PURPOSE: This rule outlines concentrated animal feeding operation waste management systems personnel certification requirements.

1. (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.

   1. (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.
   2. (B) CAFO supervisor. A certified CAFO waste management system operator on the site of and directly in charge for 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.
   3. (C) CAFO assistant supervisor. A certified CAFO waste management system operator holding at least a “C” certificate, but who is not certified to the level required by subsection (2)(D) of this rule. A CAFO assistant supervisor directs or has the authority to direct only one (1) CAFO operator trainee at any time.
   4. (D) CAFO operator. Any individual who operates or determines the method of operating a CAFO waste management system, either personally or by assignment. This includes waste spreading and waste brokerage operations for dry handling systems except for materials registered as a fertilizer under Chapter 266, RSMo.

   5. (E) CAFO operator trainee. Any individual who has applied for CAFO waste management system operator certification as set out in 10 CSR 20-14.020(3)(C), 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

      Rebecca McDowell Cook (10/31/96)*

CAFO waste management system operation. A CAFO operator trainee shall complete department-approved entry level training and pass the examination within twelve (12) months of initial employment at a CAFO waste management system that is required to be operated by certified personnel in subsection (2)(A) of this rule. If the trainee fails to successfully complete the required training and pass the examination within twelve (12) months, the owner must notify the department as required in subsection (2)(F) of this rule. At Class IA wet handling CAFO waste management systems, this individual must perform all CAFO waste management duties in the presence of and under the direct supervision of a “C,” “B,” or “A” certified CAFO supervisor or assistant supervisor.

1. (F) Department. The Missouri Department of Natural Resources.

1. (2) CAFO Waste Management Systems Requirements.

   1. (A) Requirements for operation by certified personnel shall apply to Class IA wet 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.
   2. (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.
   3. (C) All persons performing the duties of a CAFO operator at systems included in subsection (2)(A) of this rule shall apply to the department for CAFO waste management system operator certification within thirty (30) days of initial employment. In cases of change of CAFO employers, “employment” is the total of all CAFO waste management system employment.
   4. (D) Minimum certification of competency classification requirements for CAFO supervisors (excluding assistant supervisors) of CAFO waste management systems shall be determined by the department using the following point system as a guide: 10 CSR 20-14

   CLASSIFICATION OF CAFO WASTE MANAGEMENT SYSTEMS

Certification Level C B A Range of Points 55 and 56—75 76 and fewer greater

Assign points for every item that applies:

Item Points Design animal unit equivalent (A.U.E.) 5 pt. per 1,000 A.U.E.or any fraction thereof Automatic flush and recycle 15 Pull plug flush and/or recycle 10 Mechanical irrigation 25 Gravity irrigation 15 Subsurface injection 5 Tank wagon irrigation 5 Lagoon storage, first unit 10 Lagoon storage, each additional unit 2 Pit or basin storage 10 Anaerobic digester 20 Solids thickening, and/or storage 10 Land application, solids 10

1. (E) The owners of CAFO waste management systems shall furnish the department, upon request, the names, addresses and positions of all employees who are CAFO operators or CAFO supervisors of CAFO waste management systems.
2. (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 requirements. Following consultation with the facility owner, the department shall establish a schedule of activities, including the date by which compliance with this rule shall be obtained.

1. (3) Penalties. Penalties for violation of this rule shall be as provided in the Missouri Clean Water Law.
2. (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.
3. (5) Effective Date. This rule becomes effective January 1, 1997, 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 (1994), whichever is later.

AUTHORITY: section 644.026, RSMo (Supp. 1995).* Original rule filed March 1, 1996, effective Nov. 30, 1996. *Original authority 1972, 1973, 1987, 1993, 1995.