Who is required to comply with the provisions of Act 38?

The correct answer identifies Concentrated Animal Operations (CAOs) as the entities required to comply with the provisions of Act 38. Act 38 was enacted to promote environmentally sound management of animal manure and ensure that agricultural practices safeguard water resources. CAOs are defined by the Pennsylvania Department of Environmental Protection as operations with a specific number of animal units, generating significant amounts of manure and nutrient byproducts. This designation triggers compliance with mandated nutrient management plans to mitigate the potential impacts of nutrient runoff on water quality.

Although all farmers are encouraged to implement sound nutrient management practices, not every agricultural operation falls under the regulatory framework of Act 38. The law specifically targets CAOs because of their larger scale and greater potential environmental impact from nutrient management practices. Other farming operations, such as smaller farms or organic producers, may not be subject to the same stringent requirements unless they fall into the concentrated animal operation category.

Understanding this distinction is essential for ensuring compliance and implementing effective nutrient management strategies tailored to the scale and type of agricultural operation.