Subchapter A. GENERAL PROVISIONS
Sec.
130b.1. Scope.
130b.2. Definitions.
130b.3. Fees.
130b.4. [Reserved].
130b.5. Certification authority.§ 130b.1. Scope.
This chapter prescribes policies and procedures relating to the certification and recertification of nutrient management specialists. It includes the establishment of fees and delineation of requirements for certification of commercial, public and individual specialists.
§ 130b.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—3 Pa.C.S. § § 311—522.
Agricultural operations—The management and use of farming resources for the production of crops, livestock or poultry.
BMP—Best management practice—(i) A practice or combination of practices determined by the Commission to be effective and practicable (given technological, economic and institutional considerations) to manage nutrients to protect surface and groundwater taking into account applicable nutrient requirements for crop utilization.
(ii) The term includes:
(A) Conservation tillage.
(B) Crop rotation.
(C) Soil testing.
(D) Manure testing.
(E) Diversions.
(F) Manure storage facilities.
(G) Stormwater management practices.
(H) Nutrient application.
(I) Practices set forth in the nutrient management regulations.
Certificate year—The period from January 1 to December 31.
Certification—The completion of all requirements of a nutrient management specialist contained in this chapter.
Commission—The State Conservation Commission established by the Conservation District Law (3 P. S. § § 849—864).
Competency—Demonstrating a high level of technical or scientific knowledge as evidenced by successfully meeting the requirements of § 130b.11 (relating to determination of competence) for commercial and public nutrient management specialists, or meeting the requirements of § 130b.21 (relating to determination of competence) for individual nutrient management specialists.
Conservation district—A county conservation district established under the Conservation District Law.
Department—The Department of Agriculture of the Commonwealth.
Designee—A person chosen or appointed by the Secretary of the Department to carry out the Secretary’s duties under this chapter.
Nutrient—(i) A substance or recognized plant nutrient, element or compound which is used or sold for its plant nutritive content or its claimed nutritive value.
(ii) The term includes livestock and poultry manures, compost as fertilizer, commercially manufactured chemical fertilizers, sewage sludge or combinations thereof.
Nutrient management plan—A written site-specific plan which incorporates BMPs to manage the use of plant nutrients for crop production and water quality protection consistent with the criteria established in sections 504 and 506 of the act (relating to powers and duties of commission; and nutrient management plans).
Nutrient management regulations—The regulations in 25 Pa. Code Chapter 83, Subchapter D (relating to nutrient management).
Nutrient management specialist—(i) Individual—A person certified to develop nutrient management plans for his agricultural operation.
(ii) Commercial—A private sector person certified to develop nutrient management plans for another person’s agricultural operation.
(iii) Public—A State, Federal or other public employee certified to develop or review, or both, nutrient management plans and make recommendations for approval or denial of nutrient management plans to a conservation district or the State Conservation Commission, or both.
(A) Review specialist—A public nutrient management specialist certified to review nutrient management plans and make recommendations for approval or denial of nutrient management plans.
(B) Dual specialist—A public nutrient management specialist certified to review and develop nutrient management plans for another person’s agricultural operation and make recommendations for approval or denial of nutrient management plans which the specialist has not personally written or developed.
Precertification training—The initial nutrient management training courses which shall be completed by persons seeking to become nutrient management specialists.
Provisional certification—The level of certification obtained by a nutrient management specialist applicant who has successfully completed the precertification training and passed the written examination, but has not yet developed or reviewed, or both, the required number of nutrient management plans.
Recertification training—The completion of continuing education and training requirements in § 130b.31 (relating to recertification).
Authority The provisions of this § 130b.2 amended under 3 Pa.C.S. § 508(a).
Source The provisions of this § 130b.2 amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6504. Immediately preceding text appears at serial pages (233001) to (233002) and (220709).
§ 130b.3. Fees.
(a) Certification fees. Certification fees are nonrefundable. The Department establishes the following certification fees for each level of nutrient management specialist:
(1) Individual nutrient management specialist—$15.
(2) Commercial nutrient management specialist—$200.
(3) Public nutrient management specialist:
(i) Review specialist—$25.
(ii) Dual specialist—$50.
(b) Examination fees. Examination fees are nonrefundable. The Department establishes the following examination fees for each level of nutrient management specialist:
(1) Individual nutrient management specialist—No charge
(2) Commercial nutrient management specialist—$50
(3) Public nutrient management specialist:
(i) Review specialist—$50
(ii) Dual specialist—$50
Authority The provisions of this § 130b.3 amended under 3 Pa.C.S. § 508(a).
Source The provisions of this § 130b.3 amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6504. Immediately preceding text appears at serial page (220709).
Cross References This section cited in 7 Pa. Code § 130b.12 (relating to final certification); and 7 Pa. Code § 130b.42 (relating to procedure).
§ 130b.4. [Reserved].
Source The provisions of this § 130b.4 reserved December 2, 2005, effective December 3, 2005, 35 Pa.B. 6504. Immediately preceding text appears at serial page (220709).
§ 130b.5. Certification authority.
(a) Individual certification authority. A person certified under this chapter as an individual nutrient management specialist is authorized to develop nutrient management plans for his own agricultural operation. An individual nutrient management specialist has no authority to develop a nutrient management plan for another person or review and recommend action on a nutrient management plan.
(b) Commercial certification authority. A person certified under this chapter as a commercial nutrient management specialist is authorized to develop nutrient management plans for another person’s agricultural operation. A commercial nutrient management specialist has no authority to review or recommend action on a nutrient management plan.
(c) Public certification authority. A public employee certified as a public nutrient management specialist has authority to review and recommend action or develop a nutrient management plan for another person, or both, dependent on the certification requirements he has successfully completed.
(1) Public nutrient management review specialist. A person certified under this chapter as a public nutrient management review specialist is authorized to review nutrient management plans and make recommendations for approval or denial of nutrient management plans.
(2) Public nutrient management dual specialist. A person certified under this chapter as a public nutrient management dual specialist is authorized to review and develop nutrient management plans for another person’s agricultural operation and make recommendations for approval or denial of nutrient management plans which the specialist has not personally developed.
Authority The provisions of this § 130b.5 issued under 3 Pa.C.S. § 508(a).
Source The provisions of this § 130b.5 adopted December 3, 2005, effective December 3, 2005, 35 Pa.B. 6504.
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