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Pennsylvania Association of Weights and Measures ************************

Pennsylvania Association of Weights and Measures ************************. Voluntary Certified Training for Public Weighmasters Instructor: Dean F. Ely Produced by: Pamela Brooke Ely. Landfill Operations. Feed Mill. General Public Weighing. Coal Dealer.

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Pennsylvania Association of Weights and Measures ************************

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  1. Pennsylvania AssociationofWeights and Measures************************ Voluntary Certified Training for Public Weighmasters Instructor: Dean F. Ely Produced by: Pamela Brooke Ely

  2. Landfill Operations

  3. Feed Mill

  4. General Public Weighing

  5. Coal Dealer

  6. Certified Training forPublic Weighmasters • Based on Pennsylvania laws and regulations • Training materials provided • Laws & regulations provided • Certificate upon completion and testing

  7. Newspaper Headlines • “For thieves, metal transmutes to cold, hard cash.” USA Today. • “Out of 50 operating landfills, 15 have not submitted entire fees for the quarter.” ( $570,000 Statewide.) DEP News Release • “DEP issues notice of violation to non-complying landfill operator for not paying all tipping fees.” DEP News Release • “300 lb aluminum theft alleged of Williamsport man.” • “Three men charged in 700 lb aluminum theft.” • “Ex-employee of recycling firm pleads guilty to conspiracy” • “Landfill manager pleads guilty to two felonies and 23 misdemeanors” • “Waste authority pays $143,000 in fines for misleading weigh tickets” Quotes courtesy of Williamsport Sun-Gazette

  8. PA Association of Weights & Measures Certified training for Public Weighmasters • Who must be licensed? • Qualifications • Responsibilities and duties • Problem areas

  9. PA Association of Weights & Measures • Who must be licensed? • Chapter 9, Section 9.3 • Any person assuming the title “Public Weighmaster” or those who perform the duties or acts as such, must possess a valid weighmaster license. • Weighing “bulk” commodities in “commercial” transactions. • Wholesale or retail. • Filling out an invoice or weight certificate.

  10. Public Weighmaster Training • Qualifications • Must be at least 18 years of age. • Must own or have use of a weighing device. • Weighing device must be in accordance with Subchapter D of Act #155, Chapter 10, and approved by the Bureau or NTEP. • Approval by the Weights and Measures Officer of the Commonwealth. • Device must be appropriate for intended use.

  11. PA Association of Weights & Measures • Responsibilities and Duties • Must be Licensed • Approved Weighmaster’s Certificates • Knowledge of Scale Operation • Display of License • Follow all Requirements of Law & Regulations • Retention of Weight Certificates

  12. Act # 155 Subchapter C • 4150. Enforcement & Regulations • Director is authorized and directed to enforce the provisions of this subchapter and to adopt regulations • This chapter does not apply to the weighing of vehicles under 75 PA C. S. Chapter 49 or Department staff when checking net weight • 4151. Licenses (a) No person shall make or issue a weighmaster’s certificate unless licensed

  13. Act # 155 Subchapter C • 4151. Licenses (continued) (b) City or county inspector may verify accuracy of statements (c) Fee: License fee shall be $60 for two years (d) License shall be displayed (e) License may be suspended or revoked 1. Dishonesty 2. Incompetence 3. Inaccuracy 4. Conviction

  14. Act # 155 Subchapter C • 4153. Preparation of Weighmaster’s Certificate • Weighmaster may make only entries determined by him/her personally. • Weighmaster may not make entries on a weight certificate issued by another person.

  15. Act # 155 Subchapter C • 4152. Weighmaster’s Certificate • The original weighmaster’s certificate shall be typewritten or made out in ink or indelible pencil, and the original and each copy of the certificate shall show all of the following: (1) The kind and size of commodity (2) The name and address of the seller *

  16. Act # 155 Subchapter C • 4152. Weighmaster’s Certificates (3) The name and address of the purchaser. (4) The license number of the vehicle and trailer or other means of permanent ID. (5) The signature and license number of the licensed weighmaster who weighed the commodity and who issued the weight certificate. (6) The date and hour weighed.

  17. Act # 155 Subchapter C • 4152. Weighmaster’s Certificates (7) The gross weight in avoirdupois pounds of the vehicle and the load (gross), the tare weight and net weight of the commodity, and where the load is divided into lots, the net weight of each. (8) A sequential serial number.

