SCC Approves Proposing Rulemaking For Nutrient Management
(b) A plan amendment is required when cateuMons in ther plan as origlnMy submitted are in error.
_.. ( e ) A plan amendment than be developed and certified by a nutrient management specialist and shall be
submitted to the reviewing agency In accordance with $83,321 (a) (relating to Initial plan review and anprovsf).
$13,332. Amendments Due to Unforeseen Circumstances.
CjNnge# In the implementation of plans due to unforeseen circumstances shall be certified by a nutrient
managemanlapedallelaa meeting el applicable requirements of this subchapter and submitted to the district within 30 days
of Implementation. Unforeseen circumstances shall Include the following: 1
„„„„ (1) Outbreak of contagious dteease. Manure management must be consistent with the procedures set forth
in §B3 341 (relating to manure management in emergency situations).
W or malfunctions of equipment or storage that require a change in menure handing procedures.
(3) Other unforeseen circumstances that cause a significant change In the management of nutrients on the
agricultural operation, such as:
(I) Crop failure due to adverse weather conditions,
(IQ Unanticipated loss of rented land
1*3.333. Plan Transfers.
(a) An approved nutrient management plan may be transferred to a subsequent owner or operator of an agri
cultural operation by noliflealian of the transfer to the Commiaaion or delegated conaenrationdislrict. unless the transfer results
in operational changes requiring plan amendments) under $83,331 (relating to plsn amendments).
(b) If the transfer of the plan results In operational changes requiring plan under 183.331
(relating to plan amendments), the plan amendments shall be submitted for appnwal of the Commission or delegated con
servation district along with the notification required under subsection (sty.
CONTAGIOUS DISEASE EMERGENCIES
$83,341 Menure Management In Emergency Situation-.
(a) In situationa where there Is an outbreak ofacontagious disease as regulated by the Pennsylvania Depart
ment of Agnculture, manure management will be conslatenfwllh those requirements set forth In the Department of Agrlcul
lure's Order of Quarantine Issued pursuant to the Domeetle Animal Act, 3 P. S. $3ll et seq., and regulations oromulaated
thereunder. K
(b) The Department of Agriculture shall notify the Commission when a quarantine is imposed on an agrtcul
tural operation covered by the Act. The Department of Agriculture shall supply the Commission and delegated conservation
district with a copy of the quarantine document
(c) Unless otherwise drafted by the quarantine, an amended nutrient management plan shell to developed
addressing the management of manure under the quarantine This plan shall be oertilM by a nutrient management apecW
ist poor to Implementation and submitted to the reviewing agency within 30 days of Implementation.
(d) Where nutrients are applied In excess of crap need due to the quarantine restrictions placed on the
manure, and the crapping sequence permits, cover crape shall be planted to the site to minimize the lose of theae nutrients.
(e) The temporary storage of manure during (he quarantine shall be done In accordance to 183.251 (relat
ing to manure management).
(I) The application of manure during the quarantine shall be done In accordance with *B3 234(5) (relating to
nutrient application procedures).
(0) Standard soil teats will be required each year for crop fields where the implementation of the quarantine
necessitated (hat nutrients be applied in excess of the original nutrient plan recommendations. In addition to the standard test
an appropriate test indicating the amount cl nitrogen available tor crop uptake shall be required tor one year beyond the ces
sation of excess manure application
§83.361 Applicant Eligibility
(a) An owner or operator of an agricultural operation existing on the effective dale of the nutrient management
regiJations may apply tor financial assistance tor the Implementation of nutrient management plane under the Act. The owner
or operator shall have legal and financial responsibility tor the agricultural operation during the term of the financial assistance
provided by the Commission
(b) If the applicant is a leseee/operator, the applicant shall apply jointly with the owner of the agricultural oper
ation for financial assistance The leesee/operatcr and owner shall be Jointly responsible tor the repayment of financial seals-
§83.362. Condition for Receipt of Financial Assistance.
Any agricultural operation approved to receive financial assistance under the Chesapeake Bay Nonpolnl Source Pollu
tion Abatement Program after the dale of this subchapter or otherwise receiving financial assistance Act tor nutrient man
agement plans shall agree to develop and a nutrient management plan as a condition tor receiving the assistance.
183.353 Financial Assistance Criteria
The Commission shall consider the foDcnwing criteria in reviewing applications tor financial assistance.
