Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment will streamling the types of
concentrated animal feeding operation certification available.
(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.
(5)
Effective Date. This rule becomes effective July 30, 2001, or ninety (90) days
after adoption and compliance with the requirements of section 644.036.3 of the
Missouri Clean Water Law and Chapter 536, RSMo whichever is
later.