MINUTES

AGRICULTURAL ADVISORY BOARD

Rachel Carson State Office Building
Room 105, 1st Floor Conference Room
Harrisburg, PA

October 17, 2001

Chairperson Bill Adams called the meeting to order at 10:10 a.m.

Attendance:

Members

Chairperson Bill Adams, PA Farm Bureau
Michael Brendle, Poultry Producer
Robert C. Junk, Jr., PA Farmers Union
Robert F. Pardoe, Jr., Dairy Producer
Carl T. Shaffer, Vegetable Producer
Lyle Forer, PA Department of Agriculture
Frank Long, PA Association of Conservation Districts
Bruce Holbrook, PA Department of Environmental Protection

Agencies, Advisors, and Guests
Stuart Gansell, DEP, Bureau of Watershed Management
Pete Trufahnestock, Penn Future
Meredith Hill, DEP, Office of Policy
Dan Snowden, DEP, Citizens Advisory Council
Andy Zemba, DEP, Office of Water Management
Bill Achor, Wengers Feed Mill, Inc.
Mohammad Farooq, DEP, Bureau of Watershed Management
Curtis Kratz, Farmer
Doug Brennan, DEP, Bureau of Regulatory Counsel
Walt Peechatka, Penn Ag Industry Association
Dean Auchenbach, DEP, Bureau of Watershed Management

Public Comment Period

There were no public comments made.

Action on the April 18 and June 20 Meeting Minutes

The minutes were approved with the correction that Dr. Herb Cole’s name be added to the list of members present at the April 18th meeting.

Approve 2002 Meeting Dates

A list of proposed 2002 meeting dates for the Agricultural Advisory Board were sent to all Board members prior to the meeting. Bob Junk, Jr., made a motion that the 2002 meeting dates be approved as proposed. The motion was seconded by Carl Shaffer and was passed unanimously by the Board. The Board will meet in 2002 on February 20, April 17, June 19, August 28, October 16, and December 18.

Water Resources Legislation

Stuart Gansell, DEP, Bureau of Watershed Management briefed the Board on the Department’s proposal for the Water Resources Conservation and Protection Act. Gansell noted that the common theme from the series of water resource forums was that no one is satisfied with the way things are now. The foundation of the proposal is that it is self-implementing, contains no allocation provisions, does not re-invent the wheel, maximizes public participation, and uses voluntary water use efficiency. The proposal requires that within one year of passage of the Act users of 10,000 gallons per day (averaged over a 30 day period) and all public water suppliers must register the source, amount of withdrawal, diversion, or consumptive use. In order to determine compliance with the Act the Department may require metering, measuring, and record maintenance. The proposal also calls for the State Water Plan to be updated and adopted within three years of the effective date of the Act. The State Water Plan would also be required to be updated every five years. A State Water Resources Advisory Committee consisting of 24 members will be created to advise and consult the Department on the State Water Plan. The State Water Plan would identify Critical Water Planning Areas (CWPAs), where water availability does not meet the current or projected future water resource needs. The Department will then receive nominations and is authorized to designate an organization to prepare an Integrated Water Resources Plan (IWRP) for any watershed in a CWPA. The IWRP is a comprehensive assessment and plan, which contains management recommendations to implement the plan. Voluntary implementation of water use reduction plans by all water users within the CWPA will be encouraged.

The proposal also calls for voluntary water conservation measures through the establishment of a Water Resources Technical Assistance Center in DEP, and to provide consideration of PENNVEST funding priority for water conservation and water loss reduction projects. The proposal will also include water well requirements for siting, construction, alteration, and abandonment. Standards would also be established for water well sampling and reporting of water quality to be submitted to the owner and DEP. The proposal also establishes a well driller testing and continuing education program, and will create a 12 member Water Well Technical Advisory Committee to advise DEP on regulatory development. It was noted the proposed Act would not supersede local municipal ordinances for water use. Gansell stated that it is hoped the legislation will be introduced during the fall legislative session. Gansell noted the ultimate goal of the proposal is to protect all of our precious water resources.

