[35 Pa.B. 6751]
[Continued from previous Web Page]
COMMERCIAL MANURE HAULERS--LEVEL 1 § 130e.21. Determination of competence.
(a) Level 1 commercial manure hauler. Determination of competence for a level 1 commercial manure hauler shall be based on the successful completion of certification training as set forth in this section. Certification requirements for a level 1 commercial manure hauler must include a nonclassroom certification orientation-training course developed or approved by the Department. The nonclassroom certification orientation-training course shall include a training manual and a written examination. The written examination will be available at and must be taken at one of the following locations: a county conservation district office, a location of the educational institution or entity that developed an approved course, the Department or a regional office location of the Department. The written examination shall be completed by the applicant without the aid or assistance of another person, written materials, notes, electronic devices (other than a calculator) or the training manual. Certification may also include other course work related to requirements in this chapter, which are determined by the Department to be necessary and appropriate. The course work must be included in the training manual, if it is to appear on the written examination.
(b) Certification orientation training course. A level 1 commercial manure hauler nonclassroom certification orientation-training course and the written examination must, at a minimum, address and determine the applicant's level of understanding, competence and proficiency with regard to the following topics:
(1) Laws and regulations pertaining to manure application, including pertinent provisions of Act 38 and its attendant regulations in 25 Pa. Code Chapter 83, Subchapter D (relating to nutrient management), The Clean Streams Law and 25 Pa. Code Chapter 102 (related to erosion and sedimentation control) and the manure management manual and protection of agricultural operations from nuisance suits and ordinances provisions of the act of June 10, 1982 (P. L. 454, No. 133) (3 P. S. §§ 951--957).
(2) Courses presenting information necessary for understanding and properly reading and applying the provisions of a nutrient management plan and nutrient balance sheet. The courses shall cover manure handling and testing results, land application information, setback requirements and maps contained in nutrient balance sheets and nutrient management plans. The courses must include examples and hands on experience in reading, interpreting and properly applying the provisions of a nutrient management plan and nutrient balance sheet.
(3) BMPs with respect to manure hauling such as the minimum legal setback requirements from water sources, including wells, groundwater, surface waters, wetlands, public water supplies, perennial and intermittent streams and property lines and controlling nutrient runoff.
(4) Recordkeeping requirements necessary to meet the statutory and regulatory requirements of the act and Act 38.
(5) The following matters pertaining to manure transport and land application:
(i) Community relation and public image awareness, to encourage dialogue and promote cooperation.
(ii) Basic awareness and understanding of safety issues related to manure management, manure handling and bio-security, as well as, transport safety procedures and highway and equipment safety.
(iii) Understanding emergency action plans.
(iv) Understanding the proper placement of stacking areas and temporary storage of manure.
(v) Other areas and course work related to proper transport and land application of manure and recordkeeping as determined appropriate by the Department.
§ 130e.22. Certification requirements.
(a) General. To obtain a level 1 commercial manure hauler certification, a person shall request and review the level 1 orientation training course training manual and take and pass the written examination. A person shall obtain certification as a level 1 commercial manure hauler prior to transporting manure. A person certified as a level 1 commercial manure hauler shall be qualified to transport manure only. The transportation of manure shall be done as a contract agent for an agricultural operator or a certified commercial manure broker. A level 1 certified commercial manure hauler, who is the employee of a level 3 certified commercial manure hauler, may transport manure as an employee of the certified hauler, so long as the certified level 3 commercial manure hauler is acting as a contract agent for an agricultural operator or certified commercial manure broker. A level 1 certified commercial manure hauler may not land apply manure.
(b) Application for certification. Upon completion of the requirements in § 130e.21 (relating to determination of competence) and subsection (a), an applicant for a level 1 commercial manure hauler certification shall submit a signed and verified application for certification as a level 1 commercial manure hauler to the Department. The application shall be signed and verified by the applicant, in the presence of the proctor, immediately after taking the written examination. The proctor shall also sign the application and verification. The signed and verified application along with the completed level 1 written examination shall be given to the designated proctor at the location where the written examination is taken. The signed verification shall attest to the fact the applicant completed the written examination on his own and did so without the aid or assistance of another person, written materials, notes, electronic devices (other than a calculator) or the training manual. The proctor shall submit the application packet, which must include the signed verification and application and the original written examination to the Department within 5 calendar days of the completion of the examination by the applicant. The appropriate fee shall accompany the application for certification as a level 1 commercial manure hauler.
(c) Determination of competence and issuance of certification. Within 15 days of receiving an administratively complete application, the Department will review the documents and score the written examination to determine whether the applicant has met the requirements to obtain a level 1 commercial manure hauler certification. The Department will then notify each applicant in writing of the results of the Department's review. An applicant who has successfully completed the requirements of this subchapter and passed the written examination will be issued a level 1 commercial manure hauler certification. If the applicant is rejected, the Department will notify the applicant in writing and specifically set forth the reasons for the rejection. When an applicant is rejected, that applicant shall be required to meet the requirements established under § 130e.21 and subsection (a), prior to resubmission of an application for certification as a level 1 commercial manure hauler.
