reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130d - APPLICATION OF SOIL AND GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS TO AGRICULTURAL LANDS › Subchapter E - GENERAL REQUIREMENTS AND EXCEPTIONS FOR USE AND APPLICATION OF GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS AS TANK MIX › Section 130d.52 - General exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When
				  the chemical and waste analysis results manifest that the types and
				  concentrations levels of agricultural chemicals contained in the quantity of
				  groundwater, generated as a result of remediation activities at an agricultural
				  chemical facility, sought to be land applied are at levels below DEP published
				  MCL and HAL standards, the Department may allow the groundwater to be utilized
				  as tank mix.
(b) When the
				  Department permits groundwater contaminated with agricultural chemicals to be
				  utilized as tank mix, the Department may waive certain provisions of this
				  chapter. The Department will determine which provisions to waive based on the
				  information contained in the land application proposal, with special attention
				  to the types, levels and concentrations of agricultural chemicals in the
				  groundwater the applicant is seeking to apply. The Department will set forth
				  the waivers specifically in its letter of approval.
(c) The Department will not waive the
				  following provisions:
(1) Subchapter B
				  (relating to land application proposal requirements for permission to apply
				  soil and groundwater contaminated with agricultural chemicals to agricultural
				  land).
(2) Subchapter C (relating
				  to land application proposal review procedures).
(3) Subchapter D (relating to general
				  operating requirements for land application of soil and groundwater
				  contaminated with agricultural chemicals to agricultural land).
(4) Subchapter F (relating to
				  closure).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130d - APPLICATION OF SOIL AND GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS TO AGRICULTURAL LANDS › Subchapter F - CLOSURE › Section 130d.61 - Site closure plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. The applicant approved by the Department to land
				  apply soil and groundwater contaminated with agricultural chemicals to
				  agricultural land shall submit a site closure plan and final report delineating
				  the results of the land application activity to the Department. The site
				  closure plan and final report shall be filed with the Department within 60 days
				  of final closure of the application site.
(b)
Contents of plan
. The
				  site closure plan shall include the following:
(1) A proposed postapplication field soil
				  sampling and analysis plan which shall be consistent with the procedures for
				  soil sampling and analysis in §
											§
											130d.22 and
				  130d.23 (relating to chemical
				  analysis of waste and sampling techniques and protocol; and waste sampling
				  plan).
(2) The compounds analyzed
				  for and the methods of analysis. This should be consistent with the initial
				  background components analyzed and the methods used.
(3) A discussion of any problems encountered
				  during the project and actions taken to correct any problems or
				  violations.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130d - APPLICATION OF SOIL AND GROUNDWATER CONTAMINATED WITH AGRICULTURAL CHEMICALS TO AGRICULTURAL LANDS › Subchapter F - CLOSURE › Section 130d.62 - Final report

Current through Register Vol. 54, No. 28, July 13, 2024
The applicant approved by the Department to apply soil and
					 groundwater contaminated with agricultural chemicals to agricultural land shall
					 submit a final report to the Department. The final report shall be submitted to
					 the Department within 60 days of final closure of the application site and
					 shall contain the final results of the site closure plan, a narrative
					 describing both positive and negative results of the land application and the
					 following information:
(1) The names
				  of the persons supervising the application.
(2) The total acreage on which the soil or
				  groundwater, or both, contaminated with agricultural chemicals was
				  applied.
(3) The dates of each
				  application.
(4) The start and stop
				  time of each application.
(5) The
				  weather conditions during each application.
(6) The calibration measures used.
(7) The type of equipment used.
(8) The type of incorporation method used and
				  the date of incorporation.
(9) The
				  types and concentrations of agricultural chemicals present in each soil pile or
				  quantity of groundwater and the specific field to which each soil pile or
				  quantity of groundwater, or both, was applied.
(10) A discussion of any problems that
				  occurred and actions taken to correct the problems.
(11) The analytical results of both the
				  original application site analysis and the field closure soil sampling
				  plan.
This section cited in 7 Pa. Code §
												130d.4 (relating to retained
						recordkeeping); and 7 Pa. Code §
												130d.47 (relating to
						reports).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130e - COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 130e.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130e - COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 130e.3 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130e - COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 130e.4 - Prohibition

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130e - COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 130e.5 - Authority, duties and prohibitions

Current through Register Vol. 54, No. 28, July 13, 2024
(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).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130e - COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 130e.6 - Possession of certificate and contracts

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130e - COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 130e.7 - Notice of change in business or certification

