Current through Register Vol. 54, No. 45, November 9, 2024
Section 130e.71 - Recordkeeping(a)Commercial manure hauler . A commercial manure hauler shall maintain the following records, which shall be open to inspection by the Department or its agents during regular business hours and shall be maintained for 3 years after the date of transport or land application of the manure, whichever is later in time. When a Level 1 or Level 2 commercial manure hauler is operating as the employee of or as a contract agent for a Level 3 commercial manure hauler, the records shall be the responsibility of and kept by the Level 3 commercial manure hauler. (1)Agreement. A copy of the agreement or contract between the commercial manure hauler and each agricultural operator or commercial manure broker for which the commercial manure hauler is transporting or land applying manure, or both.(2)Records. The following records shall be maintained: (i) Records setting forth the name and address of each agricultural operator or commercial manure broker for which the commercial manure hauler has or is currently transporting or land applying, or both, manure.(ii) Records for each load of manure transported or land applied, which must detail: (A) The name and location of the agricultural operator or commercial manure broker from which the manure was obtained or on whose behalf the manure was transported or land applied, and the date and time of the transport or application, or both, of the manure.(B) The name and location of the agricultural operator, commercial manure broker, importing operation or facility or all of the these entities if more than one is involved, to which the manure was transported or on whose property the manure was land applied, or both.(C) The name, address and certification number of each person involved in the transport or application, or both, of the manure.(iii) When the commercial manure hauler is land applying the manure the following additional recordkeeping requirements apply:(A) The location of the field to which each load of manure was applied, as identified in an approved nutrient management plan or a nutrient balance sheet.(B) The name, certification number and signature of each commercial manure hauler or broker that land applied the manure to each location.(C) The date of the application.(D) The total amount of manure applied to each field.(E) The number of acres to which manure was applied.(F) The rate of manure application for each field.(G) The crop group or type of groundcover for each field to which manure was applied.(H) The source-nutrient balance sheet or appropriate summary or nutrient application sections and maps of the approved nutrient management plan-followed to determine appropriate application rates for each field to which the manure was applied.(I) When manure from a CAO, CAFO or volunteer operation is land applied on an importing operation, a copy of the nutrient balance sheet utilized for each land application.(b)Commercial manure broker. A commercial manure broker shall maintain the following records, which shall be open to inspection by the Department or its agents during regular business hours and be maintained for 3 years after the date of transport or land application of the manure, whichever is later in time. When a Level 1, Level 2 or Level 3 commercial manure hauler is operating as the employee of or as a contract agent for a Level 1 or Level 2 commercial manure broker, the records shall be the responsibility of and kept by the Level 1 or Level 2 commercial manure broker.(1)Exporter agreement. A copy of the agreement or contract between the commercial manure broker and each agricultural operator for which the commercial manure broker is transporting or land applying, or both, manure.(2)Importer agreement. A copy of any agreement between the commercial manure broker and an agricultural operator to whose agricultural operation the manure will be applied.(3)Nutrient balance sheet. A copy of the nutrient balance sheet required under section 5(1) of the act (3 P. S. § 2010.5(1)) to be provided to the importing operation and the date the nutrient balance sheet was provided to the importing operation.(4)Records. The following records shall be maintained: (i) Records setting forth the name and address of each agricultural operator or other person for which the commercial manure broker has or is currently transporting or land applying, or both, manure.(ii) Records for each load of manure transported or land applied, which details: (A) The name and location of the agricultural operator or person from which the manure was obtained or on whose behalf the manure was transported or land applied, or both, and the date and time of the transport or land application, or both, of the manure.(B) The name and location of the agricultural operator or importing operation or person to which the manure was transported or on whose property the manure was land applied, or both.(C) The name, address and certification number of each person involved in the transport or application, or both, of the manure.(iii) When the certified commercial manure broker is land applying the manure or has contracted with another properly certified commercial manure broker or commercial manure hauler to land apply the manure, the following additional recordkeeping requirements apply:(A) The field to which each load of manure was applied as identified in an approved nutrient management plan or a nutrient balance sheet.(B) The name, certification number and signature of each commercial manure hauler or broker that land applied the manure to each location.(C) The date of the application.(D) The total amount of manure applied to each field.(E) The number of acres to which manure was applied.(F) The rate of manure application for each field.(G) The crop group or type of groundcover for each field to which manure was applied.(H) The source-nutrient balance sheet or appropriate summary or nutrient application sections and maps of the approved nutrient management plan-followed to determine appropriate application rates for each field to which the manure was applied.(I) When manure from a CAO, CAFO or volunteer operation is land applied on an importing operation, a copy of the nutrient balance sheet utilized for each land application.