Subchapter B. CERTIFICATION
COMMERCIAL AND PUBLIC NUTRIENT MANAGEMENT
SPECIALISTSSec.
130b.11. Determination of competence.
130b.12. Final certification.
INDIVIDUAL NUTRIENT MANAGEMENT SPECIALISTS
130b.21. Determination of competence.
130b.22. Final certification.
RECERTIFICATION
130b.31. Recertification.
RECIPROCITY
130b.41. General.
130b.42. Procedure.
DENIAL, SUSPENSION AND REVOCATION OF CERTIFICATES
130b.51. Denial, suspension and revocation of certificates.
COMMERCIAL AND PUBLIC NUTRIENT MANAGEMENT SPECIALISTS
§ 130b.11. Determination of competence.
(a) Commercial nutrient management specialist. Determination of competence for a commercial nutrient management specialist shall be based on the successful completion of precertification training and examinations as set forth in this section. Precertification requirements for a commercial nutrient management specialist include an orientation training course, a nutrient management plan writing course and a written examination approved by the Department. As advancements in science and technology make new nutrient management techniques and BMPs available and after these techniques and BMPs are approved by the State Conservation Commission, the precertification requirements may include other course work related to those techniques and best management practices, as well as, any new requirements set forth in the nutrient management regulations, as part of the certification course and training requirements. The new techniques and BMPs will not become part of the final certification requirements until after training manuals and course work have been modified to include the information necessary to impart knowledge of these new techniques and BMPs. Nutrient management plans developed under this subsection shall be determined to be adequate by the Department or its designee.
(b) Public nutrient management specialist. Determination of competence for a public nutrient management specialist shall be based on the level of certification sought to be attained.
(1) Public nutrient management review specialist. To be certified as a public nutrient management review specialist the applicant shall successfully complete precertification training and examinations as set forth in this section. The precertification requirements for a public nutrient management review specialist include an orientation training course, a nutrient management plan review course, a nutrient management plan writing course and a written examination approved by the Department. As advancements in science and technology make new nutrient management techniques and BMPs available and after these techniques and BMPs are approved by the State Conservation Commission, the precertification requirements may include other course work related to those techniques and best management practices, as well as, any new requirements set forth in the nutrient management regulations, as part of the certification course and training requirements. The new techniques and BMPs will not become part of the examination until after training manuals and course work have been modified to include the information necessary to impart knowledge of these new techniques and BMPs. Nutrient management plan reviews completed and nutrient management plans developed under this subsection will be determined to be adequate by the Department or its designee.
(2) Public nutrient management dual specialist. To be certified as a public nutrient management dual specialist, the applicant shall successfully complete precertification training and examinations set forth in this section. The precertification requirements for a public nutrient management dual specialist include an orientation training course, a nutrient management plan review course, a nutrient management plan writing course and a written examination approved by the Department. As advancements in science and technology make new nutrient management techniques and BMPs available and after these techniques and BMPs are approved by the State Conservation Commission, the precertification requirements may include other course work related to those techniques and best management practices, as well as, any new requirements in the nutrient management regulations, as part of the certification course and training requirements. The new techniques and BMPs will not become part of the final certification requirements until after training manuals and course work have been modified to include the information necessary to impart knowledge of these new techniques and BMPs. Nutrient management plan reviews completed and nutrient management plans developed under this subsection will be determined to be adequate by the Department or its designee.
(c) Precertification. The precertification training courses must, at a minimum, consist of the following areas of nutrient management planning:
(1) Nutrient application including:
(i) Determination of the cropping system and crop nutrient requirements.
(ii) Determination of sources of nutrients available for application on the farm.
(iii) Determination of additional nutrients required to obtain realistic expected crop yields.
(iv) Application records.
(2) Manure management.
(3) Excess manure alternatives.
(4) Stormwater runoff control.
(5) Applicable laws and regulations.
