Arkansas Administrative Code

15 CAR § 5-101. Purpose. (a) This part governs the Arkansas Natural Resources Commission’s Nutrient Management Applicator Certification Program for individuals who apply nutrients to land. (b)(1) The commission shall certify the competence of individuals to: (A) Apply nutrients; …

15 CAR § 5-102. Definitions. As used in this part: (1) “Administrative consent order” means a legal agreement signed by the Director of the Arkansas Natural Resources Commission and a certified nutrient applicator; (2) “Certified nutrient applicator” means a person who has been c…

15 CAR § 5-103. Duties of other state agencies. The provisions of this part shall not limit the powers of other state agencies.

15 CAR § 5-104. Distinction between private and commercial applicators. (a) Certified private applicator. (1) A person seeking certification to apply nutrients to land owned in whole or part by him or her or to land that is under his or her control through a property interest oth…

15 CAR § 5-105. Persons who may apply nutrients without obtaining applicator certification. (a) When applicator certification is required and circumstances authorize a certified private applicator to apply nutrients, a person may apply nutrients while acting under the supervision…

15 CAR § 5-201. Requirements for private applicator certification. (a) An applicant may obtain private applicator certification by satisfying all of the following requirements: (1) Satisfactorily completing and submitting an application form to the Arkansas Natural Resources Comm…

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15 CAR § 5-203. Private applicator certification training. The Arkansas Natural Resources Commission or its delegate shall periodically provide certified private applicator training sessions.

15 CAR § 5-301. Requirements for commercial applicator certification. An applicant may obtain commercial applicator certification by satisfying all of the following requirements: (1) Satisfactorily completing and submitting an application form to the Arkansas Natural Resources Co…

15 CAR § 5-302. Review of application. (a) The application and supporting documentation to obtain certification will be reviewed by the Arkansas Natural Resources Commission staff. (b)(1) The commission will: (A) Inform the applicant in writing if it determines that the applicati…

15 CAR § 5-303. Certified commercial applicator training. The Arkansas Natural Resources Commission or its delegate shall periodically provide certified commercial applicator training prior to scheduled examinations.

15 CAR § 5-304. Examination. (a)(1) The Arkansas Natural Resources Commission or its delegate will periodically provide written examinations to certified commercial applicator applicants for a twenty-five-dollar examination fee that must be paid prior to sitting for the test. (2)…

15 CAR § 5-305. Notification of commercial applicator certification. (a) Each applicant shall: (1) Be notified of results in writing within sixty (60) days of the completion of the examination; and (2) Receive notice of whether certification has been approved. (b) An applicant de…

15 CAR § 5-401. Term of certification. (a) Certification shall be valid for a period of five (5) years and will automatically expire on January 1 of the fifth year following certification if the certified nutrient applicator fails to properly renew certification. (b) Following th…

15 CAR § 5-402. Renewal of certification. (a) A certified private applicator must renew certification prior to the certificate’s expiration date by complying with all of the following requirements: (1) Submission of the renewal application form; and (2) Payment of a thirty-dollar…

15 CAR § 5-403. Requirement to keep current address on file. (a) A certified nutrient applicator is required to provide the Arkansas Natural Resources Commission with current address and other requested contact information within fifteen (15) working days of change so that the co…

15 CAR § 5-404. Continuing education for commercial applicators. (a)(1) A certified commercial applicator must have proof of four (4) approved continuing education credits completed during the previous five (5) years to renew his or her certification. (2) Each continuing educatio…

15 CAR § 5-405. Approval of third-party courses. (a)(1) Continuing education programs submitted for preapproval shall be considered by the Arkansas Natural Resources Commission only if the sponsor or attendee submits a written description. (2) The description must include the: (A…

15 CAR § 5-501. Consideration of military training and experience in lieu of experience or education. When considering an application for licensure, the Arkansas Natural Resources Commission shall: (1) Consider whether or not the applicant’s military training and experience is su…

15 CAR § 5-502. Consideration of out-of-state certification. The Arkansas Natural Resources Commission will issue certification to an individual applying for Arkansas certification who: (1) Holds a substantially equivalent certification issued by another state and who is in good …

15 CAR § 5-503. Expedited certification. The Arkansas Natural Resources Commission shall expedite the certification process for the following individuals: (1) An active duty military member stationed in Arkansas; (2) A returning military veteran applying within one (1) year of hi…

15 CAR § 5-504. Certification expiration. A certification issued by the Arkansas Natural Resources Commission held by an active duty military service member or the spouse of an active duty military service member deployed outside Arkansas shall not expire until one hundred eighty…

15 CAR § 5-505. Continuing education exemption. (a) The Arkansas Natural Resources Commission shall allow a full or partial exemption from certification continuing education requirements for the following individuals: (1) An active duty military service member deployed outside of…

15 CAR § 5-601. Maintaining records. (a) The Arkansas Natural Resources Commission may periodically inspect nutrient application records for compliance with this part. (b) A certified nutrient applicator shall maintain the following application records for a period of not less th…

15 CAR § 5-701. Fees. (a) Fees are nonrefundable and shall not be prorated. (b) The Arkansas Natural Resources Commission will assess the following fees: (1) Certification fee for certified private applicator, thirty dollars ($30.00); (2) Certification fee for certified commercia…

