7 Pa. Code § 130b.2

Current through Register Vol. 55, No. 1, January 4, 2025

Section 130b.2 - Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Act-3 Pa.C.S. § § 311-522.

Agricultural operations-The management and use of farming resources for the production of crops, livestock or poultry.

BMP-Best management practice-

(i) A practice or combination of practices determined by the Commission to be effective and practicable (given technological, economic and institutional considerations) to manage nutrients to protect surface and groundwater taking into account applicable nutrient requirements for crop utilization.

(ii) The term includes:

(A) Conservation tillage.

(B) Crop rotation.

(C) Soil testing.

(D) Manure testing.

(E) Diversions.

(F) Manure storage facilities.

(G) Stormwater management practices.

(H) Nutrient application.

(I) Practices set forth in the nutrient management regulations.

Certificate year-The period from January 1 to December 31.

Certification-The completion of all requirements of a nutrient management specialist contained in this chapter.

Commission-The State Conservation Commission established by the Conservation District Law (3 P. S. § § 849-864).

Competency-Demonstrating a high level of technical or scientific knowledge as evidenced by successfully meeting the requirements of § 130b.11 (relating to determination of competence) for commercial and public nutrient management specialists, or meeting the requirements of § 130b.21 (relating to determination of competence) for individual nutrient management specialists.

Conservation district-A county conservation district established under the Conservation District Law.

Department-The Department of Agriculture of the Commonwealth.

Designee-A person chosen or appointed by the Secretary of the Department to carry out the Secretary's duties under this chapter.

Nutrient-

(i) A substance or recognized plant nutrient, element or compound which is used or sold for its plant nutritive content or its claimed nutritive value.

(ii) The term includes livestock and poultry manures, compost as fertilizer, commercially manufactured chemical fertilizers, sewage sludge or combinations thereof.

Nutrient management plan-A written site-specific plan which incorporates BMPs to manage the use of plant nutrients for crop production and water quality protection consistent with the criteria established in sections 504 and 506 of the act (relating to powers and duties of commission; and nutrient management plans).

Nutrient management regulations-The regulations in 25 Pa. Code Chapter 83, Subchapter D (relating to nutrient management).

Nutrient management specialist-

(i)Individual- A person certified to develop nutrient management plans for his agricultural operation.

(ii)Commercial- A private sector person certified to develop nutrient management plans for another person's agricultural operation.

(iii)Public- A State, Federal or other public employee certified to develop or review, or both, nutrient management plans and make recommendations for approval or denial of nutrient management plans to a conservation district or the State Conservation Commission, or both.

(A)Review specialist- A public nutrient management specialist certified to review nutrient management plans and make recommendations for approval or denial of nutrient management plans.

(B)Dual specialist- A public nutrient management specialist certified to review and develop nutrient management plans for another person's agricultural operation and make recommendations for approval or denial of nutrient management plans which the specialist has not personally written or developed.

Precertification training-The initial nutrient management training courses which shall be completed by persons seeking to become nutrient management specialists.

Provisional certification-The level of certification obtained by a nutrient management specialist applicant who has successfully completed the precertification training and passed the written examination, but has not yet developed or reviewed, or both, the required number of nutrient management plans.

Recertification training-The completion of continuing education and training requirements in § 130b.31 (relating to recertification).

7 Pa. Code § 130b.2

The provisions of this § 130b.2 amended December 2, 2005, effective 12/3/2005, 35 Pa.B. 6504.

The provisions of this § 130b.2 amended under 3 Pa.C.S. § 508(a).