A2B4jncwtor Farming, Saturday, May 8,1993
Nutrient Management
(Continued from Pago A 1)
On Wednesday, Gov. Casey said, “We’re very pleased
with this bill. We’ve been working on it for three years.
We feel it’s the cornerstone of our commitment to clean
ing up the tributaries that feed the Chesapeake Bay.”
A spokesman for Casey, Tom Kelchner, deputy press
secretary, said Thursday evening that the governor intends
to sign the proposed law, but it must first be signed-off by
the speaker of the House, and the Senate president pro
tempore before going to the governor.
While a date hasn’t been set, it is reasonable to expect
the governor to sign it shortly after receiving it, since he
has requested the law.
Though the proposed law is the result of many years of
effort by various legislators and committee staff members,
the prime sponsor of House Bill 100 is Jeffrey Coy, D-
Shippensburg.
Coy, who is also a member of the Chesapeake Bay
Commission, said Wednesday, “This is has been a five or
six-year process for me since the first bill was introduced
in the Pennsylvania House of Representatives, and I feel
very good about it (now passing). It should have been
passed before, but it took a lot of negotiations, and the end
result of all that negotiation is good legislation.”
Though he said he was pleased with passing of the bill.
Coy said it should have been done last year. “I hesitate to
be critical of the past, (but) this could have been passed,
certainly very easily last year,” he said.
Last year as the previous legislature was readying to
end. Coy and several others in the House had taken a draft
bill crafted by a team of negotiators and had it introduced
as an amendment to an environmental education bill, get
ting it easily pased in the House. That bill was very close to
the wording included in HB 100.
That was done at the same time that Senate Democrats
took control of the Senate, setting up a fast-track for legis
lation, since the governor, the House and the Senate were
all controlled by the Democratic Party.
Rep. Sheila Miller, a R-Hosl, had been executive direc
tor of the Senate Agriculture and Rural Affairs Commit
tee, prior to last fall’s election.
According to her, much of HB 100’s wording is a result
of work that she and others! including those in the House,
had been circulating in hopes of arriving at a workable
compromise over nutrient management. She said that
draft was taken by Coy and other House Democrats last
year and was offered as a final nutrient management
proposal.
The proposal was quickly pushed through the House,
with only those very close to the negotiations having any
knowledge of what was actually contained in the proposal.
It then failed in the Senate, because the Senate
adjourned before the bill got to the floor. But it had been
expected to pass and was supported by all major agricul
tural groups.
Since being reintroduced by Coy this session, the prop
osal passed the House by an overwhelming majority, and
then went to the Senate where no amendments were
offered.
Coy said he isn’t trying to take credit for the creating the
bill.
‘There was significant negotiation. I don’t want to say I
did it all. There has been substantial negotiation on this
matter and many different points, and I don’t think any one
segment can take credit,” Coy said. “The fact that time
was involved and negotiations occured was probably
good, but it could have been done last session.”
Stale Secretary of Agriculture Boyd E. Wolff said
Thursday, “Pennsylvania’s Nutrient Management Act
resulted from a great deal of give and lake between var
ying interests and organizations.
“The compromise that resulted has a number of benefits
for the farmers who will be affected. Number one, the act
provides for uniform requirements for all farmers in the
commonwealth so that a local entity can’t pass stricter
measures,” Wolff said.
“This version also has a reasonable time frame and
gives farmers more input. The advisory board called for in
the act is something we worked very hard to obtain. In
addition, Pennsylvania’s nutrient management act forces
the commonwealth to also look at non-agricultural non
point sources such as urban runoff and septic systems.”
The Pennsylvania Farmers’ Association, in a statement
made shortly after the bill’s passage in the Senate,"... wel
comed the passage... of nutrient management legislation
by the Pennsylvania Senate.”
“While we’re not looking foward to more regulations,
we believe this legislation is the right way to help clean up
ground and surface water,” said Keith Eckel, PFA
president.
“PFA believes that a more comprehensive assessment
is necessary to understand the extent of contributions by
all entities which are polluting.
“Controlling pollutants such as on-lot septic systems,
septic cleaners, municipal waste-water plants, residential
fertilizer application, inadequately constructed wells,
storm drainage systems, storm water run off and other
non-point sources, needs to be examined with a critical
eye and properly addressed,” he said.
Sen. Noah Wenger, R-Ephrata, who was instrumental
in some landmark agricultural legislation such as farm
land preservation, said the bill represents, “the best possi
ble solution to the issue that we can reach at this time.” He
estimated it would affect 15 to 20 percent of the state’s
farmers.
‘This recognizes that there are many sources of water
pollution, and everyone has a responsibility for maintain
ing water quality,” Wenger said.
Lamonte Garber, agricultural policy specialist for the
Chesapeake Bay Foundation, said Wednesday, “This is
the most important step Pennsylvania has taken to prevent
non-point pollution to state waterways and the Chesa
peake Bay.”
William Baker, CBF president praised Coy and said,
“The Nutrient Management Act gives Pennsylvania a
necessary tool in the effort to meet the Chesapeake Bay
Agreement’s 40 percent nutrient reduction goal. We urge
the other Bay states to follow Pennsylvania’s lead.”
