1. As used in this section, unless the context otherwise requires:
a. "Commercial manure applicator" means the same as defined in section 455B.171.
b. "Confinement site" means a site where there is located a manure storage structure which is part of a confinement feeding operation, other than a small animal feeding operation.
c. "Confinement site manure applicator" means a person who applies manure stored at a confinement site other than a commercial manure applicator.
2. a. A commercial manure applicator shall not apply manure to land, unless the person is certified pursuant to this section.
b. A confinement site manure applicator shall not apply manure to land, unless the person is certified pursuant to this section.
3. a. A person required to be certified as a commercial manure applicator must be certified by the department each year. The person shall be certified after completing an educational program which shall consist of an examination required to be passed by the person or three hours of continuing instructional courses which the person must attend each year in lieu of passing the examination.
b. A person required to be certified as a confinement site manure applicator must be certified by the department every three years. The person shall be certified after completing an educational program which shall consist of an examination required to be passed by the person or two hours of continuing instructional courses which the person must attend each year in lieu of passing the examination.
4. The department shall adopt, by rule, requirements for the certification, including educational program requirements. The department may establish different educational programs designed for commercial manure applicators and confinement site manure applicators. The department shall adopt rules necessary to administer this section, including establishing certification standards, which shall at least include standards for the handling, application, and storage of manure, the potential effects of manure upon surface water and groundwater, and procedures to remediate the potential effects on surface water or groundwater.
a. The department shall adopt by rule criteria for allowing a person required to be certified to complete either a written or oral examination.
b. The department shall administer the continuing instructional courses, by either teaching the courses or selecting persons to teach the courses, according to criteria as provided by rules adopted by the department. The department shall, to the extent possible, select persons to teach the continuing instructional courses. The department is not required to compensate persons to teach the continuing instructional courses. In selecting persons, the department shall consult with organizations interested in the application of manure, including associations representing manure applicators and associations representing agricultural producers. The Iowa cooperative extension service in agriculture and home economics of Iowa state university of science and technology shall cooperate with the department in administering the continuing instructional courses. The Iowa cooperative extension service may teach continuing instructional courses, train persons selected to teach courses, or distribute informational materials to persons teaching the courses.
c. The department, in administering the certification program under this section, and the department of agriculture and land stewardship in administering the certification program for pesticide applicators may cooperate together.
5. a. This section shall not require a person to be certified as a commercial manure applicator if any of the following applies:
(1) The person is any of the following:
(a) Actively engaged in farming who trades work with another such person.
(b) Employed by a person actively engaged in farming not solely as a manure applicator who applies manure as an incidental part of the person's general duties.
(c) Engaged in applying manure as an incidental part of a custom farming operation.
(d) Engaged in applying manure as an incidental part of a person's duties as provided by rules adopted by the department providing for an exemption.
(2) The person applies manure for a period of thirty days from the date of initial employment as a commercial manure applicator if the person applying the manure is acting under the instructions and control of a certified commercial manure applicator who is both of the following:
(a) Physically present at the site where the manure is located.
(b) In sight or hearing distance of the supervised person.(b) In sight or hearing distance of the supervised person.
b. This section shall not require a person to be certified as a confinement site manure applicator if all of the following apply:
(1) The person is a part-time employee of a confinement site manure applicator.
(2) The person is acting under the instructions and control of a certified commercial manure applicator who is both of the following:
(a) Physically present at the site where the manure is located.
(b) In sight or hearing distance of the supervised person.
6. a. The department may charge a fee for certifying persons under this section. The fee for certification shall be based on the costs of administering and enforcing this section and paying the expenses of the department relating to certification.
b. All moneys received by the department under the provisions of this chapter shall be handled in the same manner as repayment receipts, as defined in section 8.2, and shall be used solely for the administration and enforcement of this chapter.
98 Acts, ch 1209, §33, 47, 53
Delayed applicability; 98 Acts, ch 1209, §47
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