(1) Whether the project wiD improve the health, safety or environment of the people of this Commonwealth
md otherwise satisfy the purposes of the Act and this subchapter.
(2) The long-term financial and/br operational viability of the proper manner.
(3) The cost eftecttvenese of the proposed BMPs In Comparison with other alternatives;
(4) The applicant’s ability to operate and maintain the BMPs In a proper manner
183.364. Application Procedure.
(a) An application tor financial assistance Shan be made on forms approved by the Commission and shall be
addressed to the Commission.
(b) An application received by the Commission shall be reviewed tor completeness and eligibility. An appli
cation shall Include a summary of the approved mririent management plan which identifies the proposed BMPs tor which
financial assistance is being requested
(c) If the application is determined to be incomplete, the Commission shall provide the applicant with a writ
ten explanation of the reasons tor the determination, and request the additional Information needed to complete the apolica
tionprooess
(d) The Commission shall approve or deny each application submitted. Within 45 days of receipt of all
required information, applicants shall be notified in writing of actions taken on their applications and their right to appeal such
actions
(e) The applicant may appeal to the Commission for review of an action taken by a delegated agent under
this section within 30 days of notice of such action.
1*3.355. Project Evaluation Criteria.
Applications for financial assistance shall be evaluated In accordance With project evaluation criteria guide
lines developed by the Commission.
M 3 J 55. Eligible Coats.
(a) Eligible project costs considered by the Commission shall be those coals necessary to Implement the
nutrient management plan and may Include the following: ■
(I) Project design and engineering Including plans, specifications, cost estimates, certiflcatione, and sur
veys
(2) Costs associated with obtaining the financial assistance and may include loan origination and/or loan
application fees, title fees, and; fling fees
(3) Project construction, Including labor, materials, machinery, equipment and site preparation associated
with the project.
(4) Other costs the Commission has determined to be necessary
(bj Funds encumbered or advanced lor the project which are not used tor eligible costs In the project shall
be returned to the fund or account from which they originated (or reallocation and use in the implementation of other nutrient
management plans.
§83.357, Loans.
(a) The Commission shall issue loans and set applicable terms and conditions it deems appropriate The
Commission may consider factors as It deems relevant Including the following:
(1) Current market Interest rates.
* (2) The financial ability of the applicant to repay.
(3) The necessity to maintain the Fund in a financially sound manner
(bj Loans may be based on the ability to repay from future revenue to be derived from the applicant's agri
cultural operation Loans may be secured by a mortgage and/or the security interest, or by any other fiscal manner which the
Commission deems appropriate The minimum rate of interest to be paid on any loan made shall be one percent (1%).
(c) The term of loans ahal not exceed lOyeam tom tie day tie loan agreements aw seated
(d) The Commission may defer the initiation of the repayment of principal Up to 12 months from the date the
loan agreements ate executed. The borrower may begin principal and intereel payments sooner than required, If he or she
so desires
153.35(. Loan Guaranteed
The Commission may make loan guarantees If the Commission determines that it Is an appropriate method so accom
plish the purposes of the Act or this subchapter.
H3.3W. Grants.
(a) A grant will be considered when funds have been made available to the Commission and the Commis
sion determines that the financial condition of the recipient is such that repayment of a loan is unlikely and that Ihe recipient
will be financially distressed by the Implementation of BMPs without a grant.
(b) The Commission may limit Individual grant awards to whatever amount it deems appropriate. The max
imum amount of a grant may not exceed a maximum of 60% of the eligible project costs, or a sum of $30,000. Any agricul
tural operation that has received or is approved to receive financial assistance under the Chesapeake Bay Nonpoint Source
Pollution Abatement Program shall be eligible for grants under the Nutrient Management Financial Assistance Program up to
a maximum of $30,000 In grants from combined souroea of the Chesapeake Bay Program and the Nutrient Management
Financial Assistance Program.
(c) A grant will be made subject to terms and conditions the Commission establishes.
{•3.360. Grants and Loans.
The Commission shall, where it deems it appropriate and to the extent financial circumstances permit, mix grant funds
with loan funds
153.361 Funding IlmKatfone.
(a) Total funding limits Total assistance provided under loads, grants, and loan guarantees for the Imple
mentation of a single nutrient management plan shall not exceed $75,000..
(b) Partial funding. The Commission reserves the right to provide funding (or only a portion of the total costs
of the project or only a portion of the amount requested in a financial assistance application.
