SENATE AMENDED
PRIOR PRINTER'S NOS. 2350, 2748, 3458, PRINTER'S NO. 4083
3576
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 AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 15, 2004
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 THE MANAGEMENT AND USE OF FARMING RESOURCES for <--
14 the production or management of crops, livestock or poultry. The <--
15 term shall include all land owned or leased by the agricultural
16 operator where manure from the facility may be applied.
1 "Agricultural operator." An individual, partnership, <--
2 corporation or other entity A PERSON that has management control <--
3 of, and legal responsibility for, an agricultural operation. <--
4 "Board." The Nutrient Management Advisory Board created
5 under section 8 of the act of May 20, 1993 (P.L.12, No.6), known
6 as the Nutrient Management Act.
7 "Commercial manure broker." An individual or business <--
8 entity, A PERSON THAT IS not working for or under the control of <--
9 an agricultural operator AND that assumes temporary control or <--
10 ownership of manure from an agricultural operation and arranges
11 for transport to and utilization at an importing operation or
12 other location.
13 "Commercial manure hauler." An individual or business entity <--
14 "COMMERCIAL MANURE HAULER." A PERSON that transports or <--
15 land-applies manure as a contract agent for an agricultural
16 operator or commercial manure broker under the direction of the
17 operator or broker.
18 "Commission." The State Conservation Commission established
19 under the act of May 15, 1945 (P.L.547, No.217), known as the
20 Conservation District Law.
21 "Concentrated Animal Feeding Operation" or "CAFO." An
22 agricultural operation that meets the criteria established by
23 the Department of Environmental Protection under the Federal <--
24 Water Pollution Control Act (62 Stat. 1155, 33 U.S.C. § 1251 et
25 seq.) and the National Pollution Discharge Elimination System
26 (NPDES) Program regulations 40 CFR 122.23 (relating to
27 concentrated animal feeding operations (applicable to State
28 NPDES programs)) and which is required to follow the DEP Final
29 Strategy for Concentrated Animal Feeding Operations. 25 PA. CODE <--
30 § 92.1 (RELATING TO DEFINITIONS).
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1 "Concentrated Animal Operation" or "CAO." An agricultural
2 operation that meets the criteria established under the act of
3 May 20, 1993 (P.L.12, No.6), known as the Nutrient Management
4 Act, AND IMPLEMENTING REGULATIONS. <--
5 "DEP." The Department of Environmental Protection of the <--
6 Commonwealth.
7 "DEP Final Strategy for Concentrated Animal Feeding <--
8 Operations." The document entitled "Final Strategy for Meeting
9 Federal Requirements for Controlling the Water Quality Impacts
10 of Concentrated Animal Feeding Operations" adopted by the
11 Department of Environmental Protection and published in the
12 Pennsylvania Bulletin on March 13, 1999, and all subsequent
13 revisions thereto.
14 "Department" or "PDA." "DEPARTMENT." The Department of <--
15 Agriculture of the Commonwealth.
16 "Importer" or "importing operation." An agricultural <--
17 operation or other entity A PERSON that receives and utilizes or <--
18 processes manure not produced by poultry or livestock that are <--
19 part of that agricultural operation or other entity.
20 "Manure Management Manual." The publication referenced by
21 and authorized under the act of June 22, 1937 (P.L.1987,
22 No.394), known as The Clean Streams Law and 25 Pa. Code Ch. 91
23 (relating to environmental protection) UNDER THE MANAGEMENT <--
24 CONTROL OF THAT PERSON.
25 "Nutrient." A substance or recognized plant nutrient,
26 element or compound that is used or sold for its plant nutritive
27 content or its claimed nutritive value. The term includes, but
28 is not limited to, livestock and poultry manures, compost used
29 as fertilizer, commercially manufactured chemical fertilizers,
30 sewage sludge or combinations thereof.
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1 "Nutrient balance sheet" or "NBS." SHEET." A written, site- <--
2 specific document, meeting the requirements established by the
3 State Conservation Commission UNDER THIS ACT AND THE ACT OF MAY <--
4 20, 1993 (P.L.12, NO.6), KNOWN AS THE NUTRIENT MANAGEMENT ACT,
5 used to determine appropriate manure, fertilizer and other
6 nutrient source application rates on importing operations.
7 necessary to protect water resources from the misapplication of <--
8 crop nutrients. The NBS:
9 (1) Documents the analysis the agricultural operator
10 undertakes to determine the appropriate nutrient application
11 rate for crops grown on an agricultural operation based on
12 expected crop yields, residual soil nitrogen and nutrient
13 content of the nutrient sources utilized.
