Current through Register Vol. 54, No. 45, November 9, 2024
Section 130e.31 - Determination of competence(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.(b)Certification course. A Level 2 commercial manure hauler nonclassroom certification course and the written examination must, at a minimum, address and determine the applicant's level of 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 its attendant regulations in 25 Pa. Code Chapter 83, Subchapter D (relating to nutrient management), The Clean Streams Law and 25 Pa. Code Chapter 102 (relating to erosion and sedimentation control), the Manure Management Manual and protection of agricultural operations from nuisance suits and ordinances provisions of 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) The following matters pertaining to manure transport and land application: (i) Courses covering the filing requirements in the act.(ii) Basic awareness of safety issues related to manure management, manure handling and biosecurity, as well as, transport safety procedures and highway and equipment safety.(iii) Understanding emergency action plans.(iv) Proper calibration of application rates and techniques and requirements for calibrating all types of application equipment normally utilized to land apply manure.(v) Understanding of land application issues, such as incorporation, compaction and winter application.(vi) Understanding the proper placement of stacking areas and temporary storage of manure, such as set back requirements, placement and covering requirements and short and long term stacking requirements.(vii) Other areas and course work related to proper transport and land application of manure and recordkeeping as determined appropriate by the Department. This section cited in 7 Pa. Code § 130e.51 (relating to commercial manure broker and hauler continuing education requirements); and 7 Pa. Code § 130e.52 (relating to continuing education credit course providers).