Certification of Concentrated Animal Feeding Operation Waste Management System Operators

PURPOSE: This rule sets out the requirements that a person must meet to obtain a concentrated animal feeding operations waste management system operator certificate. (1) Definitions. Definitions as set forth in the Missouri Clean Water Law and 10 CSR 2014.010 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) Certificate of competency. A document issued by the department stating that the recipient named on the certificate has satisfied the requirements for the certification level specified pursuant to this rule. (2) The department shall serve as the certifying agency for concentrated animal feeding operations (CAFO) waste management system personnel. Any applicant whose certification is denied, suspended, or revoked may appeal to the Administrative Hearing Commission as provided in section 621.250, RSMo. (3) Certification of Competency. (A) Certifications at the appropriate level shall be issued to individuals successfully passing the certification examination, completing entry level training, and fulfilling the experience requirements of subsection (3)(G) of this rule. The expiration date of the certifications shall coincide with renewal requirements as provided in subsection (4)(A) of this rule. An examination score of seventy percent (70%) or more correct shall be considered a passing grade. (B) All certification examinations pursuant to this rule shall be administered through the department. An examination will be available at a frequency of not less than four (4) times annually. Examination application forms and information, including examination dates and locations, will be available through the department. (C) A completed application form for examination must be submitted to the department no later than thirty (30) days before the scheduled examination session. A nonrefundable application fee of forty-five dollars ($45) shall accompany each application or twenty dollars ($20) for an application for subsequent exams for the same certification level if the applicant fails the initial exam. (D) Examinations shall contain, but not necessarily be limited to, questions pertaining to the Missouri CAFO regulations, general CAFO waste management systems knowledge, water quality, agronomy, irrigation management, general agriculture, soil science, applied mathematics, chemistry, hydraulics, pumps and operation of irrigation and land application equipment, as applied to CAFO waste management systems. (E) Any examinee who fails to receive a passing grade may not repeat that level examination for a period of not less than sixty (60) days. The applicant must submit a new application for each repeat examination. (F) An individual applying to take the examination will be allowed to reschedule two (2) times within twelve (12) months of the application date. After that, the applicant must reapply as required in subsection (3)(C) of this rule. (G) Approval of applicant eligibility for certification of competency shall be the responsibility of the department. Assessment of applicant qualifications shall include the following criteria: 1. Successful completion of a department approved, pre-certification, entry level CAFO waste management system training course of at least twenty four (24) contact hours. 2. Actual CAFO waste management system operating experience required for classification level: (H) Years of equivalent experience shall be computed from the following criteria: 1. General vocational training or work experience in related areas will be considered by the department on a case-by-case basis and shall be limited to a maximum of six (6) months’ equivalent experience. (I) Any person having completed a department-approved entry level CAFO waste management course as required in paragraph (3)(G)1. of this rule, but not possessing the necessary operational experience, may take the certification examination. All CAFO operator applicants must complete the department-approved entry level training course outlined in paragraph (3)(G)1. of this rule prior to certification. 1. Upon passing the examination, the individual will have eighteen (18) cumulative months of employment within a CAFO waste management system to obtain the necessary operational experience for the certification level requested. If the necessary experience is not obtained within the eighteen (18)-month time frame, the individual must retake the examination to continue the CAFO operator certification process. 2. Application for a certificate must be made on the proper forms provided by the department. (J) An individual is not certified until the certificate has been issued. (K) The minimum age for certification shall be eighteen (18) years. (4) Certificate Renewal. (A) All Class A and B CAFO Operator Certificates issued by the department shall be renewed at least every three (3) years. All applicants for renewal shall meet the training requirements set forth in subsection (4)(B) prior to the expiration date stated on each individual’s certificate. (B) Before a certificate will be renewed, the applicant must submit suitable documentation that not less than twelve (12) hours of department-approved renewal training has been obtained for individuals who are certified for CAFO waste management systems. Each certified CAFO operator is responsible for documenting such training. (C) The department shall send notification of certification expiration to the certificate holder at the last known address at least sixty (60) days prior to the certificate’s expiration date. Failure of the department to notify the certificate holder of certification expiration does not relieve the certificate holder of the responsibility for renewal. (D) Any certificate not renewed within sixty (60) days of the expiration date will lapse. Any person with a lapsed certification shall retake the examination as provided in section (3) of this rule. (E) Provided the department has received a timely and complete application for certification renewal, possesses sufficient renewal training and through no fault of the certificate holder, the department is unable to issue a new certificate before the expiration date of the previous certificate, the validity of the expired certificate shall continue until the department acts on the renewal application. (F) A nonrefundable application fee of forty-five dollars ($45) shall accompany each renewal application. Application for renewal must be made on the form provided by the department. (G) A late fee of ten dollars ($10) per month up to a total of twenty dollars ($20) shall be assessed for any certificate renewed after the expiration date. (5) Reciprocity.  $ \HDUV\HDUVRIZKLFKPD\EH HTXLYDOHQW % 6L[PRQWKVDOORIZKLFKPD\ EHHTXLYDOHQW &$)2 2SHUDWRU 7UDLQHH 1RH[SHULHQFHUHTXLUHPHQW  &ROOHJHOHYHOFRXUVHVLQDJULFXOWXUHDQLPDO VFLHQFHELRORJ\FKHPLVWU\HQJLQHHULQJ HQYLURQPHQWDO KHDOWKVFLHQFHLUULJDWLRQ PDQDJHPHQWVRLOVFLHQFHZDWHUZDVWHZDWHU WHFKQRORJ\HWFJUDGHRI&RUEHWWHULVUHTXLUHG2 PD[LPXPFUHGLWRI RQH\HDU PRQWKSHUHYHU\VHPHVWHUKRXUV )RXU\HDUFROOHJHGHJUHHRUKLJKHULQ DUHODWHG ILHOGIRUH[DPSOHDJULFXOWXUHDQLPDOVFLHQFH ELRORJ\FKHPLVWU\HQJLQHHULQJHQYLURQPHQWDO KHDOWKVFLHQFH LUULJDWLRQPDQDJHPHQWVRLOVFLHQFH HWF \HDU 'HSDUWPHQWDSSURYHG&$)2ZDVWHPDQDJHPHQW V\VWHPFRUUHVSRQGHQFHFRXUVHSUHFHUWLILFDWLRQ HQWU\OHYHO&$)2FRXUVHRUDGYDQFHGFRXUVHLQ &$)2ZDVWHPDQDJHPHQWHDFKFRXUVHZLWKD PLQLPXPRIFRQWDFWKRXUVLQOHQJWK \HDUSHUFRXUVHZLWKDPD[LPXP RI\HDUFUHGLW)RUPXOWLGD\ FRXUVHVDWWHQGDQFHRIDWOHDVWHLJKW\ SHUFHQWRIWKHFRXUVHKRXUVLV UHTXLUHGWRUHFHLYHFUHGLW (A) Certificates may be issued, without examination, to any person who holds a valid certificate attained by examination in any state, territory or possession of the United States or any country or any other certifying authority, providing the requirements for certification of CAFO operators under which the person’s certificate was issued do not conflict with the provisions of this rule and are of an equal or higher standard than that specified by the regulations adopted under this rule. (B) The applicant requesting certification by reciprocity must have actual working experience with a CAFO waste management system in the state, province, country, territory or other authorized area that issued the certificate for which reciprocity is requested. (C) The application for reciprocity must be submitted to the department within one hundred eighty (180) days from beginning employment with a CAFO waste management system in Missouri. The applicant must submit an application form provided by the department, with an application fee of forty dollars ($40). (D) Reciprocal certificates will only be issued to persons who are employed within Missouri CAFO waste management systems. Eligible applicants must submit twenty-five dollars ($25) for issuance of a reciprocated certificate. If employment with a Missouri CAFO waste management system is dependent upon the Missouri certification, the department will send a letter of intent to issue a certificate to the applicant. The letter of intent is valid for one hundred eighty (180) days provided that the certificate that the application is based upon remains valid. If the applicant does not obtain Missouri employment before the expiration date of the letter, he/she must reapply for reciprocal certification. (6) Denial, Suspension, and Revocation. (A) The department may deny, suspend or revoke any certification for any of the following reasons: fraud or deceit in obtaining certification, cheating on the certification examination, negligence, incompetence, misconduct, dishonesty, bribery or extortion, misrepresentation or malfeasance in the holder’s action in operating a CAFO waste management system or appurtenances, sabotage, selective sampling, falsification of facility operating records or reports required by 10 CSR 20, or any violation of 10 CSR 20 or the Missouri Clean Water Law, Chapter 644, RSMo. An operator should not be held responsible for a condition in which that person cannot obtain the necessary resources to correct. The permit holder is responsible for providing the necessary resources to the operator. (B) Notice of a suspension or revocation action will be issued by the department with service by hand delivery or through certified mail to the certificate holder at that individual’s last known address. That notice shall state the reason(s) for suspension or revocation, the effective date of the suspension or revocation and the action(s) the certificate holder may take to contest the suspension or revocation. (C) Individuals with revoked certificates must reapply and retake the certification examination to regain operator certification. Application for certification examination by an individual whose certificate is suspended or revoked may not be made sooner than one (1) year from the effective date of suspension or revocation. Acceptance of any such application shall be at the discretion of the department. When the deficiency is related to a particular weakness, the department may require the operator to complete training in that deficient area. Suspended certificates may be reinstated upon written request from the operator after the suspension term has expired and all suspension requirements have been met. (D)Any suspended or revoked certificate shall be returned to the department. (7) The certificate holder shall notify the department of any change in status including, but not limited to, change of name, change of address and change of employer. (8) All application fees are nonrefundable and nontransferable. (9) Penalties. Penalties for violation of this rule shall be as provided in the Missouri Clean Water Law. 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. **Pursuant to Executive Order 21-07, 10 CSR 20-14.020, subsection (4)(B) was suspended from April 30, 2020 through February 1, 2021 and subsection (4)(G) was suspended from April 19, 2021 through June 30, 2021.