14 (2) Accounts for all nutrients generated and/or used by
15 the agricultural operation, including on-farm manure,
16 imported manure, sewage sludge, commercially manufactured
17 fertilizers and any other nutrient source intended to be
18 utilized during the crop year under consideration.
19 (3) Includes a description of the planned application
20 schedule and procedures to be used.
21 (4) Utilizes nutrient application criteria that are
22 consistent with those set forth in the regulations
23 promulgated under the authority of the act of May 20, 1993
24 (P.L.12, No.6), known as the Nutrient Management Act, and the
25 criteria established for the DEP Final Strategy for
26 Concentrated Animal Feeding Operations.
27 "Nutrient management plan." A written site-specific plan
28 which incorporates best management practices to manage the use
29 of manure and other plant nutrients for crop production and
30 water quality protection consistent with the criteria
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1 established under the act of May 20, 1993 (P.L.12, No.6), known
2 as the Nutrient Management Act.
3 "SECRETARY." THE SECRETARY OF AGRICULTURE OF THE <--
4 COMMONWEALTH.
5 "VOLUNTEER OPERATION." AN AGRICULTURAL OPERATION THAT <--
6 VOLUNTARILY MEETS THE REQUIREMENTS OF THE ACT OF MAY 20, 1993
7 (P.L.12, NO.6), KNOWN AS THE NUTRIENT MANAGEMENT ACT.
8 Section 3. Commercial manure hauler and broker certification
9 program.
10 (a) Duty and responsibility of the department:
11 (1) The department shall establish, within one year 18 <--
12 MONTHS of the effective date of this act, in consultation
13 with the commission and the board, a commercial manure hauler
14 and broker certification program for the purpose of
15 certifying individuals PERSONS as certified manure haulers or <--
16 brokers. The department shall by regulation establish such
17 terms, conditions and fees for certification as it deems
18 appropriate.
19 (2) For purposes of the certification program, the
20 department shall develop, in consultation with the commission
21 and the board, such training and educational requirements,
22 testing and other criteria as it deems necessary for
23 certification. Training shall at a minimum address the
24 following topics:
25 (i) Laws and regulations pertaining to manure
26 application.
27 (ii) Information necessary for understanding and
28 following a nutrient management plan and nutrient balance
29 sheet.
30 (iii) Best management practices with respect to
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1 manure hauling and application, transport safety
2 procedures, calibration of application rates for various
3 types of application equipment, setbacks from water
4 sources and property lines, nutrient runoff concerns and
5 incorporation techniques.
6 (iv) Recordkeeping by certified manure haulers or
7 brokers necessary to meet all regulatory requirements of
8 THIS ACT AND the act of May 20, 1993 (P.L.12, No.6), <--
9 known as the Nutrient Management Act., and the DEP Final <--
10 Strategy for Concentrated Animal Feeding Operations.
11 (v) Certified manure broker training shall include
12 procedures necessary for the development and filing of an <--
13 NBS A NUTRIENT BALANCE SHEET. <--
14 (b) Training program approval.--The department shall have
15 the authority to approve, for the purposes of training and
16 education, programs developed by The Pennsylvania State
17 University and other educational institutions or entities that
18 meet the requirements of this section.
19 Section 4. Requirements for commercial manure haulers and <--
20 brokers.
21 (a) General rule.--All commercial manure haulers and
22 brokers, prior to engaging in transporting or land-applying
23 manure on behalf of an agricultural operation, shall have
24 successfully completed a manure hauler or broker certification
25 program approved by the department and received the appropriate
26 certification by the department.