(c) Least Cost Alternative. Financial assistance provided shall not exceed that amount necessary (or the
least-cost alternative ter each BMP Included.
(d) Limitation.
(1) No financial assistance will be made available that might jeopardize or compromise the Fund.
(2) Financial assistance will not be available ter refinancing.
(Continued from Page A 34)
FINANCIAL ASSISTANCE
(3) Financial assistance will not be available for BMPs where construction is initialed prior to submiaaian
of (a unless slater of No Prefudkie has been ieauad by the Commission as provided In
•UDMCttOn (®).
_ (e) Lenars of no preludes. Exoepflone to the general prohibition against Wllallon of conebuctlonpilortooon
slderaSon by the Commleeion may be made when plan Imptemeritdlon Is required to proceed before an appllcallon for (Inan
dalassistance can be admitted to the Commlaaion. In this caw, a potential applicant mey apply to the Comm Won far« let
ler of no prejudice wherein the Commlaaion agraea to ooneider • future appfcabon far financial auManca without kiritaHan
or prejudice even if project conetruction hee begun at thal time. If the Commlaaion leauaa a letter of no prejudice, project con
duction can begin without jeoparding or benefiting a future applcalion.
- ' §83.382. Implementation and Reporting.
(a) The Commission shall develop financial assistance document* which shal, among other things, define
the feme and condKione under which the financial aeaietanoe is offered, and specify other documenle determined to be nec
eaeaiy by the Commlaaion.
(b) Unleee otherwise approved by the Commleeion, the applicant Shan begin construction of the project, in
accordance with Its application within e months after approval by the Commlaelon If the applicant doee not begin implemen
tation within the specified time period and continue work without unreasonable interruption, the Itrwndal aeeiaarae may be
withdrawn by the Commleeion
(c) design end construction of BMPs shall conform to the standards found In the Permaylvwila Technical
Guide. The applicant may not significantly deviate from the scope, approved design or time schedule lor a project unless prior
written approval is given by the Commlaaion or delegated agent The term “scope", as used in this subsection, shall mean the
extent of project actlvitiee determined by the Commission to be eligible tor financial assistance,
(1) A request tor significant changes In scope shall be submitted In wilting to the Commission a delegat
ad agent for approval. Where changes In scope require a nutrient management plan amendment under the criteria of
§B3 331 (relating to plan amendments), the applicant shall provide a copy of the approved plan amendment
(2) Funding eligibility for a change in scope will be based on the criteria described In 183.353 (relating to
financial assistance criteria). Consent of the Commission toachange in scope wW not be deemed to Increase the amount of
financial assistance provided without the express approval of the Commission. Fundng tor changes In the scope of an assis
tance project will be approved only In the following drcumstances
ffl The change in scope is a result of new or revised requirements, Federal legislation, or a Federal reg
ulatlon thereunder, State legislation or State regulation promulgated thereunder, The Act (3 P.S. §§l7ol-1719), or this sub
chapter, The Clean Streams Law (35 P.S. §§891.1-81.1001) or regulations promulgated thereunder.
fil) The change m scope is necessary to protect the structural or process integrity of the faculties.
(Hi) Adverse condKione are identified during the construction of the faculties which could not have been
foreseen by the design engineer prior to encountering the condition.
(hr) The change Is necessary to relieve emergency conditions occurring during construction of the facß-
(d) A request tor a disbursal of ilnanoal assistance shall be on font* approved by the Commission end aha*
be submitted on a schedule approved by the Commission.
(e) The applicant shall maintain project progress and financial record*
(I) If the applicant Mia to comply with this section, the Commission may withdraw (he remaining funds alo
cated to the project, oe well as take any other action which it ia legally entitled to Me.
$6&363. Delegation of Financial Assistance.
(a) Under Section 4(3) of the Conservation District Law (3 P.S. $852(3)) and subject to this section, the Com
mission may by written agreement delegate to one or more agents the administration of the ttnwdal assistance provisions of
this subchapter set forth at f §B3 351 -83.362.
(b) To the extent delegated by the agreement, the delegations may include the authority to review and
approve applications far financial assistance under the Act and this subchapter and to exercise other powers and duties oth
erwise vested In the Commission to administer the financial assistance program.
(c) A delegation agreement shall:
(1) Specify the powers and duties to be performed by the delegated agents.
