PRIOR PRINTER'S NO. 2350 PRINTER'S NO. 2748
No. 1809 Session of 2003
INTRODUCED BY EGOLF, HERSHEY, BASTIAN, CLYMER, COLEMAN,
DENLINGER, FAIRCHILD, GABIG, GORDNER, HORSEY, JAMES, LEH,
MAJOR, R. MILLER, S. MILLER, PICKETT, SAYLOR AND YOUNGBLOOD,
JULY 3, 2003
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 9, 2003
AN ACT
1 Providing for a commercial manure hauler and broker
2 certification program; and establishing requirements.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Commercial
7 Manure Hauler and Broker Certification Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Agricultural operation" or "operation." Animals, facilities
13 and land used for the production or management of crops,
14 livestock or poultry. The term shall include all land owned or
15 leased by the agricultural operator where manure from the
16 facility may be applied.
1 "Agricultural operator." An individual, partnership,
2 corporation or other entity that has management control of an <--
3 agricultural operation, including the animals and animal
4 facilities., AND LEGAL RESPONSIBILITY FOR, AN AGRICULTURAL <--
5 OPERATION.
6 "Best management practice" or "BMP." A practice or <--
7 combination of practices determined by the State Conservation
8 Commission to be effective and practicable, given technological,
9 economic and institutional considerations, to manage nutrients
10 to protect surface and groundwater, taking into account
11 applicable nutrient requirements for crop utilization. Best
12 management practices include, but are not limited to:
13 (1) Conservation tillage.
14 (2) Crop rotation.
15 (3) Soil testing.
16 (4) Manure testing.
17 (5) Diversions.
18 (6) Manure storage facilities.
19 (7) Storm water management practices.
20 (8) Nutrient application.
21 "Board." The Nutrient Management Advisory Board created
22 under section 8 of the act of May 20, 1993 (P.L.12, No.6), known
23 as the Nutrient Management Act.
24 "Commercial manure broker." An individual or business
25 entity, not working for or under the control of an agricultural
26 operator, that assumes temporary control or ownership of manure
27 from an agricultural operation and arranges for transport to and
28 utilization at an importing operation OR OTHER LOCATION. <--
29 "Commercial manure hauler." An individual or business entity
30 that transports or land-applies manure as a contract agent for
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1 an agricultural operator or commercial manure broker under the
2 direction of the operator or broker.
3 "Commission." The State Conservation Commission established
4 under the act of May 15, 1945 (P.L.547, No.217), known as the
5 Conservation District Law.
6 "Concentrated Animal Feeding Operation" or "CAFO." An
7 agricultural operation that meets the criteria established for <--
8 designating certain animal feeding operations BY THE DEPARTMENT <--
9 OF ENVIRONMENTAL PROTECTION under the Federal Water Pollution
10 Control Act (62 Stat. 1155, 33 U.S.C. § 1251 et seq.) and the
11 National Pollution Discharge Elimination System (NPDES) Program
12 regulations 40 CFR 122.23 (relating to concentrated animal
13 feeding operations (applicable to State NPDES programs)) and
14 WHICH IS required to follow the DEP Final Strategy for <--
15 Concentrated Animal Feeding Operations.
16 "Concentrated Animal Operation" or "CAO." An agricultural
17 operation that meets the criteria established under the act of
18 May 20, 1993 (P.L.12, No.6), known as the Nutrient Management
19 Act.
20 "DEP." The Department of Environmental Protection of the
21 Commonwealth.
22 "DEP Final Strategy for Concentrated Animal Feeding
23 Operations." The document entitled "Final Strategy for Meeting
24 Federal Requirements for Controlling the Water Quality Impacts
25 of Concentrated Animal Feeding Operations" adopted by the
26 Department of Environmental Protection and published in the
27 Pennsylvania Bulletin on March 13, 1999, and all subsequent
28 revisions thereto.
29 "Department" or "PDA." The Department of Agriculture of the
30 Commonwealth.
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1 "Importer" or "importing operation." An agricultural
2 operation OR OTHER ENTITY that receives and utilizes or <--
3 processes manure not produced by poultry or livestock that are
4 part of that agricultural operation OR OTHER ENTITY. <--
5 "Manure Management Manual." The publication referenced by
6 and authorized under the act of June 22, 1937 (P.L.1987,
7 No.394), known as The Clean Streams Law and 25 Pa. Code Ch. 91
8 (relating to environmental protection).
9 "Nutrient." A substance or recognized plant nutrient,
10 element or compound that is used or sold for its plant nutritive
11 content or its claimed nutritive value. The term includes, but
12 is not limited to, livestock and poultry manures, compost used
13 as fertilizer, commercially manufactured chemical fertilizers,
14 sewage sludge or combinations thereof.
15 "Nutrient balance sheet" or "NBS." A document WRITTEN, SITE- <--
16 SPECIFIC DOCUMENT, MEETING THE REQUIREMENTS ESTABLISHED BY THE
17 STATE CONSERVATION COMMISSION used to determine appropriate
18 manure, fertilizer and other nutrient source application rates
19 ON IMPORTING OPERATIONS necessary to protect water resources <--
20 from the misapplication of crop nutrients. The NBS:
21 (1) Documents the analysis the agricultural operator
22 undertakes to determine the appropriate nutrient application
23 rate for crops grown on an agricultural operation based on
24 expected crop yields, residual soil nitrogen and nutrient
25 content of the nutrient sources utilized.
