3 Pa.C.S. § 101
Short title of title
This title shall be known and may be cited as the Agriculture Code.
Pennsylvania Consolidated Statutes Title 3 — AGRICULTURE
Pennsylvania · statute · 3 Pa.C.S. · 584 active provisions
3 Pa.C.S. § 102
Definitions
Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Department." The De…
3 Pa.C.S. § 311
Scope
This chapter deals with local regulation of normal agricultural operations.
3 Pa.C.S. § 312
Definitions
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Local government unit." A political subdivision of the Commonwealth. "Normal agricultural operation." As defined under section 2 of the act of June 10, 1982 (P…
3 Pa.C.S. § 313
Certain local government unit actions prohibited
(a) Adoption and enforcement of unauthorized local ordinances.--A local government unit shall not adopt nor enforce an unauthorized local ordinance. (b) Existing local ordinances.--This chapter shall apply to the enforcement of local ordinances existing on the effective date of this section and to the enactment or enfo…
3 Pa.C.S. § 314
Duties of Attorney General
(a) Request for review.--An owner or operator of a normal agricultural operation may request the Attorney General to review a local ordinance believed to be an unauthorized local ordinance and to consider whether to bring legal action under section 315(a) (relating to right of action). (b) Discretion.--The Attorney Gen…
3 Pa.C.S. § 315
Right of action
(a) Attorney General action.--The Attorney General may bring an action against the local government unit in Commonwealth Court to invalidate the unauthorized local ordinance or enjoin the enforcement of the unauthorized local ordinance. (b) Other party action.--Notwithstanding any provision of 42 Pa.C.S. Ch. 85 Subch.…
3 Pa.C.S. § 316
Commonwealth Court masters
(a) General rule.--The Commonwealth Court may promulgate rules for the selection and appointment of masters on a full-time or part-time basis for actions brought under section 315 (relating to right of action). A master shall be a member of the bar of this Commonwealth. The number and compensation of masters shall be f…
3 Pa.C.S. § 317
Attorney fees and costs
In an action brought under section 315(b) (relating to right of action), the court may do any of the following: (1) If the court determines that the local government unit enacted or enforced an unauthorized local ordinance with negligent disregard of the limitation of authority established under State law, it may order…
3 Pa.C.S. § 318
Reports to General Assembly
The Attorney General shall provide to the chairman and the minority chairman of the Senate Committee on Agricultural and Rural Affairs and the chairman and minority chairman of the Agricultural and Rural Affairs Committee of the House of Representatives an annual report to include the following: (1) Information on how…
3 Pa.C.S. § 501
Scope
This chapter relates to nutrient management and odor management.
3 Pa.C.S. § 502
Declaration of legislative purpose
The purposes of this chapter are as follows: (1) To establish criteria, nutrient management planning requirements and an implementation schedule for the application of nutrient management measures on certain agricultural operations which generate or utilize animal manure. (2) To provide for the development of an educat…
3 Pa.C.S. § 503
Definitions
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "AEU." Animal equivalent unit. "AEU per acre." An animal equivalent unit per acre of cropland or acre of land suitable for application of animal manure. "Agricu…
3 Pa.C.S. § 504
Powers and duties of commission
The commission shall have the following powers and duties: (1) Before July 19, 1995, and periodically thereafter, to promulgate regulations, in consultation with the department, the Department of Environmental Protection and the board, establishing minimum criteria for nutrient management plans developed in accordance…
3 Pa.C.S. § 505
Powers and duties of Department of Environmental Protection
The Department of Environmental Protection shall have the following powers and duties: (1) Before July 19, 1994, to make an assessment of and report to the Environmental Quality Board and the General Assembly on the extent to which malfunctioning on-lot sewage systems contribute to the pollution of waters of this Commo…
3 Pa.C.S. § 506
Nutrient management plans
(a) Concentrated animal operations.--Concentrated animal operations are those agricultural operations where the animal density exceeds two AEUs per acre on an annualized basis. Beginning October 1, 2002, the commission, in consultation with the department, the board, the Department of Environmental Protection and the C…
3 Pa.C.S. § 507
Manure application setbacks and buffers
(a) General rule.--Unless the commission establishes a stricter requirement by regulation, no concentrated animal operation or other agricultural operation receiving manure from a concentrated animal operation directly or indirectly through a broker or other person may mechanically land apply manure within 100 feet of…
3 Pa.C.S. § 508
Nutrient management certification program and odor management certification program
(a) Requirement.--The department shall establish, in consultation with the commission, a nutrient management certification program for the purpose of certifying individuals who have demonstrated the competency necessary to develop nutrient management plans and an odor management certification program for the purpose of…
3 Pa.C.S. § 509
Odor management plans
(a) Requirement.-- (1) The following operations shall develop and implement an odor management plan as described in this chapter: (i) Existing concentrated animal operations and existing concentrated animal feeding operations, when doing any of the following: (A) Erecting or constructing a new animal housing facility o…
3 Pa.C.S. § 510
Nutrient Management Advisory Board
(a) Creation.--There is created the Nutrient Management Advisory Board. The board shall consist of 16 members appointed by the chairman of the commission and approved by a two-thirds vote of the commission. The members so appointed shall consist of six active commercial farm owners or operators representing the livesto…
3 Pa.C.S. § 511
Financial assistance
(a) Loans, grants, etc.--The commission shall, to the extent funds are available, provide financial assistance in the form of loans, loan guarantees and grants for the implementation of nutrient management plans and of odor management plans for existing agricultural operations. (b) Criteria for eligibility.--In reviewi…
3 Pa.C.S. § 512
Nutrient Management Fund
(a) Establishment of fund.--There is established a special nonlapsing fund in the State Treasury to be known as the Nutrient Management Fund. All fees, fines, judgments and interest collected by the commission under this chapter shall be paid into the fund. All money placed in the fund and the interest it accrues are h…
3 Pa.C.S. § 513
Unlawful conduct
It shall be unlawful to fail to comply with or to cause or assist in the violation of any order or any of the provisions of this chapter or the rules and regulations adopted under this chapter or to fail to comply with a nutrient management plan or an odor management plan.
3 Pa.C.S. § 514
Civil penalties and remedies
(a) Civil penalty.--In addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this chapter or a rule or regulation adopted, order issued or odor management plan or nutrient management plan approved under this chapter, the commission may assess a civil penalty of no…
3 Pa.C.S. § 515
Limitation of liability
If a person is fully and properly implementing a nutrient management plan or an odor management plan approved by the local conservation district or the commission and maintained under this chapter for an agricultural operation, the implementation shall be given appropriate consideration as a mitigating factor in any ci…
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