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 completion of a certification program developed or approved by the Department as set forth in section 3(a) and (b) of the act (3 P. S. § 2010.3(a) and (b)). The certification program must consist of a work sheet developed or approved by the Department. The work sheet shall be filled out and signed in the presence of a certified Level 3 commercial manure hauler or certified Level 1 or 2 commercial manure broker. The certified Level 3 commercial manure hauler or certified Level 1 or 2 commercial manure broker shall sign the work sheet along with the Level 1 commercial manure hauler. The work sheet must contain a verification statement whereby the certified Level 3 commercial manure hauler or certified Level 1 or 2 commercial manure broker attests that the person being certified has reviewed and understands the information in the work sheet, will be operating under the direction and supervision of the certified Level 3 commercial manure hauler or certified Level 1 or 2 commercial manure broker and that the certified Level 3 commercial manure hauler or certified Level 1 or 2 commercial manure broker accepts full responsibility for all actions of the person being certified as a Level 1 commercial manure hauler, with respect to the transport and stacking of manure. A Level 1 certified commercial manure hauler shall also be given a training manual developed or approved by the Department. The training manual shall be kept in any vehicle utilized by a Level 1 commercial manure hauler. The work sheet and training manual will be available at 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. In addition, the Department will make the work sheets and training manuals available to commercial manure hauling and brokering businesses upon request.
(b) Certification course. A Level 1 commercial manure hauler nonclassroom certification program and the work sheet must, at a minimum, address and determine the applicant’s level of understanding, competence and proficiency with regard to the following topics:
(1) Recordkeeping requirements necessary to meet the statutory and regulatory requirements of the act and Act 38 of 2005.
(2) The following matters pertaining to manure transport and stacking:
(i) Community relations and public image awareness, to encourage dialogue and promote cooperation.
(ii) Basic awareness and understanding of safety issues related to, manure handling and biosecurity, 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, such as set back requirements, placement and covering requirements and short and long-term stacking requirements.
(v) Certification requirements of the act.
Cross References This section cited in 7 Pa. Code § 130e.52 (relating to continuing education credit course providers).
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