COMMERCIAL MANURE HAULERS--LEVEL 2 § 130e.31. Determination of competence.
(a) Level 2 commercial manure hauler. Determination of competence for a level 2 commercial manure hauler shall be based on the successful completion of a certification orientation training course and a written examination as set forth in this section. Certification requirements for a level 2 commercial manure hauler must include a nonclassroom certification orientation-training course developed or approved by the Department. The nonclassroom certification orientation-training course shall include a training manual and a written examination. The written examination shall be available at and shall be taken at one of the following locations: a county conservation district office, a location of the educational institution or entity that developed an approved course, at the Department or a regional office location of the Department. The written examination shall be completed by the applicant without the aid or assistance of another person, written materials, notes, electronic devices (other than a calculator) or the training manual. Certification may also include other course work related to requirements in this chapter, which are determined by the Department to be necessary and appropriate. The course work shall be included in the training manual, if it is to appear on the written examination.
(b) Certification orientation training course. A level 2 commercial manure hauler nonclassroom certification orientation-training course and the written examination must, at a minimum, address and determine the applicant's level of understanding, competence and proficiency with regard to the following topics:
(1) Laws and regulations pertaining to manure application, including pertinent provisions of Act 38 and its attendant regulations in 25 Pa. Code Chapter 83, Subchapter D (relating to nutrient management), The Clean Streams Law and 25 Pa. Code Chapter 102 (related to erosion and sedimentation control), the manure management manual and protection of agricultural operations from nuisance suits and ordinances provisions of the act of June 10, 1982 (P. L. 454, No. 133) (3 P. S. §§ 951--957).
(2) Basic nutrient management and manure management protocols and requirements and soil fertility and management.
(3) Courses presenting information necessary for understanding and properly reading and applying the provisions of a nutrient management plan and nutrient balance sheet. The courses must cover manure handling and testing, land application information, manure application setback requirements and maps contained in nutrient balance sheets and nutrient management plans. The courses must include examples and hands on experience in reading, interpreting and properly applying the provisions of a nutrient management plan and nutrient balance sheet.
(4) BMPs with respect to manure hauling and land application of manure, such as the minimum legal setback requirements from water sources, including wells, groundwater, surface waters, wetlands, public water supplies, perennial and intermittent streams and property lines, controlling nutrient runoff, installing riparian buffers, updating and following erosion and sedimentation control plans, seasonal manure application concerns and incorporation and no-till farming techniques.
(5) Recordkeeping requirements necessary to meet the statutory and regulatory requirements of the act and Act 38.
(6) The following matters pertaining to manure transport and land application:
(i) Courses teaching development and filing of a nutrient balance sheet and appropriate manure production application and testing information, manure application setback requirements and maps contained in a nutrient management plan. The courses must cover the filing requirements in the act and require the applicant to display competence in reading and properly interpreting the provisions of a nutrient balance sheet and nutrient management plan.
(ii) Community relation and public image awareness, to encourage dialogue and promote cooperation .
(iii) Basic awareness of safety issues related to manure management, manure handling and bio-security, as well as, transport safety procedures and highway and equipment safety.
(iv) Understanding emergency action plans.
(v) Proper calibration techniques and requirements for all types of equipment normally utilized to land apply manure to assure proper application rates.
(vi) Understanding of land application issues, such as incorporation, compaction and winter application.
(vii) Understanding the proper placement of stacking areas and temporary storage of manure.
(viii) Other areas and course work related to proper transport and land application of manure and recordkeeping as determined appropriate by the Department.
§ 130e.32. Certification requirements.
(a) General. To obtain a level 2 commercial manure hauler certification, a person shall request and review the level 2 certification orientation-training course training manual and take and pass the level 2 certification written examination. A person shall obtain certification as a commercial manure hauler level 2 prior to landapplying manure. Manure land applied by a level 2 certified commercial manure hauler shall only be applied under the direct supervision of a level 1 or level 2 certified commercial manure broker or a level 3 certified commercial manure hauler acting as a contract agent for an agricultural operator or commercial manure broker. All manure landapplied by a level 2 certified commercial manure hauler shall be applied in accordance with an approved nutrient management plan developed by a certified nutrient management specialist or a nutrient balance sheet developed by a certified nutrient management specialist or a level 2 certified commercial manure broker.
(b) Application for certification. Upon completion of the requirements in § 130e.31 (relating to determination of competence) and subsection (a), an applicant for a level 2 commercial manure hauler certification shall submit a signed and verified application for certification as a level 2 commercial manure hauler to the Department. The application shall be signed and verified by the applicant, in the presence of the proctor, immediately after taking the written examination. The proctor shall also sign the application and verification. The signed and verified application along with the completed level 2 written examination shall be given to the designated proctor at the location where the written examination was taken. The signed verification shall attest to the fact the applicant completed and answered the questions on the written examination on his own and did so without the aid or assistance of another person, written materials, notes, electronic devices (other than a calculator) or the training manual. The proctor shall submit the application packet, which includes the signed verification and application and the original written examination to the Department within 5 calendar days of the completion of the examination by the applicant. The appropriate fee shall accompany the application for certification as a level 2 commercial manure hauler.