HOUSE BILL
NO. 100
Nutrient Management
An act providing for die management of nutrients on certain agricul
tural operations to abate nonpoint source pollution, for the certification
of nutrient management specialists and for the assessment of other non
point sources of nutrient pollution to the waters of this Commonwealth;
establishing the Nutrient Management Advisory Board and providing for
its powers and duties; establishing the Nutrient Management Fund; and
providing for enforcement and penalties.
TABLE OF CONTENTS
Section I. Short tide.
Section 2. Declaration of legislative purpose.
Section 3. Definitions.
Section 4. Powers and duties of commission.
Section 5. Powers and duties of department.
Section 6. Nutrient management plans.
Section 7. Nutrient management certification program.
Section 8. Nutrient Management Advisory Board.
Section 9. Financial assistance.
Section 10. Nutrient Management Fund.
Section 11. Unlawful conduct
Section 12. Civil penalties and remedies.
Section 13. Limitation of liability.
Section 14. Enforcement authority; enforcement orders.
Section IS. Appealable actions.
Section 16. Powers reserved under existing laws.
Section 17. Preemption of local ordinances.
Section 18. Repeals.
Section 19. Effective date.
The General Assembly of the Commonwealth of Pennsylvania hereby
enacts as follows:
Section 1.
Short title.
This act shall be known and may be cited as the Nutrient Management
Act.
Section 2.
Declaration of legislative purpose.
The purposes of this act are as follows:
(1) To establish criteria, nutrient management planning require
ments and an implementation schedule for the application of nutrient
management measures on certain agricultural operations which generate
or utilize animal manure.
(2) To provide for the development of an educational program by
the State Conservation Commission m conjunction with the Cooperative
Extension Service of The Pennsylvania State University, the Department
of Agriculture and conservation districts to provide outreach to the agri
cultural community on the proper utilization and management of nutri
ents on farms to prevent the pollution of surface water and ground water.
(3) To require the State Conservation Commission, in conjunction
with the Cooperative Extension Service of The Pennsylvania State Uni
versity, Department of Environmental Resources, Department of Agri
culture and the Nutrient Management Advisory Board to develop and
provide technical and financial assistance for nutrient management and
alternative uses of animal manure, including a manure marketing and
distribution program.
(4) To require the Department of Environmental Resources to
assess the extent of nonpoint source pollution from other nutrient sour
ces, determine the adequacy of existing authority and programs to man
age those sources and make recommendations to provide for the abate
ment of that pollution
The following words and phrases when used in this act shall have the
meanings given to them in this section unless the context clearly indi
cates otherwise:
“AEU." Animal equivalent unit.
“AEU per acre " An animal equivalent unit per acre of crop land or
acre of land suitable for application of animal manure.
“Agncultural operations.” The management and use of farming
resources for the production of crops, livestock or poultry.
“Animal equivalent unit" One thousand pounds live weight of lives
tock or poultry animals, regardless of the actual number of individual
animals compnsmg the unit.
“Best management practice" or “BMP." A practice or combination of
practices determined by the commission to be effective and practicable
(given technological, economic and institutional considerations) to man
age nutrients to protect surface and ground water taking into account
applicable nutrient requirements for crop utilization. Best management
practices include, but are not limited to:
(1) Conservation tillage.
(2) Crop rotation.
(3) Soil testing.
(4) Manure testing.
(5) Diversions.
(6) Manure storage facilities.
(7) Storm water management practices.
(8) Nutrient application.
“Board.” The Nutrient Management Advisory Board created by sec
tion 8.
“Commission." The State Conservation Commission established by
the act of May IS, 1945 (P.L. 547, No. 217), known as the Conservation
District Law.
“Concentrated animal operation." Agricultural operations meeting the
criteria established under this act.
“Conservation district” Any county conservation district established
under the act of May 15,1945 (P.L. 547,N0.217),kn0wn at the Conser
vation District Law.
“Cooperative extension." The Cooperative Extension Service of The
Pennsylvania State University.
“Department.” The Department of Environmental Resources of the
Commonwealth.
“Fund.” The Nutrient Management Fund.
“Nutrient" A substance or recognized plant nutrient, element or com
pound which it used or sold for its plant nutritive content or iu claimed
nutritive value. The term includes, but is not limited to, livestock and
poultry manures, compost as fertilizer, commercially manufactured
chemical fertilizers, sewage sludge or combinations thereof.
“Nutrient management plan.” A written site-specific plan which
incorporates best management practices to manage the use of plantnutri
ents for crop production and water quality protection consistent with the
criteria established in sections 4 and 6.
“Nutrient management specialist” A person satisfying the certifica
tion requirements of section 7.
Section 3.
Definitions.
' Section 4.
Powera and dutiaa of commission.