27 SECTION 4. REQUIREMENTS FOR COMMERCIAL MANURE HAULERS AND <--
28 COMMERCIAL MANURE BROKERS.
29 (A) PROHIBITION.--NO COMMERCIAL MANURE HAULER OR BROKER MAY
30 TRANSPORT OR LAND-APPLY MANURE IN THIS COMMONWEALTH ON BEHALF OF
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1 AN AGRICULTURAL OPERATION, REGARDLESS OF WHERE THE MANURE IS
2 GENERATED, UNLESS THE HAULER OR BROKER HAS:
3 (1) SUCCESSFULLY COMPLETED A MANURE HAULER OR BROKER
4 CERTIFICATION PROGRAM, AS APPLICABLE, APPROVED BY THE <--
5 DEPARTMENT;
6 (2) RECEIVED THE APPROPRIATE CERTIFICATION BY THE
7 DEPARTMENT; AND
8 (3) MAINTAINED CERTIFICATION UNDER THE REQUIREMENTS OF
9 THE CERTIFICATION PROGRAM.
10 (b) Land-applying of manure.--All certified COMMERCIAL <--
11 manure haulers and certified COMMERCIAL manure brokers shall, <--
12 when land-applying manure on behalf of an agricultural producer <--
13 OPERATOR required under the provisions of section 5 to use a <--
14 certified MANURE hauler or CERTIFIED MANURE broker, do so only <--
15 in accordance with the provisions of an approved nutrient
16 management plan or nutrient balance sheet.
17 (c) Records.--All certified COMMERCIAL manure haulers and <--
18 COMMERCIAL MANURE brokers shall maintain such records of all <--
19 manure they broker, transport or land-apply as the department,
20 in consultation with the commission and the board, determines to
21 be necessary to meet the requirements of this act AND the <--
22 regulations promulgated under the act of May 20, 1993 (P.L.12,
23 No.6), known as the Nutrient Management Act., and the DEP Final <--
24 Strategy for Concentrated Animal Feeding Operations.
25 Section 5. Exporting requirements.
26 In order to export manure to other agricultural operations or <--
27 other entities, all concentrated animal operations and
28 concentrated animal feeding operations 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 IN ORDER TO EXPORT MANURE TO OTHER AGRICULTURAL OPERATIONS OR <--
6 OTHER PERSONS, ALL CAOS, CAFOS AND VOLUNTEER OPERATIONS SHALL DO
7 ALL OF THE FOLLOWING:
8 (1) NO LATER THAN THE TIME OF TRANSFER OF THE MANURE,
9 PROVIDE A NUTRIENT BALANCE SHEET TO ALL IMPORTING OPERATIONS
10 RECEIVING MANURE FOR LAND APPLICATION FROM THE CAO, CAFO OR
11 VOLUNTEER OPERATION. IF THE CAO, CAFO OR VOLUNTEER OPERATION
12 ENTERS INTO A CONTRACT OR OTHER AGREEMENT WITH A COMMERCIAL
13 MANURE BROKER, THE BROKER SHALL PROVIDE, NO LATER THAN THE
14 TIME OF TRANSFER, A NUTRIENT BALANCE SHEET TO THE IMPORTING
15 OPERATION AND COPIES OF THE NUTRIENT BALANCE SHEET SHALL BE
16 PROVIDED TO THE COUNTY CONSERVATION DISTRICTS IN THE COUNTIES
17 IN WHICH THE IMPORTING AND EXPORTING OPERATIONS ARE LOCATED.
18 (2) Utilize WHEN USING A COMMERCIAL MANURE HAULER OR <--
19 COMMERCIAL BROKER TO EXPORT MANURE FROM AN AGRICULTURAL
20 OPERATION, UTILIZE only certified manure haulers or certified
21 manure brokers for the transport and land application of
22 manure exported from the operation.
