Classification of Concentrated Animal Feeding Operation Waste Management Systems

PURPOSE: This rule outlines concentrated animal feeding operation waste management systems personnel certification requirements. (1) Definitions. Definitions as set forth in the Missouri Clean Water Law, 10 CSR 20-2.010 and 10 CSR 20-6.300 shall apply to those terms when used in this rule, unless the context clearly requires otherwise or as noted in the subsections of this rule. (A) Concentrated animal feeding operations (CAFO) waste management system. Including but not limited to flush, recycle, storage, digestion, pumping, irrigation, waste spreading, and solids handling facilities, equipment, machinery, sewers, piping, valves, land, tanks, basins, lagoons and any other device, method and process for beneficial use of process waste. (B) CAFO supervisor. A certified CAFO waste management system operator possessing a CAFO “A” level certification, in charge of the operating location of a CAFO waste management system, who directs or who has the authority to direct other individuals and includes a manager, superintendent, foreman, crew chief and shift supervisor. During land application activities and other waste management system operations, a CAFO supervisor must be available to waste system management personnel by phone or radio etc. and able to arrive at the site during emergencies or abnormal operating situations within a reasonable amount of time not to exceed thirty (30) minutes. (C) CAFO operator. Any individual who operates or determines the method of operation or is directly involved in the daily management of a CAFO waste management system, either personally or by assignment, possessing at minimum a CAFO “B” level certification and has the authority to direct and/or manage up to five (5) CAFO operator trainees. This includes waste spreading and waste brokerage operations for wet or dry handling systems except for materials registered as a fertilizer under Chapter 266, RSMo. During land application activities and other waste management system operations, a CAFO operator must be present at the land application or operation site and in direct communication with the waste system personnel. The CAFO operator must be able to physically respond to emergencies and other abnormal operating situations within a reasonable amount of time not to exceed five (5) minutes. (D) CAFO operator trainee. Any individual who has applied for CAFO waste management system operator certification with the department, but lacks the entry level training and/or a passing grade on the examination for a Certification of Competency and/or the required experience in CAFO waste management system operation. At Class IA wet and dry handling CAFO waste management systems, trainees must perform all CAFO waste management duties under the direct supervision of a certified CAFO operator or supervisor. (E) Department. The Missouri Department of Natural Resources. (2) CAFO Waste Management Systems Requirements. (A) Requirements for operation by certified personnel shall apply to Class IA wet and dry handling CAFO waste management systems. All other CAFO waste management systems are exempt from this rule unless the department determines that certified personnel are necessary to protect the waters of the state from pollution or the placement of a contaminant in a location where it is reasonably certain to cause pollution of any waters of the state. Voluntary certification is available for CAFO operators and supervisors at facilities that are exempt. (B) Owners or other persons legally responsible for the operation of CAFO waste management systems subject to this rule shall be responsible for assuring that CAFO operators and CAFO supervisors of CAFO waste management systems comply with the certification requirements as set forth in this rule. (C) All persons performing the duties of a CAFO operator, as defined in subsection (1)(C) and (D) of this rule, at systems included in subsection (2)(A) of this rule shall be certified. A CAFO operator trainee shall complete department-approved entry level training and pass the examination within eighteen (18) calendar months of initial employment at a CAFO waste management system that is required to be operated by certified personnel as specified in subsection (2)(A) of this rule. Any trainee who is unable to pass the certification examination after three (3) attempts, or within eighteen (18) calendar months of initial employment, must attend an additional twelve (12) hours of department-approved CAFO training prior to reexamination. (D) Minimum certification of competency classification requirements for CAFO supervisors and operators are outlined in subsections (1)(B) and (1)(C) of these rules. (E) The owners of CAFO waste management systems shall furnish the department, upon request, the names, business addresses, initial employment dates, and positions of all employees who are operator trainees, CAFO operators or CAFO supervisors within their CAFO waste management systems. (F) In the event a facility’s staff does not meet the certification requirements of this rule, the facility owner shall notify the department in writing within ten (10) days of failure to meet the requirements. The notification shall include an explanation of why the requirements were not met. Following consultation with the facility owner, the department may establish a schedule of activities, including the date by which compliance with this rule shall be obtained. (3) Penalties. Penalties for violation of this rule shall be as provided in the Missouri Clean Water Law. (4) Severance. If a section, subsection, paragraph, subparagraph, part, subpart, item or subitem of this rule or any part of it be declared unconstitutional or invalid for any reason, the remainder of this rule shall not be affected and shall remain in full force and effect. AUTHORITY: section 644.026, RSMo 2016.* Original rule filed March 1, 1996, effective Nov. 30, 1996. Amended: Filed Nov. 14, 2000, effective July 30, 2001. Amended: Filed June 13, 2018, effective Feb. 28, 2019. *Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012, 2014.