Subchapter C. CHESAPEAKE BAY
NONPOINT SOURCE POLLUTION ABATEMENT
PROGRAM—STATEMENT OF POLICY

§ 83.101. Purpose.

 (a)  The EPA and the Department have determined that excess levels of pollutants, including sediment, nitrogen and phosphorus, are delivered to the Chesapeake Bay via Elk Creek, Potomac River and the Susquehanna River systems. The pollutants result from improper agricultural activities, primarily poor farming methods, mismanaged animal wastes and other activities causing excess soil erosion and runoff. A nonpoint source pollution abatement program initiative by the Commonwealth requires a comprehensive program to encourage better land management practices within the agricultural community. The intention of the Commission is to:

   (1)  Promote these practices through a comprehensive program to demonstrate new land management techniques.

   (2)  Foster new land management attitudes.

   (3)  Furnish technical expertise.

   (4)  Provide financial assistance to landowners for the installation of BMPs to control nonpoint sources of pollution.

 (b)  The purpose of the Planning Assistance Funding Program is to:

   (1)  Provide financial assistance to districts, agencies and cooperating organizations to identify nonpoint pollution sources.

   (2)  Monitor water quality.

   (3)  Measure the runoff characteristics of watershed areas.

   (4)  Design treatment methods for sources of nonpoint pollution.

 (c)  The purpose of the Educational Assistance Funding Program is to provide financial assistance to districts, agencies and cooperating organizations to accelerate the adoption of and demonstrate the use of soil and water conservation management techniques through educational programs. The goal is to provide information to landowners and the public to foster the need for nutrient management, erosion control and water quality management.

 (d)  The purpose of the Technical Assistance Funding Program is to provide financial assistance to districts, agencies and cooperating organizations to provide technical planning and other assistance to accelerate the installation of BMPs for landowners for the proper disposal and application of nutrients on land areas that are responsible for nonpoint source pollution.

 (e)  The purpose of the Financial Assistance Funding Program is to assist landowners with the cost of the installation of BMPs. This cost-share program will be administered by the Commission cooperatively with the districts and the ASCS.

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

   ASCS—Agricultural Stabilization and Conservation Service of the United States Department of Agriculture.

   Act—The Soil Conservation Law (35 P. S. § §  849—864).

   Agency—An agency of the Commonwealth and an agency of the United States as defined in the act.

   BMPs—Best management practices—Specialized practices designed to control erosion, to control runoff, to establish vegetation and to manage nutrient animal wastes and fertilizers. The term includes practices listed in the Statewide Plan for Agriculture and Earthmoving Activities or other practices approved by the Commission.

   Commission—The State Conservation Commission created by the act.

   Cooperating organization—An organization approved by the Commission to assist in implementing the act.

   Director—A member of the district board of directors as defined in the act.

   District—A conservation district as defined in the act.

   Landowner—A natural person who holds fee title to the land or who holds an equitable interest arising from an agreement of sale with the fee title holder.

   Nutrient management program—A system of BMPs to prevent the pollution of surface waters and groundwaters by addressing the most critical farm nutrient problems through measures to manage fertilizers and animal wastes and to reduce soil erosion.

   Program area—The land surface area within the Chesapeake Bay drainage basin.

   Project area—A designated area where critical nonpoint source pollution problems have been identified or quantified.

   SCS—The Soil Conservation Service of the United States Department of Agriculture.

   Statewide Plan for Agriculture and Earthmoving Activities—The comprehensive water quality management plan developed under §  91.31 (relating to comprehensive water quality management) and published as a notice at 9 Pa.B. 3248 (September 22, 1979).)

   The provisions of this §  83.102 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; corrected May 13, 1994, effective February 10, 1990, 24 Pa.B. 2529; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial pages (189751) to (189752).

 (a)  The Commission will encourage cooperation between agencies and organizations which have either direct or indirect involvement in the program to achieve the objectives to reduce nonpoint source pollution.

 (b)  Nondistrict project sponsors will work closely with the appropriate districts to promote local awareness of the projects.

 (a)  Cost-share rates will be determined annually by the Commission for the Technical Assistance Funding Program under §  83.131(e) (relating to general requirements).

 (b)  Public notice of the action listed in subsection (a) will be published in the Pennsylvania Bulletin.

   The provisions of this §  83.104 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; corrected May 13, 1994, effective February 10, 1990, 24 Pa.B. 2529; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial page (189753).

PLANNING ASSISTANCE FUNDING PROGRAM

§ 83.111. General requirements.

 (a)  The program is known as the Planning Assistance Funding Program (Program).

