§ 130e.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The Commercial Manure Hauler and Broker Certification Act (3 P. S. § § 2010.1—2010.12).
Act 38 of 2005—The act of July 6, 2005 (P. L. 112, No. 38), known as Act 38 of 2005 (3 Pa.C.S. Chapters 3 and 5 (relating to local regulation; and nutrient management and odor management)).
Act 38 of 2005 regulations—The regulations associated with Act 38 of 2005 found in 25 Pa. Code Chapter 83, Subchapter D (relating to nutrient management).
Agricultural operation or operation—The management and use of farming resources for the production of crops, livestock or poultry.
Agricultural operator—A person that has management control of an agricultural operation.
BMP—Best management practice—A practice as defined by Act 38 of 2005 (see 3 Pa.C.S. § 503 (relating to definitions)) and its implementing regulations in 25 Pa. Code Chapter 83 (see 25 Pa. Code § 83.201 (relating to definitions)).
Board—The Nutrient Management Advisory Board created under section 10 of Act 38 of 2005. See 3 Pa.C.S. § 510 (relating to Nutrient Management Advisory Board).
CAFO—Concentrated animal feeding operation—An agricultural operation that meets the criteria established by the Department of Environmental Protection under 25 Pa. Code § 92.1 (relating to definitions).
CAO—Concentrated animal operation—An agricultural operation that meets the criteria established under the authority of Act 38 of 2005 (see 3 Pa.C.S. § 503) and its implementing regulations in 25 Pa. Code Chapter 83 (see 25 Pa. Code § 83.201).
Certificate year—The period from January 1—December 31.
Certification—The completion of all requirements of a commercial manure hauler or broker contained in this chapter and final approval of the Department.
Clean Streams Law—The Clean Streams Law (35 P. S. § § 691.1—691.1001).
Commerce—The exchange of goods, productions or property of any kind; the buying, selling and exchanging of articles. Intercourse by way of trade between different peoples or states and citizens or inhabitants thereof, including the purchase, sale and exchange of commodities and the instrumentalities by which commerce is promoted and carried on.
Commercial—Relates to or is connected with trade or commerce in general; involving dealings between persons in the nature of purchase and sale. Normally the sale, exchange or purchase is intended for profit.
Commercial manure broker—A person that is not working for or under the control of an agricultural operator and that assumes temporary control or ownership of manure from an agricultural operation and arranges for transport to and utilization at an importing operation or other location.
Commercial manure hauler—A person that transports or land applies manure as a contract agent for an agricultural operator or commercial manure broker under the direction of the operator or broker.
Commission—The State Conservation Commission established under the Conservation District Law (3 P. S. § § 849—864).
Competency—Demonstrating a thorough level of knowledge and understanding of the requirements of the act and this chapter as evidenced by successfully meeting the applicable requirements of Subchapter B (relating to certification).
Conservation district—A county conservation district established under the Conservation District Law.
Department—The Department of Agriculture of the Commonwealth.
Importer or importing operation—A person who receives and utilizes or processes manure not produced by poultry or livestock under the management control of that person.
Manure—(i) The excreta, in liquid or solid form, of livestock, including cattle, sheep, hogs, goats, horses, poultry and fur bearing animals with or without the bedding, litter, straw, washwater and other refuse materials, dirt and waste ordinarily mixed or commingled with it.
(ii) For purposes of this chapter, the definition does not include chemical fertilizers, plant or soil amendments, compost or biosolids.
Nutrient—(i) A substance or recognized plant nutrient, element or compound that is used or sold for its plant nutritive content or its claimed nutritive value.
(ii) The term includes livestock and poultry manures, compost used as fertilizer, commercially manufactured chemical fertilizers, biosolids or combinations thereof.
Nutrient balance sheet—A crop management BMP developed to protect surface and groundwater quality by providing the calculations for determining the appropriate rate, method and timing of application of manure to crop land, hayland and pasture, to meet the purposes of Act 38 of 2005.
Nutrient management plan—A written site-specific plan that incorporates BMPs to manage the use of manure and other plant nutrients for crop production and water quality protection consistent with the criteria established under Act 38 of 2005.
Nutrient management specialist—A person satisfying the requirements of the Department’s Nutrient Management Certification Program in Chapter 130b (relating to nutrient management certification).
Person—An individual, sole proprietorship, partnership, association, firm, corporation, labor organization, trustee, receiver or other legal entity.
Recertification—The completion of all continuing education requirements and acquisition of the necessary continuing education credits in the manner and within the time frame set forth in this chapter.
Secretary—The Secretary of Agriculture of the Commonwealth.
Supervise or supervision—To be in contact with the Level 1 or Level 2 certified commercial manure hauler by means of a cell phone, two-way radio or other electronic device or means which allows direct communication between the Level 1 or Level 2 certified commercial manure hauler and the certified commercial manure broker of certified Level 3 hauler.
Volunteer operation—An agricultural operation that voluntarily meets the requirements of Act 38 of 2005.
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