15-20-1103. Definitions.

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created under the Conservation Districts Law, § 14-125-101 et seq.; (4) “Crop” means any vegetative cover; (5) [Repealed.] (6) “Litter” means byproducts associated with the confinement of livestock, including excrement, feed wastes, bedding materials, composted carcasses, and any combinations thereof; (7) “Livestock” means animals kept or raised for use or pleasure, especially farm animals kept for use and profit, including horses, cattle, swine, and poultry; (8)(A) “Nutrient” means a substance or recognized plant nutrient, element, or compound that is used or sold for its plant-nutritive content or its claimed nutritive value. (B) “Nutrient” includes substances in litter, compost as fertilizer, commercially manufactured chemical and organic fertilizers, sewage sludge, and combinations thereof; (9) “Nutrient application” means the process by which humans apply nutrients to soil or associated crops; (10) “Nutrient applicator” means any person that applies nutrients to soil or associated crops; (11) “Nutrient management plan” means a plan prepared to assist landowners and operators in the management of fertilizers, litter, sewage sludges, compost, and other nutrient sources for maximum soil fertility and protection of the waters within the state; (12) “Nutrient surplus area” means an area declared by § 15-20-1104 in which the soil concentration of one (1) or more nutrients is so high or the physical characteristics of the soil or area are such that continued application of the nutrient to the soil could negatively impact soil fertility and the waters within the state; (13) “Person” means any individual, partnership, company, association, fiduciary, corporation, or any organized group of persons whether incorporated or not; (14) “Poultry” means chickens, turkeys, ducks, geese, and any other domesticated birds; (15)(A) “Poultry feeding operation” means any lot or facility where two thousand five hundred (2,500) or more poultry are housed or confined and fed or maintained on any one (1) day in the preceding twelve-month period. (B) Multiple poultry houses within a reasonable proximity to one another under the control of one (1) owner shall be considered one (1) facility; (16) “Poultry litter management plan” means the plan for utilization of litter by poultry feeding operations pursuant to § 15-20-1108; (17) “Protective rate” means the agronomic rate or other rate as determined by the commission of a designated nutrient that provides for proper crop utilization and prevention of significant impact to waters within the state; and (18) “Waters within the state” means all streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, that are contained within, flow through, or border upon this state or any portion of the state.