SCC UPDATE
Quarterly Reports Starting with the third quarter 2017 (July-September) quarterly reports, the SCC and DEP are making two changes to the quarterly reports used for the Nutrient Management and Manure Management Delegation Agreement. The two changes include: o All quarterly reports should be submitted electronically via e-mail to RA-EPWaterPrograms@pa.gov. Please also copy your SCC Regional Coordinator on the submission. o A new form was developed that will replace two existing forms. The NMP Payment Form is a combination of two previous forms (1) Certification of Payment and (2) Quarterly Reimbursement Worksheet.
Quarterly Reports The following forms are the official quarterly reporting documents for the Nutrient Management and Manure Management delegation agreement: NMP Payment Form NMP Approval Form Level 2 Quarterly Report Manure Management Reporting
Administrative Issues The Top 10 Following up on deadline (dates) that the CD gives Not following up after deficient NM Status Reviews The need to offer NM & MM educational outreach and activities Need to meet at least annually with partner agencies Need for keeping notes page on all NMP operations The importance of details; how the plan appeal process works. Plan reviews and NM status reviews of BOD members Why well written comments/letters are essential. Need to communicate in an appropriate manner Reviewer waiting too long to get started on review or not giving planners ample time to address comments BODs rubber stamping NMPs with no discussion or questioning
Following up on deadline (dates) that the CD gives CD needs to follow through if deadlines are not met CD can be practical in offering grace Need not take next step the day following deadline Best if next step is taken within 2 weeks Suggest putting deadline on Outlook calendar Not following up on deadlines hurts the CD s & Program s integrity, and can lead to enabling the farmer to not take ownership of their regulatory obligations. If contacted, SCC Reg. Coordinators are able to help establish proper timing for follow-up & next deadline. NM Adm Manual, Ch. 4, Sections II (A), III (A), IV (A), V (A), and directions given for completing each letter.
Not following up after deficient NM Status Reviews During the status review, verbally inform the operator of the non-compliance issues observed. CD shall draft and send a first notification letter (standard compliance Letter 4.A.CAO or Letter 4.A.VAO ) within 2 weeks identifying: 1. Non-compliance issues that were observed during the site visit, 2. Corrective actions to regain compliance with Act 38, 3. Time frames for completion of the compliance actions. Consult with SCC Coordinator concerning timeframes for completion of corrective actions. Re-inspection date should occur shortly after the corrective action timeframe. Include a copy of the completed On-site Status Review form with 1 st notification letter.
Not following up after deficient NM Status Reviews Perform re-inspection to verify compliance has been gained and record observations on the Nutrient Management Inspection Report Form (Chapter 6). Do not use On-Site Status Review form for these follow up inspections. If operation still has non-compliance issues, verbally inform the operator of the non-compliance issues observed during the inspection. CD should review the case with their SCC Regional Nutrient Management Program Coordinator to discuss relevant timeframes and possible referral to SCC.
Not following up after deficient NM Status Reviews CD staff shall review the case and the Final Notice letter with the CD Board of Directors prior to mailing. The Board should be apprised of this situation and given the opportunity to review the draft letter to ensure that they are supportive with the directives of the letter and with referring the case to the SCC if the farmer does not comply with the timeframe outlined in the letter. This action of the board should be recorded in the minutes of the meeting. CD shall mail Final Notice, which lists the non-compliance items, the corrective actions needed to rectify these items and timelines to comply (Chapter 4, Letter 4.B CAO/VAO) by certified USPS mail (return receipt required) and regular USPS mail with a copy of the inspection report. Re-inspection should be scheduled shortly after corrective action(s) time frames. Perform second re-inspection on date noted in Final Notice to verify compliance has been gained and utilize Nutrient Management Inspection Report form (Chapter 6). Do not use On-Site Status Review form. If non-compliance items are noted during this re-inspection. Follow Chapter 4, Pages 54 & 55 - Specific guidance relating to the processing of Act 38 enforcement cases. If compliance is gained throughout this process CD staff shall draft and mail Status Review Follow-up Report letter noting compliance has been gained & anticipated time for next status inspection (Chapter 6).
The need to offer NM educational outreach and activities Cooperate with other agencies or CDs to sponsor a minimum of two educational/training programs each year. Joint programs count as one program for each sponsoring CD. Provide Act 38 program criteria and incentives to support and encourage program participation. Develop a minimum of three informal educational efforts per year. Provide information to individuals that operate animal operations, certified NMSs and the general public. Examples include newsletters, newspaper articles, presentations, TV & radio public announcements, etc. Provide information to interested persons on Act 38 financial assistance programs supporting NMP development and implementation. Advise farmers of alternative funding sources for NMP implementation.
