25 Pa. Code § 83.201

Current through Register Vol. 54, No. 44, November 2, 2024

Section 83.201 - Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

AEU-Animal equivalent unit-One thousand pounds live weight of livestock or poultry animals, on an annualized basis, regardless of the actual number of individual animals comprising the unit.

AEU per acre-An animal equivalent unit per acre of cropland or acre of land suitable for application of animal manure.

Act-3 Pa.C.S. §§ 501-522 (relating to nutrient management and odor management).

Act 49-Commercial Manure Hauler and Broker Certification Act (3 P. S. §§ 2010.1-2010.12).

Agent-An entity delegated Commission powers and duties under the authority of section 4(3) of the Conservation District Law (3 P. S. § 852(3)), including a partnership, association, corporation, municipality, municipal authority, political subdivision of this Commonwealth and an agency, department, commission or authority of the Commonwealth.

Agricultural erosion and sediment control plan-A site-specific plan identifying BMPs to minimize accelerated erosion and sedimentation from agricultural runoff, required by Chapter 102 (relating to erosion and sediment control). The agricultural erosion and sediment control components of a conservation plan may meet this requirement, if allowed under Chapter 102.

Agricultural operations-The management and use of farming resources for the production of crops, livestock or poultry.

Animal concentration areas-

(i) Barnyards, feedlots, loafing areas, exercise lots or other similar animal confinement areas that will not maintain a growing crop, or where deposited manure nitrogen is in excess of crop needs.

(ii) The term excludes areas managed as pastures or other cropland.

(iii) The term excludes pasture access ways, if they do not cause direct flow of nutrients to surface water or groundwater.

Animal unit-One thousand pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit.

BMP-Best management practice-A practice or combination of practices determined by the Commission to be effective and practicable (given technological, economic and institutional considerations) to manage nutrients to protect surface water and groundwater taking into account applicable nutrient requirements for crop utilization.

Broker-A person that is not working for or under the control of an agricultural operation and that assumes temporary control or ownership of manure from an NMP operation and arranges for transport to and utilization at an importing operation or other location.

Buffer or vegetated buffer-

(i) A permanent strip of dense perennial vegetation established parallel to the contours of, and perpendicular to, the dominant slope of the field.

(ii) There is no mechanical application of manure within the buffer area.

(iii) The purposes include slowing water runoff, enhancing water infiltration and minimizing the risk of any potential nutrients from leaving the field and reaching surface waters.

CAO-Concentrated animal operation-Agricultural operations with eight or more animal equivalent units where the animal density exceeds two AEUs per acre on an annualized basis.

Commercial manure hauler-A person that transports or land-applies manure as a contract agent for an NMP operation or a broker under the direction of the operation or broker.

Commission-The State Conservation Commission established by the Conservation District Law (3 P. S. §§ 849-864).

Concentrated water flow areas-

(i) Natural or manmade areas where stormwater runoff is channeled and conveyed directly to surface water or groundwater.

(ii) The term includes, but is not limited to, ditches, waterways, gullies and swales.

Conservation district-A county conservation district established under the Conservation District Law.

Cooperative Extension-The Penn State Cooperative Extension.

Critical runoff problem areas-

(i) Nonvegetated concentrated water flow areas directly discharging into surface water or groundwater, and areas where runoff containing nutrients that were applied after the growing season discharge directly into surface water or groundwater.

(ii) The term includes gullies and unprotected ditches.

Crop management unit-The portion of cropland, hayland and pasture, including a field, a portion of a field, or group of fields, on an agricultural operation that has a unique management history (same rotation and manure history), similar production capability, and that will be managed uniformly as a distinct unit.

Emergency manure stacking areas-Unimproved areas that are authorized to be used for the storage of solid manure to be applied to the land as plant nutrients, except that these areas are only used as a contingency measure to address situations where the approved manure handling practice as described in the plan is not able to address the manure generated on the operation due to unforeseen circumstances.

Farming resources-The animals, facilities and lands used for the production or raising of crops, livestock or poultry. The lands are limited to those located at the animal facility which are owned by the operator of the facility, and other owned, rented or leased lands under the management control of the operator of the facility that are used for the application, treatment or storage of manure generated at the facility.

Fund-The Nutrient Management Fund established under section 512 of the act (relating to nutrient management fund).

In-field stacking-The practice of stacking solid manure on unimproved cropland, hayland and pasture areas to be applied to the land as plant nutrients.

Intermittent stream-A body of water flowing in a channel or bed composed primarily of substrates associated with flowing water which, during periods of the year, is below the water table and obtains its flow from both surface runoff and groundwater discharges.

Livestock

(i) Animals raised, stabled, fed or maintained on an agricultural operation with the purpose of generating income or providing work, recreation or transportation.

(ii) Examples include: dairy cows, beef cattle, goats, sheep, swine and horses.

(iii) The term does not include aquatic species.

Manure

(i) Animal excrement, including poultry litter, which is produced at an agricultural operation.

