Title 15, Natural Resources and Economic Development

(a) The Arkansas Natural Resources Commission shall develop and implement a nutrient applicator training and certification program to certify the competence and knowledge of a person making nutrient application, including the proper utilization of litter. (b) (1) The applicator c…

(a) The process for the development of rules and the imposition of administrative penalties shall be conducted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) Any records collected by the Arkansas Natural Resources Commission in furtherance of this …

(a) Fees paid and penalties collected shall be deposited into the Arkansas Water Development Fund and used in furtherance of the nutrient management program, including this subchapter. (b) Fees collected shall be cash funds when received by the Treasurer of State and shall not be…

(a) The Arkansas Natural Resources Commission may impose administrative penalties not to exceed one thousand dollars ($1,000) per violation against any person violating this subchapter or rules adopted pursuant to this subchapter. (b) The commission or the commission's designee m…

(a) A person who provides information to the Arkansas Natural Resources Commission concerning a possible violation of the Arkansas Poultry Feeding Operations Registration Act, § 15-20-901 et seq., the Arkansas Soil Nutrient Management Planner and Applicator Certification Act, § 1…

(a) In consultation with the Division of Environmental Quality, the Department of Agriculture has authority over all liquid animal waste management systems in this state, including without limitation the authority to:(1) Promulgate rules related to liquid animal waste management …

This subchapter shall be known and may be cited as the “Arkansas Soil Nutrient Application and Poultry Litter Utilization Act”.

(1) The General Assembly finds that:(1) In certain areas of Arkansas, applications of soil nutrients may have resulted or in the future may result in excessive soil nutrient concentration;(2) These applications are not the most effective use of nutrients and if continued could ne…

(1) As used in this subchapter:(1) “Certified nutrient applicator” means any natural person that has shown to the Arkansas Natural Resources Commission that he or she has the minimal knowledge and technical competence necessary to properly apply nutrients;(2) “Commission” means t…

(a) The General Assembly declares the following areas to be nutrient surplus areas for phosphorus and nitrogen:(1) The Illinois River watershed, included within Benton, Crawford, and Washington counties;(2) The Spavinaw Creek watershed, included within Benton County;(3) The Honey…

(1) In developing rules to implement this subchapter, the Arkansas Natural Resources Commission shall consider:(1) The current and projected level of nutrients in the soil within the area;(2) The current or potential impacts of surplus nutrients within the area;(3) Litter produce…

(a) It shall be a violation of this subchapter to apply designated nutrients to soils or associated crops within a nutrient surplus area unless the nutrient application is done in compliance with a nutrient management plan approved by the Arkansas Natural Resources Commission or …

(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…

(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 p…

(a) Upon sale or transfer of poultry litter from a poultry feeding operation within a nutrient surplus area to any user, the poultry feeding operation shall not be responsible for the ultimate utilization of the poultry litter. (b) Any person receiving poultry litter from a poult…

(a) (1) The Arkansas Natural Resources Commission may develop all rules necessary to implement this subchapter.(2) Rules shall be adopted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (1) The Arkansas Natural Resources Commission may develop all rules…

(a) (1) Agents of the Department of Agriculture or a conservation district may enter on private property to determine compliance with this subchapter.(2) (A) Entry shall not occur without prior notification of the owner.(B) Notice shall be given to the owner, operator, or agent i…

(a) The Arkansas Natural Resources Commission may impose administrative penalties not to exceed two thousand five hundred dollars ($2,500) per violation against any person who violates the requirements of this subchapter. (b) (1) Penalties collected shall be deposited into the Ar…

(a) (1) This subchapter shall not supersede the requirement that liquid animal waste management systems comply with the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., or rules adopted under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.(2) T…

This subchapter shall be known and may be cited as the “Surplus Nutrient Removal Incentives Act”.

(1) As used in this subchapter:(1) “Litter” means byproducts associated with the confinement of poultry, including excrement, feed wastes, bedding materials, composted carcasses, and any combinations thereof; and(2) “Nutrient surplus area” means an area declared a nutrient surplu…

(a) (1) For the purchase and transportation of surplus litter from any nutrient surplus area to be used or disposed of within Arkansas but outside nutrient surplus areas and outside the watersheds listed in subdivision (a)(2) of this section, the Arkansas Natural Resources Commis…

Litter that is transported from a nutrient surplus area and then land applied shall be applied in a manner consistent with soil test recommendations.

(a) The Arkansas Natural Resources Commission shall promulgate rules necessary to administer the cost share program under this subchapter. (b) (1) The commission may charge a reasonable application fee to process cost share applications.(2) All fees received under subdivision (b)…

The Arkansas Water Development Fund may be used to finance cost share under this subchapter.

