Pennsylvania Statutes Title 72 P.S. Taxation and Fiscal Affairs § 1602-S. Definitions

The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Aggregator.”  A person or entity that facilitates or coordinates a best management practice implemented by other persons for nutrient or sediment reduction.  The term includes an agricultural or conservation business, educational institution or nonprofit agricultural or conservation organization that:

“Authority.”  The Pennsylvania Infrastructure Investment Authority.

“Best management practice.”  A practice or combination of practices determined by the commission or by the United States Department of Agriculture Natural Resources Conservation Service to be effective and practical, considering technological, economic and institutional factors, to manage nutrient and sediment to protect surface water and groundwater.

“Chesapeake Bay TMDL.”  The most current Chesapeake Bay TMDL for nitrogen, phosphorus and sediment as established by the Environmental Protection Agency.

“Commission.”  The State Conservation Commission.

“Department.”  The Department of Environmental Protection of the Commonwealth.

“Locally impaired watershed.”  The land area not larger than a watershed corresponding to a 12-digit Hydrologic Unit Code as designated by the United States Geological Survey, that includes a body of water on the Commonwealth's list of impaired waters under section 303(d) of the Federal Water Pollution Control Act (62 Stat. 1155, 33 U.S.C. § 1251 et seq.).

“Nutrient.”  Nitrogen or phosphorus.

“Nutrient or sediment reduction.”  A reduction in a nitrogen, phosphorus or sediment pollution load discharged to surface water or groundwater that can be directly quantified or modeled using any model approved or accepted by the department or the Environmental Protection Agency for the purpose of determining the amount of nutrient or sediment pollution reduction, in pounds per year, achieved by implementing a best management practice.

“Program.”  The Clean Water Procurement Program established under section 1603-S.  1

“Qualified bidder.”  A person or aggregator with a verification plan approved by the department that meets the following criteria:

“Sediment.”  Soils or other erodible materials transported by storm water as a product of erosion.

“Small farm.”  An agricultural operation, except for a CAFO, as defined in 25 Pa. Code § 92a.2 (relating to definitions).

“TMDL.”  Total maximum daily load.

“Verification plan.”  A written plan that details the method that a qualified bidder will use to verify performance of a best management practice for nutrient or sediment reduction in accordance with a protocol approved or accepted by the department.

“Verified nutrient or sediment reduction.”  Nutrient or sediment reduction measured in pounds created by a best management practice pursuant to a verification plan and approved by the department.