(2) Provide for the commitment of sufficient trained staff and resources to perform the process and duties
to be delegated.
(3) Require the delegated agent to maintain records of activities under the delegation
(4) Provide for the monitoring and supervision by the Commission of performance by the delegated agents
of the functions delegated under the agreement
(d) When the Commission delegates one or more of Its powers and duties to an agent, the Commission wi
retain the concurrent power to administer the financial assistance provisions of Ihs subchqtter.
$83,371. Delegation to local agenda*.
(a) Under section 4(8) of the Act (3 P.S. $1704(B)) and subject to this section, the Commission may by writ
ten agreement delegate to a conservation dstrict one or more of Its administrative or enforcement authority(s) under the Act
(b) The delegation of administrative or enforcement authority may be made to a conservation district when
the distract demonstrates it has or will have an adequate program and sufficient resources to accept and Implement the del
egatkm.
(c) To the extent delegated by the agreement, the delegations may include the authority to enforce the Act
and this chapter and to exercise other powers and duties otherwise vested m the Commission to implement the Act.
(d) A delegation agreement shall:
(1) Specify the powers and duties to be performed by the delegated distnet
(2) Provide far the commitment of sufficient trained staff and resources to perform the powers and duties
to be delegated.
(3) Require the delegated conservation district to maintain records of activities performed under the dele-
(4) Provide (or the monttonng and supervision by the Commission of performance by the delegated con
servation district a( the functions delegated under the agreement.
(e) When the Commission delegates one or mom of Its powers and duties to a delegated conservation dis
trict, the Commission trill retain the concurrent power to administer and enforce the Act and this subchapter
OTHER PLANNING PROVISIONS
H3.MI. Compliance Plana.
Any agricultural operation found to be in violation of the Clean Streams Law (35 PS ss69l E-691 1001) may be required
to submit a nutrient management plan that meets the requirements of the Act, contains Interim measures deemed necessary
to prevent or abate such pollution, and includes an Implementation schedule. The plan Is required to be submitted within three
months of notification of the violation and shall be Implemented in accordance with the schedule as approved
Public Auction Register
Closing Date Monday 5:00 P.M.
oT each week’s publication
JUNE
WED. JUNE 28 - 4:3OPM
Antiques and Collectibles,
1550 Sandhill Rd.. Her
shey, Pa. Hershey, Pa. off
Rt. 322 turn S. (near Her
shey Medical Center) onto
Bullfrog Valley Rd. Approx.
2.5 miles to Ziegler auction
Facility.
THURS. JUNE 29-8 30AM
Tools, truck covers, auto
mobile windows, farm
tiesm, misc. items. Located
1 1/10 mile N. of Manches
ter along Rt. 181, turn right
at Gray Rock. Rentzel's
Auction Service.
THURS. JUNE 29 - 12
Lancaster farming, Saturday, June 24, 1995-A36
DELEOATKIfi TO LOCAL AQENCES
O'Clock. Furniture, house
hold, baseball items, guns,
antiques, Hess trucks. 1
1/10 mile N. of Manchester,
along Rt. 161 turn right at
Gray Rock. RentzeTs Auc
tion Service.
THURS JUNE 29 - 4PM
Equipment & automobile
auction, antique & house
hold. Located Shamrock
Auction Center, Rt 267 N
of Meshoppen, Pa. Wyom
ing Co. Shamrock Auction
Service.
SAT. JULY 1 - 9AM Tools,
household & antiques,
autos, car parts. Held at
1642 Bollinger Rd., West
minster, Md~ from Rt. 140,
turn onto Reese Rd. at
Reese Fire Hallo, go
approx. '/« mile, turn left
onto Old Westminster Pike,
go approx. 1 mile, turn right
onto Bollinger Rd. and go
V( mile to auciton on right.
Property of Clarkson W.
Davidson. Nevin E. Tasto,
auct.
SAT. JULY 1 -9.45 AM
Repossession Sale,
approx. 180 repo's 8 off
lease vehicles. Keystone
Public Auto Exchange.
SAT. JULY 1 -10 AM Hay
makers Special Consign
ment Auction, At Visscher
Farm, Rte. 282 IV4 miles
S. of the village of Nichols,
NY. 20 miles N. of
Towanda-Wysox area via
Rt. 187. Tractors, farm
equip., lawn & garden &
misc. Howard W. Visscher,
aucts.