Pennsylvania Administrative Code

§ 130d.29. Compliance information. The land application proposal shall contain a verified statement attesting that the proposed land application will comply with all applicable Federal, State and local laws, rules, regulations and ordinances. Cross References This section cited i…

§ 130d.3. Continuing authority. (a) Nothing in this chapter may be construed to amend, modify, repeal or otherwise alter any provision of any act cited and the regulations pertaining thereto, relating to civil and criminal penalties or enforcement actions and remedies available t…

§ 130d.30. Environmental assessment. (a) Impacts. The land application proposal shall include an environmental assessment setting forth a detailed analysis of the potential impact of the application of the soil and groundwater contaminated with agricultural chemicals to the propo…

§ 130d.31. Criteria for approval or denial. (a) Acceptance. In accordance with the authority in section 904(b) of the act (35 P. S. § 6026.904(b)), the Department will accept and review only those proposals which seek to apply soil or groundwater contaminated with agricultural ch…

§ 130d.32. Receipt of land application proposal and completeness review. (a) Receipt of land application proposal and completeness review. After receipt of a land application proposal, the Department will determine whether the land application proposal is administratively complet…

§ 130d.33. Review process. (a) The Department will review all proposals for land application of soil or groundwater contaminated with agricultural chemicals, generated as the result of remediation activities at agricultural chemical facilities, to be applied to agricultural land.…

§ 130d.4. Retained recordkeeping. (a) General. An applicant receiving permission to apply soil or groundwater contaminated with agricultural chemicals to agricultural land, shall maintain records in accordance with recordkeeping provisions of section 35 of the Pennsylvania Pestic…

§ 130d.41. Standards for land application of soil and groundwater contaminated with agricultural chemicals. A person approved to apply soil or groundwater contaminated with agricultural chemicals resulting from the remediation of an agricultural facility to agricultural land shal…

§ 130d.42. Land application rates and procedures. (a) Application rate. When applying soil and groundwater contaminated with agricultural chemicals, the approved applicant shall follow the application rates set forth and approved by the Department in the land application proposal…

§ 130d.43. Additional application requirements. The approved applicant shall follow the crop rotation and nutrient and pesticide management plans in the approved operating plan. The Department will monitor the operation to assure the plans are being followed. Cross References Thi…

§ 130d.44. Limitations on land application of soil and groundwater contaminated with agricultural chemicals. When applying soil and groundwater contaminated with agricultural chemicals the approved applicant shall assure the following: (1) Labeling rates. Pesticide contaminated s…

§ 130d.45. Prohibited applications. (a) General. The following applications of soil or groundwater contaminated with agricultural chemicals are prohibited, unless specifically authorized by the Department in writing: (1) An application which would violate any provisions of the ac…

§ 130d.46. Daily operational records. (a) General. The applicant approved to apply soil and groundwater contaminated with agricultural chemicals to agricultural land shall make and maintain an operational record for each day that the contaminated soil or groundwater is applied. T…

§ 130d.47. Reports. (a) A person who receives approval from the Department to apply soil or groundwater contaminated with agricultural chemicals, generated as a result of remediation activities at agricultural chemical facilities, to agricultural land shall file an annual operati…

§ 130d.48. Annual operational report. (a) General. The applicant approved to apply soil and groundwater contaminated with agricultural chemicals to agricultural land shall make and maintain an annual operational record. These records shall be maintained according to generally acc…

§ 130d.5. Public notice by applicant. The applicant shall comply with the notice requirements established by section 25.1 of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § § 111.45a) and § § 128.81—128.89 (relating to prior notification) and § 128.112 (relating to noti…

§ 130d.51. General requirements. (a) Special land application proposal form. A person seeking approval to utilize and apply groundwater contaminated with agricultural chemicals generated as a result of remediation activities at an agricultural chemical facility as tank mix, shall…

§ 130d.52. General exceptions. (a) When the chemical and waste analysis results manifest that the types and concentrations levels of agricultural chemicals contained in the quantity of groundwater, generated as a result of remediation activities at an agricultural chemical facili…

§ 130d.61. Site closure plan. (a) General. The applicant approved by the Department to land apply soil and groundwater contaminated with agricultural chemicals to agricultural land shall submit a site closure plan and final report delineating the results of the land application a…

§ 130d.62. Final report. The applicant approved by the Department to apply soil and groundwater contaminated with agricultural chemicals to agricultural land shall submit a final report to the Department. The final report shall be submitted to the Department within 60 days of fin…

§ 130e.1. Scope. This chapter prescribes procedures relating to the certification of commercial manure haulers and brokers. This chapter includes the establishment of fees, delineates the requirements for certification of commercial manure haulers and brokers, and sets forth crit…

§ 130e.11. Determination of competence. (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 for…

§ 130e.12. Certification requirements. (a) General. The act and this chapter establish four general criteria for commercial manure brokers. (1) A person acting as a commercial manure broker shall obtain certification as a commercial manure broker prior to assuming temporary contr…