15 CAR § 5-801. Noncompliance. It shall be a violation of the Arkansas Soil Nutrient Management Planner and Applicator Certification Act, Arkansas Code § 15-20-1001 et seq., and this part for any certified nutrient applicator to: (1) Provide misleading, false, or fraudulent infor…

15 CAR § 5-802. Review of suspected noncompliance. (a)(1) Upon complaint or suspicion of suspected violation of 15 CAR § 5-701, Arkansas Natural Resources Commission or conservation district staff may: (A) Investigate; and (B) Recommend disciplinary action to the Director of the …

15 CAR § 5-803. Administrative penalties. (a)(1) Upon the first violation of this part by a certified nutrient applicator within any one-year period, the applicator shall be issued a warning letter. (2) For the second violation within any one-year period, the Director of the Arka…

15 CAR § 5-804. Emergency action. If the Arkansas Natural Resources Commission finds that the public health, safety, or welfare imperatively requires emergency action and incorporates that finding in its order, the agency can summarily suspend, limit, or restrict certification pr…

15 CAR § 5-805. Reinstatement after suspension. No certified nutrient applicator whose certification has been suspended will be reinstated until the individual satisfies any condition imposed by the Arkansas Natural Resources Commission or the Director of the Arkansas Natural Res…

15 CAR § 5-806. Recertification after revocation. (a) No certified nutrient applicator whose certification has been revoked will be recertified until the individual satisfies any condition imposed by the Arkansas Natural Resources Commission or the Director of the Arkansas Natura…

15 CAR § 5-901. Judicial review. (a) By law, a person who considers himself or herself injured in his or her person, business, or property by an executed administrative consent order or an Arkansas Natural Resources Commission order following a hearing has the right to appeal the…

15 CAR § 6-101. Purpose. (a) The Arkansas Natural Resources Commission developed this part to encourage prudent practices regarding the application and management of soil nutrients and poultry litter to protect and enhance the state’s surface water quality while allowing for: (1)…

15 CAR § 6-102. Powers of the commission. (a) The Arkansas Natural Resources Commission is authorized to develop all rules necessary to implement the Arkansas Soil Nutrient Application and Poultry Litter Utilization Act, Arkansas Code § 15-20-1101 et seq., taking into considerati…

15 CAR § 6-103. Definitions. As used in this part, the following terms shall have the definitions below unless otherwise specifically stated herein: (1)(A) “Administrative consent order” means a legal agreement signed by the Director of the Arkansas Natural Resources Commission a…

15 CAR § 6-104. Severability. If any provision of this part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provision or applicat…

15 CAR § 6-201. Declared nutrient surplus areas. Acts 2003, No. 1061, codified at Arkansas Code § 15-20-1104, declared the following areas to be nutrient surplus areas: (1) The Illinois River watershed, included within Benton, Washington, and Crawford counties; (2) The Spavinaw C…

15 CAR § 6-202. Geographic boundaries of nutrient surplus areas. (a)(1) The Arkansas Natural Resources Commission further defines the geographic boundaries of the designated nutrient surplus areas listed in 15 CAR § 6-201 by utilizing the National Datasets for Natural Resource An…

15 CAR § 6-203. Requirements applicable to nutrient surplus areas. (a)(1) Except as provided in subsection (g) of this section, no person shall apply nutrients to soils or associated crops within a nutrient surplus area unless nutrients are applied: (A) In compliance with a nutri…

15 CAR § 6-204. Time, place, and manner restrictions. (a) The time, place, and manner restrictions in this section apply to all nutrient applications within a nutrient surplus area. (b)(1) Nutrients shall be evenly distributed over application sites. (2) Application of nutrients …

15 CAR § 6-205. Protective rate. (a) All nutrient applications of commercial fertilizers within a nutrient surplus area must comply with the protective rate set forth in Appendix B unless a different rate is specified in an approved nutrient management plan. (b)(1) The protective…

15 CAR § 6-301. Obtaining a nutrient management plan. (a)(1) Any person seeking a nutrient management plan should contact the local conservation district and request a plan. (2) The person seeking a nutrient management plan may also contact third parties who have obtained certifi…

15 CAR § 6-302. Substitution of existing Arkansas Water and Air Pollution Control Act permit for nutrient management plan. (a) If a nutrient application process within a nutrient surplus area is a part of a process or system for which a permit has been issued and is in effect pur…

15 CAR § 6-303. Contents of a nutrient management plan. (a) A nutrient management plan shall contain sufficient documentation to demonstrate that nutrients will be managed within the nutrient management unit: (1) In compliance with this part; and (2) In a manner sufficient to pro…

15 CAR § 6-304. Additional plan content. The certified nutrient planner should incorporate additional plan requirements as appropriate if required by incentive programs that apply to a specific owner or operator.

15 CAR § 6-305. Review and revision of nutrient management plans. (a) Nutrient management plans shall be reviewed by the owner or operator of the nutrient management unit at least annually to determine if adjustments or modifications are needed. (b) Plans would need to be modifie…

15 CAR § 6-306. Record keeping requirements. (a)(1) Records required to be compiled or kept by this part or by the provisions of any approved nutrient management plan shall be: (A) Maintained by the owner and operator of the lands within the nutrient management unit for a minimum…