 (b)  Funds allocated under the Program shall be utilized solely for implementing the planning assistance funding program established by the Commission.

 (c)  Eligibility for this Program will be limited to the program area as defined under §  83.102 (relating to definitions).

 (d)  Funding for a year’s Program may be designated by the Commission for specific uses including watershed monitoring, watershed modeling, assessments of potential critical areas and related planning activities. Funding may be made available to districts, agencies and cooperating organizations eligible to participate in this Program.

 (e)  Technical equipment and nonexpendable supplies purchased by districts, agencies and cooperating organizations under the agreement will be the property of the Commonwealth unless otherwise determined by the agreement.

 (a)  An application for available funds shall be in writing on forms furnished by the Commission. An application shall be received by the deadline established by the Commission for filing of applications.

 (b)  An application shall describe the problem (why the project is required), purpose and objectives, methods and procedure, summary of requirements—for example, projected completion dates, required personnel, special services, physical resources and estimated costs—and projected completion date for report of results.

 (c)  The Commission will execute an agreement with an approved applicant including the terms and conditions for completing work and a budget for submitting reimbursement claims. Reimbursable costs incurred by the applicant will include those items determined by the Department to be necessary to carry out the agreement.

 (a)  The Commission will determine the amount of funds available for funding under the Planning Assistance Funding Program.

 (b)  The Commission will give priority to watersheds and other areas that the Commission determines are high priority based on studies and surveys.

 (c)  The Commission may reallocate funds if an authorized project cannot be completed or is abandoned.

 (a)  Project sponsors shall report program accomplishments in a manner prescribed in the agreement.

 (b)  Claims for reimbursement shall be submitted to the Commission in accordance with the schedule outlined in the agreement. The claims shall show the utilization of funds in accordance with the budget outlined in the agreement.

 (c)  The Commission reserves the right to audit Federal and State project related accounts and records to determine if funds were expended in conformance with the agreement.

 (d)  Records shall be retained for 3 years following the last payment from the Commission.

 (e)  A project sponsor shall maintain a separate accounting system for funds received under the Planning Assistance Funding Program.

 (a)  The Commission will not process a project or program claim for reimbursement until all reports related to the project or program claim are received in the Commission’s office.

 (b)  The Commission will not process a final claim for reimbursement under the agreement until the conditions of the agreement have been met and are acceptable to the Commission.

 (c)  Claims for reimbursement shall be filed with the Commission within 15 days of dates prescribed in the agreement showing the utilization of funds in accordance with the budget outlined in the agreement.

 (d)  Acceptable reimbursement claims submitted in compliance with subsections (a)—(c) will be forwarded by the Commission to the comptroller for payment within 15 working days after the claim is received in the Commission office.

   The provisions of this §  83.115 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial page (189755).

EDUCATIONAL ASSISTANCE FUNDING PROGRAM

§ 83.121. General requirements.

 (a)  This program is known as the Educational Assistance Funding Program (Program).

 (b)  Funds allocated under this Program shall be utilized solely for implementing the educational assistance funding program established by the Commission.

 (c)  Eligibility for this Program will be limited to the program area as defined under §  83.102 (relating to definitions).

 (d)  Funding for a year’s Program may be designed by the Commission for demonstration projects and educational activities related to nonpoint source pollution control. Funding may be made available to districts, agencies and cooperating organizations.

 (e)  Technical equipment and nonexpendable supplies purchased by districts, agencies and cooperating organizations under the agreement shall be the property of the Commonwealth unless otherwise determined by the agreement.

 (a)  An application for available funds shall be in writing and made on forms furnished by the Commission. An application shall be received by the deadline established by the Commission for filing applications.

 (b)  An application shall describe the problem (why the project is required), purpose and objectives, methods and procedure, summary of requirements—for example, projected completion dates, required personnel, special services, physical resources and estimated costs—and projected completion date for report of results.

 (c)  The Commission will execute an agreement with an approved applicant including the terms and conditions for completing work and a budget for submitting reimbursement claims. Reimbursable costs incurred by the applicant will include those items determined by the Department to be necessary to carry out the agreement.

 (a)  The Commission will determine the amount of funds available for funding under the Educational Assistance Funding Program.

 (b)  The Commission will give priority to an applicant who can demonstrate the institutional and financial capabilities to undertake the project in a timely fashion and for projects with the most potential for transference to other areas experiencing similar problems.

 (c)  The Commission may reallocate funds if the project or program component cannot be completed or is abandoned.