(ii) The term includes materials such as bedding, washwater and other materials which are commingled with that excrement.

Manure group-A portion of the manure generated on the operation that is distinct due to factors including species, handling practices, manure consistency, anticipated nutrient content or application season.

Manure Management Manual-The guidance manual published by the Department of Environmental Protection that is entitled Manure Management Manual for Environmental Protection, including its supplements and amendments. The manual describes approved manure management practices for all agricultural operations as required by § 91.36 (relating to pollution control and prevention at agricultural operations).

Manure storage facility-

(i) A permanent structure or facility, or portion of a structure or facility, utilized for the primary purpose of containing manure.

(ii) Examples include: liquid manure structures, manure storage ponds, component reception pits and transfer pipes, containment structures built under a confinement building, permanent stacking and composting facilities and manure treatment facilities.

(iii) The term does not include the animal confinement areas of poultry houses, horse stalls, freestall barns or bedded pack animal housing systems.

Mechanically incorporated-The combination of manure with the soil by means of farm tillage or manure injection equipment, including disks and twisted shank chisel plows, to minimize the potential of overland runoff of the manure.

NMP operation-Nutrient management plan operation-CAOs, VAOs and operations required to develop compliance plans under section 506(j) of the act (relating to nutrient management plans).

NRCS-Natural Resources Conservation Service-The Natural Resources Conservation Service of the United States Department of Agriculture, formerly known as the Soil Conservation Service.

National Wetlands Inventory-The inventory of known wetlands prepared by the United States Fish and Wildlife Service and readily available on maps in digital format on the Internet.

Nutrient-A substance or recognized plant nutrient, element or compound which is used or sold for its plant nutritive content or its claimed nutritive value. The term includes, but is not limited to, livestock and poultry manures, compost as fertilizer, commercially manufactured chemical fertilizers, biosolids or combinations thereof. The only nutrient elements of concern under this subchapter, based on their potential to impact the quality of surface waters or groundwater, are nitrogen and phosphorus. Unless the context clearly indicates otherwise, "nutrients" as used in this subchapter means nitrogen and phosphorus.

Nutrient balance sheet-A crop management BMP developed to protect surface and groundwater quality by providing the calculations for determining the appropriate rate, method and timing of manure that can be applied to cropland, hayland and pasture, to meet the purposes of this subchapter.

Nutrient management specialist or specialist-A person satisfying the requirements of the Department of Agriculture's Nutrient Management Certification Program in 7 Pa. Code §§130b.1-130b.51 (relating to nutrient management certification).

Pastures-Crop areas managed for forage production that are harvested by livestock, or a combination of livestock and mechanical harvesting.

Pennsylvania Agronomy Guide-The reference book published by Cooperative Extension and updated periodically, used as a practical guide to grain and forage production, soil fertility management, pest management and erosion control, with special reference to Pennsylvania conditions.

Pennsylvania Technical Guide-A primary reference document published by the United States Department of Agriculture's NRCS, entitled The Pennsylvania Soil and Water Conservation Technical Guide, which is used by technically trained persons to plan and apply appropriate BMPs.

Perennial stream-A body of water flowing in a channel or bed composed primarily of substrates associated with flowing waters and capable, in the absence of pollution or other manmade stream disturbances, of supporting bottom dwelling aquatic animals.

Permanent manure stacking areas-Designated, improved storage areas that are used for the long term or recurring storage of solid manure.

Phosphorus Index-

(i) The field evaluation methodology developed specifically for this Commonwealth and approved by the Commission, which combines indicators of phosphorus sources and phosphorus transport, to identify areas that have a high vulnerability or risk of phosphorus loss to surface waters.

(ii) This evaluation methodology provides direction on BMPs to address the land application of phosphorus-containing nutrient sources, to protect water quality.

Plan-Nutrient management plan-

(i) A written site-specific plan which meets the requirements in the act, and in §§ 83.271, 83.272 and 83.281-83.381.

(ii) Except when otherwise stated, the term includes plan amendments required under this subchapter.

Soil test level-The level of soil characteristics such as phosphorus, potassium and pH, analyzed using standard industry methods such as those described in the current Pennsylvania Agronomy Guide.

Spring-A place where groundwater flows naturally from rock or soil onto the land surface for a total of 183 days or more per year.

Stormwater-Runoff from the surface of the land resulting from rain, snow or ice melt.

VAO-Voluntary agricultural operation-

(i) Any operation that voluntarily agrees to meet the requirements of this subchapter even though it is not otherwise required under the act or this chapter to submit a nutrient management plan.

(ii) The term includes agricultural operations applying for financial assistance under the act.

Winter-December 15 to February 28, or any time the ground is frozen at least 4 inches deep or is snow covered.

25 Pa. Code § 83.201

The provisions of this §83.201 amended June 2, 2006, effective 10/1/2006, 36 Pa.B. 2636.

This section cited in 7 Pa. Code §130e.2 (relating to definitions).