PURPOSE: This rule sets out the

fied the requirements for the certification level specified pursuant to this rule.

1. (2) Administration.

   1. (A) The department shall serve as the certifying agency for concentrated animal feeding operations (CAFO) waste management system personnel.
   2. (B) Any conflict arising from departmental actions or decisions made in the execution of this rule and not satisfactorily resolved through the Missouri Clean Water Commission’s director of staff may be appealed to the commission. The appeal shall be made in writing to the Missouri Clean Water Commission, Attention: Commission Secretary, within thirty (30) days of the contested action or decision. The appeal shall indicate the interest of the party filing the action. The commission shall set the appeal for hearing no sooner than thirty (30) days after receipt of a proper appeal. Appeals may be heard by a hearing officer appointed by the commission chair. Hearings shall be conducted in accordance with section 644.066, RSMo.

2. (3) Certification of Competency.

   1. (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.
   2. (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.
   3. (C) A completed application form for

tion of irrigation and land application equipment, as applied to CAFO waste management systems.

1. (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.
2. (F) An individual applying to take the examination will be allowed to reschedule once within twelve (12) months of the application date. After that, the applicant must reapply as required in subsection (3)(C) of this rule.

3. (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. 1. Successful completion of a depart-

ment approved entry level CAFO waste management system course of the following minimum length:

1. A. Wet handling CAFO waste man-

agement systems—thirty (30) hours; and

1. B. Dry handling CAFO waste man-

agement systems—eighteen (18) hours; and

1. 2. Actual CAFO waste management sys-

tem operating experience required for classification level: A 6 years (2 years of which may be equivalent) B 4 years (1 year of which may be equivalent) C 1 year (All of which shall be actual experience) CAFO Operator Trainee No experience requirement

1. (H) Years of equivalent experience shall be computed from the following criteria:

   1. 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. Graduation from approved one (1)- 1 year

Department-approved CAFO waste 1/2 year per management system correspondence course with a course or department approved admaximum of 1 vanced course in CAFO waste year credit management (minimum of 30 contact hours in length )

1. (I) Any person having completed a department-approved entry level CAFO waste management course as required in subsection (3)(G)1. of this rule, but not possessing the necessary operational experience, may take the certification examination.

   1. 1. Upon passing the examination, the

individual will have fifteen (15) months to obtain the necessary operational experience. If the necessary experience is not obtained within the fifteen (15)- month limit, the individual must retake the examination to be certified at that level of competency.

1. 2. Application for a certificate must be

made on the proper form as described in subsection (9)(A).

1. (J) An individual is not certified until the certificate has been issued.
2. (K) The minimum age for certification shall be eighteen (18) years.

3. (L) A valid wet handling CAFO waste management system certificate shall be considered equal to a dry handling certificate of the same level and is approved for use at a dry handling system.

   (10/31/96)* Rebecca McDowell Cook

1. (M) A valid dry handling CAFO waste management system certificate shall not be considered equal to a wet handling certificate of any level and is not approved for use at a wet handling system.
2. (N) An operator possessing a valid Missouri dry handling CAFO waste management system certificate desiring to obtain a wet handling certificate will be given fifty percent (50%) equivalent credit for actual calendar years’ experience at a dry handling CAFO waste management system.

3. (4) Certificate Renewal.

   1. (A) All Class A, B and C 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.

   2. (B) Before a certificate will be renewed, the applicant must submit suitable documentation that not less than—

      1. 1. Twenty-four (24) hours of depart-

ment-approved renewal training has been obtained for individuals who are certified for wet handling CAFO waste management systems. Each certified CAFO operator is responsible for documenting such training; and

1. 2. Twelve (12) hours of department-

approved renewal training for individuals who are certified for dry handling CAFO waste management systems. Each certified CAFO operator is responsible for documenting such training.

1. (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.
2. (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

1. (3) of this rule.

   1. (E) Provided the certificate holder has submitted 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.

   2. (F) A nonrefundable application fee of forty-five dollars ($45) shall accompany each renewal application. Application for renewal

      Rebecca McDowell Cook (10/31/96)*

must be made on the form provided by the department as described in subsection (9)(B).

1. (G) A late fee of ten dollars ($10) per month, or fraction thereof, up to a total of twenty dollars ($20) shall be assessed for any certificate renewed after the expiration date.

1. (5) Revocation.

   1. (A) The department may revoke any certification for any of the following reasons: fraud or deceit in obtaining certification; negligence, incompetence, misconduct, dishonesty, misrepresentation or malfeasance in the holder’s action in operating a CAFO waste management system or appurtenances; 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.
   2. (B) Notice of a revocation action will be issued by the commission’s director of staff 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 revocation, the effective date of the revocation and the action(s) the certificate holder may take to contest the revocation.
   3. (C) A written request for a hearing may be made by the certificate holder no more than thirty (30) days following receipt of notification from the commission’s director of staff that revocation proceedings have been initiated. A hearing will be conducted as outlined in subsection (2)(B) of this rule.
   4. (D) Application for certification examination by an individual whose certificate is revoked may not be made sooner than one (1) year from the effective date of revocation. Acceptance of any such application shall be at the discretion of the department.
   5. (E) Any revoked certificate shall be returned to the department.
2. (6) 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.
3. (7) All application fees are nonrefundable and nontransferable.
4. (8) Penalties. Penalties for violation of this rule shall be as provided in the Missouri Clean Water Law.

5. (9) Forms.

   1. (A) Examination Application.
   2. (B) Renewal Application.
   3. (C) Reserved.

AUTHORITY: section 644.026, RSMo (Supp. 1995).* Original rule filed 10 CSR 20-14 March 1, 1996, effective Nov. 30, 1996. *Original authority 1972, 1973, 1987, 1993, 1995.