  18. Sample Weight Certificate Illegal Weight Certificate • Serial Number • Buyer Name & Address • Seller Name & Address • Weighmaster License Number • Original Copy Not Marked • Secondary Copies Not Marked • Hour of weighing

  19. Sample Weight Certificate Illegal Weight Certificate • Name & Address/seller • Name & Address/purchaser • Weighmaster Signature • Weighmaster License # • Date & Hour Weighed

  20. Sample Weight Certificate Legal Weight Certificate • All information items appear as required

  21. Act # 155 Subchapter C • 4154. Use of Approved Weighing Device • Device must be type approved • Device must be suitable • Device must be tested and approved

  22. Act # 155 Subchapter C • 4155. Scale Requirements • No load may exceed the normal rated capacity of the scale • Multiple drafts not permitted • Multiple drafts or “double drafting” is the act of weighing a vehicle that is to long for the scale in two drafts

  23. Act # 155 Subchapter C • 4156. Dispositions of Copies • Original copy to purchaser • One copy retained at place of weighing • One copy (may) be retained by the deliverer • Licensed weighmaster’s copy shall be retained for a period of two (2) years • Subject to inspection or subpoena as evidence

  24. Act # 155 Subchapter C • 4157. License Required (a) • No person shall assume the title “licensed public weighmaster” • Perform the duties or acts of a licensed public weighmaster • Hold him or herself out as a licensed public weighmaster • Issue any weighmaster’s certificate, ticket, memorandum, statement, or engage in public weighing

  25. Act # 155 Subchapter C • 4157. Definition (b) • As used in this section, the term “public weighing” means the weighing of any commodity for commercial purposes

  26. Act # 155 Subchapter C • 4158. Suspension or Revocation of License (a) Authorization: The Department is authorized to suspend or revoke the license of any licensed public weighmaster (1) After a hearing and ten (10) days notice for violation of provisions of subchapter C. (2) If weighmaster is convicted in any court for violation of this act. (b) Suspended licensee may petition in Commonwealth Court for a hearing.

  27. Act # 155 Subchapter C • 4159. Prohibited Acts • It shall be unlawful: (1) For a weighmaster to issue a false or incorrect weight certificate (2) For a person to solicit a weighmaster to issue a false or incorrect weight certificate (3) For a person to use or issue a weight certificate except one prepared on a form issued or approved by the Department

  28. Act # 155 Subchapter C • 4159. Prohibited Acts (continued) (4) For a person to print or distribute any form of weighmaster certificates unless authorized to do so by the Department (5) For a person to use a false or incorrect weighmaster’s certificate (6) For a weighmaster to sign or use a false or incorrect weighmaster certificate

  29. Act # 155 Subchapter C • 4159. Prohibited Acts (continued) (7) For a person to deliver solid fuel without an official weighmaster’s certificate (8) For a person to furnish a false name or address of a purchaser to the weighmaster (9) For a person to permit any diminution of a load before its delivery (10) For a person to fail, neglect or refuse to deliver a correct and lawful weighmaster’s certificate to the purchaser

  30. Act # 155 Subchapter C • 4160. Sales by Weight • Any commodity shall be duly weighed by a licensed public weighmaster, on an accurate scale, which is suitable for weighing gross and tare and has been tested and approved by an official empowered by law to test.

  31. Act # 155 Subchapter C • 4161. Separation Required • Each type of commodity shall be in a separate compartment • Each compartment shall have it’s own weight certificate

  32. Act # 155 Subchapter C • 4162. Substitution of Purchaser • If a person is unable to deliver a commodity to the original purchaser on the weight certificate, a new purchaser’s name and address may be substituted provided that a report is made to the licensed weighmaster within 24 hours.

  33. Act # 155 Subchapter C • 4163. Authorization to Inspect • Any state , county, or city inspector of weights and measures who finds any commodity ready for or in process of delivery, may inspect the commodity as to it’s weight and may direct the person in charge of the delivery to convey the commodity to the nearest available scales operated by a weighmaster.

  34. Act # 155 Subchapter C • 4164 . Weighmaster’s Certificate Required (a) Solid fuel in a lot or lots exceeding 100 pounds must have a weight certificate for each lot or compartment except for coal weighed at point of delivery (b) Exception: Producer’s own coal that is being transported for purposes other than sale

  35. Act # 155 Subchapter C • 4165. Small Lots • Weighmaster’s certificate not required for solid fuel in closed containers or bags not exceeding 100 pounds and properly labeled.

  36. Act # 155 Subchapter C • 4166. Exception for boatloads and railroad carloads • 4167. Rules and Regulations • 4168. Sales to Employees • 4169. Existing License

  37. PA Title 70, Chapter 9 • Sections 9.1 through 9.12 relate to general requirements • Sections 9.21 through 9.29 relate to solid fuel sales

  38. PA Title 70, Section 9.6 (c) Change of status: Change of name or address requires notification in writing to Bureau within 48 hours PA Department of Agriculture Division of Weights & Measures 2301 North Cameron St. Harrisburg, PA 17110-9408

  39. PA Title 70, Section 9.9 • Commodities sold by weight • A commodity sold by weight in this Commonwealth shall be weighed by a licensed public weighmaster at the time of sale or delivery on scales which meet the following requirements: (1) The scales are suitable for weighing the gross and tare weight of vehicle and trailer.

  40. PA Title 70, Section 9.9 (2) The scales are located within this Commonwealth. (3) The scales are type approved in accordance with Subchapter D of the Act. (4) The scales measure weights of greater than 1000 pounds.

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