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.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:
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.