Farming, Saturday, May 8. 1993
Nutrient Management
(Contimwd from Pag* A2I)
(e) Plan review and approval. Plant or plan amendment! required
under this act thill be tubmiued to local contervalion diitricu for review
and approval, or alternatively to the committion for agricultural opera
tion! located in countiet not delegated adminitlralive authority under
tection 4. Any perton performing the plan review mutt be certified in
accordance with section 7. Within 90 days of receipt of a nutrient man
agement plan or plan amendment, the reviewing agency shall either
approve, modify or disapprove the plan or plant amendment. Approvals
snail only be granted for those plans or plan amendments whicti 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 perton submitting
tame. Notice of a determination to modify or disapprove shall include an
explanation specifically stating the reasons for modification or disap
proval. If a plan or plan amendment is disapproved, the person submit
ting a plan or plan amendment for the first lime shah have 90 dayt after
receipt of notice of disapproval to resubmit a revised plan or plan amend
ment. An agricultural operation that submits a complete plan or plan
amendment it authorized to implement the tame if the reviewing agency
fails to act within 90 dayt of submittal. Where the reviewing agency fails
lose act and the plan or plan amendment is resubmitted and the review
ing agency again fails to act within 90 days of resubmitlal, it shall be
deemed approved.
(F) Amendments due to unforeseen circumstances. Amendments
to plant 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 dayt of implementation.
(G) Implementation. A person required to develop a nutrient man
agement 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 (G), unless extended for cause shown or by a plan amend
ment 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
10, above and beyond any Chesapeake Bay Nonpoinl Source Pollution
Abatement moneys that may be appropriated to the fund, within one year
of the effective date of regulations adopted pursuant to section 4(1).
(H) Voluntary plans. Any agricultural operation which is not a
concentrated animal operation may voluntarily develop a nutrient man
agement plan and have it reviewed pursuant to thi s 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 Pollu
tion 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 condi
tion 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) of plans. A plan approved under this section
shall be transferable to a subsequent owner of an agricultural operation
upon notification thereof to the dislnct, unless the transfer results in
operational changes requiring plan modification pursuant to the criteria
established under section 4(I)(vi).
(L) Construction of Section. The density criteria for concentrated
animal operations, as identified in subsection (A) or as it may be subse
quently 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
Section 7.
Nutrient management certification program.
(a) Content of program. The Department of Agriculture shall
establish, in consultation with the commission, a Nutrient Management
Certification Program for the purpose of certifying individuals who have
demonstrated the competency necessary to develop nutrient manage
ment plans. The Department of Agriculture, or its designee, shall deve
lop such written testing procedures, educational requirements and
examinations as it deems appropriate to carry out its responsibilities
under this section The Department of Agriculture shall by regulation
establish such fees and terms and conditions of certification as it deems
appropriate and establish individual, commercial and public certification
categories, including a certification category for farmers to develop and
certify nutrient management plans for their own agricultural operations.
(b) Interim certification program. Until the Department of Agn
culture develops and implements a certification program, persons having
the following qualifications shall, upon request, receive interim certifica
uon from the Department of Agriculture.
(1) the person has at least two years experience in the develop
ment of nutrient management plans;
(2) the person is approved to develop nutrient management
plans approved under the Chesapeake Bay Nonpoinl Source Pollution
Abatement Program, the United Slates Department of Agnculture's
Water Quality Improvement Projects Program or other programs requir
ing submission and approval of a nutrient management plan including
sludge disposal under the act of July 7,1980 (P.L. 380, No. 97), known as
the Solid Waste Management Act; or
(3) the person is a farmer who has been provided training and
assistance in developing and implementing nutrient management plans.
(Q Nutrient management specialist. A person shall not certify a nutri
ent management plan or plan amendment unless that person has first
satisfied the requirements of this section
Section 8.
Nutrient Management Advisory Board.
(a) Creation. There i> hereby created the Nutrient Management
Advisory Board. The board shall consist of 15 members appointed by the
chairman of the commission and approved by a two-thirds vote of the
commission. The members so appointed shall consist of five active com
mercial faim owners or operators representing the livestock, swine, meat
poultry, egg poultry and dairy industry nominated by statewide general
farm organizations, one veterinary nutrition specialist, one representa
tive from the feed industry, one representative from the fertilizer indus
try, one representative of commercial agricultural lenders, one represen
tative of local government, one representative of academia who shall be
an agronomist or plant scientist faculty member of the school of agricul
ture of a Pennsylvania college or university, one hydrologist, two citizen
representatives who are not farmers and one environmental representa
tive, all of whom shall have sufficient knowledge, experience or famil
■anty with agronomic ornutrienl management practices and all of whom
shall be residents of this Commonwealth
(b) Compensation. Board members shall not receive a salary but
shall be reimbursed for all reasonable and necessary expenses incurred in
the performance of their duties.
