Current through Register Vol. 54, No. 45, November 9, 2024
Section 130e.42 - Certification requirements(a)General. The act and this chapter establish four general criteria for commercial manure haulers.(1) A person acting as a commercial manure hauler shall obtain certification as a commercial manure hauler Level 3 prior to land applying manure without supervision and prior to supervising the land application of manure by another certified commercial manure hauler. A Level 3 certified commercial manure hauler may transport or land-apply, or both, manure as a contract agent for an agricultural operator or commercial manure broker and under the direction of that operator or broker.(2) A person acting as a commercial manure hauler shall maintain certification under the requirements of the certification program.(3) When acting as a contract agent for an agricultural operator required under section 5 of the act (3 P. S. § 2010.5) to use a certified commercial manure hauler or certified commercial manure broker, the commercial manure hauler shall land apply the manure in accordance with and based upon an approved nutrient management plan or nutrient balance sheet developed by a certified commercial nutrient management specialist or a Level 2 certified commercial manure broker. When acting as a contract agent for a certified commercial manure broker, that has assumed temporary control or ownership of manure from an agricultural operator required by section 5 of the act to use a certified commercial manure hauler or certified commercial manure broker, the commercial manure hauler shall land apply the manure in accordance with and based upon an approved nutrient management plan or nutrient balance sheet developed by a certified commercial nutrient management specialist or a Level 2 certified commercial manure broker(4) Commercial manure haulers shall maintain records of all manure they transport or land-apply as required by this chapter and the recordkeeping requirements of the nutrient management regulations in 25 Pa. Code § §83.341-83.344 (relating to recordkeeping and informational requirements).(b)Application for Level 3 commercial manure hauler certification. (1)Submission of application. Submission of the required examination for certification as a Level 3 commercial manure hauler shall act as the application for a Level 3 commercial manure hauler certificate. Upon receiving and scoring the examination, the Department will send written notice to the applicant. The written notice will inform the applicant whether he passed or failed the examination. If the applicant has passed the examination, the written notice will include a temporary certificate. The temporary certificate will be valid for 30 days from the date of receipt. The holder of the temporary certification shall forward the appropriate certification fees to the Department within that 30-day time period. Upon receipt of the appropriate certification fees, the Department will mail the final certification to the holder of the temporary certificate.(2)Certified nutrient management plan writer. 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. Upon receiving a letter requesting certification, along with the certification fee, the Department will verify the applicant's nutrient management plan writer certification and good standing. Upon verification of this criteria, the Department will issue the appropriate final certification.(c)Denial of certification.(1) If an applicant for a Level 3 commercial manure hauler certification is denied, the Department will notify the applicant, in writing and specifically set forth the reasons for the denial.(2) When a Level 3 commercial manure hauler applicant is denied, the applicant shall be allowed to take the next available Level 3 commercial manure hauler written examination and submit an application, in the manner required by subsection (b), to the Department without having to repeat the certification course required by § 130e.41 (relating to determination of competence). If the applicant fails to pass the written examination for a second time, the applicant shall be required to repeat the certification course required by § 130e.41 prior to taking the written examination for a third time.(e)Level 3 commercial manure hauler to Level 2 commercial manure broker. (1) A Level 3 certified commercial manure hauler may attain a Level 2 commercial manure broker certification by meeting the requirements in § 130e.11(b) (relating to determination of competence). To be eligible to apply, the applicant shall be currently certified as a Level 3 commercial manure hauler and in good standing.(2) The Department will notify an applicant in writing of approval or denial of an application as set forth in subsections (b) and (c). If the nutrient balance sheet is determined to be adequate, the written notice will include the Level 2 commercial manure broker certificate. If the Department rejects the application, the Department will notify the applicant in writing and set forth the reasons for the rejection. When the applicant wishes to reapply for a Level 2 commercial manure broker certification, the procedures and steps related to reconsideration for a Level 2 commercial manure broker certification, established under § 130e.12(d)(3)(ii) (relating to certification requirements) apply and shall be followed. When an applicant seeks a Level 2 commercial manure broker certification and fails the nutrient balance sheet examination, the applicant shall be allowed to take the next available nutrient balance sheet examination. If the applicant fails to pass the nutrient balance sheet examination for a second time, the Department will again notify the applicant, in writing of the denial and the reason for the denial. To again be considered for a Level 2 commercial manure broker certification, the applicant shall be required to repeat the 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.