This subchapter shall be known and may be cited as the “Arkansas Water, Waste Disposal, and Pollution Abatement Facilities Financing Act of 2007”.

(1) As used in this subchapter:(1) “Aquatic resources” means ecological functions, services, and values provided by the waters of the United States that are subject to compensatory mitigation pursuant to United States Department of the Army permits under § 404 of the Clean Water …

(a) (1) The Arkansas Natural Resources Commission is hereby authorized to issue bonds of the State of Arkansas to be known as “State of Arkansas Water, Waste Disposal, and Pollution Abatement Facilities General Obligation bonds”, in total principal amount not to exceed three hund…

(a) The bonds shall be issued in series in amounts sufficient to finance or refinance all or any part of project costs with the respective series to be designated in alphabetical order or by the year in which issued, or both. (b) (1) Each series of bonds shall have the date as th…

Bonds issued under this subchapter shall be issued to finance on a temporary or permanent basis or to refinance and develop one (1) or more projects, and the proceeds of the bonds shall be applied to the payment of project costs and the costs and expenses of issuance of the bonds…

(a) (1) The bonds shall be authorized by resolution of the Arkansas Natural Resources Commission.(2) Each resolution shall contain the terms, covenants, and conditions deemed desirable for the bonds, including without limitation conditions pertaining to:(A) The establishment and …

(a) Each bond shall:(1) Be signed with the manual or facsimile signatures of the Governor, the Chair of the Arkansas Natural Resources Commission, and the Treasurer of State; and(2) Have affixed, imprinted, or lithographed on the bond the Great Seal of the State of Arkansas. (1) …

(a) The bonds may be sold:(1) Either at public or private sale in a manner and upon such terms as the Arkansas Natural Resources Commission determines to be reasonable and expedient for the purposes for which the commission was created; and(2) At the price the commission determin…

(a) The proceeds from the sale of the bonds, together with all revenues derived by the Arkansas Natural Resources Commission from any project financed or refinanced under this subchapter and appropriated, allocated, or otherwise set aside by the commission for the payment of the …

The bonds shall be the direct general obligations of the state for the payment of debt service on which the full faith and credit of the state are irrevocably pledged so long as any such bonds are outstanding. The bonds shall be payable from the general revenues of the state and …

(a) (1) On or before the commencement of each fiscal year, the Chief Fiscal Officer of the State shall determine the estimated amount required for payment of all or a part of the debt service on the bonds issued under this subchapter during the fiscal year and deduct from the est…

Bonds and the interest on the bonds issued under this subchapter are exempt from state, county, and municipal taxes, including income taxes, inheritance taxes, and property taxes. The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment…

(a) (1) Bonds may be issued under this subchapter to refund any outstanding bonds issued under this subchapter or to refund any outstanding bonds of the Arkansas Natural Resources Commission issued pursuant to the prior act.(2) Bonds issued under this section:(A) Do not require t…

(a) In addition to powers conferred under other laws, the Arkansas Natural Resources Commission may take appropriate action to carry out the purposes of this subchapter, including the power to:(1) Develop projects;(2) Operate and maintain projects;(3) Acquire absolute title to an…

(a) This subchapter constitutes a contract between the state and the registered owners of all bonds issued under this subchapter. (b) The contract shall never be impaired, and any violation of its terms whether under purported legislative authority or otherwise shall be enjoined …

This subchapter shall not create any right of any character unless the first series of bonds authorized by this subchapter has been sold and delivered.

The issuance of bonds authorized by this subchapter shall not impair or affect any outstanding bonds of the Arkansas Natural Resources Commission issued pursuant to the prior act.

(a) (1) Bonds shall not be issued under this subchapter except with the consent of a majority of the qualified electors of the state voting on the question in substantially the form described in this section at the 2008 General Election unless the Governor by proclamation calls a…

(a) If a majority of the qualified electors voting on the question vote for the issuance of the bonds, the Arkansas Natural Resources Commission shall proceed with the sale and the issuance of the bonds as provided in this subchapter. (b) If a majority of the qualified electors v…

This subchapter shall not constitute a waiver of the authority to issue bonds under the prior act or any other legislation authorizing the issuance of bonds for similar purposes.

If, for any reason, any section or provision of this subchapter shall be held to be unconstitutional or invalid for any reason, such holding shall not affect the remainder of this subchapter, but this subchapter, insofar as this subchapter is not in conflict with the Arkansas Con…