567—65.19  (459,459B)  Manure applicators certification.
	   65.19(1) A commercial manure service or a commercial manure service representative shall not transport, handle, store or apply dry or liquid manure to land unless the person is certified. A confinement site manure applicator shall not apply dry or liquid manure to land unless the person is certified. A person is not required to be certified as a confinement site manure applicator if the person applies manure which originates from a manure storage structure which is part of a small animal feeding operation. Certification of a commercial manure service representative under this rule will also satisfy the commercial license requirement under 567—Chapter 68 only as it applies to manure removal and application. Each person who operates a manure applicating vehicle or equipment must be certified individually except as allowed in subrule 65.19(7).
	   65.19(2) Fees.
	      a.    	  Commercial manure service. The fee for a new or renewed certification of a service is $200. The commercial manure service shall designate one manager for the service and shall provide the department with documentation of the designation.
	      b.    	  Commercial manure service representative. The fee for a new or renewed representative certification is $75. The manager of a commercial manure service must be certified as a commercial manure service representative, but is exempt from paying the $75 certification fee.
	      c.    	  Confinement site manure applicator. The fee for a new or renewed certification is $100. However, the fee is not required if all of the following apply:
	       (1)  	  The person indicates that the person is a family member as defined in this chapter by submitting a completed form provided by the department;
	       (2)  	  The person is certified as a confinement site manure applicator within one year of the date another family member was certified or whose certification as a confinement site manure applicator was renewed;
	       (3)  	  The other family member certified as a confinement site manure applicator has paid the certification fee.
	      d.    	  Educational fee. Commercial manure service representatives, managers and confinement site manure applicators shall pay an educational fee to be determined annually by the department.
	      e.    	  Late fee. Renewal applications received after March 1 require that an additional $12.50 fee be paid before the certification is renewed. An application is considered to be received on the date it is postmarked.
	      f.    	  Duplicate certificate. The fee for a duplicate certificate is $15.
	   65.19(3) Certification requirements. To be certified by the department as a commercial manure service, a commercial manure service representative or a confinement site manure applicator, a person must do all of the following:
	      a.    	  Apply for certification on a form provided by the department.
	      b.    	  Pay the required fees set forth in subrule 65.19(2).
	      c.    	  Pass the examination given by the department or, in lieu of the examination, attend continuing instruction courses as described in subrule 65.19(6).
	   65.19(4) Certification term, renewal and grace period.
	      a.    	  Certification term. Certification for a commercial manure service and commercial manure service representative shall be for a period of one year and shall expire on March 1 of each year. Certification for a confinement site manure applicator shall be for a period of three years and shall expire on December 31 of the third year. The expiration dates of confinement site manure applicator certifications that currently expire on a date other than December 31 are automatically extended to December 31 of the year the certification expires.
	      b.    	  Renewal. Application for renewal of a commercial manure service certification or a commercial manure service representative certification must be received by the department no later than March 1 of the year the certification expires. Application for renewal of a confinement site manure applicator certification must be received by the department or postmarked no later than March 1 after the year the certification expires. Application shall be on forms provided by the department and shall include:
	       (1)  	  Certification renewal and educational fees.
	       (2)  	  A passing grade on the certification examination or proof of attending the required hours of continuing instructional courses.
	      c.    	  Substitution of employees. If a commercial manure service pays the certification fee for a representative, the service may substitute representatives. The substituted representative must be certified pursuant to 65.19(3). The service shall provide documentation to the department, on forms provided by the department, that the substitution is valid.
	      d.    	  Grace period. Except as provided in this paragraph, a commercial manure service, a commercial manure service representative or a confinement site manure applicator may not continue to apply manure after expiration of a certificate. A confinement site manure applicator may continue to apply manure until March 1 following the year the certification expires, provided a complete renewal application, as provided in paragraph “b,” is postmarked or received by the department prior to March 1. Commercial manure services and representatives must submit an application for certification renewal by March 1 of each year.
	   65.19(5) Examinations.
	      a.    	  A person wishing to take the examination required to become a certified commercial manure service representative or certified confinement site manure applicator may request an appointment. The applicant must have a photo identification card at the time of taking the examination.
	      b.    	  If a person fails the examination, the person may retake the examination, but not on the same business day.
	      c.    	  Upon written request by an applicant, the director will consider the presentation of an oral examination on an individual basis when the applicant has failed the written examination at least twice; and the applicant has shown difficulty in reading or understanding written questions but may be able to respond to oral questioning.
	   65.19(6) Continuing instruction courses in lieu of examination.
	      a.    	  To establish or maintain certification, between March 1 and March 1 of the next year, a commercial manure service representative must each year either pass an examination or attend three hours of continuing instructional courses.
	      b.    	  To establish or maintain certification, a confinement site manure applicator must either pass an examination every three years or attend two hours of continuing instructional courses each year. A confinement site manure applicator who chooses to attend instructional courses but fails to attend instructional courses each year must pass an examination as provided in subrule 65.19(5) to maintain certification.
	   65.19(7) Exemption from certification.
	      a.    	  Certification as a commercial manure service representative is not required of a person who is any of the following:
	       (1)  	  Actively engaged in farming and who trades work with another such person.
	       (2)  	  Employed by a person actively engaged in farming not solely as a manure applicator but who applies manure as an incidental part of the person’s general duties.
	       (3)  	  Engaged in applying manure as an incidental part of a custom farming operation.