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130e - COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 130e.8 - General training requirements for certification

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130e - COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 130e.9 - Approval of other training programs

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130e - COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION › Subchapter B - CERTIFICATION › COMMERCIAL MANURE BROKERS › Section 130e.12 - Certification requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. The act and this chapter establish four general
					 criteria for commercial manure brokers.
(1) A
					 person acting as a commercial manure broker shall obtain certification as a
					 commercial manure broker prior to assuming temporary control or ownership of
					 manure from an agricultural operation or arranging for transportation to or
					 utilization of manure at, or both, an importing operation or other
					 location.
(2) A person acting as a
					 commercial manure broker shall maintain certification under the requirements of
					 the certification program.
(3) When
					 acting as a contract agent for an agricultural operator required by 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 broker shall land apply the manure in accordance with and
					 based upon an approved nutrient management plan or a nutrient balance sheet
					 developed by a certified nutrient management specialist or a Level 2 certified
					 commercial manure broker.
(4)
					 Commercial manure brokers shall maintain the records of the manure they broker,
					 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).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130e - COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION › Subchapter B - CERTIFICATION › COMMERCIAL MANURE HAULERS-LEVEL 1 › Section 130e.22 - Certification requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General criteria for Level 1 commercial manure haulers
.
(1) A person acting as a commercial manure
					 hauler shall obtain certification as a Level 1 commercial manure hauler prior
					 to transporting manure.
(2) A
					 person certified as a Level 1 commercial manure hauler shall be qualified to
					 transport manure only.
(3) The
					 transportation of manure shall be done as a contract agent for an agricultural
					 operator or a certified commercial manure broker. A Level 1 certified
					 commercial manure hauler, may transport manure as an employee or agent of a
					 certified commercial manure broker or a Level 3 certified commercial manure
					 hauler. A Level 1 certified commercial manure hauler may not land apply
					 manure.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130e - COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION › Subchapter B - CERTIFICATION › COMMERCIAL MANURE HAULERS-LEVEL 2 › Section 130e.31 - Determination of competence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Level 2 commercial manure hauler
. Determination of competence
					 for a Level 2 commercial manure hauler shall be based on the successful
					 completion of a certification course and a written examination as set forth in
					 this section. Certification requirements for a Level 2 commercial manure hauler
					 include a nonclassroom certification course developed or approved by the
					 Department and a proctored examination. The nonclassroom certification course
					 must include a training manual. The written examination shall be completed by
					 the applicant without the aid or assistance of another person. The applicant
					 for a Level 2 commercial manure hauler certification may utilize the training
					 manual and his own notes when taking the written examination. The written
					 examination shall be available at and shall be taken at one of the following:
(1) A county conservation district
					 office.
(2) An educational
					 institution or entity that developed an approved course or has been approved to
					 administer Department-approved or developed training and testing for Level 2
					 commercial manure haulers.
(3) The
					 Department or a regional office location of the Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130e - COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION › Subchapter B - CERTIFICATION › COMMERCIAL MANURE HAULERS-LEVEL 2 › Section 130e.32 - Certification requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. General criteria for Level 2 commercial manure
					 haulers are as follows:
(1) A person shall
					 obtain certification as a commercial manure hauler Level 2 prior to
					 land-applying manure.
(2) Manure
					 land-applied by a Level 2 certified commercial manure hauler shall only be
					 applied under the supervision of a Level 1 or Level 2 certified commercial
					 manure broker or a Level 3 certified commercial manure hauler acting as a
					 contract agent for an agricultural operator or commercial manure
					 broker.
(3) When acting as a
					 contract agent for an agricultural operator required by section 5 of the act
					 (3 P.
					 S. §
													2010.5) to use a certified
					 commercial manure hauler or certified commercial manure broker, shall land
					 apply the manure in accordance with and based upon an approved nutrient
					 management plan or a nutrient balance sheet developed by a certified commercial
					 nutrient management specialist or a Level 2 certified commercial manure
					 broker.
(4) The Level 2 commercial
					 manure hauler shall maintain the records of manure transported or land-applied
					 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).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130e - COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION › Subchapter B - CERTIFICATION › COMMERCIAL MANURE HAULERS-LEVEL 3 › Section 130e.42 - Certification requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(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).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130e - COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION › Subchapter B - CERTIFICATION › CONTINUING EDUCATION REQUIREMENTS › Section 130e.51 - Commercial manure broker and hauler continuing education requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Continuing education credit requirements
. To maintain
					 certification, certified commercial manure brokers and commercial manure
					 haulers shall be required to obtain continuing education credits. The number of
					 continuing education credits required shall be based on the level of
					 certification. The Department will develop or may approve continuing education
					 credit courses for each level of certification.
(1)
Level 1 and 2 commercial manure
					 brokers and Level 3 commercial manure haulers
. Every 3 calendar years,
					 Level 1 and Level 2 commercial manure brokers and Level 3 commercial manure
					 haulers, shall provide written documentation of completion of the required
					 number of continuing education credits. Continuing education credits shall be
					 received by attending and completing Department-developed or approved
					 continuing education courses in the competency requirements set forth in the
					 initial certification courses for the particular level at which the person is
					 certified. Competency requirements for Level 1 and Level 2 commercial manure
					 brokers are set forth in §
												130e.11 (relating to determination
					 of competence) and competency requirements for Level 3 commercial manure
					 haulers are delineated in §
												130e.41 (relating to determination
					 of competence). Continuing education credit courses and credits offered in
					 conjunction with the Department's nutrient management plan certification
					 regulations meet the requirements for continuing education credits under this
					 section.
(2)
Level 2
					 commercial manure haulers
. Every 3 calendar years, Level 2 commercial
					 manure haulers shall provide written documentation of completion of the
					 required number of continuing education credits. Continuing education credits
					 shall be received by attending and completing Department-developed or approved
					 continuing education courses in the competency requirements for a Level 2
					 commercial manure hauler, which are set forth in §
												130e.31 (relating to determination
					 of competence).
(3)
Level 1
					 commercial manure haulers
. Every calendar year, Level 1 commercial
					 manure haulers shall complete an updated work sheet as set forth in subsection
					 (b)(2)(ii)(d).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130e - COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION › Subchapter B - CERTIFICATION › DENIAL, SUSPENSION AND REVOCATION OF COMMERCIAL MANURE BROKER OR HAULER CERTIFICATES › Section 130e.61 - Denial, suspension and revocation of certificates