(c) Determination of competence. Within 15-days of receiving an administratively complete application, the Department will review the documents and score the written examination to determine whether the applicant has met the requirements to obtain a level 2 commercial manure hauler certification. The Department will then notify each applicant in writing of the results of the Department's review. An applicant who has successfully completed the requirements of this subchapter and passed the written examination shall be issued a level 2 commercial manure hauler certification. If the applicant is rejected, the Department will notify the applicant in writing and specifically set forth the reasons for the rejection. When an applicant is rejected, that applicant shall be required to meet the requirements under § 130e.31 and subsection (a), prior to resubmission of an application for certification as a level 2 commercial manure hauler.
COMMERCIAL MANURE HAULERS--LEVEL 3 § 130e.41. Determination of competence.
(a) Commercial manure hauler level 3 certification. Determination of competence for a level 3 commercial manure hauler shall be based on the successful completion of a Department developed or approved certification orientation training course and a written examination meeting the requirements in this section. Both the certification orientation training course and the written examination shall be administered in a classroom setting. Certification may also include other course work related to requirements in this chapter, which are determined by the Department to be necessary and appropriate. The certification orientation-training course must cover the additional requirements or they may not be included in the written examination. The certification orientation-training course shall be completed prior to the applicant taking the written examination.
(b) Certification orientation training. The certification orientation-training course must, at a minimum, address the applicant's understanding, competence and proficiency with regard to the following topics:
(1) Laws and regulations pertaining to manure application, including pertinent provisions Act 38 and its attendant regulations in 25 Pa. Code Chapter 83, Subchapter D (relating to nutrient management), The Clean Streams Law and applicable regulations in 25 Pa. Code Chapter 102 (related to erosion and sedimentation control) and the manure management manual and protection of agricultural operations from nuisance suits and ordinances provisions of the act of June 10, 1982 (P. L. 454, No. 133) (3 P. S. §§ 951--957).
(2) Basic nutrient management and manure management protocols and requirements and soil fertility and management.
(3) Courses presenting information necessary for understanding and properly reading and applying the provisions of a nutrient management plan and nutrient balance sheet. The courses must cover manure handling and testing, land application information, manure application setback requirements and maps contained in nutrient balance sheets and nutrient management plans. The courses must include examples and hands on experience in reading, interpreting and properly applying the provisions of a nutrient management plan and nutrient balance sheet.
(4) BMPs with respect to manure hauling and land application of manure, such as the minimum legal setback requirements from water sources, including wells, groundwater, surface waters, wetlands, public water supplies, perennial and intermittent streams and property lines, controlling nutrient runoff, installing riparian buffers, updating and following erosion and sedimentation control plans, seasonal manure application concerns and incorporation and no-till farming techniques.
(5) Recordkeeping requirements necessary to meet the statutory and regulatory requirements of Act 38.
(6) The following matters pertaining to manure transport and land application:
(i) Courses teaching development and filing of a nutrient balance sheet and appropriate manure production application and testing information, manure application setback requirements and maps contained in a nutrient management plan. The courses must cover the filing requirements in the act and require the applicant to display competence in reading and properly interpreting the provisions of a nutrient balance sheet and nutrient management plan.
(ii) Community relation and public image awareness, to encourage dialogue and promote cooperation.
(iii) Basic awareness of safety issues related to manure management, manure handling and bio-security, as well as, transport safety procedures and highway and equipment safety.
(iv) Understanding emergency action plans.
(v) Proper calibration techniques and requirements for all types of equipment normally utilized to land apply manure to assure proper application rates.
(vi) Understanding of land application issues, such as, incorporation, compaction and winter application.
(vii) Understanding the proper placement of stacking areas and temporary storage of manure.
(viii) Other areas and course work related to proper transport and land application of manure and recordkeeping as determined appropriate by the Department.
(c) Written examination. The Department or its designee will proctor the written examination. The Department will administer the examination at least twice per year, or more often as deemed necessary by the Department. At a minimum, the successful completion of the examination will demonstrate an examinee's understanding of transport and land application of manure on agricultural operations and examinee's technical knowledge and proficiency relating to interpretation and implementation of nutrient management plans and nutrient balance sheets, as well as, examinee's knowledge of recordkeeping requirements. The written examination must, at a minimum, address the topics and areas required to be addressed by the certification orientation-training course, as set forth in subsection (b).
(d) Other examinations. The Department may approve the use of written examinations other than the Pennsylvania Commercial Manure Broker and Commercial Manure Hauler examination, if the written examinations meet the requirements in subsection (c).
§ 130e.42. Certification requirements.
