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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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