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General power and
					 authority
. The Department may, after notice, including a statement of
					 the reasons therefore, deny, suspend or revoke the certification of a
					 commercial manure broker or commercial manure hauler for one or more of the
					 following reasons:
(1) A violation of the act
					 or this chapter.
(2) Failure to
					 obtain the required continuing education credits in §
												130e.51 (relating to commercial
					 manure broker and hauler continuing education requirements).
(3) Inconsistency and demonstration of a lack
					 of knowledge or proficiency in the proper handling, transportation or land
					 application of manure, including violations of the act, Act 38 of 2005 or The
					 Clean Streams Law.
(4) Three or
					 more occurrences within a 3-year period of noncompliance with recordkeeping
					 requirements, including delay or noncommunication with an agricultural
					 operator, a conservation district or the Department in providing requested or
					 required information or recordkeeping documentation.
(5) Falsifying information.
(6) Allowing certification to
					 lapse.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130f - ODOR MANAGEMENT CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 130f.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter prescribes the procedures and qualifications
					 related to certification of odor management specialists. This chapter includes
					 the establishment of fees, delineates the requirements for certification of
					 odor management specialists, including recertification criteria and sets forth
					 the conditions of denial, suspension and revocation of odor management
					 certification.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130f - ODOR MANAGEMENT CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 130f.3 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Certification fees
. Certification fees are nonrefundable. The
				  Department has established the following certification fees for each level of
				  odor management specialist:
(1) Individual
				  odor management specialist-A triennial fee of $15.
(2) Commercial odor management specialist-A
				  triennial fee of $200.
(3) Public
				  odor management specialist-A triennial fee of $25.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130f - ODOR MANAGEMENT CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 130f.4 - Certification authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Individual certification authority.
A person certified under
				  this chapter as an individual odor management specialist is authorized to
				  develop OMPs for his own agricultural operation. An individual odor management
				  specialist has no authority to develop an OMP plan for another person or review
				  and recommend action on an OMP.
(b)
Commercial certification authority.
A person certified under
				  this chapter as a commercial odor management specialist is authorized to
				  develop OMPs for another person's agricultural operation. A commercial odor
				  management specialist has no authority to review or recommend action on an
				  OMP.
(c)
Public
				  certification authority.
A person certified under this chapter as a
				  public odor management specialist is authorized to review OMPs and make
				  recommendations for approval or denial of OMPs.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130f - ODOR MANAGEMENT CERTIFICATION › Subchapter B - CERTIFICATION › COMMERCIAL AND PUBLIC ODOR MANAGEMENT SPECIALISTS › Section 130f.11 - Determination of competence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Commercial odor management specialist
. Determination of
					 competence for a commercial odor management specialist shall be based on the
					 successful completion of provisional certification training and examinations as
					 set forth in this section and the successful completion of the final
					 certification requirements established under this chapter.
(1) Provisional certification requirements
					 for a commercial odor management specialist include an orientation training
					 course, an OMP writing course and a written examination approved by the
					 Department.
(2) Final certification
					 of a commercial odor management specialist requires the development of two
					 approved OMPs as set forth in subsection (h)(1). OMPs developed under this
					 subsection will be determined to be adequate by the Department or its
					 designee.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130f - ODOR MANAGEMENT CERTIFICATION › Subchapter B - CERTIFICATION › COMMERCIAL AND PUBLIC ODOR MANAGEMENT SPECIALISTS › Section 130f.12 - Final certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application for final certification
. Upon completion of all
					 the provisional certification requirements of this chapter, a provisionally
					 certified commercial odor management specialist or public odor management
					 specialist may submit an application to the Department for final certification.
					 The appropriate certification fee, as set forth in §
											130f.3(a)
					 (relating to fees), must accompany the application for final
					 certification.
(b)
Eligibility for final certification
. A person is eligible to
					 apply for final certification as a commercial or public odor management
					 specialist upon fulfilling the applicable requirements established under §
											130f.11 (relating to determination
					 of competence). An application for final certification may be obtained from the
					 Department.
(c)
Time period
					 for filing application
. An application for final certification shall
					 be filed with the Department within 120-calendar days of notification by the
					 Department of meeting the appropriate requirements in §
											130f.11. If the applicant fails to
					 file an application with the Department within the prescribed 120-calendar
					 days, that person shall again satisfy the appropriate competency requirements
					 as provided in § 130f.11.
(d)
Time period final certification is valid
. Final certification
					 is valid for 3 years ending on December 31 of the third year following the date
					 of final certification. However, the Department will authorize an additional
					 year when the certification is issued during the last 2 months of the initial
					 certificate year.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130f - ODOR MANAGEMENT CERTIFICATION › Subchapter B - CERTIFICATION › INDIVIDUAL ODOR MANAGEMENT SPECIALISTS › Section 130f.21 - Determination of competence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Determination of competence for an individual odor management specialist shall
					 be based on the completion of required training which includes an orientation
					 training course and a competency evaluation developed or approved by the
					 Department.
(b) The orientation
					 training course shall at a minimum consist of the same requirements as in
					 §
											130f.11 (relating to determination
					 of competence).
(c) The competency
					 evaluation will be administered by the Department or its designee. The
					 Department or its designee will administer the competency evaluation in
					 association with the orientation training course on an as needed basis, which
					 will be determined by the number of requests for the training. At a minimum,
					 the successful completion of the competency evaluation will demonstrate an
					 examinee's technical knowledge relating to odor management planning and OMP
					 development in the following areas:
(1)
					 Application of an odor evaluation methodology approved by the Commission which
					 may include the Odor Site Index.
(2) Odor generation and transmission
					 principles.
(3) Environmental and
					 economic impacts associated with odor management.
(4) Land use issues related to odor impacts
					 and management.
(5) OMP components
					 and content.
(6) Technology,
					 application and implementation of Odor BMPs.
(7) Odor management regulatory requirements
					 of agricultural operations.
(8)
					 Recordkeeping requirements.
(9)
					 Other applicable laws and regulations related to or conjoined with odor
					 management.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130f - ODOR MANAGEMENT CERTIFICATION › Subchapter B - CERTIFICATION › INDIVIDUAL ODOR MANAGEMENT SPECIALISTS › Section 130f.22 - Final certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 person is eligible to apply for final certification as an individual odor
					 management specialist upon fulfilling the requirements under §
											130f.21 (relating to determination
					 of competence). An application for certification may be obtained from the
					 Department. The appropriate fee must accompany the specialist's application for
					 certification.
(b) An application
					 for certification shall be filed with the Department no later than 120-calendar
					 days after the applicant's completion of the competency requirements. If the
					 applicant fails to file an application with the Department within the
					 prescribed 120-calendar days, that person shall again satisfy the competency
					 requirements as provided in § 130f.21.
(c) A certificate is valid for 3 years ending
					 on December 31 of the third year following the date of certification. However,
					 the Department will authorize an additional year when the certification is
					 issued during the last 2 months of the initial certificate year.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 130f - ODOR MANAGEMENT CERTIFICATION › Subchapter D - DENIAL, SUSPENSION, REVOCATION › Section 130f.41 - Denial, suspension and revocation of certificates

