§ 130e.5. Authority, duties and prohibitions.
(a) Commercial manure broker.
(1) Authority. A person certified as a commercial manure broker under this chapter is authorized to assume temporary control or assume ownership of manure from an agricultural operation and to perform the following duties and activities:
(i) Level 1 certified commercial manure broker. A person certified under this chapter as a Level 1 commercial manure broker is authorized to arrange transport of manure to and utilization of manure at an importing operation or other location. Utilization of manure at an importing operation or other location includes land application of manure on an importing operation or other location. A Level 1 certified commercial manure broker is authorized to direct and supervise a Level 1 certified commercial manure hauler under contract with the Level 1 certified commercial manure broker with regard to transportation and stacking of manure. A Level 1 certified commercial manure broker is authorized to direct and supervise a Level 2 certified commercial manure hauler, employed by or under contract with the broker, in the land application of manure.
(ii) Level 2 certified commercial manure broker. A person certified under this chapter as a Level 2 commercial manure broker is authorized to carry out all of the duties of a Level 1 commercial manure broker. A Level 2 certified commercial manure broker is further authorized to develop nutrient balance sheets for importing operations in accordance with this chapter and in accordance with the standards established by the State Conservation Commission under Act 38 of 2005 and 25 Pa. Code Chapter 83, Subchapter D (relating to nutrient management).
(2) Duties.
(i) In accordance with section 4(b) of the act (3 P. S. § 2010.4(b)), a commercial manure broker shall, when land-applying manure on behalf of an agricultural operator, required under section 5 of the act (3 P. S. § 2010.5) to utilize a certified manure hauler or certified manure broker, do so only in accordance with an approved nutrient management plan or nutrient balance sheet.
(ii) In accordance with section 5(2) of the act (3 P. S. § 2010.5(2)), a commercial manure broker that enters into a contract with a CAO, CAFO or volunteer operation shall provide, no later than the time of transfer of the manure, copies of the nutrient balance sheet to both the importing operation and to the county conservation districts in the counties in which the importing and exporting operations are located.
(3) Prohibition. Certification under this chapter does not bestow authority upon a commercial manure broker to develop a nutrient management plan for another person, review that plan or make recommendations with regard to manure application that are outside the manure application standards in the approved nutrient management plan or nutrient balance sheet for the particular importing operation or other location.
(b) Commercial manure hauler.
(1) Authority. A person certified as a commercial manure hauler under this chapter is authorized to transport or land apply, or both, manure as a contract agent for an agricultural operator or certified commercial manure broker under the direction of the agricultural operator or certified commercial manure broker and to perform the following duties and activities:
(i) Level 1 commercial manure hauler. A person certified under this chapter as a Level 1 commercial manure hauler is authorized to transport manure as a contract agent or employee of and under the direction and supervision of an agricultural operator or a certified commercial manure broker or a Level 3 certified commercial manure hauler.
(ii) Level 2 certified commercial manure hauler. A person certified under this chapter as a Level 2 commercial manure hauler is authorized to transport manure as a contract agent or employee of and under direction of an agricultural operator or a certified commercial manure broker or Level 3 commercial manure hauler. A Level 2 certified commercial manure hauler is authorized to land apply manure at an importing operation or other location only under the following conditions:
(A) As an employee or contract agent of and under the direction and supervision of a certified commercial manure broker, as set forth in subsection (a)(1).
(B) As an employee or contract agent of and under the direction and supervision of a Level 3 certified commercial manure hauler, as set forth in subparagraph (iii).
(iii) Level 3 certified commercial manure hauler. A person certified under this chapter as a Level 3 commercial manure hauler is authorized to transport and land apply manure as a contracted agent for and under the direction of an agricultural operator or certified commercial manure broker. A Level 3 certified commercial manure hauler has the authority to direct and supervise Level 1 and Level 2 certified commercial manure haulers.
(2) Duties. In accordance with section 4(b) of the act, a commercial manure hauler shall, when land applying manure on behalf of an agricultural operator required under section 5 of the act to utilize a certified manure hauler or certified manure broker, do so only in accordance with an approved nutrient management plan or nutrient balance sheet.
(3) Prohibitions. Certification under this chapter does not bestow authority upon a commercial manure hauler to develop a nutrient balance sheet or nutrient management plan for another person, review that plan or make recommendations with regard to manure application that are outside the manure application standards in the approved nutrient management plan or nutrient balance sheet for the particular importing operation or other location.
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