Subchapter A. GENERAL PROVISIONS
Sec.
130e.1. Scope.
130e.2. Definitions.
130e.3. Fees.
130e.4. Prohibition.
130e.5. Authority, duties and prohibitions.
130e.6. Possession of certificate and contracts.
130e.7. Notice of change in business or certification.
130e.8. General training requirements for certification.
130e.9. Approval of other training programs.§ 130e.1. Scope.
This chapter prescribes procedures relating to the certification of commercial manure haulers and brokers. This chapter includes the establishment of fees, delineates the requirements for certification of commercial manure haulers and brokers, and sets forth criteria for approval of accredited certification programs.
§ 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.§ 130e.3. Fees.
(a) Certification fees. Certification fees are nonrefundable. The following fees, which are calendar year fees, for each category and level of certification apply:
(1) Level 1 commercial manure broker. A triennial fee of $325 for a Level 1 commercial manure broker certificate.
(2) Level 2 commercial manure broker. A triennial fee of $350 for a Level 2 commercial manure broker certificate.
(3) Level 1 commercial manure hauler. An annual fee of $10 for a Level 1 commercial manure hauler certificate.
(4) Level 2 commercial manure hauler. A triennial fee of $60 for a Level 2 commercial manure hauler certificate.
(5) Level 3 commercial manure hauler. A triennial fee of $300 for a Level 3 commercial manure hauler certificate.
(b) Disposition of fees and penalties. Fees and penalties collected under the act and this chapter will be utilized to pay for administration of the act and this chapter. Fees and penalties collected under the act and this chapter will be deposited into an account created within the Nutrient Management Fund established by section 512 of Act 38 of 2005 (relating to Nutrient Management Fund) (See 3 Pa.C.S. § 512.).
§ 130e.4. Prohibition.
(a) No commercial manure hauler or commercial manure broker may transport or land apply manure in this Commonwealth on behalf of an agricultural operation, regardless of where the manure is generated, unless the hauler or broker has satisfied the following requirements:
(1) Successfully completes the certification requirements established by this chapter.
(2) Receives the appropriate certification from the Department.
(3) Continues to maintain certification as required by the act and in this chapter.
(4) Continues to have a valid certification, which has not been suspended or revoked by the Department.
(5) Continues to operate within the confines and authority of the level of certification he has received.
(b) Only those persons involved in commercial manure hauling or brokering are required to be certified to transport and land apply manure. The following are examples of noncommercial activities that do not require a person to obtain certification under the act or this chapter:
(1) An agricultural operator or an employee hauling or land applying manure generated by animals on an agricultural operation owned or leased by that agricultural operator to land owned or leased by that agricultural operator or to land owned or leased by another agricultural operator when no financial compensation is involved.
(2) An agricultural operator or an employee hauling or land applying manure, generated on a farm owned by another agricultural operator, to land owned or leased by that agricultural operator, when no financial compensation is involved.
(3) An agricultural operator or an employee hauling or land applying manure, generated on a farm owned by another agricultural operator, onto land owned by another agricultural operator, when no financial compensation is involved.
(4) An agricultural operator utilizing the equipment of another agricultural operator or equipment owned or leased by a group of agricultural operators to haul or land apply manure to land owned or leased by that agricultural operator or by another agricultural operator, when no financial compensation is involved.
(5) A CAO, CAFO or volunteer operator or an employee hauling or land applying manure generated by animals to land owned or leased by that CAO or CAFO operator, so long as it is part of his approved nutrient management plan.
(6) A CAO, CAFO or volunteer operator or an employee hauling or land applying manure generated by animals on an agricultural operation owned or leased by that agricultural operator to land owned or leased by another agricultural operator or importing agricultural operator, so long as it is part of the CAO, CAFO or volunteer operator’s approved nutrient management plan and there is no financial compensation involved.
§ 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.
§ 130e.6. Possession of certificate and contracts.
(a) Possession of certificate. Certified commercial manure brokers and certified commercial manure haulers shall carry on their person or in the vehicle being utilized to transport or land apply, or both, manure, a copy of their current certificate.
(b) Contracts. The certification number of the commercial manure broker or commercial manure hauler entering into a contract or agreement with an agricultural operator shall be included in any contract or agreement entered into by that commercial manure broker or commercial manure hauler to transport or land apply, or both, manure.
§ 130e.7. Notice of change in business or certification.
Certified commercial manure brokers and certified commercial manure haulers shall notify the Department in writing of any anticipated or proposed change in duties or responsibilities which will require a higher level of certification. The notification shall be sent prior to the person engaging in the activities requiring a higher level of certification. The person shall meet all of the requirements of the higher level of certification prior to engaging in the activities associated with the higher level of certification.
§ 130e.8. General training requirements for certification.
(a) General training criteria. For purposes of certification, the training program developed and administered or approved by the Department will, at a minimum, address the following topics:
(1) Laws and regulations pertaining to manure application.
(2) Information necessary for understanding and following a nutrient management plan and nutrient balance sheet.
(3) BMPs with respect to manure hauling and application, transport safety procedures, calibration of application rates for various types of application equipment, setbacks from water sources and property lines, nutrient runoff concerns and incorporation techniques.
(4) Recordkeeping by certified manure haulers or brokers necessary to meet the regulatory requirements of the act and Act 38 of 2005.
(b) Nutrient balance sheet. Certified manure broker training must include procedures necessary for the development and filing of a nutrient balance sheet.
§ 130e.9. Approval of other training programs.
The Department may approve, for purposes of training and education, programs developed by The Pennsylvania State University and other educational institutions or entities that meet the requirements of the act and this chapter. The educational institution or entity shall submit an application developed by the Department, along with the specific criteria of the training program it has developed. An educational institution or entity may also submit an application, developed by the Department, to administer Department approved or developed training and testing for Level 2 commercial manure haulers.
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