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15-20-1111. Implementation.
Arkansas Code — all titles (historical 2020) · legal_authorities
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) The commission may defer the requirements of §§ 15-20-1106 — 15-20-1108 for up to two (2) years after declaration as a nutrient surplus area to allow the development of nutrient management plans and poultry litter management plans and implementation of alternative use plans in order that persons affected may come into compliance with this subchapter.
(2) The commission may further defer the requirements of §§ 15-20-1106 — 15-20-1108 if it determines that there is no alternative use for litter or there are no readily available, affordable alternative nutrient supplies for which litter has been used.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-20-1111
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:15-20-1111
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f238ac8ee08f5206e5e966e6261d00d3d7fab3204b823a88b2b14a25db838869
Source location: content.xml paragraph 13579
Stored source content
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) The commission may defer the requirements of §§ 15-20-1106 — 15-20-1108 for up to two (2) years after declaration as a nutrient surplus area to allow the development of nutrient management plans and poultry litter management plans and implementation of alternative use plans in order that persons affected may come into compliance with this subchapter.
(2) The commission may further defer the requirements of §§ 15-20-1106 — 15-20-1108 if it determines that there is no alternative use for litter or there are no readily available, affordable alternative nutrient supplies for which litter has been used.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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 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 ½) acres or less shall be applied at a rate not to exceed the p
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-20-1106
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 15-20-1106. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 poultry litter management plan's provisions to 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 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
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-20-1108
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 15-20-1108. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-15-201. This identifies an authority to review, not proof of applicability.