459.315 - CERTIFICATION AND EDUCATION REQUIREMENTS.
459.315 CERTIFICATION AND EDUCATION REQUIREMENTS. 1. a. A person shall not act as a commercial manure service representative unless the person is certified pursuant to an educational program as provided in this section. b. A person shall not act as a confinement site manure applicator unless the person is certified pursuant to an educational program as provided in this section. 2. a. A person required to be certified as a commercial manure service representative 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. However, if the person is exempt from paying the certification fee because a family member has paid a certification fee as provided in section 459.400, the person's certification shall expire on the same date that the paid family member's certification expires. A 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. 3. 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 service representatives 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 transporting, handling, storing, and applying 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 transporting, handling, storing, or applying manure, including the Iowa commercial nutrient applicators association 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. 4. This section shall not require a person 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. 5. a. This section shall not require a person to be certified as a commercial manure service representative 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 transports, handles, stores, or applies manure for a period of thirty days from the date of initial employment as a commercial manure service representative and all of the following apply: (a) The person is actively seeking certification under this section. (b) The person is transporting, handling, storing, or applying manure under the instructions and control of a certified commercial manure service representative. The commercial manure service representative must be physically present at the site where the manure is located. The commercial manure service representative must also be in sight or immediate communication 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 or family member of a confinement site manure applicator. (2) The person is acting under the instructions and control of a certified confinement site 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. The department may charge a fee for certifying a person under this section as provided in section 459.400.
Section History: Recent Form 98 Acts, ch 1209, §33, 47, 53 C99, §455B.203A 99 Acts, ch 114, §30; 2000 Acts, ch 1107, §1--4; 2002 Acts, ch 1137, §42, 68, 71; 2002 Acts, 2nd Ex, ch 1003, §259, 260, 262 C2003, §459.315 2003 Acts, ch 163, §6--11, 23; 2003 Acts, 1st Ex, ch 2, §27, 209 Referred to in § 459.314A, 459.314B, 459.400