 (a)  A project sponsor shall report program accomplishments in a manner prescribed in the agreement.

 (b)  Claims for reimbursement shall be submitted to the Commission in accordance with the schedule outlined in the agreement. The claims shall show the utilization of funds in accordance with the budget outlined in the agreement.

 (c)  The Commission reserves the right to audit Federal and State related accounts and records to determine if funds were expended in conformance with the agreement.

 (d)  Records shall be retained for 3 years following last payment from the Commission.

 (e)  A project sponsor shall maintain a separate accounting system for funds received under the Educational Assistance Funding Program.

 (a)  The Commission will not process a program claim for reimbursement until all reports related to the program claim are received in the Commission’s office.

 (b)  The Commission will not process a final claim for reimbursement under the agreement until the conditions of the agreement have been met and are acceptable to the Commission.

 (c)  Claims for reimbursement shall be filed with the Commission within 15 days of dates prescribed in the agreement showing the utilization of funds in accordance with the approved budget.

 (d)  Acceptable reimbursement claims submitted in compliance with subsections (a)—(c) will be forwarded by the Commission to the comptroller for payment within 15 working days after the claim is received in the Commission office.

   The provisions of this §  83.125 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial page (189757).

TECHNICAL ASSISTANCE FUNDING PROGRAM

§ 83.131. General requirements.

 (a)  This program is known as the Technical Assistance Funding Program (Program).

 (b)  Funds allocated under this Program shall be utilized solely for implementing the Program established by the Commission.

 (c)  Funds allocated to districts or others shall be utilized only to employ technical personnel, obtain technical services or to acquire technical equipment and supplies, for the purpose of implementing the Program.

 (d)  Technical personnel shall be the employes of the district, agency and cooperating organizations, and not the employes of the Commission or Department. A technical person employed under this funding program by a district shall receive general supervision from a district director or an employe of the district designated by the board of directors.

 (e)  The Commission will pay the cost of employment for the technical personnel at a cost-share rate to be determined by the Commission. The rate established may not be exceeded even when a technical person is employed by more than one district. The total cost of employment shall include salary and salary-related expenses such as social security, worker’s compensation, health plans and retirement.

 (f)  Not more than one technical position may be cost-shared per district under this Program unless the Commission determines that adequate funds are available and sufficient technical needs exist within the district for additional technical personnel.

 (g)  Technical personnel funded to agencies and cooperating organizations other than districts shall be the employes of those agencies and cooperating organizations under the terms and conditions agreed to between the Commission and the agencies and cooperating organizations.

 (h)  Technical equipment and nonexpendable supplies purchased by districts, agencies and cooperating organizations under the agreement shall be the property of the Commonwealth unless otherwise determined by the agreement.

 (i)  Eligibility for this Program is limited to the Program area as defined under §  83.102 (relating to definitions).

   The provisions of this §  83.131 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial page (189758).

 (a)  An application for available funds shall be in writing on forms furnished by the Commission. An application shall be received by the deadline established by the Commission for filing the applications.

 (b)  An application shall describe the problem (why the project is required), purpose and objectives, methods and procedure, summary of requirements—for example, projected completion dates, required personnel, including time allotted for expected work tasks, special services, physical resources and estimated costs—and projected completion date for report of results.

 (c)  The Commission will execute an agreement with an approved applicant including the terms and conditions for completing work and a budget for submitting reimbursement claims or request for advance payments. Eligible costs incurred by the applicant will include those items determined by the Department to be necessary to carry out the agreement.

 (a)  The Commission will determine the amount of funds available for funding under the Technical Assistance Funding Program.

 (b)  Priority for funding may be given to project areas if no other technicians have been funded by other Commission programs.

 (c)  The Commission may reallocate funds if an agreement cannot be fulfilled by the district, agency and cooperating organization.

 (a)  Project sponsors shall report program accomplishments to the Commission in a manner prescribed in the agreement.

 (b)  Claims for reimbursement or requests for advance payments shall be submitted to the Commission in accordance with the schedule outlined in the agreement. The claims shall show the utilization of funds. Advance payments will be based on demonstrated need in accordance with the budget outlined in the agreement.

 (c)  The Commission reserves the right to audit Federal and State project related accounts and records to determine if funds are expended in conformance with the agreement.

 (d)  Records shall be retained for 3 years following the last payment from the Commission.

 (e)  A project sponsor shall maintain a separate accounting system for funds received under the Technical Assistance Funding Program.

 (a)  The Commission will not process a program claim for reimbursement or request for advance payment until all reports related to the program are received in the Commission’s office.

