Preemption of local ordinances

Act 49 of 2004, § 11, under COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION ACT - ENACTMENT.

Act 49 of 2004, § 11

Section 11. Preemption of local ordinances.

(a) General rule.--This act and its provisions are of Statewide concern and occupy the whole field of regulation regarding the certification and regulation of commercial manure brokers and commercial manure haulers, the transportation of animal manure by commercial manure haulers and commercial manure brokers and the exporting of animal manure from agricultural operations to importing operations, to the exclusion of all local regulations. Except as otherwise specifically provided in this act, no ordinance or regulation of a political subdivision may prohibit or attempt to regulate the certification or operations of commercial manure brokers and commercial manure haulers, the transportation of animal manure by brokers and haulers or the exporting of animal manure from agricultural operations to importing operations.

(b) Local power.--

(1) Except as set forth in paragraph (2), nothing in

this act shall prevent a political subdivision from adopting

and enforcing ordinances or regulations which are consistent

with and no more stringent than the requirements of this act

and the regulations promulgated under this act.

(2) No penalty shall be assessed under a local ordinance

or regulation for a violation for which a penalty has been

assessed under this act.