(a) General. A person shall obtain certification as a commercial manure hauler level 3 prior to land applying manure without direct supervision and prior to supervising the land application of manure by another certified commercial manure hauler. A level 3 certified commercial manure hauler may transport or land apply, or both, manure as a contract agent for an agricultural operator or commercial manure broker and under the direction of that operator or broker. When acting as a contract agent for an agricultural operator required under section 5 of the act (3 P. S. § 2010.5) to use a certified commercial manure hauler or certified commercial manure broker, the commercial manure hauler shall land apply the manure in accordance with and based upon an approved nutrient management plan developed by a certified nutrient management specialist or nutrient balance sheet developed by a certified nutrient management specialist or a level 2 certified commercial manure broker. When acting as a contract agent for a certified commercial manure broker, that has assumed temporary control or ownership of manure from an agricultural operator required by section 5 of the act to use a certified commercial manure hauler or certified commercial manure broker, the commercial manure hauler shall land apply the manure in accordance with and based upon an approved nutrient management plan developed by a certified nutrient management specialist or nutrient balance sheet developed by a certified nutrient management specialist or a level 2 certified commercial manure broker.
(b) Application for certification. Upon completion of the requirements in § 130e.41 (relating to determination of competence), an applicant for a level 3 commercial manure hauler certification may submit an application to the Department. The Department or its designee will provide an application to all applicants, upon completion of the written examination. The application will include a verification form, which shall be signed by the applicant, attesting that the applicant has attended and successfully completed the appropriate certification orientation training course. The applicant shall check the box on the application indicating the level of certification sought. Aplicants shall have 10 calendar days to submit the application to the Department. The appropriate fee accompany the application for certification as a level 3 commercial manure hauler.
(c) Time period for filing application. An application for certification shall be filed with the Department within 10-calendar days of completion of the written examination. If the applicant fails to file the application with the Department within the prescribed 10-calendar days, that person shall again satisfy the appropriate competency requirements established under § 130e.41.
(d) Determination of competence and issuance of certification. Within 30-days of receiving an administratively complete, verified and signed application, the Department will review the documents and score the written test. The Department will then notify each applicant in writing of the results of the Department's review.
(1) An applicant who has successfully completed the level 3 commercial manure hauler certification orientation training course and passed the written examination will be issued a level 3 commercial manure hauler certification.
(2) If an applicant is rejected, the Department will notify the applicant in writing and specifically set forth the reasons for the rejection. When a level 3 commercial manure hauler applicant is rejected, that applicant shall be allowed to take the next available written examination and submit an application, in the manner required under subsection (c), to the Department without having to repeat the certification orientation training course as required by § 130e.41. If the applicant fails to pass the written examination for a second time, that applicant shall be required to again meet the requirements established by § 130e.41 and take the next available written examination, prior to resubmission of an application for certification as a level 3 commercial manure hauler.
(e) Level 3 commercial manure hauler to level 2 commercial manure broker.
(1) A level 3 certified commercial manure hauler may attain a level 2 commercial manure broker certification by attending a Department-approved nutrient balance sheet writing course and then developing and submitting a nutrient balance sheet, based on a scenario generated or approved by the Department, to the Department for review and a determination of adequacy. To be eligible to apply, the applicant shall be currently certified as a level 3 commercial manure hauler and in good standing.
(2) The Department will notify an applicant in writing of approval or rejection of an application. If the nutrient balance sheet is determined to be adequate, the written notice will include the level 2 commercial manure broker certificate. If the Department rejects the application, the Department will notify the applicant in writing and set forth the reasons for the rejection. When the applicant wishes to reapply for a level 2 commercial manure broker certification, the procedures and steps related to reconsideration for a level 2 commercial manure broker certification, established under § 130e.12(d)(3)(ii) (relating to certification requirements) shall apply and shall be followed.
CERTIFICATION TIME FRAMES AND RECERTIFICATION REQUIREMENTS § 130e.51. Certification time frames and recertification requirements.
The following time frames apply to the different levels of commercial manure broker and commercial manure hauler certification. Recertification intervals and continuing education courses shall be based on the level of certification.
(1) Level 1 and Level 2 commercial manure brokers. Certification is valid for 3 years from the calendar year in which the certification was issued unless the certificate was issued in the last 2 months of the initial certificate year in which case the certificate is valid for an additional year. To attain the recertification required, a commercial manure broker shall again satisfy the applicable certification requirements in §§ 130e.11 and 130e.12 (relating to determination of competence; and certification requirements). The commercial manure broker shall satisfy the recertification requirements prior to the expiration of his 3 year certification. A commercial manure broker that is in good standing, meaning he has no current, pending or unsatisfied past violations of the act, Act 38 or the The Clean Streams Law and has satisfied the continuing education credit requirements established by this chapter, shall be allowed to take the commercial manure broker written examination without having to attend the certification training course for that level of certification. A commercial manure broker not in good standing or that has not satisfied the continuing education credit requirements of this chapter, shall be required to attend the applicable certification training courses prior to sitting for the written examination. To retain a level 2 commercial manure broker certification, the level 2 commercial manure broker shall develop and have approved by the Department a nutrient balance sheet based on a scenario developed or approved by the Department. A level 2 commercial manure broker in good standing and current on the required continuing education credits shall be permitted to sit for the nutrient balance sheet examination without having to attend nutrient balance sheet writing courses. A level 2 commercial manure broker not in good standing or that has not satisfied the continuing education credit requirements of this chapter, shall be required to attend the applicable certification training courses and nutrient balance sheet writing courses prior to sitting for the level 1 written examination and then level 2 nutrient balance sheet examination.
