Current through Register Vol. 54, No. 45, November 9, 2024
Section 130e.11 - Determination of competence(a)Commercial manure broker certification. Determination of competence for Level 1 and Level 2 commercial manure brokers shall be based on the successful completion of the certification course and a proctored written examination as set forth in this section. Certification requirements for a commercial manure broker include a Department developed or approved certification course and proctored written examination, both of which shall be administered in a classroom setting. The certification course shall be completed prior to the applicant taking the written examination or the nutrient balance sheet writing course. 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 1 commercial manure broker.(b)Additional requirements for a Level 2 commercial manure broker certification. In addition to completing the requirements for and attaining a Level 1 commercial manure broker certification, an applicant for Level 2 commercial manure broker certification shall be required to attend appropriate nutrient management plan writing certification courses related to nutrient balance sheet development and then pass a proctored nutrient balance sheet examination administered or approved by the Department. The nutrient management plan writing courses have been developed under the Nutrient Management Certification Program in Chapter 130b. The nutrient balance sheet examination will be developed or approved by the Department and shall be administered as a proctored classroom examination. The applicant for a Level 2 commercial manure broker certification shall first complete the required nutrient management plan writing courses, before being eligible to take the Nutrient Balance Sheet Examination. The Nutrient Balance Sheet Examination must require the applicant for the Level 2 commercial manure broker certification to develop a nutrient balance sheet based on an importing farm scenario developed or approved by the Department. 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, meets the requirements to be certified as a Level 1 commercial manure broker and may be certified as a Level 2 commercial manure broker upon taking the necessary nutrient management plan writing courses, related to nutrient balance sheet development, and passing the appropriate testing criteria.(c)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 of Act 38 of 2005 and Act 38 of 2005 regulations. The Clean Streams Law and applicable regulations in 25 Pa. Code Chapter 102 (relating to erosion and sedimentation control), the Manure Management Manual and the protection of agricultural operations from nuisance suits and ordinances under 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 the act and Act 38 of 2005.(6) Courses teaching development and filing of a nutrient balance sheet and appropriate manure production application and testing information, manure application setback requirements and maps contained in a nutrient management plan. These courses must cover the filing requirements set forth in the act and require the applicant to display competence in reading and properly interpreting the provisions of a nutrient management plan and nutrient balance sheet and actual development of a nutrient balance sheet.(7) Community relations and public image awareness, to encourage dialogue and promote cooperation.(8) Basic awareness of safety issues related to manure management, manure handling and biosecurity, as well as, transport safety procedures and highway and equipment safety.(9) Understanding emergency action plans.(10) Proper calibration techniques and requirements for all types of equipment normally utilized to land apply manure, to assure proper application rates.(11) Understanding of land application issues, such as incorporation, compaction and winter application.(12) Understanding the proper placement of stacking areas and temporary storage of manure.(d)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. The certification courses and examinations will be offered at least twice per calendar 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 all topics and areas required to be addressed by the certification course, as set forth in subsection (c).(e)Other examinations. The Department may approve the use of written examinations other than the Pennsylvania Commercial Manure Broker and Hauler Examination, if the written examinations meet the requirements in subsection (d). This section cited in 7 Pa. Code § 130e.12 (relating to certification requirements); 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).