(c) Meetings A majority of the board shall constitute a quorum
All actions of the board shall be by a majority vote The board shall meet
upon the call of the commission, but not less than semiannually, to carry
out Us duties under this act The board shall annually select a chairman
and such other offi.ers as it deems appropriate
(d) Duties. The board shall review and comment on all commis
sion regulations and the interim criteria established under section 4(3)
developed to implement the provisions of this act. The commission shall
have no power to promulgate regulations under this act until receipt of
written comments on the proposed regulations from the board or until 60
days have expired from the dale whan the regulations were submitted by
the commission to (he board for its comments. Existing regulations shall
continue until modified, superseded or repealed by the commission
under this section.
(e) Term. The term of office for each board member shall be three
years except that the commission shall stagger the initial terms of the
chatter members such that five shall serve for one year, five shall serve
for two years and five shall serve for three years. Bosrd members may be
appointed to successive terms at the discretion ofthe commission, pro
vided that no member may serve more than two three-year terms.
Section 9.
Financial assistance.
(a) Loans, grants, etc. The commission shall, to the extent funds
are available, provide financial assistance in the form of loans, loan guar
antees and grants for the implementation of nutrient management plans
for existing agricultural operations.*
(b) Criteria for eligibility. In reviewing applications for financial
assistance, the commission shall consider the following;
(1) Whether the project will improve the health, safety or envi
ronment of the people of this Commonwealth and otherwise satisfy the
purposes of this act.
(2) The cost effectiveness of the proposed practices in compari
son with other alternatives.
(3) The applicant's ability to operate or maintain the practices in
a proper manner.
(C) Issuance and terms. Subject to this section, the commission
shall issue loans and set terms applicable thereto in any manner it deems
appropriate. The commission may consider such factors as it deems
relevant, including current market interest rates, the financial ability of
the applicant to repay, and the necessity to maintain the funds created
hereunder in a financially sound manner. Loans may be based on the abil
ity to repay from future revenue to be derived from the applicant's agri
cultural operation, by a mortgage or other security interest, or by any
other fiscal manner which the commission deems appropriate. The board
shall have the power to defer principal on loans for up to 12 months. The
minimum rate of interest to be paid on any loan made pursuant to this sec
tion shall be 1%.
(d) Grains. Grants shall be made available as follows;
(1) where funds therefore have been made available to the com
mission, subject to any conditions that may have accompanied the
receipt of such funds;
(2) where the commission in ns sole discretion, determines that
Ihe financial condition of the recipient is such that repayment of a loan is
unlikely and that the recipient will be financially distressed by the
implementation of practices without a grant.
(E) Grants and loans. The commission shall, where it deems it
appropriate and to the extent financial circumstances permit, mix grant
funds with loan funds.
Section 10.
Nutrient Management Fund.
(a) Establishment of fund. There is hereby created a special non
lapsing fund in the State Treasury to be known as the Nutrient Manage
ment Fund. All fees, fines, judgments and interest collected by the
commission under this act shall be paid into the fund. All money placed
in Ihe fund and the interest it accrues are hereby appropriated to the com
mission on a continuing basis for any activities necessary to meet the
requirements of this act.
(b) Supplements to fund. The Nutrient Management Fund may be
supplemented by moneys received from the following sources'
(1) Stale funds appropriated to the commission.
(2) Federal funds appropriated to the commission.
(3) Proceeds from the sale of any bonds made available to the
commission.
(4) Repayment of loan principal.
(5) Payment on interest loans made by the commission.
(6) Gifts and other contributions from public and private
sources
(c) Fund administration. The commission shall have authority to
adopt procedures for the use of moneys in the fund including the creation
of accounts within the fund for the purposes of administering the loan
and grant programs authorized by this act
(d) Status of fund. The Nutrient Management Fund shall not be
subject to 42 Pa.C.S. Ch. 37 Subch. C (relating to judicial computer
system).
(e) Deposit and use of funds. No administrative action shall pre
vent ihe deposit of moneys into the fund in the fiscal year in which they
are received. The funds shall only be used for the purposes authorized by
this act and shall not be transferred or diverted to any other purpose by
administrative action.