(2) Level 1 commercial manure hauler. Certification is valid for 2 years from the calendar year in which the certification was issued unless the certificate was issued in the last 2 months of the initial certificate year in which case the certificate is valid for an additional year. To attain the recertification required, a level 1 commercial manure hauler shall again satisfy the applicable certification requirements in §§ 130e.21 and 130e.22 (relating to determination of competence; and certification requirementa). The level 1 commercial manure hauler shall satisfy the requirements prior to the expiration of the hauler's 2-year certification. A level 1 commercial manure hauler shall be in good standing, meaning the hauler has no current, pending or unsatisfied past violations of the act, Act 38 or The Clean Streams Law and has satisfied the continuing education credit requirements established by this chapter, in order to be allowed to take the current level 1 commercial manure hauler written examination.
(3) Level 2 commercial manure hauler. Certification is valid for 2 years from the date of issuance from the calendar year in which the certification was issued unless the certificate was issued in the last 2 months of the initial certificate year in which case the certificate is valid for an additional year. To attain the recertification required, a level 2 commercial manure hauler shall again satisfy the certification requirements in §§ 130e.31 and 130e.32 (relating to determination of competence; and certification requirements). The level 2 commercial manure hauler shall satisfy these requirements prior to the expiration of the hauler's 2-year certification. A level 2 commercial manure hauler shall be in good standing, meaning the hauler has no current, pending or unsatisfied past violations of the act, Act 38 or The Clean Streams Law and has satisfied the continuing education credit requirements established by this chapter, to be allowed to take the current level 2 commercial manure hauler written examination.
(4) Level 3 commercial manure hauler. Certification is valid for 3 years from the calendar year in which the certification was issued unless the certificate was issued in the last 2 months of the initial certificate year in which case the certificate is valid for an additional year. To attain the recertification required, a level 3 commercial manure hauler shall again satisfy the applicable certification requirements in §§ 130e.41 and 130e.42 (relating to determination of competence; and certification requirements). The level 3 commercial manure hauler shall satisfy the recertification requirements prior to the expiration of the hauler's 3-year certification. A level 3 commercial manure hauler that is in good standing, meaning the hauler has no current, pending or unsatisfied past violations of the act, Act 38 or The Clean Streams Law and has satisfied the continuing education credit requirements established by this chapter, shall be allowed to take the proctored level 3 commercial manure hauler written examination without having to attend the certification training course for that level of certification. A level 3 commercial manure hauler not in good standing or that has not satisfied the continuing education credit requirements of this chapter, shall be required to attend the applicable certification training courses prior to sitting for the level 3 commercial manure hauler written examination.
§ 130e.52. Commercial manure broker and hauler continuing education requirements.
(a) Continuing education credit requirements. Certified commercial manure brokers and commercial manure haulers shall be required to obtain continuing education credits. The number of continuing education credits required shall be based on the level of certification. The Department will develop or may approve continuing education credit courses for each level of certification.
(1) Level 1 and 2 commercial manure brokers and level 3 commercial manure haulers. Every 3 calendar years, level 1 and level 2 commercial manure brokers and level 3 commercial manure haulers, shall provide written documentation of completion of the required number of continuing education credits. Continuing education credits shall be received by attending and completing Department developed or approved training courses in the competency requirements set forth in the initial certification orientation training courses for the particular level at which the person is certified.
(i) Level 1 and 1evel 2 certified commercial manure brokers shall receive continuing education training credits in the competency areas in § 130e.11 (relating to determination of competence). Level 2 certified commercial manure brokers shall be subject to at least one inspection and determination of competency per calendar year by the Department of any nutrient balance sheet prepared by the level 2 certified commercial manure broker.
(ii) Level 3 commercial manure haulers shall receive continuing education training credits in the competency areas established in § 130e.41 (relating to determination of competence).
(2) Level 2 commercial manure haulers. Every 2 calendar-years, level 2 commercial manure haulers shall provide written documentation of completion of the required number of continuing education credits. Continuing education credits shall be received by attending and completing Department-developed or approved training courses in the competency requirements for a level 2 commercial manure hauler, which are set forth in § 130e.31 (relating to determination of competence).
(3) Level 1 commercial manure haulers. Every 2 calendar-years, level 1 commercial manure haulers shall provide written documentation of completion of the required number of continuing education credits. Continuing education credits shall be received by attending and completing Department-developed or approved training courses in the competency requirements for a level 1 commercial manure hauler in § 130e.21 (relating to determination of competence).
(b) Continuing education courses and credits.
(1) Continuing education. Continuing education credits shall be obtained through attendance at Department developed or approved courses. The Department will develop or evaluate and approve continuing education courses for each level of commercial manure broker and commercial manure hauler. The Department will publish approved courses and the place, date and time for each course on the Department website and in the Department's quarterly newsletter. The Department will also notify certified commercial manure brokers and commercial manure haulers by e-mail or by fax, or both, if the commercial manure broker or commercial manure hauler has provided its contact information to the Department. The Department will endeavor to hold continuing education courses in various regions across this Commonwealth to assure reasonable access to certified commercial manure brokers and haulers across this Commonwealth.
