. 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 act and the regulations promulgated under this act. 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 4(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 tow years for individual substantial capital improvements required under an approved plan for an operation required to submit a plan under subsection (d)(1) if:
(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 of Agriculture, the department 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 act 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 or 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 4(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.
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It shall be unlawful to fail to comply with or to cause or assist in the violation of any order or any of the provisions of this act or the rules and regulations adopted under this act or to fail to comply with a nutrient management plan.
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Any person aggrieved by an order or other administrative action of the commission issued pursuant to this act shall have the right, within 30 days from actual or constructive notice of the action, to appeal the action to the Environmental Hearing Board.
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All acts and parts of acts are repealed insofar as they are inconsistent with this act.
The complete Pennsylvania Statutes are not yet available on the web. However, selected portions have been made available and can be accessed by CLICKING HERE. These statutes, though available instantaneously over the web, may not be the current law. Court decisions overturning them, later statutes amending them, and a host of other factors come into play when interpreting them. They are provided here as a resource. They should provide some information about the state of the law. However, a competent lawyer, who from other sources will research the law to insure what is current, should always be employed in matters of importance.