26 (2) Accounts for all nutrients generated and/or used by
27 the agricultural operation, including on-farm manure,
28 imported manure, sewage sludge, commercially manufactured
29 fertilizers and any other nutrient source intended to be
30 utilized during the crop year under consideration.
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1 (3) Includes a description of the planned application
2 schedule and procedures to be used., including soil <--
3 incorporation.
4 (4) Utilizes nutrient application criteria that are
5 consistent with those set forth in the Manure Management <--
6 Manual, the regulations promulgated under the authority of
7 the act of May 20, 1993 (P.L.12, No.6), known as the Nutrient
8 Management Act, and the criteria established for the DEP
9 Final Strategy for Concentrated Animal Feeding Operations.
10 "Nutrient management plan." A written site-specific plan
11 which incorporates best management practices to manage the use
12 of manure and other plant nutrients for crop production and
13 water quality protection and water quality protection consistent <--
14 with the criteria established under the act of May 20, 1993
15 (P.L.12, No.6), known as the Nutrient Management Act.
16 Section 3. Commercial manure hauler and broker certification
17 program.
18 (a) Duty and responsibility of the department:
19 (1) The department shall establish, within one year of
20 the effective date of this act, in consultation with the
21 commission and the board, a commercial manure hauler and
22 broker certification program for the purpose of certifying
23 individuals as certified manure haulers or brokers. The
24 department shall by regulation establish such terms,
25 conditions and fees for certification as it deems
26 appropriate.
27 (2) For purposes of the certification program, the
28 department shall develop, in consultation with the commission
29 and the board, such training and educational requirements,
30 testing and other criteria as it deems necessary for
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1 certification. Training shall at a minimum address the
2 following topics:
3 (i) Laws and regulations pertaining to manure
4 application.
5 (ii) Information necessary for understanding and
6 following a nutrient management plan and nutrient balance
7 sheet.
8 (iii) Best management practices with respect to
9 manure hauling and application, transport safety
10 procedures, calibration of application rates for various
11 types of application equipment, setbacks from water
12 sources and property lines, nutrient runoff concerns and
13 incorporation techniques.
14 (iv) Recordkeeping determined by the department to <--
15 be necessary for both agricultural operations generating
16 excess manure and manure importing operations to meet all
17 (IV) RECORDKEEPING BY CERTIFIED MANURE HAULERS OR <--
18 BROKERS NECESSARY TO MEET ALL regulatory requirements of
19 the act of May 20, 1993 (P.L.12, No.6), known as the
20 Nutrient Management Act, and the DEP Final Strategy for
21 Concentrated Animal Feeding Operations.
22 (v) Certified manure broker training shall include
23 procedures necessary for the development and filing of an
24 NBS.
25 (b) Training program approval.--The department shall have
26 the authority to approve, for the purposes of training and
27 education, programs developed by The Pennsylvania State
28 University and other educational institutions or entities that
29 meet the requirements of this section.
30 Section 4. Requirements for commercial manure haulers and
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1 brokers.
2 (a) General rule.--All commercial manure haulers and
3 brokers, prior to engaging in transporting or land-applying
4 manure on behalf of an agricultural operation, shall have
5 successfully completed a manure hauler or broker certification
6 program approved by the department and received the appropriate
7 certification by the department.
8 (b) Land-applying of manure.--All certified manure haulers
9 and certified manure brokers shall, when land-applying manure on
10 behalf of an agricultural producer required under the provisions
11 of section 5 to use a certified hauler or broker, do so only in
12 accordance with the provisions of an approved nutrient
13 management plan or nutrient balance sheet.
14 (c) Records.--All certified manure haulers and brokers shall
15 maintain such records of all manure they broker, transport or
16 land-apply as the department, in consultation with the
17 commission and the board, determines to be necessary to meet the
18 requirements of this act, the regulations promulgated under the
19 act of May 20, 1993 (P.L.12, No.6), known as the Nutrient
20 Management Act, and the DEP Final Strategy for Concentrated
21 Animal Feeding Operations. The records shall, at minimum, <--
22 include the information necessary to document that the manure
23 was utilized in accordance with the Manure Management Manual.
24 Section 5. Exporting requirements.
25 In order to export manure to other agricultural operations OR <--
26 OTHER ENTITIES, all concentrated animal operations and
27 concentrated animal feeding operations, as required by their <--
28 nutrient management plan, shall:
29 (1) Prepare and have approved a nutrient balance sheet
30 for all importing operations receiving manure from the
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1 operation OR IN THE EVENT THAT THE OPERATOR ENTERS INTO A <--
2 CONTRACT OR OTHER AGREEMENT WITH A COMMERCIAL MANURE BROKER,
3 THE BROKER SHALL PREPARE AND HAVE APPROVED A NUTRIENT BALANCE
4 SHEET FOR THE IMPORTING OPERATION.
5 (2) Utilize only certified manure haulers or certified
6 manure brokers for the transport and LAND application of <--
7 manure exported from the operation.
8 (3) Maintain records sufficient to:
9 (i) meet all regulatory requirements with respect to
10 manure export, transport and land application or other
11 use at an importing operation established by the
12 commission, in consultation with the department and the
13 board, under the authority of the act of May 20, 1993
14 (P.L.12, No.6), known as the Nutrient Management Act; and
15 (ii) IN THE CASE OF AN AGRICULTURAL OPERATION <--
16 DESIGNATED AS A CAFO, meet the requirements of the DEP
17 Final Strategy for Concentrated Animal Feeding
18 Operations.
19 Section 6. Effective date.
20 This act shall take effect in 60 days.
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