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

2. (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. (1) An act of God or other conditions beyond the landowner’s control.
   2. (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.
3. (c) The term of the agreement shall cover the life of BMPs implemented under the agreement.
4. (d) The landowner may request Commission review of a determination by a district under this section.

Source

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).

Cross References

This section cited in 25 Pa. Code § 83.149 (relating to special requirements).