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.11 - Determination of competence

Current through Register Vol. 54, No. 28, July 13, 2024
(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.