(a) (1) Nutrient management plans shall be approved by the board of directors of the conservation district where a majority of the land to which the nutrient management plan applies is located.(2) The person requesting a nutrient management plan may appeal the nutrient management plan's disapproval or any of the nutrient management plan's provisions to the Arkansas Natural Resources Commission.
(1) Nutrient management plans shall be approved by the board of directors of the conservation district where a majority of the land to which the nutrient management plan applies is located.
(2) The person requesting a nutrient management plan may appeal the nutrient management plan's disapproval or any of the nutrient management plan's provisions to the Arkansas Natural Resources Commission.
(b) In considering the approval of a nutrient management plan, a conservation district board of directors and the commission shall consider the nutrient management plan's provision for:(1) Soil nutrient testing;(2) The level of nutrients contained in the nutrient source;(3) Nutrient application rates, including the methodology utilized in determining the rate;(4) Crops being grown, soil type, geology, hydrology, and other physical characteristics of land on which the nutrient will be applied;(5) The manner and timing of nutrient application;(6) The method for keeping application records contained in the nutrient management plan; and(7) The qualifications of the person developing the nutrient management plan.
(1) Soil nutrient testing;
(2) The level of nutrients contained in the nutrient source;
(3) Nutrient application rates, including the methodology utilized in determining the rate;
(4) Crops being grown, soil type, geology, hydrology, and other physical characteristics of land on which the nutrient will be applied;
(5) The manner and timing of nutrient application;
(6) The method for keeping application records contained in the nutrient management plan; and
(7) The qualifications of the person developing the nutrient management plan.
(c) If the land application of a designated nutrient within a nutrient surplus area is a part of a process regulated under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., or other similar federal or state law and the permit contains conditions regulating the nutrient application of the designated nutrient acceptable to the commission, then the permit shall serve as the nutrient management plan.
(d) (1) An approved nutrient management plan shall constitute a permit to apply nutrients consistent with the nutrient management plan.(2) The application of nutrients consistent with an approved nutrient management plan under subdivision (d)(1) of this section shall not serve as the basis for any civil or criminal liability, directly or vicariously, for either the nutrient management plan holder or an agent or a principal of the nutrient management plan holder.
(1) An approved nutrient management plan shall constitute a permit to apply nutrients consistent with the nutrient management plan.
(2) The application of nutrients consistent with an approved nutrient management plan under subdivision (d)(1) of this section shall not serve as the basis for any civil or criminal liability, directly or vicariously, for either the nutrient management plan holder or an agent or a principal of the nutrient management plan holder.
(e) (1) An administrative violation of this section shall not serve as the basis for any criminal or civil action.(2) An alleged violation of this section is not a basis for a private right of action or any other action other than enforcement of the terms of the nutrient management plans with the exception that the commission may collect administrative fines as authorized under § 15-20-1113.
(1) An administrative violation of this section shall not serve as the basis for any criminal or civil action.
(2) An alleged violation of this section is not a basis for a private right of action or any other action other than enforcement of the terms of the nutrient management plans with the exception that the commission may collect administrative fines as authorized under § 15-20-1113.
(f) As used in this section, “approved nutrient management plan” means a nutrient management plan that has been approved by the relevant authority and has not been:(1) Revoked or rescinded by the state or a duly authorized agent of the state; or(2) Supplanted by a more recent nutrient management plan.
(1) Revoked or rescinded by the state or a duly authorized agent of the state; or
(2) Supplanted by a more recent nutrient management plan.