Section 11.
Unlawful conduct.
It thill 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,
Section 12.
Civil penalties and remedies.
(a) Civil penalty. In addition to proceeding under any other
remedy available at law or in equity for a violation of a provision of thia
act or a rule of regulation adopted, order issued or nutrient management
plan approved under this act, the commission may assess a civil penalty
of not more lhan $5OO for the first day of each offense and $lOO for each
additional day of continuing violation. The factors for consideration in
determining the amount of the penalty arc
(1) The gravity of the violation.
(2) The potential harm to the public.
(3) The potential effect on the environment
(4) The willfulness of the violation.
(5) Previous violations.
(6) The economic benefit to the violator for failing to comply
with this act.
Whenever the commission finds that a violation did not cause harm to
human health or an adverse effect on the environment, the commission
may issue a warning in lieu of assessing a penalty where the owner or
operator, upon notice, takes immediate action to resolve the violation and
come into compliance. If the commission finds the nutrient pollution or
the danger of nutrient pollution results from conditions, activities or
practices which are being or have been implemented in accordance with
a nutrient management plan developed and approved pursuant to and
consistent with this act and the regulations developed under this act and
which is being or has been fully implemented and maintained, the owner
or operator of the agricultural operation shall be exempt from the imposi
tion of penalties under this act
Ten Bulls Enter Program
Also bred and entered for testing
was 29 H 7343 Imperial-C Cubby
Choice-ET, also a Cubby son, but
out of Imperial-C Cleit Carmen-
ET, a Cleitus daughter with a 3.4
percent protein. She is a backed by
Osdel-Endeavor Mark Caria-ET, a
Chief Mark full sister to the bulls
Endeavor and half sister to Cubby.
ABS also acquired 29 H72SI
Brook-Twain M A Prancer-ET
from Springville Holstein breeder
Walter Earl Brooks. He is a Mada
waska Aerostar son out of Pen-Col
Rotate Praise, a 90-point Excellent
mammary cow backed by Bova
and Pete.
(Continued from Pago All)
Brooks also bred 29 H 7266
Brooks-Twain M A Porter-ET, a
full brother to Prancer.
Kirby and Sheryl Horst, of
Newmanstown, bred 29 H 7375
Lynncrest Stan Equator, a son of
Stan-Bitzie Kirk Bell Boss, from
dam Weaverline Black Ebony-ET,
a Blackstar daughter. Equator’s
maternal grandam is an 88-point
Chief Made daughter with an
Excellent mammary and his great
grandam is an Excellent Valiant
with three records of more than
30,000 pounds of milk.
Another bull entered into testing
is Rynd-Home Silver Clinton-ET,
(b) Collection. In mm of inability to cotlecl the dvil penalty or
failure of any perton to pay all or a portion ofUwpwwby, the commission
may refer the matter to the Office of General Connect or the Office of
Attorney General which ihall institute an action in the appropriate court
to recover the penalty. Any penalty assessed shall act as a lien on the
propeny of the person against whom the penalty has been assessed.
(c) Civil remedies. In addition to any other remedies provided for
in this act, any violation of this ad, the tides and regulations promulgated
under this act OR any order or nutrient management plan approved under
this act shall be abatable in the manner provided by law or equity for the
abatement of public nuisances. In addition, in order (o restrain or prevent
any violuion of this act or the lutes and regulations promulgated under
this ad or any order or nutrient management plan approved under thia
ad, suits may be instituted in equity or at law in the name of the Com
monwealth upon relation of the Attorney General, the General Counsel,
the district attorney of any county, the solicitor of any municipality
affected or the solicitor of any conservation district, provided that the
General Counsel, District Attorney or solicitor shall first serve notice
upon the Attorney General of the intention to so proceed. These proceed
ings may be prosecuted in the Commonwealth Court or in the court of
common pleas of the county where the activity has taken place, the con
dition exists or the public is affected, and, to that end, jurisdiction is
hereby conferred in law and equity upon these courts. Except in cases of
emergency where, in the opinion of the court, the exigencies of the case
require immediate abatement of the nuisance, the court may, in its
decree, fix a reasonable lime during which the person responsible for the
nuisance may make provision for the abatement of tame.