(6) Proper nutrient management plan review procedures (public nutrient management specialists only).
(7) Proper nutrient management plan writing procedures (commercial, public nutrient management specialists only).
(8) Other areas and course work related to requirements set forth in the nutrient management regulations, as determined appropriate by the Department.
(d) Examination. The written examination will be proctored by the Department or its designee. 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 technical knowledge relating to nutrient management planning and nutrient management plan development in the following areas:
(1) Competency in soil science and soil fertility.
(2) Competency in nutrient application and management.
(3) Competency in crop production.
(4) Competency in soil and manure testing and interpretation.
(5) Understanding in determining needed BMPs related to proper utilization of nutrients and stormwater management.
(6) Competency in fertilizer materials and their characteristics.
(7) Understanding of environmental and economic impacts associated with nutrient management.
(8) Understanding of the act and other applicable laws and regulations.
(9) Other areas related to new technology and BMPs that become available and are approved by the State Conservation Commission, as well as, new requirements set forth in the nutrient management regulations. These other areas will not become part of the final certification requirements until training manuals and course work have been modified to include information necessary to impart knowledge of these new techniques and BMPs.
(e) Other examinations. The Department may approve the use of written examinations other than the Pennsylvania nutrient management examination, if the written examinations meet the requirements in subsection (d).
(f) Provisional certification. Upon the successful completion of the requirements in subsections (c) and (d), the applicant for certification as a commercial or public nutrient management specialist will be issued the appropriate provisional certification. The holder of a provisional certification is qualified, dependant on the type of provisional certification attained, to develop or review, or both, nutrient management plans for the purpose of satisfying the requirements of this section regarding final certification. Provisional certification is valid for 3 years ending on the last day of the month from the date of issuance.
(g) Final certification requirements. Once provisional certification has been granted the provisionally certified specialist shall complete one of the following dependant on the type of provisional certification granted and final certification sought.
(1) Commercial nutrient management specialist. To attain final certification, a provisionally certified commercial nutrient management specialist shall develop three approved nutrient management plans which meet the requirements of section 6(e) of the act (relating to nutrient management plans). Nutrient management plans developed by the applicant shall be submitted to the Department or its designee for approval.
(2) Public nutrient management specialist. To attain final certification, a provisionally certified public nutrient management specialist shall do one of the following dependant upon the level of provisional certification attained and the level of final certification sought.
(i) Public nutrient management review specialist. To attain final certification, a provisionally certified public nutrient management review specialist shall successfully review two nutrient management plans and develop one approved nutrient management plan which meets the requirements of section 6(e) of the act. Nutrient management plan reviews completed and nutrient management plans developed by the applicant shall be submitted to the Department or its designee for approval.
(ii) Public nutrient management dual specialist. To attain final certification, a provisionally certified public nutrient management dual specialist shall successfully review two nutrient management plans and develop two approved nutrient management plans in accordance with section 6(e) of the act. Nutrient management plan reviews completed and nutrient management plans developed by the applicant shall be submitted to the Department or its designee for approval.
(h) Public nutrient management specialist to commercial nutrient management specialist. A certified public nutrient management specialist may obtain certification as a commercial nutrient management specialist. To attain this certification, a certified public nutrient management review specialist shall develop two approved nutrient management plans or a certified public nutrient management dual specialist shall develop one approved nutrient management plan in accordance with section 6(e) of the act. The certified public nutrient management specialist seeking this certification shall submit the nutrient management plans or plan to the Department or its designee for review and approval.
(i) Public nutrient management review specialist to public nutrient management dual specialist. A certified public nutrient management review specialist may obtain certification as a public nutrient management dual specialist. To attain this certification, the certified public nutrient management review specialist shall develop one approved nutrient management plan in accordance with section 6(e) of the act. The applicant seeking to attain this certification shall submit the nutrient management plan to the Department or its designee for review and approval.
