(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 Executive Director of the Arkansas Natural Resources Commission.
(b) In considering the approval of a nutrient management plan, a conservation district board of directors and the Arkansas Natural Resources 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.
(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) An approved nutrient management plan shall constitute a permit to apply nutrients consistent with the nutrient management plan.
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