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may, after notice,
				  including a statement of the reason therefore, deny, suspend or revoke a
				  commercial, public or individual odor management specialist certification for
				  any of the following:
(1) A violation of the
				  act or this chapter.
(2) Failure to
				  obtain the required recertification credits.
(3) Inconsistency or demonstration of a lack
				  of knowledge of OMP writing and review skills.
(4) Three or more occurrences within a 3-year
				  period of delay or noncommunication with a landowner or review agency during
				  plan development or review.
(5)
				  Falsifying information.
(6)
				  Misrepresentation associated with the act or its attendant
				  regulations.
(7) A violation of
				  program policy established by the Department, its designee or the
				  Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 131 - RULES OF PRACTICE AND PROCEDURE › PRELIMINARY PROVISIONS › Section 131.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
				  governs the practice and procedure before the Department in adjudicatory
				  proceedings relating to matters within the jurisdiction of the
				  Department.
(b) This chapter is not
				  applicable to a proceeding to the extent that the applicable statute governing
				  or authorizing the proceeding sets forth inconsistent practice or
				  procedure.
(c) Existing rules and
				  regulations of the Department relating to practice and procedure are hereby
				  suspended to the extent they are inconsistent with this chapter.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 131 - RULES OF PRACTICE AND PROCEDURE › PRELIMINARY PROVISIONS › Section 131.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Action
-An order, decree, decision,
					 determination or ruling by the Department affecting personal or property
					 rights, privileges, immunities, duties, liabilities or obligations of a person,
					 including, but not limited to, denials, modifications, suspensions and
					 revocations of permits, licenses and registrations, and orders to cease the
					 operation of an establishment or facility.
Department
-The Department of
					 Agriculture.
Hearing examiner
-A person designated to
					 preside at hearings or conferences.
Intervener
-A person intervening or
					 petitioning to intervene as provided by this chapter when admitted as a
					 participant to a proceeding.
Party
-The department whose action is
					 appealed from, an intervener and a person appealing an action whether
					 designated as an applicant, respondent or otherwise.
Person
-An individual, partnership,
					 association, corporation, political subdivision, municipality, authority or
					 other entity.
Respondent
-A person subject to a statute
					 or other delegated authority administered by the Department to whom an order or
					 notice is issued by the Department instituting a proceeding or investigation on
					 its own initiative or otherwise.
Secretary
-The Secretary of Agriculture.
					 Where appropriate, the term means a hearing examiner or other person acting for
					 the Secretary.
Supersedeas
-A suspension of the effect of
					 an action of the Department pending proceedings before the
					 Secretary.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 131 - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 131.11 - Time

