Current through Register Vol. 54, No. 45, November 9, 2024
Section 83.351 - Minimum standards for the design, construction, location, operation, maintenance and removal from service of manure storage facilities(a) The minimum standards contained in this section apply to new manure storage facilities and the expansion of existing manure storage facilities, as part of a plan developed for an NMP operation. (1) Manure storage facilities shall be designed, constructed, located, operated, maintained, and, if no longer used for the storage of manure, removed from service, in a manner that protects surface water and groundwater quality, and prevents the offsite migration of nutrients. Implementation of BMPs contained in the Pennsylvania Technical Guide may be used to satisfy this requirement, except if these standards conflict with this subchapter. Other BMPs shall be approved by the Commission.(2) In addition to complying with paragraph (1), manure storage facilities shall be designed and located in accordance with the following criteria: (i) Facilities shall comply with the applicable criteria in § 91.36 (relating to pollution control and prevention at agricultural operations).(ii) Facilities shall comply with the applicable criteria in Chapter 105 (relating to dam safety and waterway management).(iii) The location and construction of facilities to be placed within a floodplain shall be consistent with local ordinances developed under the Pennsylvania Flood Plain Management Act (32 P. S. §§ 679.101-679.601), which relates to the dangers and damage of floodwaters.(iv) The sides of facilities located in a floodplain shall be protected from erosion and scouring from a 25 year flood event.(v) For operations that were producing livestock or poultry on or before October 1, 1997, facilities, except reception pits and transfer pipes, may not be constructed: (A) Within 100 feet of an intermittent or perennial stream, river, spring, lake, pond or reservoir.(B) Within 100 feet of a wetland that is identified on the National Wetlands Inventory maps, if the following apply: (I) The wetland is within the 100-year floodplain of an Exceptional Value stream segment.(II) Surface flow is toward the wetland.(C) Within 100 feet of a private water well, or open sinkhole.(D) Within 100 feet of an active public drinking water well, unless other State or Federal laws or regulations require a greater isolation distance.(E) Within 100 feet of an active public drinking water source surface intake, unless other State or Federal laws or regulations require a greater isolation distance.(F) Within 100 feet of a property line, unless the landowners within the 100 feet distance from the facility otherwise agree and execute a waiver in a form acceptable to the Commission.(G) Within 200 feet of an intermittent or perennial stream, river, spring, lake, pond or reservoir, or any water well, or wetland described in clause (B), if a facility (except permanent stacking and compost facilities) is located on slopes exceeding 8% or a facility has a capacity of 1.5 million gallons or greater.(H) Within 200 feet of a property line, if a facility (except permanent stacking and compost facilities) is located on slopes exceeding 8% and if the slope is toward the property line, or a facility has a capacity of 1.5 million gallons or greater, unless the landowners within the 200 foot distance from the facility otherwise agree and execute a waiver in a form acceptable to the Commission.(vi) For NMP operations that come into existence after October 1, 1997, facilities, except reception pits and transfer pipes, may not be constructed:(A) Within 100 feet of an intermittent or perennial stream, river, spring, lake, pond or reservoir.(B) Within 100 feet of a wetland that is identified on the National Wetlands Inventory maps, if the following apply:(I) The wetland is within the 100-year floodplain of an Exceptional Value stream segment.(II) Surface flow is toward the wetland.(C) Within 100 feet of a private water well, or open sinkhole.(D) Within 100 feet of an active public drinking water well, unless other State or Federal laws or regulations require a greater isolation distance.(E) Within 100 feet of an active public drinking water source surface intake, unless other State or Federal laws or regulations require a greater isolation distance.(F) Within 200 feet of a property line, unless the landowners within the 200 foot distance from the facility otherwise agree and execute a waiver in a form acceptable to the Commission.(G) Within 200 feet of an intermittent or perennial stream, river, spring, lake, pond, reservoir or any water well, or wetland described in clause (B), if a facility (except permanent stacking and compost facilities) is located on slopes exceeding 8% or has a capacity of 1.5 million gallons or greater.(H) Within 300 feet of a property line, if a facility (except permanent stacking and compost facilities) is located on slopes exceeding 8%, and if the slope is toward the property line, or a facility has a capacity of 1.5 million gallons or greater, unless the landowners within the 300 foot distance from the facility otherwise agree and execute a waiver in a form acceptable to the Commission.