(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 Executive Director of 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 Arkansas Natural Resources 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.
(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) An approved poultry litter management plan shall constitute a permit to apply nutrients consistent with the poultry litter management plan.
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