(j) Commercial nutrient management specialist to public nutrient management specialist. A certified commercial nutrient management specialist who wishes to obtain certification as a public nutrient management specialist shall complete a nutrient management plan review course covering proper nutrient management plan review procedures and shall successfully review two nutrient management plans in accordance with section 6(e) of the act. The applicant seeking to attain this certification shall submit the nutrient management plan reviews to the Department or its designee for review and approval.
Authority The provisions of this § 130b.11 amended under 3 Pa.C.S. § 508(a).
Source The provisions of this § 130b.11 amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6504. Immediately preceding text appears at serial pages (220710) to (220712).
Cross References This section cited in 7 Pa. Code § 130b.2 (relating to definitions); 7 Pa. Code § 130b.12 (relating to final certification); 7 Pa. Code § 130b.21 (relating to determination of competence); 7 Pa. Code § 130b.31 (relating to recertification); and 7 Pa. Code § 130b.41 (relating to general).
§ 130b.12. Final certification.
(a) Application for final certification. Upon completion of all the requirements of this chapter, a commercial nutrient management specialist or a public nutrient management specialist may submit an application to the Department for final certification. The appropriate certification fee, as set forth in § 130b.3(a) (relating to fees) shall accompany the application for final certification.
(b) Eligibility for final certification. A person is eligible to apply for final certification as a commercial or public nutrient management specialist upon fulfilling the applicable requirements established under § 130b.11 (relating to determination of competence). An application for final certification may be obtained from the Department.
(c) Time period for filing application. An application for final certification shall be filed with the Department within 120-calendar days of notification by the Department of meeting the appropriate requirements in § 130b.11. If the applicant fails to file an application with the Department within the prescribed 120-calendar days, that person shall again satisfy the appropriate competency requirements as provided in § 130b.11.
(d) Time period final certification is valid. A final certification is valid for 3 years ending on December 31 of the third year following the date of final certification. However, the Department will authorize an additional year when the certification is issued during the last 2 months of the initial certificate year.
Authority The provisions of this § 130b.12 amended under 3 Pa.C.S. § 508(a).
Source The provisions of this § 130b.12 amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6504. Immediately preceding text appears at serial page (220712).
Cross References This section cited in 7 Pa. Code § 130b.31 (relating to recertification); and 7 Pa. Code § 130b.41 (relating to general).
INDIVIDUAL NUTRIENT MANAGEMENT
SPECIALISTS
§ 130b.21. Determination of competence.
(a) Determination of competence for an individual nutrient management specialist shall be based on the completion of precertification training which includes an orientation training course and a written examination approved by the Department.
(b) The orientation training course shall at a minimum consist of the same requirements as in § 130b.11(c) (relating to determination of competence).
(c) The written examination will be proctored by the Department or its designee. The Department will administer the examination on an as needed basis, which will be determined by the number of requests for the testing. At a minimum, the successful completion of the examination will demonstrate an examinee’s technical knowledge relating to nutrient management planning and nutrient management plan development in the following areas:
(1) Competency in nutrient application and management.
(2) Competency in crop production.
(3) Competency in soil and manure testing and interpretation.
(4) Understanding in determining needed BMPs related to proper utilization of nutrients and stormwater management.
(5) Understanding of soil science and soil fertility.
(6) Understanding of fertilizer materials and their characteristics.
(7) Understanding of environmental and economic impacts associated with nutrient management.
(8) Understanding of the act and other applicable laws and regulations.
(9) Other areas and coursework related to the requirements in the nutrient management regulations as determined appropriate by the Department.
(d) The Department may approve the use of written examinations other than the Pennsylvania nutrient management examination, if the written examinations meet the requirements in subsection (c).
(e) Individual nutrient management specialists are exempt from the nutrient management plan preparation requirement.
Authority The provisions of this § 130b.21 amended under 3 Pa.C.S. § 508(a).
Source The provisions of this § 130b.21 amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6504. Immediately preceding text appears at serial page (220713).