(2) Continuing education credits.
(i) Rate of accrual. Continuing education credits accrue at the rate of 1 credit per hour of applicable instruction. Participants shall be required to sign in and sign out of each continuing education course. Participants will be asked to complete an evaluation of each session, as well as an evaluation of the course in general. Participants shall be required to attend the entire continuing education course. A participant leaving a continuing education course early shall receive no continuing education credits. The sign in and sign out sheets will be provided by the Department and shall be collected by the continuing education course provider at the end of each day of the continuing education course and mailed to the Department. The Department will record the name of each certified commercial manure broker and certified commercial manure hauler attending the continuing education course and assign the appropriate number of continuing education credits to the broker's or hauler's file. The evaluation sheet for each continuing education course shall be developed by the Department or developed by the approved course provider. Break periods such as coffee breaks, lunches, visits to exhibits, and the like will not be considered as part of the instruction period and shall be excluded from the applicable instruction hours. Question and answer sessions shall be considered part of the applicable instruction hours. Early dismissal is not allowed and credits will not accrue in any hour in which there was an early dismissal. Credits assigned shall be modified if either the content or length of the training substantially differs from the continuing education course originally approved by the Department.
(ii) Number of continuing education credit hours required. Certified commercial manure brokers and certified commercial manure haulers shall be required to obtain the following amount of continuing education credits in Department-approved continuing education courses:
(A) Level 1 certified commercial manure brokers and level 3 certified commercial manure haulers shall be required to attain 9 continuing education credits per certification period.
(B) Level 2 certified commercial manure brokers shall be required to attain a total of 12 continuing education credits per certification period, with 3 of those 12 continuing education credits pertaining to development of nutrient balance sheets.
(C) Level 1 and level 2 certified commercial manure haulers shall be required to attain 6 continuing education credits per certification period.
(c) Additional recertification requirements. To remain in good standing, certified commercial manure brokers and haulers shall comply with the following additional requirements:
(1) By January 15th of each year of certification, certified commercial manure brokers and commercial manure haulers shall send to the Department an annual summary of the amount of manure brokered, stored, transported, stacked and land applied. The summary shall be broken down by category and month.
(2) The Department may, if deemed necessary by a change in statute or regulation or when new science or technology makes it necessary, require other specific continuing education training and recertification requirements for certified commercial manure brokers or certified commercial manure haulers. If the continuing education training or recertification requirements are deemed necessary, the Department will provide written notification and educational materials to all currently certified commercial manure brokers and commercial manure haulers.
(d) Failure to obtain continuing education credits. If a commercial manure broker or commercial manure hauler allows his certification to expire and does not obtain the required number and types of continuing education credits in accordance with this chapter, the commercial manure broker's or commercial manure hauler's certification shall have lapsed and its privilege to broker or haul manure shall be suspended or revoked until the commercial manure broker or commercial manure hauler obtains the required continuing education credits and meets the recertification requirements of this chapter. If the commercial manure broker or hauler has failed to obtain any of the required continuing education credits, that person shall again satisfy the full certification requirements established by this chapter for the level of certification sought to be retained. The Department will send a written notice of the lapse and of suspension or revocation of certification to the commercial manure broker or hauler. The act requires certification and, therefore, a commercial manure broker or commercial manure hauler that has allowed his certification to lapse shall refrain from brokering, hauling or land applying manure until all delinquent continuing education credits are acquired or that person has again completed the appropriate certification requirements and received the Department's approval, has been removed from suspension and has been reissued a commercial manure broker or hauler certification. Failure to abide by the terms of this subsection is a violation of the act and this chapter and shall subject the violator and his employer to the penalties provisions in sections 6--9 of the act.
(e) Revocation or suspension. The Department's decision to revoke or suspend a commercial manure broker's or commercial manure hauler's certification shall be based on the gravity of the offense. The Department will consider the willfulness of the violation, previous violations and whether the person in question has continued to operate despite not acquiring the required continuing education credits or recertification, or both, prior to lapse of his current level of certification.
(1) Suspended certification. A commercial manure broker or commercial manure hauler whose certification has been suspended may not operate until all continuing education credits or recertification requirements, or both, have been met and approved by the Department or that person has again completed the appropriate certification requirements and received the approvals, as set forth in subsection (d).
(2) Revoked certification. A commercial manure broker or commercial manure hauler whose certification has been revoked, may not operate until the Department has issued a new certification. To obtain certification again, the person whose certification has been revoked shall again satisfy the full certification requirements established by this chapter for the level of certification sought to be obtained.
§ 130e.53. Continuing education credit course providers.
(a) Approval, denial, suspension and revocation to provide a continuing education credit course.
(1) Eligibility. To be eligible to apply for approval to conduct a continuing education credit course, the applicant shall be the Pennsylvania State University or other education institution or entity.