The need to offer NM educational outreach and activities (cont.) Identify operations believed to be CAOs consistent with the program compliance strategy. Target program outreach and information to these individuals. Retain copy of animal density status for all farmers identified as potential CAOs. Assist potential CAOs in determining their animal density status. When the CD cannot obtain cooperation from CAOs or potential CAOs the CD will carry out the provisions of the SCC enforcement strategy. CD must identify potential CAOs in the non-traditional livestock industry such as equine, as well as, the traditional livestock and poultry industry on an ongoing basis.
The need to offer NM educational outreach and activities (cont.) CD will provide information on the Odor Management Program to all identified CAOs and CAFOs on requirement for an OM Plan for any new or expanded construction of animal housing or manure storage facilities. CD will notify SCC regional coordinator, in writing, when they receive a NMP for a new CAO or CAFO or when a CAO or CAFO NMP is amended that shows construction of any new animal housing or manure storage facilities.
The need to offer NM educational outreach and activities (cont.) CD will assist farm operators and NM Specialists with implementing the provisions of the NM regulations. Provide assistance to farmers and commercial NMS working in the county. Provide available preprinted resource materials to all NMS requesting info to develop a plan in the county. Assist operators of animal operations in determining if they meet the mandatory provisions of Act 38.
The need to offer NM educational outreach and activities (cont.) Provide NM technical assistance in accordance with SCC guidelines and consistent with the NRCS Technical Guide. Provide technical direction or assistance to private sector NMSs and farmers in the development of the Manure Management and Stormwater sections of NMPs, when requested. Full NMP development by CD staff is considered a very low priority and can only be provided when all other delegated activities are satisfied. Any plan writing activities by CD staff must follow specific guidance set forth in the delegation agreement. CDs are encouraged to enact a technical assistance policy consistent with the duties described in the delegation agreement.
The need to offer NM educational outreach and activities (cont.) Providing NM technical assistance (cont.) CD will provide or facilitate, as resources allow, general technical assistance to operators with approved NMPs. Assistance may include I & E, designs, cost estimates, construction checks and project certification. Technical assistance must be consistent with authority provided under the NRCS Job Approval Rating System or PE certification. Where CD staff does not hold authority for a project, the CD may assist the appropriate agency staff but may not provide final certification of the project.
The need to offer Chapter 91 MM educational outreach and activities Develop and adopt a strategy to carry out duties relating to manure management outreach, education, training, planning compliance and, if applicable, farm inspections. Identify assistance efforts to operators including plan development, technical assistance for plan implementation and verifying accuracy of MMPs. ID and prioritization of types of operations the CD will support with MMP development and implementation assistance efforts and services. Written fee schedule that will be charged for Chapter 91 services which are beyond the required minimum outreach, education or training output measures. Coordination of Chapter 91 and Act 38 program outreach and education efforts as they pertain to overall compliance strategies.
The need to offer Chapter 91 MM educational outreach and activities (cont.) Develop and adopt a strategy to carry out duties relating to manure management outreach, education, training, planning compliance and, if applicable, farm inspections (cont.) Complaint response and referral activities, consistent with guidance provided by DEP. Identification of procedures for farm inspections that are consistent with guidelines provided by DEP.
The need to offer Chapter 91 MM educational outreach and activities (cont.) Outreach CD will take the lead role in coordination of outreach activities providing general awareness of the Chapter 91 requirements to the agricultural community and general public. Activities must include a minimum of three outreach activities per year such as farmer meetings, displays at local events, publication mailings, etc. Activities will include distribution of materials developed by the CD, DEP or other cooperating agencies or organizations.
The need to offer Chapter 91 MM educational outreach and activities (cont.) Education - CD will take the lead role in coordination of education activities to provide information pertaining to MM Planning principles and Chapter 91 compliance requirements to the agricultural community. Activities must include a minimum of two education or training activities per year. Examples include farmer meetings or workshops, etc. Activities will include distribution of materials developed by the CD, DEP or other cooperating agencies or organizations.
The need to offer Chapter 91 MM educational outreach and activities (cont.) Training - CD will facilitate workshops for agricultural operations in the development and implementation of MMPs separately or in cooperation with other CDs or agencies. Conduct a minimum of one technical training program per year to guide operators through development of a MMP. Trainings should include one-on-one training opportunities. Conduct technical training programs or include components for consultants who provide MMP services. The implementation of the consultant training activity may be coordinated with technical training for operators.
The need to offer Chapter 91 MM educational outreach and activities (cont.) MM Planning and Implementation Assistance. Provide technical assistance to operators and consultants in developing MMPs consistent with priorities established in CDs program implementation strategy. Provide technical assistance to operators and consultants in implementing MMPs consistent with priorities established in CDs program implementation strategy, as resources permit. Provide full plan development for operators consistent with the CD program strategy and priorities, as resources permit. Perform quality assurance of the accuracy of MMPs and the implementation of plans when requested by an operator consistent with program strategy and priorities, as resources permit.