23 (3) Maintain records sufficient to: <--
24 (i) meet all regulatory requirements with respect to
25 (3) MAINTAIN RECORDS SUFFICIENT TO MEET ALL REGULATORY <--
26 REQUIREMENTS WITH RESPECT TO manure export, transport and
27 land application or other use at an importing operation
28 established by the commission, in consultation with the
29 department and the board, under the authority of THIS ACT AND <--
30 the act of May 20, 1993 (P.L.12, No.6), known as the Nutrient
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1 Management Act.; and <--
2 (ii) in the case of an agricultural operation
3 designated as a CAFO, meet the requirements of the DEP
4 Final Strategy for Concentrated Animal Feeding
5 Operations.
6 (4) IN THE CASE OF AN AGRICULTURAL OPERATION DESIGNATED <--
7 AS A CAFO, MEET ANY ADDITIONAL REQUIREMENTS UNDER THE ACT OF
8 JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS THE CLEAN STREAMS
9 LAW.
10 SECTION 6. UNLAWFUL CONDUCT.
11 IT SHALL BE UNLAWFUL TO FAIL TO COMPLY WITH OR TO CAUSE OR
12 ASSIST IN THE VIOLATION OF A PROVISION OF THIS ACT, A REGULATION
13 PROMULGATED UNDER THIS ACT OR AN ORDER ISSUED UNDER THIS ACT.
14 SECTION 7. ADMINISTRATIVE PENALTIES.
15 (A) ADMINISTRATIVE PENALTY.--
16 (1) IN ADDITION TO PROCEEDING UNDER ANY OTHER REMEDY
17 AVAILABLE AT LAW OR IN EQUITY FOR A VIOLATION OF A PROVISION <--
18 OF THIS ACT, THE DEPARTMENT MAY ASSESS AN ADMINISTRATIVE
19 PENALTY OF NOT MORE THAN $500 FOR THE FIRST DAY OF EACH
20 OFFENSE AND $100 FOR EACH ADDITIONAL DAY OF CONTINUING
21 VIOLATION. THE FACTORS FOR CONSIDERATION IN DETERMINING THE
22 AMOUNT OF THE PENALTY ARE:
23 (I) THE GRAVITY SERIOUSNESS OF THE VIOLATION. <--
24 (II) THE POTENTIAL HARM TO THE PUBLIC.
25 (III) THE POTENTIAL EFFECT ON THE ENVIRONMENT.
26 (IV) THE WILLFULNESS OF THE VIOLATION.
27 (V) PREVIOUS VIOLATIONS.
28 (VI) THE ECONOMIC BENEFIT TO THE VIOLATOR FOR
29 FAILING TO COMPLY WITH THIS ACT.
30 (2) IF THE DEPARTMENT FINDS THAT A VIOLATION DID NOT
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1 CAUSE HARM TO HUMAN HEALTH OR AN ADVERSE EFFECT ON THE
2 ENVIRONMENT, THE DEPARTMENT MAY ISSUE A WARNING IN LIEU OF
3 ASSESSING A PENALTY IF THE AGRICULTURAL OPERATOR, COMMERCIAL
4 MANURE BROKER OR COMMERCIAL MANURE HAULER UPON NOTICE, TAKES
5 IMMEDIATE ACTION TO RESOLVE THE VIOLATION AND COME INTO
6 COMPLIANCE.
7 (3) A PERSON MAY APPEAL A PENALTY UNDER THIS SUBSECTION
8 TO THE DEPARTMENT SECRETARY AS FOLLOWS: <--
9 (I) THE APPEAL MUST BE FILED WITHIN 30 DAYS OF THE
10 DATE OF THE PENALTY ASSESSMENT.
11 (II) THE DEPARTMENT SECRETARY SHALL ISSUE A DECISION <--
12 ON THE APPEAL WITHIN 30 DAYS OF THE FILING OF AN APPEAL
13 UNDER SUBPARAGRAPH (I). IF THE DEPARTMENT SECRETARY DOES <--
14 NOT MEET THE TIME PERIOD UNDER THIS SUBPARAGRAPH, THE
15 ASSESSMENT OF THE PENALTY SHALL BE DEEMED AFFIRMED <--
16 WITHDRAWN. <--
17 (4) THIS SUBSECTION IS SUBJECT TO 2 PA.C.S. CH. 5 SUBCH.
