(a) (1) Poultry litter management plans shall be approved by the board of directors of the conservation district where a majority of the land to which the poultry litter management plan applies is located.(2) The person requesting a poultry litter management plan may appeal the poultry litter management plan's disapproval or any of the poultry litter management plan's provisions to the Arkansas Natural Resources Commission.
(1) Poultry litter management plans shall be approved by the board of directors of the conservation district where a majority of the land to which the poultry litter management plan applies is located.
(2) The person requesting a poultry litter management plan may appeal the poultry litter management plan's disapproval or any of the poultry litter management plan's provisions to the Arkansas Natural Resources Commission.
(b) (1) Poultry feeding operations within a surplus nutrient area shall develop and implement a poultry litter management plan acceptable to the commission.(2) The person that develops the poultry litter management plan shall have obtained certification from the commission in planning.(3) If the commission determines it to be beneficial, the poultry litter management plan may be a part of a nutrient management plan.
(1) Poultry feeding operations within a surplus nutrient area shall develop and implement a poultry litter management plan acceptable to the commission.
(2) The person that develops the poultry litter management plan shall have obtained certification from the commission in planning.
(3) If the commission determines it to be beneficial, the poultry litter management plan may be a part of a nutrient management plan.
(c) At a minimum, the poultry litter management plan shall contain a:(1) Periodic poultry litter nutrient content analysis component;(2) Poultry litter utilization component providing for the proper utilization of the litter produced, including provisions ensuring that:(A) Land application within a nutrient surplus area is in accordance with a nutrient management plan or at a rate not to exceed the protective rate;(B) Land application outside a nutrient surplus area is in a method and at a rate acceptable to the commission; and(C) Litter not land-applied is converted to a nonnutrient use or other use acceptable to the commission; and(3) Records component that requires the owner of the poultry feeding operation to maintain sufficient records at the site of the poultry feeding operation to determine poultry litter utilization and compliance with the other portions of the poultry litter management plan.
(1) Periodic poultry litter nutrient content analysis component;
(2) Poultry litter utilization component providing for the proper utilization of the litter produced, including provisions ensuring that:(A) Land application within a nutrient surplus area is in accordance with a nutrient management plan or at a rate not to exceed the protective rate;(B) Land application outside a nutrient surplus area is in a method and at a rate acceptable to the commission; and(C) Litter not land-applied is converted to a nonnutrient use or other use acceptable to the commission; and
(A) Land application within a nutrient surplus area is in accordance with a nutrient management plan or at a rate not to exceed the protective rate;
(B) Land application outside a nutrient surplus area is in a method and at a rate acceptable to the commission; and
(C) Litter not land-applied is converted to a nonnutrient use or other use acceptable to the commission; and
(3) Records component that requires the owner of the poultry feeding operation to maintain sufficient records at the site of the poultry feeding operation to determine poultry litter utilization and compliance with the other portions of the poultry litter management plan.
(d) The commission may accept a plan or permit prepared to comply with federal law as a poultry litter management plan if the plan or permit substantially meets the requirements of this section.
(e) (1) An approved poultry litter management plan shall constitute a permit to apply nutrients consistent with the poultry litter management plan.(2) The application of nutrients consistent with an approved poultry litter management plan under subdivision (e)(1) of this section shall not serve as the basis for any civil or criminal liability, directly or vicariously, for either the poultry litter management plan holder or an agent or a principal of the poultry litter management plan holder.
(1) An approved poultry litter management plan shall constitute a permit to apply nutrients consistent with the poultry litter management plan.
(2) The application of nutrients consistent with an approved poultry litter management plan under subdivision (e)(1) of this section shall not serve as the basis for any civil or criminal liability, directly or vicariously, for either the poultry litter management plan holder or an agent or a principal of the poultry litter management plan holder.
(f) (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 poultry litter 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 poultry litter management plans with the exception that the commission may collect administrative fines as authorized under § 15-20-1113.
(g) As used in this section, “approved poultry litter management plan” means a poultry litter 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 poultry litter management plan.
(1) Revoked or rescinded by the state or a duly authorized agent of the state; or
(2) Supplanted by a more recent poultry litter management plan.