Text: SF02062 Text: SF02064 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 159.1, Code Supplement 1997, is amended
1 2 by adding the following new subsection:
1 3 NEW SUBSECTION. 4A. "Manure" means the same as defined in
1 4 section 455B.161.
1 5 Sec. 2. NEW SECTION. 159.27A MANURE APPLICATORS
1 6 CERTIFICATION.
1 7 1. As used in this section, unless the context otherwise
1 8 requires, a "manure applicator" means a person who applies
1 9 manure which is not regulated as a fertilizer or soil
1 10 conditioner pursuant to chapter 200, if the person applies
1 11 manure on more than two acres of land during any consecutive
1 12 twelve-month period.
1 13 2. A person shall not act as a manure applicator unless
1 14 one of the following requirements is satisfied:
1 15 a. The person is certified by the department by completing
1 16 an educational program pursuant to this section. To be
1 17 initially certified as a manure applicator, the person must
1 18 pass an examination. After initial certification the person
1 19 must renew the certification by passing an examination or
1 20 attending continuing instructional courses. The person must
1 21 pass the examination each third year following initial
1 22 certification or attend two hours of continuing instructional
1 23 courses each year. A person shall pay the department a fee of
1 24 not more than twenty-five dollars for certification or
1 25 recertification.
1 26 b. The person is employed to apply manure and performs the
1 27 application within twenty-one days from the date of initial
1 28 employment, if the person is competent and acts under the
1 29 instruction and control of a certified manure applicator who
1 30 is physically present during the application, by being in
1 31 sight or hearing distance of the supervised person.
1 32 3. a. The department shall adopt rules necessary to carry
1 33 out this section, including establishing certification
1 34 standards, which shall at least include standards for the
1 35 handling, application, and storage of manure, the correct
2 1 calibration of equipment used for the application of manure,
2 2 and the effects of manure upon the groundwater. The
2 3 department shall adopt rules providing for the educational
2 4 program requirements based on the certification standards.
2 5 The department shall adopt by rule criteria for allowing a
2 6 person required to be certified to complete either a written
2 7 or oral examination. The department shall notify a person who
2 8 fails to receive or retain a certification by delivering a
2 9 written notice to the person within ten days following the
2 10 failure. The notice shall include all reasons for the
2 11 failure.
2 12 b. The department shall administer the continuing
2 13 instructional courses by either teaching the courses or
2 14 selecting persons to teach the courses, according to criteria
2 15 as provided by rules adopted by the department. The
2 16 department shall, to the extent possible, select persons to
2 17 teach the courses in each county. The department is not
2 18 required to compensate persons selected to teach the courses.
2 19 In selecting persons, the department shall rely upon
2 20 organizations interested in the application of manure,
2 21 including associations representing agricultural producers.
2 22 The department shall cooperate with the department of natural
2 23 resources in designing an examination and approving
2 24 instructional courses. The Iowa cooperative extension service
2 25 in agriculture and home economics of Iowa state university of
2 26 science and technology shall cooperate with the department in
2 27 administering the instructional courses. The Iowa cooperative
2 28 extension service may teach courses, train persons selected to
2 29 teach courses, or distribute informational materials to
2 30 persons teaching the courses.
2 31 5. The department shall adopt rules required to establish,
2 32 assess, and collect civil penalties for violations of this
2 33 section. The amount of the civil penalty shall not exceed
2 34 five hundred dollars for each offense. In addition to any
2 35 civil penalty assessed under rules adopted pursuant to this
3 1 section, a person who violates this section is guilty of a
3 2 serious misdemeanor. The attorney general may upon the
3 3 request of the department or upon its own initiative institute
3 4 civil or criminal proceedings, including an action for
3 5 injunction, to enforce this section including orders issued or
3 6 rules adopted by the department.
3 7 EXPLANATION
3 8 This bill applies to persons applying manure which is not
3 9 regulated as a fertilizer or soil conditioner pursuant to
3 10 chapter 200, if the person applies manure on more than two
3 11 acres of land during the course of a year.
3 12 The bill prohibits a person from acting as a manure
3 13 applicator unless the person is certified by the department of
3 14 agriculture and land stewardship by completing an educational
3 15 program or is employed to apply manure and applies the manure
3 16 within 21 days under the instruction and control of a
3 17 certified manure applicator who is physically present.
3 18 To be initially certified as a manure applicator the person
3 19 must pass an examination. After initial certification the
3 20 person must renew the certification by passing an examination
3 21 or attending continuing instructional courses. The person
3 22 must pass the examination each third year following initial
3 23 certification or attend two hours of continuing instructional
3 24 courses each year.
3 25 The bill imposes a fee of not more than $25 for
3 26 certification or recertification. The department is
3 27 responsible for adopting rules providing for educational
3 28 program requirements, which must provide for either a written
3 29 or oral examination. The department must administer the
3 30 continuing instructional courses, by either teaching the
3 31 courses or selecting persons to teach the courses. In
3 32 selecting persons, the department must rely upon organizations
3 33 interested in the application of manure, including
3 34 associations representing agricultural producers. The Iowa
3 35 cooperative extension service in agriculture and home
4 1 economics of Iowa state university must cooperate with the
4 2 department in administering the instructional courses.
4 3 The department is required to adopt rules to establish,
4 4 assess, and collect civil penalties for violations of the
4 5 bill. The amount of the civil penalty cannot not exceed $500
4 6 for each offense. The bill also provides that a violator is
4 7 guilty of a serious misdemeanor. Finally, the bill provides
4 8 that the attorney general may upon the request of the
4 9 department or upon its own initiative institute civil or
4 10 criminal proceedings in the prosecution of a case.
4 11 LSB 3323XS 77
4 12 da/sc/14
Text: SF02062 Text: SF02064 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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