§ 83.362. Plan implementation.
(a) An NMP operation shall fully implement the plan consistent with the implementation schedule included as part of the approved plan. Implementation schedules may not extend past 3 years of the date the plan is approved or deemed approved, or for which implementation is otherwise authorized under § 83.361(d) (relating to initial plan review and approval), unless the implementation schedule is extended upon approval of the Commission or delegated conservation district.
(b) Nutrient application rates shall be developed as described in § 83.293 (relating to determination of nutrient application rates) and shall be implemented upon approval of the plan. The operator shall review the approved plan at least annually to ensure that this condition is met.
(c) At least every 3 years, the plan, records and the status of the operation’s compliance, shall be reviewed by a nutrient management specialist to determine whether a plan amendment is required, according to the following:
(1) Unless otherwise required by § 83.371 (relating to plan amendments), if the approved plan continues to adequately represent the agricultural operation, including the manure nutrient content and soil test values in the plan, and if the book values used in the approved plan have not changed to the extent that it would affect the application rates used in the plan, no amendment is required. The specialist shall provide notice of this to the reviewing agency.
(2) The phosphorus application determination, including the procedures and criteria for addressing phosphorus contained in § 83.293(c) such as the Phosphorus Index, shall be reevaluated for each crop management unit once every 3 years after initial approval of the plan. A plan amendment is required if there is a change in manure application as a result of this reevaluation.
(3) A plan amendment shall be submitted to the reviewing agency in accordance with § 83.361(a), if the agricultural operation has changed from that described in the approved plan, as required by § 83.371 (relating to plan amendments).
(d) Limited liability protection, as described in § 83.206 (relating to limitation of liability), is afforded to those operators properly implementing an approved plan under this subchapter.
Source The provisions of this § 83.362 amended June 2, 2006, effective October 1, 2006, 36 Pa.B. 2636. Immediately preceding text appears at serial page (263018).
Cross References This section cited in 25 Pa. Code § 83.204 (relating to applicability of requirements); 25 Pa. Code § 83.261 (relating to general); 25 Pa. Code § 83.331 (relating to implementation schedule); and 25 Pa. Code § 83.371 (relating to plan amendments).
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