(d) Equitable relief. In cates where the circumstances require it or
the public health it endangered, a mandatory preliminary injunction, spe
cial injunction or temporary restraining order may be issued upon the
terms prescribed by the court, notice of the application therefore having
been given to the defendant in accordance with the rales of equity prac
tice. In any such proceeding, the Attorney General, the General Counsel,
the district attorney or the solicitor of any municipality or conservation
district shall not be required to give bond. In any such proceeding, the
court shall issue a prohibitory or mandatory preliminary injunction if it
finds that the defendant is engaging in unlawful conduct as defined by
this act or is engaged in conduct which is causing immediate and irrepar
able harm to the public. In addition to an injunction, the court in such
equity proceeding may assess civil penalties in accordance with this
section.
Section 13.
Limitation of liability.
If a person is fully and properly implementing a nutrient management
plan, approved by the local conservation district or the commission and
maintained under this act for an agricultural operation, the implementa
tion shall be given appropriate consideration as a mitigating factor in any
civil action for penalties or damages alleged to have been caused by the
management or utilization of nutrients pursuant to the implementation
Section 14.
Enforcement authority; enforcement orders.
(A) Right of access. A duly authorized agent of the commission or
a conservation district shall have authority to enter any agricultural oper
ation at reasonable times to conduct such investigations and to take such
actions as are necessary to enforce the provisions of this act or any order,
rale or regulation issued hereunder.
(B) Duly to grant access. Any person owning or operating an agri
cultural operation shall grant access to any duly authorized agent of the
commission or a conservation district pursuant to subsection (A) shall
not hinder, obstruct, prevent or interfere with such agents m the perfor
mance of their duties, provided, however, that agents shall perform such
reasonable measures and actions as directed by the owner or operator of
an agricultural operation as will reasonably and substantially prevent the
spread or outbreak of contagious diseases.
(Q Orders. The commission or any conservation district delegated
enforcement authority may issue such orders as are necessary to aid in
the enforcement of the provisions of this act. Any order issued under this
section shall take effect upon notice unless the order specifies otherwise.
An appeal of the order to the Environmental Hearing Board shall not act
as a supersedeas provided that upon application for and cause shown, the
Hearing Board may issue such a supersedeas under the rules established
by the Hearing Board.
Section IS.
Appealable actions.
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.
Section 16.
Powers reserved under existing laws
Nothing in this act shall limit in any way whatever the powers con
ferred upon the commission, Department of Agriculture, department or
conservation district under laws other than this act, including, but not
limited, to the act of June 22,1937 (P.L.1987, N 0.394), known as The
Gean Streams Law and the act of July 7,1980 (P.L.380, No-97), known
as the Solid Waste Management Act and common law. All such powers
are preserved and may he freely exercised. A court exercising general
equitable jurisdiction shall not be deprived of such jurisdiction even
though a nuisance or condition detrimental to health is subject to regula
tion or other action by the board under this act.
Section 17,
Preemption of local ordinances.
This act and its provisions are of Statewide concern and occupy the
whole field of regulation regarding nutrient management to the exclusion
of all local regulations. Upon adoption of the regulations authorized by
section 4, no ordinance or regulation of any political subdivision or home
rule municipality may prohibit or in any way regulate practices related to
the storage, handling or land application of animal manure or nutrients or
to the construction, location or operation of facilities used for storage of
animal manure or nutrients or practices otherwise regulated by this act if
the municipal ordinance or regulation is in conflict with this act and the
regulations promulgated thereunder. Nothing in this act shall prevent a
political subdivision or home rule municipality from adopting and
enforcing ordinances or regulations which are consistent with and no
more stringent than the requirements of this act and the regulations prom
ulgated under this act, provided, however, that no penalty shall be
assessed under any such local ordinance or regulation lor any violation
for which a penalty has been assessed under this act.
All acts and pans of acts are repealed insofar as they are inconsistent
with this act.
Effective date.
This act shall take effect in 60 days.
Section 18.
Repeals.
Section 19.
bred by Rynd Home Farm,
Cochranton, and acquired from
Dallas Rynd and Judy Wolford of
Ashville, Ohio, is a Madawaska
Aerostar son out of Osdel-
Endeavor Mark Clara-ET, a VG,
Dam of Merit. Clara is a Chief
Mark daughter and a full sister to
Endeavor.
Also acquired was 29 H 7439
Londondale Magneto-ET, bred by
Dennis London, of Punxsulawney.
Magneto is a son from Roc-Hil-
Val Mark Stuffy-ET out of Lon
dondale BS Magic-ET, an
86-point Blackstar two-year-old
with an Excellent mammary with a
lactation 0f24,000 pounds of milk.
Magneto’s grandam is a Jesse
daughter.