18 A (RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH
19 AGENCIES) AND CH. 7 SUBCH. A (RELATING TO JUDICIAL REVIEW OF
20 COMMONWEALTH AGENCY ACTION).
21 (B) COLLECTION.--IN CASES OF INABILITY TO COLLECT THE
22 ADMINISTRATIVE PENALTY OR FAILURE OF A PERSON TO PAY ALL OR A
23 PORTION OF THE PENALTY, THE DEPARTMENT MAY REFER THE MATTER TO
24 THE OFFICE OF GENERAL COUNSEL OR THE OFFICE OF ATTORNEY GENERAL,
25 WHICH SHALL BE AUTHORIZED TO INSTITUTE AN ACTION IN THE <--
26 APPROPRIATE COURT TO RECOVER THE PENALTY. A PENALTY ASSESSED
27 SHALL OPERATE AS A LIEN ON THE PROPERTY OF THE PERSON AGAINST
28 WHOM THE PENALTY HAS BEEN ASSESSED.
29 SECTION 8. CIVIL REMEDIES.
30 (A) LAW.--THE GENERAL COUNSEL MAY INSTITUTE AN ACTION AT LAW
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1 IN A COURT OF COMPETENT JURISDICTION TO RECOVER DAMAGES FOR A
2 VIOLATION OF THIS ACT, A REGULATION PROMULGATED UNDER THIS ACT
3 OR AN ORDER ISSUED UNDER THIS ACT.
4 (B) EQUITY.--THE GENERAL COUNSEL MAY INSTITUTE AN ACTION IN
5 EQUITY IN A COURT OF COMPETENT JURISDICTION TO RESTRAIN A
6 VIOLATION OF THIS ACT, A REGULATION PROMULGATED UNDER THIS ACT
7 OR AN ORDER ISSUED UNDER THIS ACT.
8 (1) THE COURT MAY FIX A REASONABLE TIME DURING WHICH THE
9 PERSON RESPONSIBLE FOR THE VIOLATION MAY MAKE PROVISION FOR
10 THE ABATEMENT OF THE VIOLATION.
11 (2) IN CASES WHERE THE CIRCUMSTANCES REQUIRE IT OR THE
12 PUBLIC HEALTH IS ENDANGERED, THE COURT MAY ISSUE A MANDATORY <--
13 PRELIMINARY INJUNCTION, SPECIAL INJUNCTION OR TEMPORARY
14 RESTRAINING ORDER.
15 (3) IN A PROCEEDING UNDER THIS SUBSECTION:
16 (I) THE COMMONWEALTH SHALL NOT BE REQUIRED TO
17 FURNISH BOND.
18 (II) THE COURT SHALL ISSUE A PROHIBITORY OR <--
19 MANDATORY PRELIMINARY INJUNCTION IF IT FINDS THAT THE
20 DEFENDANT IS ENGAGING IN UNLAWFUL CONDUCT AS DEFINED <--
21 PROSCRIBED BY THIS ACT OR IS ENGAGED IN CONDUCT WHICH IS <--
22 CAUSING IMMEDIATE AND IRREPARABLE HARM TO THE PUBLIC.
23 (4) EQUITABLE RELIEF UNDER THIS SUBSECTION IS MAY BE IN <--
24 ADDITION TO DAMAGES UNDER SUBSECTION (A).
25 SECTION 9. ENFORCEMENT ORDERS; REVOCATION OR SUSPENSION OF
26 CERTIFICATION.
27 (A) ORDERS.--THE DEPARTMENT MAY ISSUE ORDERS NECESSARY TO <--
28 AID IN FOR THE ENFORCEMENT OF THE PROVISIONS OF THIS ACT. AN <--
29 ORDER ISSUED UNDER THIS SECTION SHALL TAKE EFFECT UPON NOTICE
30 UNLESS THE ORDER SPECIFIES OTHERWISE.
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1 (B) REVOCATION OR SUSPENSION OF CERTIFICATION.--THE
2 DEPARTMENT MAY SUSPEND OR REVOKE A CERTIFICATION GRANTED UNDER
3 THIS ACT IF IT FINDS THAT THE BROKER OR HAULER HAS FAILED OR
4 CONTINUES TO FAIL TO COMPLY WITH A PROVISION OF THIS ACT, THE
5 CERTIFICATION CRITERIA, THE REGULATIONS PROMULGATED UNDER THIS
6 ACT OR AN ORDER OF THE DEPARTMENT UNDER THIS ACT.
7 (C) PROCEDURE.--A PERSON MAY APPEAL AN ACTION UNDER THIS
8 SECTION TO THE DEPARTMENT SECRETARY AS FOLLOWS: <--
9 (1) THE APPEAL MUST BE FILED WITHIN 30 DAYS OF THE DATE
10 OF THE ORDER, REVOCATION OR SUSPENSION.
11 (2) THE DEPARTMENT SECRETARY SHALL ISSUE A DECISION ON <--
12 THE APPEAL WITHIN 30 DAYS OF THE FILING OF AN APPEAL UNDER
13 PARAGRAPH (1). IF THE DEPARTMENT SECRETARY DOES NOT MEET THE <--
14 TIME PERIOD UNDER THIS PARAGRAPH, THE ORDER, REVOCATION OR
15 SUSPENSION SHALL BE DEEMED AFFIRMED WITHDRAWN. <--
16 (3) THIS SUBSECTION IS SUBJECT TO 2 PA.C.S. CH. 5 SUBCH.