The need to offer Chapter 91 MM educational outreach and activities (cont.) Farm Inspection Activities. CD may conduct farm inspections for the purpose of determining if the operation has a MMP. If CD chooses to conduct farm inspections, they will be conducted consistent with guidelines provided by DEP.
Need to meet at least annually with partner agencies Coordinate Nutrient and Odor Management education and outreach activities with other relevant cooperating agencies and organizations in the county. Coordination may take place at an annual CD planning meeting or other special meeting. Meeting should include PSU Cooperative Extension, NRCS, FSA and any other relevant agricultural agency/organization reps. The coordination may also take place using a more informal oneon-one or small-group process for discussing education and outreach needs and activities with those parties outside of a formal meeting.
Need for keeping notes page on all NMP operations Detailed notes page should be kept in each NMP file. Note page can be the traditional NRCS Con 6 format or any other format that is comparable. Notes should include and adequately document all relevant communication with the NMP operator. Concisely document relevant content of phone calls, letters, emails, texts and face to face meetings between CD staff and the NMP operator. Keep notes professional and to the point but detailed enough to adequately describe the situation. Notes are extremely important to assure continuity among CD staff. CDs have history of significant staff turnover.
Lessons learned from Appealed NMPs / OMPs Plan needs to be accurate, current, & consistent with other plans A sloppy plan reflects poorly on farmer, invites distrust with anti-ag neighbors, & causes farmer s mgmt. ability to be questioned. Reviewer & Planner need to know the plan better than those opposed Farmer is best served when the planner and reviewer work together to get the plan in the most defendable state before being acted upon. Need to be professional Never put anything in print that you would not want the public to see Plan, review comments, emails, hand-written notes
Lessons learned from Appealed NMPs / OMPs (continued) Review needs to be both thorough and fair Review comments need to be well written, being both accurate & definitive Always be honest and truthful, do not assume or exaggerate. Appeals can take a VERY LONG time (many months multiple years) Need to be consistent in titling e-versions of documents A must for doc retrieval and maintaining proper chronology. Appealed plans often require several rewrites & resubmissions ALL docs can be requested under discovery, not just the most recent CD is represented by DEP legal Counsel NM AM, Ch. 3, Section X
Plan reviews and NM status reviews of BOD members When plan reviews or on-site status reviews are needed for CD board members, CD staff or others with whom the district NMS may have a possible conflict of interest, the district NMS should notify the SCC Regional Coordinator assigned to that conservation district. The SCC Regional Coordinator will then work with the CD to help determine how best to proceed with the review or status review. Options may include: a. neighboring district staff operating under a cooperative agreement performing the review, b. the SCC and CD staff doing a joint review, c. SCC actually performing the review. d. the SCC overseeing the review.
Why well written comments/letters are essential. Need to communicate in an appropriate manner Poorly written comments / letters; Waste time & frustrate planners & operators Time spent trying to interpret the comment rather than addressing the concern Are unprofessional Comments / letters need to be clear, concise, and leave no room for ambiguity or misinterpretation If possible, have someone else from your office read before sending.
Why well written comments/letters are essential. Need to communicate in an appropriate manner (continued) Stick to what is required. If providing suggestions, clearly state that your comment is only offered as a way to possibly improve the plan or situation, and not required to be addressed as per your suggestion. Need to be professional Anything less is a disservice to the farmer. Public is counting on you For comments, refer to plan review training handout If plan is challenged, you may need to defend your comments.
Reviewer waiting too long to get started on review or not giving planners ample time to address comments Don t expect planners to drop what they are doing to address your comments when you took your time in providing them. Doing so is disrespectful to the planner For CAFO reviews, have comments ready to go as soon as public comment period ends. Complete site visit during comment period Have comments done before comment period ends, but be prepared to include any public comments that may be received. Let DEP know you plan to send ASAP & ask if they have comments Send comments day after public comment period ends Communicate with planner on possible delays in review NM Admin. Manual, Ch. 3, Section 1 (C)
BODs rubber stamping NMPs with no discussion or questioning Plan approval authority is given to CD BOD s, not technicians Plan approval authority is meant to be kept at the local level. The thinking is that the BOD should be a representation of the county, and a such, one or more BOD members may have first-hand knowledge of the NMP operation or its importers that may be helpful to the BOD in discussing what action to take. BOD s that do not discuss, or take action after 5 seconds of looking at a list of NMPs on a meeting agenda have not taken their responsibility seriously. Ref: NM Adm Manual, Ch. 3, I, C, 2
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