	       (4)  	  Engaged in applying manure as an incidental part of the person’s duties.
	       (5)  	  Applying, transporting, handling or storing manure within a period of 30 days from the date of initial employment as a commercial manure service representative if the person applying the manure is acting under direct instructions and control of a certified commercial manure service representative who is physically present at the manure application site by being in sight or immediate communication distance of the supervised person where the certified commercial service representative can communicate with the supervised person at all times.
	       (6)  	  Employed by a research college to apply manure from animal feeding operations that are part of the research activities or experiments of the research college.
	      b.    	  Certification as a confinement site manure applicator is not required of a person who is either of the following:
	       (1)  	  A part-time employee or family member of a confinement site manure applicator and is acting under direct instruction and control of a certified confinement site manure applicator who is physically present at the manure application site by being in sight or hearing distance of the supervised person where the certified confinement site manure applicator can physically observe and communicate with the supervised person at all times.
	       (2)  	  Employed by a research college to apply manure from an animal feeding operation that is part of the research activities or experiments of the research college.
	   65.19(8) Certified commercial manure services have the following obligations:
	      a.    	  Maintain the following records of manure disposal operations for a period of three years:
	       (1)  	  A copy of instructions for manure application provided by the owner of the animal feeding operation.
	       (2)  	  Dates that manure was applied or sold.
	       (3)  	  The manure application rate.
	       (4)  	  Location of fields where manure was applied.
	      b.    	  Comply with the provisions of the manure management plan (MMP) prepared for the confinement feeding operation and the requirements of 567—65.2(459,459B) and 567—65.3(459,459B). If a manure management plan does not exist, the requirements of 567—65.2(459,459B) and 567—65.3(459,459B) must still be met.
	      c.    	  Any tanks or equipment used for hauling manure shall not be used for hauling hazardous or toxic wastes, as defined in 567—Chapter 131, or other wastes detrimental to land application and shall not be used in a manner that would contaminate a potable water supply or endanger the food chain or public health.
	      d.    	  Pumps and associated piping on manure handling equipment shall be installed with watertight connections to prevent leakage.
	      e.    	  Any vehicle used by a certified commercial manure service or commercial manure service representative to transport manure on a public road shall display the certification number of the commercial manure service with three-inch or larger letters and numbers on the side of the tank or vehicle. The name and address of the certified commercial manure service representative designated as the manager shall also be prominently displayed on the side of the tank or vehicle.
	      f.    	  Direct connection shall not be made between a potable water source and the tank or equipment on the vehicle.
	   65.19(9) Discipline of certified applicators.
	      a.    	  Disciplinary action may be taken against a certified commercial manure service, a commercial manure service representative or a confinement site manure applicator on any of the following grounds:
	       (1)  	  Violation of state law or rules applicable to a certified commercial manure service, a commercial manure service representative, or a confinement site manure applicator or the handling or application of manure.
	       (2)  	  Failure to maintain required records of manure application or other reports required by this rule.
	       (3)  	  Knowingly making any false statement, representation, or certification on any application, record, report or document required to be maintained or submitted under any applicable permit or rule of the department.
	      b.    	  Disciplinary sanctions allowable are:
	       (1)  	  Revocation of a certificate.
	       (2)  	  Probation under specified conditions relevant to the specific grounds for disciplinary action. Additional training or reexamination may be required as a condition of probation.
	      c.    	  The procedure for discipline is as follows:
	       (1)  	  The director shall initiate disciplinary action.
	       (2)  	  Written notice shall be given to an applicator against whom disciplinary action is being considered. The notice shall state the informal and formal procedures available for determining the matter. The applicator shall be given 20 days to present any relevant facts and indicate the person’s position in the matter and to indicate whether informal resolution of the matter may be reached.
	       (3)  	  An applicator who receives notice shall communicate verbally or in writing or in person with the director, and efforts shall be made to clarify the respective positions of the applicator and director.
	       (4)  	  Failure to communicate facts and position relevant to the matter by the required date may be considered when determining appropriate disciplinary action.
	       (5)  	  If agreement as to appropriate disciplinary sanction, if any, can be reached with the applicator and the director, a written stipulation and settlement between the department and the applicator shall be entered. The stipulation and settlement shall recite the basic facts and violations alleged, any facts brought forth by the applicator, and the reasons for the particular sanctions imposed.
	       (6)  	  If an agreement as to appropriate disciplinary action, if any, cannot be reached, the director may initiate formal hearing procedures. Notice and formal hearing shall be in accordance with 561—Chapter 7 related to contested and certain other cases pertaining to license discipline.
	   65.19(10) Revocation of certificates.
	      a.    	  Upon revocation of a certificate, application for commercial manure service representative or confinement site applicator certification may be allowed after two years from the date of revocation. Any such applicant must successfully complete an examination and be certified in the same manner as a new applicant.
	      b.    	  Upon revocation of a certificate, application for a commercial manure service certification may be allowed after three years from the date of revocation. Any such applicant must successfully complete an examination and be certified in the same manner as a new applicant.
	   65.19(11) Record inspection. The department may inspect, with reasonable notice, the records maintained by a commercial manure service. If the records are for an operation required to maintain records to demonstrate compliance with a manure management plan, the confidentiality provisions of subrule 65.17(14) and Iowa Code section 459.312 shall extend to the records maintained by the commercial manure service.
[ ARC 8998B , IAB 8/11/10, effective 9/15/10;    ARC 2798C , IAB 11/9/16, effective 12/14/16]