(Continued from Pago 18)
number of required reviews. Review sites are prioritized to
cover operations thought to be out of compliance, those in
special protection watersheds, and operations that District
staff does not have regular contact with throughout the
year.
There is a standard checklist of items that will be checked
during the review. The staff from York County sends a
letter to the operation about 2 weeks in advance letting them
know they have been selected for a status review. The letter
includes a copy of the checklist that will be covered. The op
erator will be required to provide records of crop yields,
manure application details, exported manure details and
any other required items. The reviewer also checks to see
that the installation schedule for BMP’s is being followed.
If a status review of an operation finds incomplete
records, if BMP’s have not been installed as required, or the
plan is no longer consistent with the operation, the opera
tion will be given an agreed upon amount of time to comply.
Follow-up efforts will be made by the Conservation District
to assist the operator in any reasonable way.
If the operator seems unwilling to work with the Conser
vation District or satisfactory compliance progress is not
made, the York Conservation District has agreed to submit
the name to the State Conservation Commission staff. The
State Conservation Commission (SCC) has ultimate en
forcement of the Nutrient Act.
SCC staff will respond to the names turned in by Conser
vation Districts or PA Department of Environmental Pro
tection (DEP) for Clean Streams Law violations. The first
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step by the SCC is to issue a Notice of Violation. This will
establish time frames for the operation to follow in order to
have one final chance to comply with the Nutrient Manage
ment Act.
If the SCC also does not receive cooperation from the op
eration, they can seek a court injunction against the opera
tion and/or assess civil penalties. Enforcement action is
determined on a case-by-case basis depending on severity of
the violation and level of cooperation from the violator.
According to Section 12 of the Nutrient Act, entitled
“Civil Penalties and Remedies,” penalties of $5OO for the
first day of violation and $lOO for each subsequent day can
be assessed until action is taken to comply with the Nutrient
Management Act.
The State Conservation Commission has used enforce
ment action in three separate cases In Lycoming, Juniata
and Dauphin Counties. In all three situations, the opera
tions had approved nutrient management plans, but were
not following or properly implementing the plan.
The Nutrient Management Act is here to stay. The York
County Conservation District and 59 fellow Districts across
the state have agreed to administer the Act. Our job includes
ensuring that operations are complying with the Act. This is
a job that we take seriously.
For more information about the Nutrient Management
Act or complying with your current approved Nutrient
Management Plan in York County, contact Shelly Ogline at
717-755-2966, extension 107. For all other requests, contact
your local Conservation District or the State Conservation
Commission staff.
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