25 Pa. Code § 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 the following:
(1)
Operations
defined as a CAO prior to October 1, 2006.
(i) For operations defined as CAOs operating
as of October 1, 1997, a plan shall have been submitted prior to October 1,
1998.
(ii) For operations which
were newly defined as a CAO due to expansion of operations prior to October 1,
2006, a plan shall have been submitted within 3 months of the change in
operations which classified them as a CAO.
(iii) For new operations defined as CAOs and
commencing before October 1, 2006, a plan shall have been submitted prior to
commencement of operations.
(2)
Operations defined as a CAO after
October 1, 2006, that were not defined as CAOs prior to that date. An
existing agricultural operation as of October 1, 2006, which did not meet the
CAO definition prior to October 1, 2006, but which is defined as a CAO under
this subchapter as amended, shall submit a plan by October 1, 2008.
(3)
Operations that become defined as
CAOs after October 1, 2006, due to expansion of an existing operation or loss
of rented or leased land. Existing operations that make changes to
their operations that result in becoming defined as CAOs for the first time
after October 1, 2006, shall meet the following:
(i) An agricultural operation which becomes a
CAO after October 1, 2006, due to loss of land suitable for manure application,
shall submit a plan within 6 months after the date which the operation becomes
a CAO.
(ii) An agricultural
operation which will become a CAO due to expansion of operations by the
addition of animals shall obtain approval of the plan prior to the
expansion.
(4)
New
operations. A new operation which will commence after October 1, 2006,
and which will be a CAO, shall obtain approval of a plan meeting the
requirements of this subchapter prior to the commencement of the
operation.
(5)
Non-CAO
operations. An agricultural operation other than a CAO may voluntarily
submit a plan at any time after October 1, 1997.
(6)
Revision of plans approved prior
to October 1, 2006. Operations having an approved plan prior to
October 1, 2006, shall comply with the following:
(i) CAOs and operations required to develop
compliance plans under section 506(j) of the act (relating to nutrient
management plans), shall submit an amended plan to address all of the
requirements of this subchapter, including management of phosphorus and
exported manure, under the 3-year review requirement of §
83.362 (relating to plan
implementation), or by October 1, 2007, whichever is later.
(ii) VAOs shall submit an amended plan on the
same schedule as CAOs in subparagraph (i) if they desire to maintain their
status as a VAO.
(iii) VAOs that
received funding under this subchapter shall implement the plan approved prior
to October 1, 2006, and maintain the BMPs installed using that funding for 10
years following implementation of the BMP.
(7) The plan shall be submitted to the
Commission or delegated conservation district by the operator who shall sign
the plan.
(8)
Qualifications. Plans shall be developed by nutrient
management specialists certified in accordance with the Department of
Agriculture's Nutrient Management Specialist Certification requirements in 7
Pa. Code §§130b.1-130b.51 (relating to nutrient management
certification). The specialists shall certify, by signature, that the plans are
in accordance with the act and this subchapter.
(9)
Signature requirements.
Plans shall be signed by the operator of the agricultural operation indicating
concurrence with the information in the plan and acceptance of responsibilities
under the plan. The following signature requirements apply:
(i) For sole proprietorships, the
proprietor.
(ii) For partnerships,
a general partner.
(iii) For
corporations, a vice president, president or authorized representative. The
plan must contain an attachment executed by the secretary of the corporation
which states that the person signing on behalf of the corporation is authorized
to do so.
(10)
Operations that include rented or leased lands. For operations
that include rented or leased lands, the operator shall sign a statement in the
plan indicating the following:
(i) The owners
of these lands have been provided notice that a nutrient management plan has
been developed which included the owner's lands.
(ii) None of the owners indicated any
objection to the application of nutrients to their own lands.
(11)
Penalties.
Operators and specialists who sign plans may be subject to penalties for any
false information contained in the plans.
Notes
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