§ 130e.12. Certification requirements.
(a) General. The act and this chapter establish four general criteria for commercial manure brokers.
(1) A person acting as a commercial manure broker shall obtain certification as a commercial manure broker prior to assuming temporary control or ownership of manure from an agricultural operation or arranging for transportation to or utilization of manure at, or both, an importing operation or other location.
(2) A person acting as a commercial manure broker shall maintain certification under the requirements of the certification program.
(3) When acting as a contract agent for an agricultural operator required by 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 broker shall land apply the manure in accordance with and based upon an approved nutrient management plan or a nutrient balance sheet developed by a certified nutrient management specialist or a Level 2 certified commercial manure broker.
(4) Commercial manure brokers shall maintain the records of the manure they broker, transport or land-apply as required by this chapter and the recordkeeping requirements of the nutrient management regulations in 25 Pa. Code § § 83.341—83.344 (relating to recordkeeping and informational requirements).
(b) Application for Level 1 commercial manure broker certification.
(1) Submission of application. Submission of the required examination for certification as a Level 1 commercial manure broker shall act as the application for a Level 1 commercial manure broker certificate. After receiving and scoring the examination, the Department will send written notice to the applicant. The written notice will inform the applicant whether the applicant passed or failed the examination. If the applicant has passed the examination, the written notice will include a temporary certificate. The temporary certificate will be valid for 30 days from the date of receipt. The holder of the temporary certification shall forward the appropriate certification fees to the Department within the 30-day time period. Upon receipt of the appropriate certification fees, the Department will mail the final certification to the holder of the temporary certificate.
(2) Certified nutrient management plan writer. A person certified and in good standing as a commercial nutrient management specialist or a public nutrient management dual specialist under the Department’s nutrient management certification regulations in Chapter 130b (relating to nutrient management certification), meets the requirements to be certified as a Level 1 commercial manure broker and may be certified as a Level 2 commercial manure broker as set forth in § 130e.11(b) (relating to determination of competence). Upon receiving a letter requesting certification, along with the certification fee, the Department will verify the applicant’s nutrient management plan writer certification and good standing. Upon verification of this criteria, the Department will issue the appropriate final certification.
(c) Application for Level 2 commercial manure broker certification.
(1) Submission of application. An applicant for a Level 2 commercial manure broker certification shall complete the appropriate nutrient management plan writing certification courses, related to nutrient balance sheet development, and then pass a proctored nutrient balance sheet examination administered or approved by the Department, as set forth in § 130e.11(b). Submission of the required examination for certification as a Level 2 commercial manure broker shall act as the application for a Level 2 commercial manure broker certificate. After receiving and scoring the examination, the Department will send written notice to the applicant. The written notice will inform the applicant whether he passed or failed the examination. If the applicant has passed the examination, the written notice will include a temporary certificate. The temporary certificate will be valid for 30 days from the date of receipt. The holder of the temporary certification shall forward the appropriate certification fees to the Department within the 30-day time period. Upon receipt of the appropriate fees, the Department will mail the final certification to the holder of the temporary certificate.
(2) Certified nutrient management plan writer. A person certified and in good standing as a commercial nutrient management specialist or a public nutrient management dual specialist under the Department’s nutrient management certification regulations in Chapter 130b, meets the requirements to be certified as a Level 1 commercial manure broker and may be certified as a Level 2 commercial manure broker, upon taking the necessary nutrient management plan writing courses related to nutrient balance sheet development, and passing the appropriate testing criteria. After receiving a letter requesting certification, along with the certification fee, the Department will verify the applicant’s nutrient management plan writer certification and good standing and that the appropriate courses and tests have been taken and passed. Upon verification of this criteria, the Department will issue the appropriate final certification.
(d) Denial of certification.
(1) If an applicant for a Level 1 or Level 2 commercial manure broker certification is denied, the Department will notify the applicant, in writing and specifically set forth the reasons for the denial.
(i) When a Level 1 commercial manure broker applicant is denied, the applicant shall be allowed to take the next available Level 1 commercial manure broker written examination and submit an application, in the manner required by subsection (b), to the Department without having to repeat the certification course required by § 130e.11(a). If the applicant fails to pass the written examination for a second time, the applicant shall be required to again meet all of the requirements established under § 130e.11(a) and take the next available written examination, prior to resubmission of an application for certification as a Level 1 commercial manure broker.
(ii) When an applicant seeks a Level 2 commercial manure broker certification and fails the nutrient balance sheet examination, the applicant shall be allowed to take the next available nutrient balance sheet examination. If the applicant fails to pass the nutrient balance sheet examination for a second time, the Department will again notify the applicant, in writing of the denial and the reason for the denial. To again be considered for a Level 2 commercial manure broker certification, the applicant shall be required to satisfy the requirements in § 130e.11(b).
(e) Level 1 commercial manure broker to Level 2 commercial manure broker.
(1) A Level 1 certified commercial manure broker may attain a Level 2 commercial manure broker certification by meeting the requirements established under § 130e.11(b). To be eligible to apply, the applicant shall be currently certified as a Level 1 commercial manure broker or a commercial nutrient management specialist or a public nutrient management dual specialist and in good standing.
(2) The Department will notify an applicant in writing of approval or denial of an application as set forth in subsection (d).
Cross References This section cited in 7 Pa. Code § 130e.42 (relating to certification requirements); and 7 Pa. Code § 130e.52 (relating to continuing education credit course providers).
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