Current through Register Vol. 54, No. 45, November 9, 2024
Section 130e.4 - Prohibition(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.(b) Only those persons involved in commercial manure hauling or brokering are required to be certified to transport and land apply manure. The following are examples of noncommercial activities that do not require a person to obtain certification under the act or this chapter:(1) An agricultural operator or an employee hauling or land applying manure generated by animals on an agricultural operation owned or leased by that agricultural operator to land owned or leased by that agricultural operator or to land owned or leased by another agricultural operator when no financial compensation is involved.(2) An agricultural operator or an employee hauling or land applying manure, generated on a farm owned by another agricultural operator, to land owned or leased by that agricultural operator, when no financial compensation is involved.(3) An agricultural operator or an employee hauling or land applying manure, generated on a farm owned by another agricultural operator, onto land owned by another agricultural operator, when no financial compensation is involved.(4) An agricultural operator utilizing the equipment of another agricultural operator or equipment owned or leased by a group of agricultural operators to haul or land apply manure to land owned or leased by that agricultural operator or by another agricultural operator, when no financial compensation is involved.(5) A CAO, CAFO or volunteer operator or an employee hauling or land applying manure generated by animals to land owned or leased by that CAO or CAFO operator, so long as it is part of his approved nutrient management plan.(6) A CAO, CAFO or volunteer operator or an employee hauling or land applying manure generated by animals on an agricultural operation owned or leased by that agricultural operator to land owned or leased by another agricultural operator or importing agricultural operator, so long as it is part of the CAO, CAFO or volunteer operator's approved nutrient management plan and there is no financial compensation involved.