 (b)  The Commission will not process a final claim for reimbursement under the agreement until the conditions of the agreement have been met and are acceptable to the Commission. No advancement of funds will be made until final approval of the previous quarterly report of expenditures is given by the Department.

 (c)  Claims for reimbursement or requests for advance funds shall be filed with the Commission within 15 days of the date prescribed in the agreement showing the utilization of funds in accordance with the approved budget.

 (d)  Acceptable reimbursement claims or requests for advance funds submitted in compliance with subsections (a)—(c) will be forwarded by the Commission to the comptroller for payment within 15 working days after the claim or request is received in the Commission office.

   The provisions of this §  83.135 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987; amended March 21, 1997, effective March 22, 1997, 27 Pa.B. 1472. Immediately preceding text appears at serial page (194050).

FINANCIAL ASSISTANCE FUNDING PROGRAM

§ 83.141. General requirements.

 (a)  This program is known as the Financial Assistance Funding Program (Program).

 (b)  Eligibility for this Program is limited to the program area. Funding may be designated by the Commission to specific areas of high priority based upon detailed watershed assessments and landowners surveys or district prioritization of landowners for Program participation on forms provided by the Commission. Eligible landowners shall become cooperators with the district within an approved watershed and shall consent to the development of a nutrient management program.

 (c)  BMPs eligible for cost sharing shall be nutrient management measures and associated erosion and water control measures necessary to provide a nutrient management program. Approved practices shall be from the list of BMPs approved by the Commission. A nutrient management system may consist of a single practice or several practices installed over more than 1 year. BMPs will be cost shared on a one-time basis except for soil and manure testing analysis. Certain failed BMPs may be cost shared more than one time at the discretion of the Commission.

 (d)  Technical equipment and nonexpendable supplies purchased by districts, agencies and cooperating organizations under the agreement shall be the property of the Commonwealth unless otherwise determined by the agreement.

 (a)  The distribution of cost-share funds shall be based on the best available information and knowledge of potential agriculture-related pollution. This information may be developed by surveys, studies or sampling of field conditions by the Commission or by districts or by data supplied by cooperating Federal and State agencies.

 (b)  The Commission will execute an agreement with a participating district specifying the terms and conditions for receiving and distributing cost-share funds, including advance payments, if requested, and a schedule of reporting progress on installing BMPs. Allowable reimbursable items for administering the program by the district will include those items determined by the Department to be necessary to carry out the agreement.

 (a)  The Commission will determine the amount of funds available for funding under the Financial Assistance Funding Program.

 (b)  An allocation will be made to districts based on criteria established by the Commission including the following:

   (1)  Uncommitted cost share funds already available within the district.

   (2)  Cost share funds within the district remaining to be spent.

   (3)  Landowner interest in the program.

 (c)  The Commission may reallocate funds if a district cannot commit allocated funds within the term of the agreement.

   The provisions of this §  83.143 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial pages (189761) to (189762).

 (a)  The Department may advance funds on a quarterly basis to a district for the purpose of providing the State’s share for installation of BMPs.

 (b)  Advanced payments will be based on demonstrated need as documented on Commission-provided forms not to exceed the allocations developed in §  83.143(b) (relating to procedures for allocating funds).

 (c)  Payments will include administrative costs of the district as determined by the Department necessary for the administration of the Financial Assistance Funding Program. Payments for administrative costs shall be limited to 10% of the total allocation. The 10% will be added to the allocation to districts for providing administrative support to carry out the Financial Assistance Funding Program.

 (d)  No advancement of funds will be made until final approval is made by the Department of the previous quarterly report of expenditures.

   The provisions of this §  83.144 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; corrected May 13, 1994, effective February 10, 1990, 24 Pa.B. 2529; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial page (189762).

 (a)  The district is encouraged to enter into an agreement with the county committee of the ASCS to outline the tasks and responsibilities of a party to effectively administer State cost-share funds consistent with the Agricultural Nonpoint Source Abatement Program for the Chesapeake Bay and to maximize the use of State and Federal funds.

 (b)  The district is encouraged to develop a fair and open project selection process that includes sign-up periods as necessary to receive requests for BMP installation from eligible landowners. Special efforts will be made to enlist the cooperation of landowners with identified critical problems. Landowner applications shall be prioritized for project selection based on criteria established by the Commission. Criteria established by the Commission shall include: the existence of identified water quality problems from agricultural nonpoint sources; high potential for pollution on the farm; and probability that significant reductions in nutrients can be achieved through the implementation of acceptable BMPs. A district may utilize its own prioritization form provided it addresses the criteria established by the Commission.