(2) Application content. Persons developing and seeking approval of a continuing education credit course they have developed shall submit an application, containing details of the course components and topics, as well as the names of speakers, subject matter and topics and time allotted to each subject or topic. The application must include the name of the person developing and administering the course and a contact person, the specific locations and the proposed dates and times the course will be offered at each location. The application must state whether the courses will be open to the public and if a fee will be charged. The application must set forth which of the various levels of certification the course provider intends to address and the overall length of the program and credit hours sought to be approved.
(3) Submission of application. The application shall be submitted to the Department of Agriculture, Bureau of Plant Industry, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408.
(4) Department approval, disapproval or modification. An applicant shall receive approval from the Department prior to offering or administering a continuing education credit course. The Department will review and approve, disapprove or modify a request for approval within 30 days of receipt of an administratively complete application. An approval, denial or modification will be in writing. A denial or modification request will state the specific reasons for the denial or the specific modifications required and the reason for the modifications. An application for continuing education credit course approval must be submitted to the Department and required to have gained the approval of the Department prior to the applicant advertising the course or setting a date, place and time for the course. Upon approval, the applicant may advertise the course and begin to take applications for the course. The Department will publish the approved course on the Department's website. The publication must include the course level, hours of credits to be received and the date, time and place the course will be offered.
(5) Criteria for approval. At a minimum, a continuing education credit course must address the areas of competence in § 130e.11, § 130e.21, § 130e.31 or § 130e.41, required for the level of certification the course intends to address.
(6) Revocation of course or denial or revocation of credit hours. The Department may revoke approval of a continuing education credit course or deny or revoke credit hours, or both. When the Department revokes approval of a course, the Department may also notify the course provider it is ineligible to provide continuing education credit courses for 12 months, or longer, from the date of the revocation. The following are the grounds for revocation of a course or denial or revocation of continuing education credits offered through that course:
(i) The applicant or approved continuing education credit course provider falsified or failed to disclose required information on the application or falsified or failed to disclose information with regard to course hours given or attended, type or content of material presented, attendance records of certified commercial manure brokers or haulers seeking continuing education credits or a violation of other criteria required under this section.
(ii) The approved continuing education credit course provider has failed to update materials and course content in a manner necessary to keep the course current with updates in statutes, regulations, technology or practices. In this situation, the Department will notify the course provider, in writing, of deficiencies prior to issuing a revocation. The course provider shall correct the deficiencies within 30 days. Failure to correct the deficiencies will result in a revocation of the Department's approval.
(iii) The course provider has violated or assisted a person in violating a provision of the act or this chapter.
(b) Course monitoring. If the Department or its designee is unable to personally monitor a continuing education credit course, the approved course provider shall be responsible for verifying attendance, including credit hours actually attended, and shall compile a list of the names of the individual certified commercial manure brokers and commercial manure haulers in attendance and their certification number. The list shall be compiled on a form provided by the Department. The forms shall be returned to the Department within 10 working days following the date the continuing education credit course was conducted.
DENIAL, SUSPENSION AND REVOCATION OF COMMERCIAL MANURE BROKER OR HAULER CERTIFICATES § 130e.61. Denial, suspension and revocation of certificates.
(a) General power and authority. The Department may, after notice, including a statement of the reasons therefore, deny, suspend or revoke the certification of a commercial manure broker or commercial manure hauler for one or more following:
(1) A violation of the act or this chapter.
(2) Failure to obtain the required continuing education credits in § 130e.52(d) and (e) (relating to commercial broker and hauler continuing education requirement).
(3) Inconsistency and demonstration of a lack of knowledge or proficiency in the proper handling, transportation or land application of manure, including violations the act, Act 38 or The Clean Streams Law.
(4) Three or more occurrences within a 3-year period of noncompliance with recordkeeping requirements, including delay or noncommunication with an agricultural operator, a conservation district or the Department in providing requested or required information or recordkeeping documentation.
(5) Falsifying information.
(6) Allowing certification to lapse.
(b) Notice of violation and orders. The Department may issue notices of violation and orders necessary for the enforcement of the act and this chapter. An order will take effect upon notice unless the order specifies otherwise.
(c) Procedure. A person may appeal an action under this section to the Secretary as follows:
(1) The appeal shall be filed within 30 days of the date of receipt of the order, revocation or suspension.
(2) The Secretary will issue a decision on the appeal within 30 days of the filing of an appeal under paragraph (1). If the Secretary does not issue a decision within 30 days, the order, revocation or suspension will be deemed withdrawn.
(3) This subsection is subject to the Administrative Agency Law, 2 Pa.C.S. Chapter 5, Subchapter A and 2 Pa.C.S. Chapter. 7, Subchapter A.
(4) The appeal must be in writing and set forth the specific reasons for the appeal. The appeal shall be sent to the Bureau of Plant Industry, Agriculture Building, 2301 North Cameron Street, Harrisburg, Pennsylvania, 17110.
Subchapter C. RECORD KEEPING Sec.
130e.71. Recordkeeping. § 130e.71. Recordkeeping.
(a) Commercial manure hauler. A commercial manure hauler shall maintain the following records, which shall be open to inspection by the Department or its agents during regular business hours and shall be maintained for 3 years after the date of transport or land application of the manure, whichever is later in time.
