COMMERCIAL MANURE HAULERS—LEVEL 3
§ 130e.41. Determination of competence.
(a) Commercial manure hauler Level 3 certification. Determination of competence for a Level 3 commercial manure hauler shall be based on the successful completion of a Department-developed or approved certification course and a written examination meeting the requirements in this section. Both the certification course and the written examination shall be administered in a classroom setting. The certification course shall be completed prior to the applicant taking the written examination. 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 3 commercial manure hauler.
(b) Certification course. The certification course must, at a minimum, address the applicant’s understanding, competence and proficiency with regard to the following topics:
(1) Laws and regulations pertaining to manure application, including pertinent provisions Act 38 of 2005 and its attendant regulations in 25 Pa. Code Chapter 83, Subchapter D (relating to nutrient management), The Clean Streams Law and applicable regulations in 25 Pa. Code Chapter 102 (related to erosion and sedimentation control), the Manure Management Manual and protection of agricultural operations from nuisance suits and ordinances provisions of the act of June 10, 1982 (P. L. 454, No. 133) (3 P. S. § § 951—957).
(2) Basic nutrient management and manure management protocols and requirements and soil fertility and management.
(3) Courses presenting information necessary for understanding and properly reading and applying the provisions of a nutrient management plan and nutrient balance sheet. The courses must cover manure handling and testing, land application information, manure application setback requirements and maps contained in nutrient balance sheets and nutrient management plans. The courses must include examples and hands on experience in reading, interpreting and properly applying the provisions of a nutrient management plan and nutrient balance sheet.
(4) BMPs with respect to manure hauling and land application of manure, such as the minimum legal setback requirements from water sources, including wells, groundwater, surface waters, wetlands, public water supplies, perennial and intermittent streams and property lines, controlling nutrient runoff, installing riparian buffers, updating and following erosion and sedimentation control plans, seasonal manure application concerns and incorporation and no-till farming techniques.
(5) Recordkeeping requirements necessary to meet the statutory and regulatory requirements of Act 38 of 2005.
(6) The following matters pertaining to manure transport and land application:
(i) Courses covering the filing requirements in the act.
(ii) Community relation and public image awareness, to encourage dialogue and promote cooperation.
(iii) Basic awareness of safety issues related to manure management, manure handling and biosecurity, as well as, transport safety procedures and highway and equipment safety.
(iv) Understanding emergency action plans.
(v) Proper calibration of application rates and techniques and requirements for calibrating all types of application equipment normally utilized to land apply manure.
(vi) Understanding of land application issues, such as, incorporation, compaction and winter application.
(vii) 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.
(c) Certification course and written examination. The Department or an approved educational institution or entity, as provided for in the act, may develop and administer the training courses and proctor the written examinations. Certification courses and examinations for Level 3 commercial manure haulers will be offered at least twice per year, or more often as deemed necessary by the Department. The certification courses and examinations will be offered at various locations across this Commonwealth in a manner that will insure Statewide coverage and access. At a minimum, the successful completion of the examination will demonstrate the applicant’s understanding of transport and land application of manure on agricultural operations and the applicant’s technical knowledge and proficiency relating to interpretation and implementation of nutrient management plans and nutrient balance sheets, as well as, the applicant’s knowledge of recordkeeping requirements. The written examination must, at a minimum, address the topics and areas required to be addressed by the certification course, as set forth in subsection (b).
Cross References This section cited in 7 Pa. Code § 130e.42 (relating to certification requirements); 7 Pa. Code § 130e.51 (relating to commercial manure broker and hauler continuing education requirements); and 7 Pa. Code § 130e.52 (relating to continuing education credit course providers).
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