PURPOSE: This rule specifies technical aspects and certification and establishes responsibility for operation and maintenance.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material. The forms mentioned in this rule follow 10 CSR 70-7.150.

1. (1) Technical Specifications. Specifications for soil and water conservation practices and projects set forth in the USDA—Soil Conservation Service-Field Office Technical Guide are to be used as the basis for determining need and practicability of proposed practices, for preparing plans and specifications, for designing and laying out practices and for certifying the proper installation of these practices. Specifications for additional projects and practices not contained within the Field Office Technical Guide and modifications to those so included may be considered and authorized by the commission.

2. (2) Inspections and Certifications. In the event that any technician responsible for complying with any portion of this rule is different from the technician who originally planned a program participant’s conservation plan, and if the technician is other than an individual employed for these purposes by the district or the soil conservation service, the qualifications of this technician shall be established to the satisfaction of the board before proceeding with the program process.

   1. (A) Technical Certification of Proper Installation. A responsible technician shall inspect work in progress to determine that specifications are met. Following installation or construction, it will be the responsibility of the technician to certify to the district that each practice or project was or was not properly installed or constructed. If the district does not receive certification of proper installation, it shall not continue to process the participant’s request for program assistance.
   2. (B) Technical Certification of Proper Operation and Maintenance. Annually, a responsible technician shall conduct an inspection of all projects and practices implemented or constructed through program assistance and shall certify to the district that all maintenance and operations requirements of the technical guide and the conservation plan are being met. If certification is not forthcoming, the district shall not forward to the commission the program participant’s annual claim for reimbursement of interest expenses.
3. (3) Operation and Maintenance. The program participant shall be responsible for operation and maintenance of all projects and practices installed or constructed with assistance from the Loan Interest-Share Program. The participant shall operate and maintain all practices and projects to assure their continued effectiveness for the purposes for which they were intended.
4. (4) Loan Interest-Share Agreement. As a condition of receiving loan interest-share assistance for eligible projects and practices, the program participant shall enter into an agreement of maintenance on forms supplied by the commission. The agreement shall state—If any project or practice implemented, installed or constructed through assistance of the Loan Interest-Share Program is removed, altered or modified so as to lessen its effectiveness for the life span of the loan or is not properly maintained or operated according to the technical specifications and the requirements of the resource management plan, the participant shall forfeit his/her right of participation in the program and any current or future annual interest-share benefits.

AUTHORITY: section 278.080, RSMo 1986.* This rule was previously filed as 10 CSR 70- 5.120. Original rule filed July 12, 1985, effective Nov. 15, 1985. Amended: Filed Oct. 29, 1987, effective Feb. 17, 1988.

*Original authority: 278.080, RSMo 1943, amended 1961, 1980, 1986, 1995, 2000.