 (c)  The format of supplemental agreements between the districts and ASCS and between the districts and landowners shall be appoved by the Commission.

 (d)  Technical responsibilities for needs determination, practice design and layout are assigned to the district. The district should utilize the technical services of the SCS, Cooperative Extension Service or other cooperating Federal and State agencies in developing this information where available.

 (e)  BMP completion will be certified for landowners by the designated technical agency.

 (f)  Upon proper determination of practice completion, including copies of appropriate invoices for materials, supplies and labor, as required by the Commission, the district will disperse cost-share funds to eligible landowners. Reimbursement shall be paid from amounts advanced quarterly by the Commission for this purpose and may exceed except as provided in §  83.148 (relating to additional funding for failed BMPs) neither a maximum of 80% total combined State and Federal funding from all sources for each practice nor a total of $30,000 Financial Assistance Funding Program State funding per landowner. Reimbursement shall be made by districts to landowners within 30 days following receipt of accurate documentation that shows appropriate receipts, completion certification and technical certification, if necessary, that BMPs have been installed according to specification.

 (g)  The district shall conduct an annual audit of programs in accordance with section 2(a)(7) of the Single Audit Act of 1984 (31 U.S.C.A. §  7501(7)).

 (h)  The district shall adhere to the ‘‘Administrative Manual for the PA Chesapeake Program’’ developed by the Department to provide uniformity and consistency in the administration of the program.

   The provisions of this §  83.145 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; amended September 29, 1989, effective July 5, 1989, 19 Pa.B. 4220; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial pages (189762) to (189763).

 (a)  An agreement is required between a district and a landowner.

 (b)  An agreement shall provide that if the landowner does not implement and maintain the nutrient management program as planned, the landowner shall refund to the district at the discretion of the district, all or a portion of Financial Assistance Funding Program State cost-share monies already earned under the agreement. Refunds are not required following the destruction or discontinuance of a BMP or combination of BMPs caused by one of the following:

   (1)  An act of God or other conditions beyond the landowner’s control.

   (2)  A change in land use if the landowner installs and maintains another BMP or combination of BMPs that provide comparable nutrient-erosion control benefits for the same area previously served by the cost-shared practice.

 (c)  The term of the agreement shall cover the life of BMPs implemented under the agreement.

 (d)  The landowner may request Commission review of a determination by a district under this section.

   The provisions of this §  83.146 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial pages (189763) to (189764).

 (a)  The district shall report program accomplishments quarterly to the Commission on prescribed forms. Copies of cost verification forms used to reimburse landowners for BMP installation shall be forwarded to the Commission showing the utilization of advanced payments. This district shall include an itemized accounting of administrative costs claimed under §  83.144(c) (relating to payments).

 (b)  The district shall maintain a separate accounting system for funds received under the Financial Assistance Funding Program. Districts shall deposit advanced funds in a Federally insured interest bearing account. Interest earnings from the account shall be applied only to the Chesapeake Bay Program or returned to the Commonwealth.

 (c)  The Commission reserves the right to audit Federal and State related accounts.

 (d)  Records shall be retained by districts for 3 years beyond the district’s participation in the Financial Assistance Funding Program.

 (a)  The Commission may disperse additional Financial Assistance Funding Program funds in excess of the $30,000 per landowner State fund limit set forth in §  83.145(f) (relating to district responsibilities).

 (b)  The additional funds shall be used solely for the correction of BMPs that fail to perform as intended due to design errors or other errors in judgment by district engineers, district technicians, SCS engineers or SCS technicians while overseeing the construction of a BMP. The Commission may fund up to 100% of the costs to reconstruct or repair the BMP, whichever is less. The Commission will not fund the repair or reconstruction of a failed BMP caused by experimental or nonstandard design or construction.

 (c)  The Department will appoint a fact-finding team comprised of representatives of SCS, the Department and the affected district to investigate and determine the reason for failure of a BMP and its eligibility for additional funding for appropriate corrective measures.

 (d)  The Commission will prepare an annual report indicating the number of BMP investigations conducted, the kinds of corrective measures instituted and the number, cost and county location of restored practices.

   The provisions of this §  83.148 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial page (189764).

 The Commission may conduct periodic inspections of BMPs to determine compliance with practice specifications and to assure that a nutrient management program has been installed. The district shall return State funds to the Commission or the Commission will deduct the funds from future advances if landowners do not fulfill program requirements, except as provided under §  83.146(b) (relating to agreements).

   The provisions of this §  83.149 adopted December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987.