25 Pa. Code § 83.701

Current through Register Vol. 54, No. 49, December 7, 2024

Section 83.701 - 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.

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

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

Animal housing facility-A roofed structure or facility, or any portion thereof, used for occupation by livestock or poultry.

CAFO-Concentrated animal feeding operation-An agricultural operation that meets the criteria established by the Department in regulations under the authority of The Clean Streams Law (35 P. S. §§ 691.1-691.1001), found in Chapter 92 (relating to National Pollutant Discharge Elimination System Permitting, Monitoring and Compliance).

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.

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

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

Construction or construction activities-The act or process of systematically building, forming, assembling or otherwise putting together a facility or parts of a facility.

(i) The terms do not include any of the following, when used in relation to the following activities at animal housing facilities:

(A) Replacement of existing equipment at an existing animal housing facility.

(B) Replacement of an existing animal housing facility in existence as of February 27, 2009, that has been destroyed by fire, flooding, wind, or other acts of God, vandalism, or other similar circumstances beyond the operator's control, with a facility that is of similar animal capacity.

(ii) The terms do not include any of the following, when used in relation to the following activities at manure management facilities:

(A) Improving the integrity of an existing manure storage facility with no more than a 15% increase in manure storage volume as measured from the current storage volume documented in the approved nutrient management plan.

(B) Adding treatment technology, such as solids separation, anaerobic digestion, and composting, and their associated facilities, on agricultural operations in existence as of February 27, 2009, provided that the treatment technology is designed, built and operated consistent with the Commission's current "Odor Management Guidance."

Expand, expansion-Creation of additional space of an animal housing facility by increasing the size of an animal housing facility, or increasing the volume of a manure storage facility by increasing the size of the manure storage facility.

Facility-Refers to the animal housing facility and manure management facility, or portion of a facility, which are required to be, or are voluntarily subject to this subchapter.

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).

Impacts-

(i) Conflicts arising from the offsite migration of the odors from agricultural facilities.

(ii) The term does not include mental or physical health affects, or changes in property values.

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 management facility-

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

(ii) The term includes 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, free stall barns or bedded pack animal housing systems.

OMP-Odor management plan-Plan-

(i) A written site-specific plan identifying the Odor BMPs to be implemented to manage the impact of odors generated from animal housing and manure management facilities located or to be located on the site.

(ii) The term includes plans approved for VAOs and facilities not required to submit a plan under this subchapter.

(iii) The term includes plan amendments required under this subchapter, except when otherwise stated.

Odor BMP-Odor best management practice-A practice or combination of practices, technologies, standards and strategies to manage the potential for odor impacts from animal housing facilities and manure management facilities that are subject to this subchapter.

Odor management specialist-A person satisfying the certification requirements of the Department of Agriculture's proposed Odor Management Certification Program in 7 Pa. Code Chapter 130f (relating to odor management certification).

Odor Site Index-The field evaluation methodology developed specifically for this Commonwealth and approved by the Commission, which applies site-specific factors such as proximity to adjoining landowners, land use of the surrounding area, type of structures proposed, species of animals, local topography and direction of the prevailing winds, to determine the potential for odor impacts.

Offsite migration-The airborne movement of odors past the property line of an agricultural operation.

Public use facility-Public schools, hospitals, public nursing homes/elder care facilities and apartment buildings with greater than four dwelling units.

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 an odor management plan.

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

25 Pa. Code § 83.701