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House Journal: Page 1526: Monday, April 13, 1998

39     (d)  Engaged in applying manure as an incidental
40   part of a person's duties as provided by rules adopted
41   by the department providing for an exemption.
42     (2)  The person applies manure for a period of
43   thirty days from the date of initial employment as a
44   commercial manure applicator if the person applying
45   the manure is acting under the instructions and
46   control of a certified commercial manure applicator
47   who is both of the following:
48     (a)  Physically present at the site where the
49   manure is located.
50     (b)  In sight or hearing distance of the supervised

Page  30

 1   person.
 2     b.  This section shall not require a person to be
 3   certified as a confinement site manure applicator if
 4   all of the following apply:
 5     (1)  The person is a part-time employee of a
 6   confinement site manure applicator.
 7     (2)  The person is acting under the instructions
 8   and control of a certified commercial manure
 9   applicator who is both of the following:
10     (a)  Physically present at the site where the
11   manure is located.
12     (b)  In sight or hearing distance of the supervised
13   person.
14     6.  a.  The department may charge a fee for
15   certifying persons under this section.  The fee for
16   certification shall be based on the costs of
17   administering and enforcing this section and paying
18   the expenses of the department relating to
19   certification.
20     b.  All moneys received by the department under the
21   provisions of this chapter shall be handled in the
22   same manner as repayment receipts, as defined in
23   section 8.2, and shall be used solely for the
24   administration and enforcement of this chapter.
25     Sec. 34.  NEW SECTION.  455B.203B  APPLICATION
26   REQUIREMENTS.
27     1.  The department shall adopt rules governing the
28   application of manure originating from an anaerobic
29   lagoon or aerobic structure which is part of a
30   confinement feeding operation.  The rules shall
31   establish application rates and practices to minimize
32   groundwater or surface water pollution resulting from
33   application, including pollution caused by runoff or
34   other manure flow resulting from precipitation events.
35   The rules shall establish different application rates
36   and practices based on the water holding capacity of
37   the soil at the time of application.
38     2.  A person shall not apply manure by spray

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