§ 15-20-1101. Title
This subchapter shall be known and may be cited as the “Arkansas Soil Nutrient Application and Poultry Litter Utilization Act”.
§ 15-20-1102. Legislative intent
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 negatively impact the area; (3) Land application of poultry litter is […]
§ 15-20-1103. Definitions
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 the Arkansas Natural Resources Commission; (3) “Conservation district” means a conservation district created under […]
§ 15-20-1104. Declared nutrient surplus areas
(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 Creek watershed, included within Benton County; (4) The Little Sugar Creek watershed, included within […]
§ 15-20-1105. Regulatory considerations
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 produced and applied in the area; (4) Commercial fertilizer, compost, and other sources […]
§ 15-20-1106. Designated nutrient application
(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 at a protective rate established by the commission. (b) After a […]
§ 15-20-1107. Nutrient management plan
(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 […]
§ 15-20-1108. Poultry litter management plan
(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 […]
§ 15-20-1109. Sale or transfer of litter
(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 poultry feeding operation within a nutrient surplus area shall utilize […]
§ 15-20-1110. Litter utilization committee
(a) In nutrient surplus areas, the Arkansas Natural Resources Commission shall activate a litter utilization committee to facilitate utilization or removal of excess litter. (b) The commission shall appoint a committee composed of poultry feeding operators, Department of Agriculture staff, and other persons knowledgeable in litter management. (c) (1) The committee shall consider methods of […]
§ 15-20-1111. Implementation
(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. (b) The commission may delegate portions of the program for implementation to the Department of Agriculture or conservation districts, or both. (c) (1) […]
§ 15-20-1112. Enforcement
(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 in charge of the property at least seventy-two (72) […]
§ 15-20-1113. Administrative penalties
(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 Arkansas Water Development Fund and used in furtherance of the nutrient management program, including provisions […]
§ 15-20-1114. No conflict with Arkansas Water and Air Pollution Control Act
(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) This subchapter shall not supersede the requirements of the […]