Catalog of Sample Policies for Pennsylvania's Conservation Districts

Dealing with Livestock Waste Complaints and/or Violations
(Guidelines)
(Lancaster County Conservation District)

The Lancaster County Conservation District has been in operation for over 55 years. The proper storage, handling and application of animal waste to cropland are practices that are widely used by a majority of the farmers. However, due to factors compelling farmers to increase livestock numbers on the same amount of land, combined with widespread management of manure in liquid form rather than a packed manure, we are seeing new problems resulting with these two major changes in livestock management. The District has attempted, and continues to attempt to educate livestock producers on the importance of nutrient management, manure storage units and the proper amounts and techniques when applying manure nutrients to agricultural land. Unfortunately, some farmers custom manure applicators and livestock producers continue to mismanage manure and pollute the waters of the Commonwealth of Pennsylvania. Their actions degrade the quality of waters used by all our citizens and propagate the unfair notion that all farmers are polluters.

It is important that the District have a policy in dealing with all agricultural complaints that is consistent, firm, fair and when needed, flexible. The following guidelines will be used when dealing with livestock manure complaints and/or violations.

Receive and record complaints from the general public, agencies, local municipalities or other legitimate sources. Document and file the complaint using either the "Complaint Handling And Problem Assessment" form if landowner/operator is not known or does not have an Act 6 plan, or the "Nutrient Management Inspection Report" if the landowner or operator is known to be regulated under Act 6. If the complaint involves excess application, surface or ground water contamination, visit the site immediately, or the next morning if daylight will expire before arrival. Before departure, look for conservation plans, nutrient management plans, Act 6 plans and Bay plans to obtain as much information as possible. Also contact the technician and/or engineer who serves that area to notify him/her of the situation and obtain additional information if available.

Odor or Fly Complaints

• If the complaint involves alleged odor or flies, inform the caller that the District has no authority over these matters, give the caller the appropriate contact names and numbers, and offer to visit site anyway if the caller requests.

Excessive Manure Application

• If the complaint involves only alleged excess manure application and the operator is regulated, request records of application and compare to planned recommendations in Act 6 plan.
• If not regulated, suggest that either an Act 6 plan or other nutrient management plan be developed or follow Department of Environmental Protection's Manure Management Manual.
• If a regulated operator is within application recommendations, document and close case, and if over application exists, make appointment to conduct a full compliance assessment and report to the State Conservation Commission if District Board so directs.

Well Contamination

• If the complaint involves alleged well water contamination and the accused operator is regulated, investigate to see if proper spreading restrictions were followed or if a leaking or mismanaged manure storage is at fault If well is observably contaminated and spreading restrictions were not followed or a leaking or mismanagement of the storage was at fault, the District is to contact DEP and report to the State Conservation Commission if District Board so directs. The District will make appointment to conduct a full compliance assessment as directed under Act 6.
• If the spreading restrictions were followed and the well is observably contaminated, and there is no obvious source of the contamination, refer affected landowner to DEP. The agricultural operator needs to be contacted and be made aware of the complaint.

Surface Water Contamination

• If the complaint involves alleged surface water contamination and surface water is observably contaminated, the District is to contact DEP. The agricultural operator then needs to be contacted and be made aware of the complaint. If the accused operator is regulated under Act 6, investigate to see if proper spreading restrictions were followed or if a leaking or mismanaged manure storage is at fault. If manure spreading restrictions were followed, make appointment to conduct a full compliance assessment, make suggestions if any based on particular situation, amend the Act 6 plan if deemed necessary and report to the SCC at the discretion of the District. If spreading restrictions were ignored, make appointment to conduct a full compliance assessment and report to State Conservation Commission if District Board so directs.

Conservation Plan
During the investigation of a legitimate manure contamination event, the technician needs to determine if the operator has a conservation plan for any plowing or tillage operation. If a conservation plan is available, determine if plan has been implemented. If there is incomplete implementation of the plan, the landowner is to contact the technician to assist with implementing the whole plan. If no plan exists, supply the operator with an SC-1 to be returned to the District within 2 weeks. Once the signed SC-1 is received in the District, the technician serving the area will visit the operator to write and implement a conservation plan within 6 months. If the technician has not been requested to assist with the implementation of an existing plan or the signed SC-1 has not been to the District within 2 weeks, follow the "Guidelines For Dealing With Erosion And Sedimentation Control Complaints And/Or Violations On Agricultural Land" paragraphs 5 & 6.

Other Than Manure
If upon investigation, the concern is not manure related but another source of pollution, the technician is to contact the appropriate District staff or agency and refer the case to them.

In all cases listed above, all efforts are to be made to address the issues the person complaining has raised that are in our jurisdiction. All efforts are to be made to acquire voluntary compliance from a non-compliant agricultural operator. When there is observable and significant (defined by the technician) manure contamination of streams, the District is obligated to contact the Department of Environmental Protection. Additionally, when the obvious manure contamination of streams comes from an Act 6 regulated operation, the District, in addition to contacting DEP, has the discretion of contacting the State Conservation Commission if the District Board deems it necessary. When the District, through an investigation originating from any complaint, discovers an operation that should be regulated under Act 6 but currently has not developed an Act 6 plan, the District has the discretion of contacting the State Conservation Commission if the District Board deems it necessary.

Documentation of the complaint and resulting actions, if any, must be completed from the date the case is opened till the date the case is closed. Written reports of conversations with all parties concerned must be documented along with letters drafted and sent to those parties concerned. Photographs, videos and any other supporting documentation must be properly filed and/or stored at the District. All correspondence between the District and government agencies concerning an investigation must be documented and filed. Letters to the person lodging the complaint and to the person and/or operation that was identified in the complaint must be sent to inform them of the District's findings of the investigation.