Posted: December 19, 2022
The purpose of this article is to remind Manure Broker Level 1s (MB1) and Manure Broker Level 2s (MB2) about the proper procedures for developing and submitting Nutrient Balance Sheets (NBS) for manure brokered under Act 49. It is important to note that only MB2s can develop NBS but both MB1s and MB2s can submit NBS to the reviewing authority.
Act 49 NBS developed for brokered manure must be developed and provided to the importing operations and the relevant county conservation districts no later that the time of manure transfer. These requirements are detailed in the Exporter / Broker Agreement that is included in the Nutrient Management Technical Manual under Supplement 11: Exporter Agreements. This agreement states:
The Broker agrees to comply with all requirements established by section 5 of the Commercial Manure Hauler and Broker Certification Act regarding the development and distribution of nutrient balance sheets to importing operations and conservation districts when handling manure from a CAO, CAFO or volunteer operation. Specifically, where a broker under this agreement, makes arrangements for land application of the manure on an importing agricultural operation, the broker must:
- Provide a NBS to all importing operations receiving manure for land application, no later than the time of manure transfer
- Provide copies of the NBS, no later than the time of manure transfer, to the county conservation district where the manure originated (exporting operation county)
- Provide copies of the NBS, no later than the time of manure transfer, to the county conservation district where the manure is being applied (importing operation county)
As a reminder, only MB 2s have the authority to develop Act 49 NBSs for importing operations. MB 1s cannot develop the NBS and must have a certified Nutrient Management Commercial Specialist or MB 2 develop the NBS on their behalf.
If the Act 49 NBS was developed by a certified Nutrient Management Specialist, it is still the Manure Broker’s obligation to make sure the NBS is provided to the importing operation and submitted to the appropriate county conservation districts. A Nutrient Management Commercial Specialist is able to submit the NBS on the Manure Broker’s behalf if that arrangement has been agreed to.
County conservation districts are obligated to review at least 10% of all importing county NBSs that are submitted to the district. During the review, if technical deficiencies are discovered, the district technician is able to send a technical review letter to the MB 2 or the Nutrient Management Commercial Specialist asking for corrections to be made. These corrections should be addressed and a resubmission of the NBS to both the importing and exporting county conservations districts is to be completed within 30 calendar days.
Some county conservation districts are not delegated to administer the Nutrient Management Program so any NBS developed for those counties should be sent to the State Conservation Commission’s (SCC) office in Harrisburg or to the appropriate SCC Regional Coordinator if known. Counties that are not delegated as of the publication of this article are:
- Cambria
- Cameron
- Carbon
- Delaware
- Elk
- Forest
- Lackawanna
- Luzerne
- Monroe
- Northumberland
- Philadelphia
- Pike
- Schuylkill
- Wayne
If you have any questions, please contact your local county conservation district or the State Conservation Commission.
Brady Seeley | Conservation Program Specialist
PA Department of Agriculture | State Conservation Commission
2301 North Cameron Street, Room 311 | Harrisburg, PA 17110
Office: 717-772-4188 | Fax: 717-705-3778