Board members expressed several concerns regarding the proposal. These concerns included the possibility that water use registration will lead to water use restrictions or consumptive use fees; concerns over the identification of Critical Water Planning Areas and the potential organizations that could be designated to prepare an Integrated Water Resources Plan for those areas; concerns over the costs to implement the proposal; concerns that the proposal does not supersede local ordinances; and the need for better definitions in the proposal. It was also noted that farm organizations will have a hard time selling this proposal to their members in the western part of the state who have not been exposed to the water registration requirements used in the Susquehanna and Delaware River basins. An aggressive educational process would be required of the state to implement the proposal. It was also suggested that existing water use levels be protected to ensure that current users do not lose water use. Robert Junk, Jr. made a motion that the Board expresses its strong reservations regarding the proposal and does not support the proposal at this time. The motion was seconded by Frank Long and was passed unanimously by the Board. Robert Junk, Jr. then made a motion that the Board expresses its concerns over the proposal in writing to the Department. The motion was seconded by Robert Pardoe, Jr. and was passed unanimously by the Board. Bill Adams stated he would compile the Board’s concerns and send a letter to DEP.

Stormwater Policy

Stuart Gansell noted the Department is updating its stormwater policy to improve water quality, sustain water quantity, and integrate federal stormwater rules. The stormwater policy will be based on existing regulations with no new regulations to be developed. The focus of the stormwater policy will be to establish best management practices for stormwater control that encourage the infiltration of stormwater back into the ground. The Department will also be working to implement the new federal Phase II National Pollutant Discharge Elimination System (NPDES) Permit Program. Under these new federal rules the requirement for construction permits for earthmoving will drop from five acres down to one acre. Phase II Municipal Stormwater NPDES Permits will be required of approximately 700 municipalities in the state. Pennsylvania is proposing to use the Act 167, watershed based stormwater management plans to implement the Phase II NPDES Permits for municipalities with separate storm sewer system discharges. Gansell noted that all the details regarding the stormwater policy are not yet available. Once the details of the policy are available Gansell will return to the Board to review them. It is anticipated the policy will be released at a time when the public comment period overlaps the Board’s December meeting date. Chairperson Bill Adams requested the Board review this issue at the Board’s December meeting if the policy is available.

Update on DEP’s Environmental Futures Planning Process

Bruce Holbrook, DEP, Bureau of Watershed Management noted that the Board had received a presentation on the Environmental Futures Planning Process at its June 20, 2001 meeting. The Department was now seeking input into how the Agricultural Advisory Board should be involved in the Environmental Futures Planning Process.

The Board was provided with a list of proposed priority objectives for the Bureau of Watershed Management. These objectives, along with a few other objectives not on the priority list, were reviewed with the Agricultural Advisory Board and their comments, input and remarks were solicited. It was noted that many of the issues on the list had been, and will continue to be, topics of interest to the Agricultural Advisory Board.

The Board offered the following suggested additions:

The Agricultural Advisory Board also discussed additional areas of interest and concern with the Environmental Futures Planning Process and how the Board could be more involved. Highlights of these suggestions included:

Comments/Issues/Concerns of the Board

Robert Junk, Jr., announced that his term as President of the PA Farmers Union expires on November 16th and he is not seeking re-election. It is unclear at this time who will be representing the PA Farmers Union on the Board in the future, but Junk has offered to continue to serve if the organization so desires. Junk expressed his appreciation to the Board for the support and cooperation he has received in working on agricultural issues. Robert Pardoe, Jr., made a motion that the Board send a letter of appreciation to Robert Junk in recognition of his work on the Board over the last several years. The motion was seconded by Carl Shaffer and approved unanimously by the Board.

Adjournment

There being no further business the meeting was adjourned at 1:45 p.m.

  Respectfully submitted,
   
  Dean M. Auchenbach
DEP Liaison to the Board