Cross References This section cited in 7 Pa. Code § 130b.2 (relating to definitions); 7 Pa. Code § 130b.22 (relating to final certification); and 7 Pa. Code § 130b.31 (relating to recertification).
§ 130b.22. Final certification.
(a) A person is eligible to apply for final certification as an individual nutrient management specialist upon fulfilling the requirements under § 130b.21 (relating to determination of competence). An application for certification may be obtained from the Department. The appropriate fee shall accompany the specialist’s application for certification.
(b) An application for certification shall be filed with the Department no later than 120-calendar days after the applicant’s completion of the competency requirements. If the applicant fails to file an application with the Department within the prescribed 120-calendar days, that person shall again satisfy the competency requirements as provided in § 130b.21(a)—(d).
(c) A certificate is valid for 3 years ending on December 31 of the third year following the date of certification. However, the Department will authorize an additional year when the certification is issued during the last 2 months of the initial certificate year.
Authority The provisions of this § 130b.22 amended under 3 Pa.C.S. § 508(a).
Source The provisions of this § 130b.22 amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6504. Immediately preceding text appears at serial pages (220713) to (220714).
Cross References This section cited in 7 Pa. Code § 130b.31 (relating to recertification).
RECERTIFICATION
§ 130b.31. Recertification.
(a) At intervals of 3 years, final certified commercial, public or individual nutrient management specialists shall provide written documentation of having received continuing education and training in Department-approved training courses in nutrient management planning and nutrient management plan development. Training must address the specific areas in § 130b.11(c) and (d) (relating to determination of competence) for commercial and public specialists and § 130b.21(b) and (c) (relating to determination of competence) for individual specialists.
(b) Recertification credits approved by the Department will be given on the basis of attendance at approved training sessions, as provided in subsection (a). The Department will evaluate the training and assign the appropriate credits. Commercial and public specialists are required to obtain 20 credits with one quarter or 5 of those credits being obtained through Department or Commission conducted courses. Individual specialists are required to obtain 6 credits during the recertification interval. The Department may, if deemed necessary, require specific training for certified nutrient management specialists, in addition to the required training in § § 130b.11 and 130b.21. The Department will provide written notification to the certified nutrient management specialists of required specific training.
(c) Training will be approved for recertification credits at the rate of 1 credit per hour of applicable instruction, exclusive of coffee breaks, lunches, visits to exhibits, and the like. Credits will be assigned to each training session based upon the subjects covered and the amount of time expended on each subject. Credits assigned may be modified if either the content or length of the training substantially differs from the originally approved course.
(d) Sponsors of recertification training shall first submit a written request for course approval to the Department of Agriculture, Bureau of Plant Industry, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408. A request shall be submitted to the Department at least 15 working days prior to the training date and include the following information:
(1) The name and phone number of the contact person who is coordinating the training.
(2) The specific location of the training.
(3) The date of the training.
(4) A listing of the speakers, subject matter and time allotted to each subject.
(5) A statement whether the training is open to the public and if there is a charge to attend.
(e) A recertification training course will be approved if at a minimum it consists of the same requirements as set forth in § 130b.11(c) and (d) and is conducted or sponsored by an educational institution, an association, a business, a governmental agency or other qualified source. Preapproval of recertification courses is vested solely with the Department.
(f) Falsification by a course sponsor of information required under this section may result in the withdrawal of credits or course approval, or both.
(g) If the Department or its designee is unable to monitor the training, the sponsor shall be responsible for verifying attendance and shall compile a list of Pennsylvania certified specialists in attendance. The list shall be returned to the Department within 10 working days following the training date and include the name of each person attending and their certification number.
(h) If a nutrient management specialist allows his final certification to expire and does not obtain recertification in accordance with this chapter, his final certification shall be suspended and the specialist must refrain from all duties relating to his certification until all delinquent recertification credits are acquired as described in subsection (b).