(1) Agreement. A copy of the agreement or contract between the commercial manure hauler and each agricultural operator or commercial manure broker for which the commercial manure hauler is transporting or land applying manure, or both.
(2) Records. The following records shall be maintained:
(i) Records setting forth the name and address of each agricultural operator or commercial manure broker for which the commercial manure hauler has or is currently transporting or land applying, or both, manure.
(ii) Records for each load of manure transported or land applied, which must detail:
(A) The name and location of the agricultural operator or commercial manure broker from which the manure was obtained or on whose behalf the manure was transported or land applied, and the date and time of the transport or application, or both, of the manure.
(B) The name and location of the agricultural operator, commercial manure broker, importing operation or facility, or all of the these entities if more than one is involved, to which the manure was transported or on whose property the manure was land applied, or both.
(C) The name, address and certification number and level of certification of each person involved in the transport or application, or both, of the manure. The record must include a verification statement and be signed by each person involved in the transport or application, or both, of the manure.
(iii) When the commercial manure hauler is land applying the manure the following additional recordkeeping requirements apply:
(A) The location of the field to which each load of manure was applied, as identified in an approved nutrient management plan or a nutrient balance sheet.
(B) The name, certification number and signature of each commercial manure hauler or broker that land applied the manure to each location.
(C) The date of the application.
(D) The total amount of manure applied to each field.
(E) The number of acres to which manure was applied.
(F) The rate of manure application for each field.
(G) The crop group or type of groundcover for each field to which manure was applied.
(H) The source--nutrient balance sheet or appropriate summary or nutrient application sections and maps of the approved nutrient management plan--followed to determine appropriate application rates for each field to which the manure was applied.
(I) When manure from a CAO, CAFO or volunteer operation is land applied on an importing operation, a copy of the nutrient balance sheet utilized for each land application.
(3) Annual records. A commercial manure hauler shall compile the recordkeeping information into an annual report detailing:
(i) The name and location of each agricultural operator or commercial manure broker for which it transported or land applied, or both, manure.
(ii) The total amount of manure transported or land applied for each agricultural operator or commercial manure broker, or both.
(iii) The total amount of manure transported.
(iv) The total amount of manure landapplied and the total acreage to which it was applied.
(b) Commercial manure broker. A commercial manure broker shall maintain the following records, which shall be open to inspection by the Department or its agents during regular business hours and be maintained for 3 years after the date of transport or land application of the manure, whichever is later in time:
(1) Exporter agreement. A copy of the agreement or contract between the commercial manure broker and each agricultural operator for which the commercial manure broker is transporting or land applying, or both, manure.
(2) Importer agreement. A copy of any agreement between the commercial manure broker and an agricultural operator to whose agricultural operation the manure will be applied.
(3) Nutrient balance sheet. A copy of the nutrient balance sheet required under section 5(1) of the act (3 P. S. § 2010.5(1)) to be provided to the importing operation and the date the nutrient balance sheet was provided to the importing operation.
(4) Records. The following records shall be maintained:
(i) Records setting forth the name and address of each agricultural operator or other person for which the commercial manure broker has or is currently transporting or land applying, or both, manure.
(ii) Records for each load of manure transported or landapplied, which details:
(A) The name and location of the agricultural operator or person from which the manure was obtained or on whose behalf the manure was transported or land applied, or both, and the date and time of the transport or land application, or both, of the manure.
(B) The name and location of the agricultural operator or importing operation or person to which the manure was transported or on whose property the manure was land applied, or both.
(C) The name, address and certification number and level of certification of each person involved in the transport or application, or both, of the manure. The record must include a verification statement and be signed by each person involved in the transport or application, or both, of the manure.
(iii) When the certified commercial manure broker is land applying the manure or has contracted with another properly certified commercial manure broker or commercial manure hauler to landapply the manure, the following additional recordkeeping requirements apply:
(A) The field to which each load of manure was applied as identified in an approved nutrient management plan or a nutrient balance sheet.
(B) The name, certification number and signature of each commercial manure hauler or broker that land applied the manure to each location.
(C) The date of the application.
(D) The total amount of manure applied to each field.
(E) The number of acres to which manure was applied.
(F) The rate of manure application for each field.
(G) The crop group or type of groundcover for each field to which manure was applied.
(H) The source--nutrient balance sheet or appropriate summary or nutrient application sections and maps of the approved nutrient management plan--followed to determine appropriate application rates for each field to which the manure was applied.
(I) When manure from a CAO, CAFO or volunteer operation is land applied on an importing operation, a copy of the nutrient balance sheet utilized for each land application.
(5) Annual records. A commercial manure broker shall compile the daily recordkeeping information into an annual report detailing:
(i) The name and location of each agricultural operator or other person for which it transported or land applied manure, or both.
(ii) The total amount of manure transported or land applied for each agricultural operator or other person, or both.
(iii) The total amount of manure transported.
(iv) The total amount of manure land applied and the total acreage to which it was applied.
[Pa.B. Doc. No. 05-2313. Filed for public inspection December 16, 2005, 9:00 a.m.]
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