2-3306.   Responsibility of chemigation equipmentoperators; chemigation equipment operator examination; renewal; fee.(a) Any individual operating chemigation equipment under a chemigation userpermit shall be responsible for the safe operation of such chemigationequipment and any such equipment shall be considered to be under the directsupervision of the chemigation user permit holder.

      (b)   The secretary shall not issue a chemigation user permit to any personunless such person is a certified chemigation equipment operator or has in suchperson's employment at least one certified chemigation equipment operator. Achemigation equipment operator is an individual who has successfully completedan examination given by the secretary or the secretary's designee. Except asprovided in subsection (c), if the chemigation user permit is issued to anindividual, that individual must have successfully completed the chemigationequipment operator examination. Such examination shall include, but not belimited to, the following:

      (1)   The proper use of anti-pollution devices;

      (2)   preparing the chemical solution and filling the chemicalsupply container;

      (3)   calibrating of injection equipment;

      (4)   supervision of chemigation equipment to assure its safe operation;

      (5)   environmental and human hazards that may be involved in chemigation;

      (6)   protective clothing and respiratory equipment;

      (7)   general precautions to be followed in disposal of containers anddecontamination of the equipment;

      (8)   handling of tail water and other accumulations of watercontaining chemicals;

      (9)   information of procedures to be followed should chemicals inadvertentlyenter the water supply source as a result of the chemigation process;

      (10)   label information, especially chemigation instructions;

      (11)   applicable state and federal laws and regulations; and

      (12)   any other subject which the secretary deems necessary.

      (c)   The examination provided for in subsection (b) may be waived forany individual who has been certified as a pesticide applicator in thecategory of chemigation pursuant to the Kansas pesticide law.

      (d)   The chemigation equipment operator certification shall expire onDecember 31 of the fourth calendar year after the year of issue. Achemigation equipment operator certification shall be renewed for asucceeding five year period upon payment of the certification fee andpassing the examination specified in either subsection (b) or (c).

      (e)   The fee for certification as a chemigation equipment operator or forrenewal of such certification shall be $25, except that onandafter July 1, 2015, such certification shall be $10.

      History:   L. 1985, ch. 5, § 6;L. 1989, ch. 7, § 5;L. 2002, ch. 181, § 13;L. 2004, ch. 85, § 13;L. 2009, ch. 128, § 30; July 1.