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). 20030H1809B4083 - 2 -
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. 20030H1809B4083 - 3 -
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 20030H1809B4083 - 4 -
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 20030H1809B4083 - 5 -
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 20030H1809B4083 - 6 -
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 20030H1809B4083 - 7 -
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 20030H1809B4083 - 8 -
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 20030H1809B4083 - 9 -
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 20030H1809B4083 - 10 -
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. 20030H1809B4083 - 11 -
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 20030H1809B4083 - 12 -
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 20030H1809B4083 - 13 -
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. E12L03MRD/20030H1809B4083 - 14 -