Catalog of Sample Policies for Pennsylvania's Conservation Districts

Dealing with Erosion & Sedimentation Complaints and/or Violations on Agricultural Land
(Guidelines)
(Lancaster County Conservation District)

The Lancaster County Conservation District has been in operation for over 50 years, and soil and water conservation practices have been widely accepted by a majority of farmers. However, due to economic conditions compelling farmers to grow more corn and other clean-tilled crops, and cash-renting of farmland with no provision for erosion and sedimentation control, we are seeing erosion problems in isolated instances as severe if not worse than when the District was formed in 1938. The District is attempting to educate the public on soil conservation and improving water quality by emphasizing the aspect of stewardship and profitability of conservation. Unfortunately, some farmers/landowners continue to allow their soil to erode, thus causing problems downslope or downstream and lowering the productivity of the soil resource.

It is important that the District have a policy in dealing with agricultural complaints that is consistent and fair, flexible where needed, but firm in dealing with those landowners who wantonly and knowingly allow their soil to erode. The following guidelines will be used when dealing with agricultural landowners.

1. Receive and record complaints from the general public, agencies, local municipalities, or other legitimate sources. Document and file the complaint using current administrative procedure. Refer to PA Farm Bureau complaint handling program or other agency if we are not the appropriate I agency to investigate.

2. Contact the landowner and visit the site as soon as possible within 15 days of the date of complaint. Invite the landowner to be present at the first visit. If a director lives in the area, ask for his/her assistance if appropriate.

3. During the first site visit ascertain the specifics of the problem. If the problem is not related to accelerated soil erosion, or if the District has no regulatory authority over the problem or parts of the problem, refer the problem to the appropriate agency. Inform the complainant of the District's preliminary findings.

4. During the first site visit if the problem is determined to be accelerated soil erosion or is a result of accelerated soil erosion, begin the process to obtain voluntary compliance using the following procedure.

A. Discuss the general problems/violations with the landowner.

B. Explain that a conservation plan is the measure of compliance. In the absence of a conservation plan, soil loss calculations can be used to estimate the rate of soil loss for compliance determination purposes.

C. Briefly discuss possible alternatives available to correct the problem.

D. Extend to the landowner an offer of technical assistance and explain that financial assistance for correcting the problem may be available. Encourage the signing of an SC 1 to initiate assistance.

E. If temporary sediment control measures need to be taken quickly to control off-site sediment pollution, recommendations should be made and a reasonable deadline set.

• District representative may have to consult with other District or NRCS staff before making specific recommendations.
• Any earthmoving recommendations must include One-Call procedures,

F. In all cases, follow-up the first visit with written correspondence to the landowner and operator. Letters should contain applicable points listed below.

• Establish whether or not a conservation plan has been developed.
• Discuss whether or not the current plowing and tilling practices comply with the objective of the current conservation planning tools with regard to soil loss minimization requirements.
• Discuss whether or not a conservation plan is being implemented.
• Identify areas where the conservation plan is not maintained.
• Id entity locations where pollution is evident.
• Discuss recommendations or agreed upon actions necessary to correct problem.
• Establish a 2 week deadline by which a signed SC-1 is to be returned to the District,
• Establish a reasonable deadline by which agreed upon actions will be taken.
• Discuss offers of technical and/or financial assistance.

5. If a signed SC-1 has not been returned to the District within the 2 week deadline, or other necessary action deadlines have not been met, a second contact should be made to determine the intent to comply.

1. This contact should be documented with follow-up correspondence to the landowner,

2. If the landowner does not take reasonable action to comply, the E&S Division will be notified.

3. Continue to document violations and correspond with the landowner using standard inspection report procedures.

6. Any of the following constitute sufficient grounds to conduct an enforcement conference stemming from a complaint situation..

A. If after 6 months or other deadlines set. the landowner cannot furnish the District with a conservation plan.

B. The landowner or tenant farmer fails to begin implementing the provisions of a conservation plan in order to prevent further accelerated erosion as defined in his plan sequence calendar.

C. If after 6 months, the landowner or tenant farmer fails to maintain components of the conservation plan,

D. If a problem warrants immediate correction, and if after a reasonable period of time the landowner or tenant farmer fails to implement essential temporary sediment controls at the recommendation of the District.

7. Sometimes it is necessary to document violations with a camera. Discretion should be used when doing this, particularly on the first visit. Use of camera documentation on follow-up visits where little or no action or inadequate action has happened and pollution events have occurred is encouraged.

8. The above process is primarily complaint driven. However, should District staff, directors, or associate directors observe apparent violations during the normal course of their district activities, they are encouraged to contact the landowner or operator to encourage voluntary compliance.