17 A (RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH
18 AGENCIES) AND 2 PA.C.S. CH. 7 SUBCH. A (RELATING TO JUDICIAL
19 REVIEW OF COMMONWEALTH AGENCY ACTION).
20 SECTION 10. POWERS RESERVED UNDER EXISTING LAWS.
21 (A) RESERVATION.--NOTHING IN THIS ACT SHALL LIMIT THE POWERS
22 CONFERRED UPON THE DEPARTMENT, THE STATE CONSERVATION
23 COMMISSION, THE DEP DEPARTMENT OF ENVIRONMENTAL PROTECTION OR A <--
24 COUNTY CONSERVATION DISTRICT UNDER LAWS OTHER THAN THIS ACT,
25 INCLUDING THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS
26 THE CLEAN STREAMS LAW; THE ACT OF JULY 7, 1980 (P.L.380, NO.97),
27 KNOWN AS THE SOLID WASTE MANAGEMENT ACT; AND COMMON LAW. THESE
28 POWERS ARE PRESERVED.
29 (B) EXHAUSTION.--A COURT EXERCISING EQUITABLE JURISDICTION
30 IN ACCORDANCE WITH SECTION 8(B) SHALL NOT BE DEPRIVED OF
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1 JURISDICTION EVEN THOUGH A NUISANCE OR CONDITION DETRIMENTAL TO
2 PUBLIC HEALTH IS SUBJECT TO REGULATION OR OTHER ACTION BY THE <--
3 DEPARTMENT UNDER THIS ACT.
4 SECTION 11. PREEMPTION OF LOCAL ORDINANCES.
5 (A) GENERAL RULE.--THIS ACT AND ITS PROVISIONS ARE OF
6 STATEWIDE CONCERN AND OCCUPY THE WHOLE FIELD OF REGULATION
7 REGARDING THE CERTIFICATION AND REGULATION OF COMMERCIAL MANURE
8 BROKERS AND COMMERCIAL MANURE HAULERS, THE TRANSPORTATION OF
9 ANIMAL MANURE BY COMMERCIAL MANURE HAULERS AND COMMERCIAL MANURE
10 BROKERS AND THE EXPORTING OF ANIMAL MANURE FROM AGRICULTURAL
11 OPERATIONS TO IMPORTING OPERATIONS, TO THE EXCLUSION OF ALL
12 LOCAL REGULATIONS. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN
13 THIS ACT, NO ORDINANCE OR REGULATION OF A POLITICAL SUBDIVISION
14 MAY PROHIBIT OR ATTEMPT TO REGULATE THE CERTIFICATION OR
15 OPERATIONS OF COMMERCIAL MANURE BROKERS AND COMMERCIAL MANURE
16 HAULERS, THE TRANSPORTATION OF ANIMAL MANURE BY BROKERS AND
17 HAULERS OR THE EXPORTING OF ANIMAL MANURE FROM AGRICULTURAL
18 OPERATIONS TO IMPORTING OPERATIONS.
19 (B) LOCAL POWER.--
20 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2), NOTHING IN
21 THIS ACT SHALL PREVENT A POLITICAL SUBDIVISION FROM ADOPTING
22 AND ENFORCING ORDINANCES OR REGULATIONS WHICH ARE CONSISTENT
23 WITH AND NO MORE STRINGENT THAN THE REQUIREMENTS OF THIS ACT
24 AND THE REGULATIONS PROMULGATED UNDER THIS ACT.
25 (2) NO PENALTY SHALL BE ASSESSED UNDER A LOCAL ORDINANCE
26 OR REGULATION FOR A VIOLATION FOR WHICH A PENALTY HAS BEEN
27 ASSESSED UNDER THIS ACT.
28 SECTION 12. LIMITATION OF LIABILITY.
29 IF A PERSON OPERATING AS A COMMERCIAL MANURE HAULER OR
30 COMMERCIAL MANURE BROKER IS PROPERLY CERTIFIED UNDER THIS ACT
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1 AND HAS COMPLIED WITH THIS ACT IN THE TRANSPORTATION,
2 UTILIZATION, LAND APPLICATION AND ACTIVITIES RELATED TO THE
3 MANAGEMENT OF ANIMAL MANURE, CERTIFICATION AND COMPLIANCE SHALL
4 BE GIVEN APPROPRIATE CONSIDERATION AS A MITIGATING FACTOR IN AN
5 ACTION UNDER SECTION 7 OR 8(A) ALLEGED TO HAVE BEEN CAUSED BY <--
6 ACTION ARISING FROM THE MANAGEMENT OR UTILIZATION OF NUTRIENTS <--
7 TRANSPORTED OR LAND APPLIED BY THE HAULER OR BROKER.
8 Section 6 30. Effective date. <--
9 This act shall take effect in 60 days. <--
10 THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
11 (1) SECTION 4(A) SHALL TAKE EFFECT IN 18 MONTHS.
12 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
13 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
14 DAYS.
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