(i) If a nutrient management specialist whose final certification has been suspended as set forth in subsection (h) fails to complete delinquent recertification credits within 1 year from the expiration date of his final certification, then his final certification shall be revoked and that person shall again satisfy the requirements of § 130b.11 and § 130b.12 (relating to final certification) for commercial and public specialists, and § 130b.21 and § 130b.22 (relating to final certification) for individual specialists.
Authority The provisions of this § 130b.31 amended under 3 Pa.C.S. § 508(a).
Source The provisions of this § 130b.31 amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6504. Immediately preceding text appears at serial pages (220714) and (276863).
Cross References This section cited in 7 Pa. Code § 130b.2 (relating to definitions).
RECIPROCITY
§ 130b.41. General.
(a) A person who has a valid certificate or license from another state may obtain certification in this Commonwealth if:
(1) The state in which that person is certified has a reciprocal agreement with the Department.
(2) The applicant satisfies the required precertification training as set forth in § 130b.11(c) (relating to determination of competence). The applicant will not be required to take a written examination to determine competence if the applicant satisfies the requirements of this subsection.
(b) Upon the successful completion of the requirements in subsection (a), the applicant for certification as a commercial or public nutrient management specialist will be issued provisional certification and shall complete the requirements in § 130b.11(g). Provisional certification is valid for 3 years ending on the last day of the month from the date of issuance.
(c) In addition to the requirements in subsection (a), if the applicant is a commercial nutrient management specialist, that person shall develop three approved nutrient management plans which meet the requirements of section 6(e) of the act (relating to nutrient management plans). If the applicant is a public nutrient management review specialist, that person shall successfully review two nutrient management plans and develop one approved nutrient management plan which meets the requirements of section 6(e) of the act. If the applicant is a public nutrient management dual specialist, that person shall successfully review two nutrient management plans and develop two approved nutrient management plans which meet the requirements of section 6(e) of the act. Nutrient management plan reviews completed and nutrient management plans developed by the applicant shall be submitted to the Department or its designee for approval.
(d) The applicant shall complete all requirements for reciprocity in the manner and within the time frames established in § 130b.11 and § 130b.12 (relating to final certification).
Authority The provisions of this § 130b.41 amended under 3 Pa.C.S. § 508(a).
Source The provisions of this § 130b.41 amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6504. Immediately preceding text appears at serial pages (276863) to (276864).
Cross References This section cited in 7 Pa. Code § 130b.42 (relating to procedure).
§ 130b.42. Procedure.
A person desiring a certificate under § 130b.41(a)(1) and (2) (relating to general) shall submit to the Department a properly completed application and appropriate fee, as set forth in § 130b.3 (relating to fees) along with a copy of the person’s out-of-State certificate.
DENIAL, SUSPENSION AND REVOCATION OF CERTIFICATES
§ 130b.51. Denial, suspension and revocation of certificates.
(a) The Department may, after notice, including a statement of the reasons therefore, deny, suspend or revoke a commercial, public or individual nutrient management specialists certification for any of the following:
(1) A violation of the act or this chapter.
(2) Failure to obtain the required recertification credits.
(3) Inconsistency and demonstration of a lack of knowledge of nutrient management plan writing and review skills.
(4) Three or more occurrences within a 3-year period of delay or noncommunication with landowner or review agency during plan development or review.
(5) Falsifying information.
(6) Misrepresentation of the Nutrient Management Act Program.
(7) A violation of program policy established by the Department, its designee or the State Conservation Commission.
(b) An applicant or nutrient management specialist may request a hearing, in writing, within 15 days of receipt of notice of the denial, suspension or revocation from the Department. The request shall be sent to the Bureau of Plant Industry, Agriculture Building, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110.
Authority The provisions of this § 130b.51 amended under 3 Pa.C.S. § 508(a).
Source The provisions of this § 130b.51 amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6504. Immediately preceding text appears at serial page (276864).
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