(vii) The Commission or a delegated conservation district may waive the distance restrictions in subparagraph (v)(A)-(C) and (G), if the following can be demonstrated to the satisfaction of the Commission or a delegated conservation district: (A) The siting restrictions contained in subparagraph (v) would make the placement economically unreasonable or physically impractical.(B) A site investigation has been conducted which demonstrates that the proposed system will protect water quality and protect against offsite migration of nutrients.(C) The type, design and contingency plan developed for the facilities meet additional criteria the Commission or delegated conservation district, in consultation with the NRCS, may require to protect water quality, and protect against offsite migration of nutrients.(D) In the case of a private water well, the well construction meets the criteria that the Commission, in consultation with the NRCS, deems necessary to protect water quality. There will be no waivers granted from the setback requirements for public water wells or sources.(viii) Manure storage facilities constructed after October 1, 1997, on CAOs that were in existence prior to October 1, 1997, shall meet the applicable criteria established under this section.(3) The designer of the manure storage facility described in the plan shall address the following: (i) Verification of the minimum manure storage period and minimum manure storage volume documented in the current plan.(ii) Determination of the type and dimensions of facilities considering the environmental and space limitations of the site, as well as the operator's preference.(iii) An onsite investigation to evaluate the site suitability for a facility. The criteria contained in the Pennsylvania Technical Guide may be used to satisfy this requirement. Other criteria shall be approved by the Commission.(b) The repair of an existing manure storage facility that is part of a plan developed for an NMP operation shall be done in a manner that protects surface water and groundwater quality, and prevents the offsite migration of nutrients. Applicable standards in the Pennsylvania Technical Guide may be used to meet this requirement. Other standards shall be approved by the Commission. The location standards do not apply to these facility repairs.(c) The site specific design for the construction, expansion or major repair of a liquid or semisolid manure storage facility covered under the act shall be done or approved by an engineer registered in this Commonwealth. The engineer shall certify that the design protects surface water and groundwater quality, and prevents the offsite migration of nutrients. Compliance with the applicable design standards described in the Pennsylvania Technical Guide may be used to meet this requirement. Other standards shall be approved by the Commission.(d) At least 2 weeks prior to installation of the facility or the repair, the registered engineer shall submit a verification (including a quality assurance inspection plan for construction) to the Commission or delegated conservation district documenting that the design, meeting the requirements of this subsection including applicable setbacks, has been completed. Following completion of the installation or repair, the responsible engineer and construction contractor shall certify to the Commission or delegated conservation district that construction of the manure storage facility was completed according to the design, construction and location standards.(e) A written site specific contingency plan, addressing actions to be taken in the event of a manure leak or spill from a manure storage facility covered under the act to protect surface water and groundwater quality, and prevent the offsite migration of nutrients, shall be developed and kept onsite at the operation. The standards contained in the Pennsylvania Technical Guide may be used to meet this requirement. Other standards shall be approved by the Commission. In the case of a leak or spill of manure from a manure storage facility covered under the act, the operator is responsible for implementation of the site specific contingency plan developed for the operation. The contingency plan must contain information necessary to meet the notification requirements for reporting leak or spill events which would result in pollution or create a danger of pollution to surface water or groundwater contained in § 91.33 (relating to incidents causing or threatening pollution).The provisions of this §83.351 amended June 2, 2006, effective 10/1/2006, 36 Pa.B. 2636. 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 § 83.311 (relating to manure management); 25 Pa. Code § 83.312 (relating to site specific emergency response plans); and 25 Pa. Code § 91.36 (relating to pollution control and prevention at agricultural operations).