§ 130e.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Commercial Manure Hauler and Broker Certification Act (3 P. S. § § 2010.1—2010.12). Act 38 of 2005—The act of July…

COMMERCIAL MANURE HAULERS—LEVEL 1 § 130e.21. Determination of competence. (a) Level 1 commercial manure hauler. Determination of competence for a Level 1 commercial manure hauler shall be based on completion of a certification program developed or approved by the Department as se…

§ 130e.22. Certification requirements. (a) General criteria for Level 1 commercial manure haulers. (1) A person acting as a commercial manure hauler shall obtain certification as a Level 1 commercial manure hauler prior to transporting manure. (2) A person certified as a Level 1 …

§ 130e.3. Fees. (a) Certification fees. Certification fees are nonrefundable. The following fees, which are calendar year fees, for each category and level of certification apply: (1) Level 1 commercial manure broker. A triennial fee of $325 for a Level 1 commercial manure broker…

COMMERCIAL MANURE HAULERS—LEVEL 2 § 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 se…

§ 130e.32. Certification requirements. (a) General. General criteria for Level 2 commercial manure haulers are as follows: (1) A person shall obtain certification as a commercial manure hauler Level 2 prior to land-applying manure. (2) Manure land-applied by a Level 2 certified c…

§ 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 …

COMMERCIAL MANURE HAULERS—LEVEL 3 § 130e.41. Determination of competence. (a) Commercial manure hauler Level 3 certification. Determination of competence for a Level 3 commercial manure hauler shall be based on the successful completion of a Department-developed or approved certi…

§ 130e.42. Certification requirements. (a) General. The act and this chapter establish four general criteria for commercial manure haulers. (1) A person acting as a commercial manure hauler shall obtain certification as a commercial manure hauler Level 3 prior to land applying ma…

§ 130e.5. Authority, duties and prohibitions. (a) Commercial manure broker. (1) Authority. A person certified as a commercial manure broker under this chapter is authorized to assume temporary control or assume ownership of manure from an agricultural operation and to perform the…

CONTINUING EDUCATION REQUIREMENTS § 130e.51. Commercial manure broker and hauler continuing education requirements. (a) Continuing education credit requirements. To maintain certification, certified commercial manure brokers and commercial manure haulers shall be required to obta…

§ 130e.52. Continuing education credit course providers. (a) Approval, denial, suspension and revocation to provide a continuing education credit course. (1) Eligibility. To be eligible to apply for approval to conduct a continuing education credit course, the applicant shall be …

§ 130e.6. Possession of certificate and contracts. (a) Possession of certificate. Certified commercial manure brokers and certified commercial manure haulers shall carry on their person or in the vehicle being utilized to transport or land apply, or both, manure, a copy of their …

DENIAL, SUSPENSION AND REVOCATION OF COMMERCIAL MANURE BROKER OR HAULER CERTIFICATES § 130e.61. Denial, suspension and revocation of certificates. (a) General power and authority. The Department may, after notice, including a statement of the reasons therefore, deny, suspend or r…

§ 130e.7. Notice of change in business or certification. Certified commercial manure brokers and certified commercial manure haulers shall notify the Department in writing of any anticipated or proposed change in duties or responsibilities which will require a higher level of cer…

§ 130e.71. Recordkeeping. (a) Commercial manure hauler. A commercial manure hauler shall maintain the following records, which shall be open to inspection by the Department or its agents during regular business hours and shall be maintained for 3 years after the date of transport…

§ 130e.8. General training requirements for certification. (a) General training criteria. For purposes of certification, the training program developed and administered or approved by the Department will, at a minimum, address the following topics: (1) Laws and regulations pertai…

§ 130e.9. Approval of other training programs. The Department may approve, for purposes of training and education, programs developed by The Pennsylvania State University and other educational institutions or entities that meet the requirements of the act and this chapter. The ed…

§ 130f.1. Scope. This chapter prescribes the procedures and qualifications related to certification of odor management specialists. This chapter includes the establishment of fees, delineates the requirements for certification of odor management specialists, including recertifica…

COMMERCIAL AND PUBLIC ODOR MANAGEMENT SPECIALISTS § 130f.11. Determination of competence. (a) Commercial odor management specialist. Determination of competence for a commercial odor management specialist shall be based on the successful completion of provisional certification tr…

§ 130f.12. Final certification. (a) Application for final certification. Upon completion of all the provisional certification requirements of this chapter, a provisionally certified commercial odor management specialist or public odor management specialist may submit an applicati…

§ 130f.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—Act 38 of 2005 (3 Pa.C.S. Chapters 3 and 5 (relating to local regulation; and nutrient management and odor management)…

INDIVIDUAL ODOR MANAGEMENT SPECIALISTS § 130f.21. Determination of competence. (a) Determination of competence for an individual odor management specialist shall be based on the completion of required training which includes an orientation training course and a competency evaluat…

§ 130f.22. Final certification. (a) A person is eligible to apply for final certification as an individual odor management specialist upon fulfilling the requirements under § 130f.21 (relating to determination of competence). An application for certification may be obtained from …