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Appeals,
				  briefs, notices and other documents required or permitted to be filed under
				  this chapter shall be received by the Secretary within the time limits, if any,
				  for the filing. The date of receipt by the Secretary and not the date of
				  deposit in the mails is determinative. The time fixed or the period of time
				  prescribed for the filing may be extended by the Secretary for good cause upon
				  motion made before expiration of the time for filing.
(b) Actions of the Department are effective
				  as of the date of issuance of written notification of the action unless
				  otherwise specially provided in the notice. The day of issuance is the day the
				  Department mails or delivers copies of the notice of the action to the parties
				  or makes the copies public.
(c)
				  Subsections (a) and (b) supersede 1 Pa. Code §
										§
										31.11 and
				  35.31 (relating to timely filing
				  required; and notice and action on petitions to intervene) and other applicable
				  sections of the general rules including sections concerning the same, similar
				  or related subject matter as subsections (a) and (b).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 131 - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 131.12 - Appearances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party may
				  appear in his own behalf or may be represented by an attorney at law admitted
				  to practice before the Supreme Court of Pennsylvania. In appropriate
				  circumstances, the Secretary may require that a party be represented by an
				  attorney.
(b) In the absence of an
				  attorney, a partnership may be represented by any of its members; a corporation
				  or association may be represented by any of its officers.
(c) A notice of appearance shall be filed
				  with the Secretary.
(d) Subsections
				  (a)-(c) supplement 1 Pa. Code §
										§
										31.21 and
				  31.22 (relating to appearance in
				  person; and appearance by attorney).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 131 - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 131.13 - Service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Notices and
				  other documents shall be served upon the person designated in the notice of
				  appearance and shall be served by mail, in which case, unless provided
				  otherwise in this chapter, the date of service shall be the day of deposit in
				  the United States mail or by personal service. Where appropriate, the Secretary
				  may require proof of service.
(b)
				  Publication of a notice of action or proposed action by the Department in the
Pennsylvania Bulletin
constitutes notice to or service upon
				  all persons, except a party, effective as of the date of publication.
(c) Subsections (a) and (b) supplement 1 Pa.
				  Code §
										33.33 (relating to effect of
				  service upon an attorney) and supersede 1 Pa. Code §
										§
										31.26 and
				  35.105 (relating to service on
				  attorneys; and notice of nonrulemaking proceedings) and other applicable
				  sections of the general rules including sections concerning the same, similar
				  or related subject matter as subsections (a) and (b).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 131 - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 131.14 - Interveners