The commiiiion shall have the following powers and dmiei:
(1) Within two yean after Ihe effective date oflhit act, and periodi
cally thereafter, to promulgate regulations in consultation with the
Department of Agriculture, the department and the board, establishing
minimum criteria for nutrient management plans developed in accor
dance with section 6 and other regulatory requirements to implement this
act. In establishing such criteria, Ihe commission shall consult the depart
ment’s manure management for environmental protection manual, the
Pennsylvania agronomy guidejmblished bythe Pennsylvania State Uni
versity and the Pennsylvania Technical Guide for Soil and Water Con
servation, 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 act. Unless
otherwise appropriate pursuant to specific criteria which shall be estab
lished by the commission, there shall be a presumption that nitrogen is
the nutrient of primary concern.
(ii) The establishment of procedures to determine proper applica
tion 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, horti
cultural or flon cultural production to be conducted on Ihe land.
(iii) An identification of best management practices to be utilized
for proper nutrient management.
(tv) 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 develop
ment 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 6 (E) impracticable. Where such conditions exist, the owner or
operator of an agricultural operation shall follow the procedures set forth
in section 6 (F).
(2) To continually evaluate emerging practices, methods and tech
nology for utilization as best management practices and to so identify
same, where appropriate, pursuant to paragraph (1) (III).
(3) Five years after the effective date of regulations adopted pur
suant to paragraph (1), and periodically thereafter, 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.
(4) Prior to the adoption of regulations under paragraph (1), to
recommend in consultation with the Department of Agriculture, the
department and the board, interim criteria for the sole purpose of facili
tating the initial development of the nutrient management certification
program established by this act.
(5) Within two yean after the effective date of this act to develop
and implement, in cooperation with the Department of Agriculture, the
board, the Cooperative Extension and conservation districts, a program
to provide education and technical assistance to the agricultural com
munity and, to the extent funds ate available, to provide financial assis
tance to existing agricultural operations for implementation of proper
methods, practices, facilities and techniques for the utilization ana man
agement of nutrients on the farm to prevent the pollution of ground water
and surface water.
(6) To consult with the board as provided in section 8.
(7) To issue orders and take actions as are necessary to administer
and enforce this act.
(8) To delegate administration or enforcement authority, or both,
under this act to county conservation districts that have an adequate prog
ram and sufficient resources to accept and implement this delegation.
Section 5.
Powers and duties of department.
The department shall have the following powers and duties;
(1) Within one year after the effective date of this act, to make an
assessment of and report to the Environmental Quality Board and the
General Assembly on the extent to which malfunctioning on-lot sewage
systems contribute to the pollution of waters of this Commonwealth, and
to identify what regulatory or legislative initiatives, if any, the depart
ment deems necessary to abate that pollution.
(2) Within one year after the effective dale of this act, to make an
assessment of and report to the Environmental Quality Board and the
General Assembly on the extent to which improper water well construc
tion contributes to groundwater pollution due to the intrusion of nutrients
from the surface and to identify what regulatory or legislative initiatives,
if any, the department deems necessary to abate that pollution.
(3) Within two years after the effective date of this act, to make an
assessment of and report to the Environmental Quality Board and the
General Assembly on the extent to which the application of chemical fer
tilizers and otherplant nutrients for nonagricullural purposes contributes
to the pollution or the water! of this Commonwealth and to identify what
regulatory or legislative initiatives, if aqy, the department deems neces
sary to abate that pollution.
(4) Within two years after the effective date of this act, to make an
assessment of and report to the Environmental Quality Board and the
General Assembly on the extent to which nutrients from storm water
runoff contribute to the pollution of waters of this Commonwealth and to
identify what regulatory or legislative initiatives, if any, the department
deems necessary to abate that pollution.
(5) Within two yean after the effective date of this act, to make an
assessment of and report to the Environmental Quality Board and the
General Assembly on the extent to which atmospheric deposition of
nutrients contribute to the pollution of the waters of this Commonwealth
and to identify what regulatory or legislative initiatives, if any, the
department deems necessary to abate such pollution.
(6) To include in the above assessments, recommendations to the
General Assembly for budgetary and legislative initiatives where prog
ram resources or statutory authority is not adequate to address pollution
sources identified therein.
(7) To provide technical and administrative assistance to the com
mission in carrying out its responsibilities under this act.
Section 6.
Nutrient management plans.
(a) Concentrated animal operations. Concentrated animal opera
tions are those agricultural operations where the animal density exceeds
two AEUs per acre on an annualized basis. Five years after the effective
date of regulations adopted pursuant to section 4(1), and from time to
lime 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 concen
trated animal operations by regulation.
(b) Development of nutrient management plans. The operator of
any concentrated animal operation shall develop and implement a nutri
ent management plan consistent with the requirements of this action.
(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 regula
tions promulgated under this act.
(d) Review procedure. Nutrient management plans required by
this section shall be submitted for review in accordance with the follow
ing schedule;
(1) For a concentrated animal operation in existence on the effec
tive date of regulations promulgated under section 4(1), within one year
after the effective date of such regulations.
(2) For a concentrated animal operation which comes into exis
tence after the effective date of regulations promulgated under section
4(1), within three months after such date or prior to the commencement
of operations, whichever is later.
(3) For an agricultural operation which, because of expansion,
meets the criteria fog a concentrated animal operation within three
months after the date of expansion.
(Turn to Pago A3O)