(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 soil test with nutrient application recommendations is obtained for lands within a nutrient surplus area:
(1) Application of commercial fertilizer may continue in compliance with the protective rate after January 1, 2007; and
(2) The protective rate as indicated by the soil test shall constitute a permit to apply nutrients consistent with the protective rate.
(c) Designated nutrient application within a nutrient surplus area shall be applied under time, place, and manner restrictions determined necessary by the commission to protect the soil fertility, crop vitality, and the waters within the state.
(d) Except as provided in subsection (e) of this section:
(1)
(A) Only a certified nutrient applicator may apply a nutrient application within a nutrient surplus area.
(B) In areas outside nutrient surplus areas, nutrient applicators may not be required to be certified; and
(2)
(A) Nutrient application within a nutrient surplus area shall be documented by the nutrient applicator in a method acceptable to the commission.
(B) This documentation shall be maintained by the landowner and the nutrient applicator.
(C) The information collected in furtherance of this subchapter shall not be public record.
(e)
(1) Designated nutrient application within a nutrient surplus area on residential lands of two and one-half (2 1/2) acres or less shall be applied at a rate not to exceed the protective rate and in a manner acceptable to the commission and may be performed by the landowner or resident.
(2) In such instances, the landowner or resident shall not be required to be a certified nutrient applicator but shall maintain the required documentation.
(f) Application of poultry litter to soils or associated crops within a nutrient surplus area shall be done in accordance with a nutrient management plan or poultry litter management plan after January 1, 2007.
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