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Petitions for
				  leave to intervene in a proceeding before the Secretary shall be filed prior to
				  initial presentation of evidence in the proceeding and shall set forth the
				  specific grounds for the proposed intervention, the position and interest of
				  the petitioner in the proceeding and a statement wherein the interest is or may
				  be inadequately represented in the proceeding.
(b) Intervention is discretionary with the
				  Secretary and shall be subject to the terms and conditions the Secretary may
				  prescribe.
(c) Subsections (a) and
				  (b) supplement 1 Pa. Code §
										§
										35.28 and
				  35.29 (relating to eligibility to
				  intervene; and form and contents of petitions to intervene) and supersede 1 Pa.
				  Code §
										§
										35.27,
				  35.30 and
				  35.31 (relating to initiation of
				  intervention; filing petitions to intervene; and notice and action on petitions
				  to intervene) and other applicable sections of the general rules including
				  sections concerning the same, similar or related subject matter as subsections
				  (a) and (b).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 131 - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 131.15 - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon request,
				  the Secretary will provide to the parties subpoenas for the attendance of
				  witnesses or for the production of documentary evidence which will be served in
				  the same manner as notices and other documents.
(b) Compliance with subpoenas may be excused
				  by the Secretary when he determines that the testimony of documents are not
				  relevant or material to the issues or for other cause.
(c) Subsections (a) and (b) supplement 1 Pa.
				  Code §
										35.142 (relating to
				  subpoenas).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 131 - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 131.16 - Supersedeas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An appeal or
				  other proceeding before the Secretary does not act as a supersedeas to the
				  action of the Department unless granted by the Department or the
				  Secretary.
(b) A petition for
				  supersedeas may be filed with the Secretary at any time during the proceeding
				  and shall set forth the specific grounds for which it is requested. In granting
				  a supersedeas, the Secretary may impose conditions warranted by the
				  circumstances including, where appropriate, the filing of a bond or other
				  security. Except for compelling reasons justifying a supersedeas, a supersedeas
				  will be denied in cases of health hazard or nuisance which either exists or is
				  threatened.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 131 - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 131.17 - Docket

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Secretary
				  will maintain a docket of proceedings and each proceeding as initiated will be
				  assigned an appropriate designation.
(b) The docket shall be available for
				  inspection and copying by the public during regular office hours of the office
				  of the Secretary.
(c) Subsections
				  (a) and (b) supersede 1 Pa. Code §
										33.51 (relating to docket) and
				  other applicable sections of the general rules including sections concerning
				  the same, similar or related subject matter as subsections (a) and
				  (b).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 131 - RULES OF PRACTICE AND PROCEDURE › INSTITUTION OF PROCEEDINGS › Section 131.21 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Actions taken
				  by a subordinate officer under authority delegated by the Secretary may be
				  appealed to the Secretary by filing a written appeal within 15 days from the
				  date of service of notice of the action.
(b) The appeal shall set forth the name,
				  address and telephone number of the appellant and shall include or be
				  accompanied by a copy of the written notification of the action of the
				  Department and a specification of objections setting forth the manner in which
				  appellant is aggrieved by the action and the relevant issues to be resolved by
				  the Secretary. Thereafter, the proceedings shall be limited to the issues set
				  forth in the specification of objections.
(c) Failure to comply with this section shall
				  be a sufficient basis for dismissing the appeal. The action of the Department
				  is final to a person who fails to file an appeal or to perfect an appeal under
				  this section.
(d) Subsections
				  (a)-(c) supersede 1 Pa. Code §
										35.20 (relating to appeals from
				  actions of the staff) and other applicable sections of the general rules
				  including sections concerning the same, similar or related subject matter as
				  provided in subsections (a)-(c).