Current through Register Vol. 54, No. 44, November 2, 2024
(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).
