AGRICULTURE
2022 Okla. Sess. Law Serv. Ch. 239 (H.B. 2983) (WEST)
2022 Okla. Sess. Law Serv. Ch. 239 (H.B. 2983) (WEST)
OKLAHOMA 2022 SESSION LAW SERVICE
Fifty-Eighth Legislature, 2022 Second Regular Session
CHAPTER 239
H.B. No. 2983
AGRICULTURE
An Act relating to agriculture; amending 2 O.S. 2021, Sections 10–9.7 and 10–9.19, which relate to poultry Nutrient Management Plans; requiring Nutrient Management Plans to include latitude and longitude; requiring all Nutrient Management Plans submitted after a certain date to be prepared by the operator or designee of the operator; providing that amendments to Nutrient Management Plans shall state that no changes in the Oklahoma Department of Agriculture, Food, and Forestry-promulgated standards have occurred since last Nutrient Management Plan; requiring Nutrient Management Plans to conform to the Department's standards for land application for poultry waste as promulgated by rules; requiring the Department to promulgate emergency rules to implement the requirements and standards as required by this act; providing for noncodification; and declaring an emergency.
SUBJECT: Agriculture
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 2 § 10–9.7 >>
SECTION 1. AMENDATORY 2 O.S. 2021, Section 10–9.7, is amended to read as follows:
Section 10–9.7. A. All poultry feeding operations shall utilize Best Management Practices and shall meet the conditions and requirements established by subsection B of this section and by rules promulgated by the State Board of Agriculture pursuant to the Oklahoma Registered Poultry Feeding Operations Act.
B. The criteria for Best Management Practices shall be promulgated by rules by the Board and shall include, but not be limited to, the following:
1. There shall be no discharge of poultry waste to waters of the state;
2. Stored poultry waste shall be isolated from outside surface drainage by covers, ditches, dikes, berms, terraces or other such structures;
3. No waters of the state shall come into direct contact with the poultry confined on the poultry feeding operation;
4. Poultry waste handling, treatment, management, and removal shall:
a. not create an environmental or a public health hazard,
b. not result in the contamination of waters of the state, and
c. conform to such other handling, treatment and management and removal requirements deemed necessary by the Oklahoma Department of Agriculture, Food, and Forestry to implement the Oklahoma Registered Poultry Feeding Operations Act and rules promulgated pursuant thereto.
The rules promulgated by the Board pursuant to this section shall provide for exceptions to the storage requirements for poultry waste in emergency situations. Such exceptions shall include but not be limited to allowing a contract poultry grower to take such actions as are necessary to meet requirements imposed on a grower by an integrator. In such situations growers shall be required to take all actions feasible to prevent pollution from stored poultry waste.
C. Every poultry feeding operation shall have a Nutrient Management Plan which shall include at a minimum:
1. A description of poultry waste handling procedures and availability of equipment and type of equipment to be used;
2. The calculations and assumptions used for determining land-application rates if land application is applicable;
3. All nutrient analysis data for soil and poultry waste testing;
4. Legal description and latitude and longitude of lands to be used by an operation for land application;
5. Land-application rates of poultry waste shall be based on the available nitrogen and phosphorous content of the poultry waste and shall provide controls for runoff and erosion as appropriate for site conditions;
6. The procedures documented in the Nutrient Management Plan shall ensure that the handling and utilization of poultry waste complies with the following requirements:
a. adequate poultry waste storage shall be provided consistent with rules promulgated by the Oklahoma Department of Agriculture, Food, and Forestry pursuant to subsection B of this section,
b. poultry waste shall not be applied to land when the ground is saturated or during rainfall events. Poultry waste shall not be applied to land when the ground is frozen except in conformance with the Nutrient Management Plan,
c. poultry waste shall only be applied to suitable land at appropriate times and rates. Discharge or runoff of waste from the application site is prohibited. Timing and rate of applications shall be based on assimilation capacity of the soil profile, assuming usual nutrient losses, expected precipitation, and soil conditions, and
d. poultry waste application shall be prohibited on land subject to excessive erosion;
7. Records shall be maintained of all poultry wastes applied on land owned or controlled by the operator, and sold or given to other persons:
a. if the poultry waste is sold or given to other persons for land application or other use, the poultry feeding operation shall maintain a log of: date of removal from the poultry feeding operation; name of recipient the poultry waste is sold or given to; and amount in wet tons, dry tons or cubic yards of poultry waste removed from the poultry feeding operation, and
b. the poultry feeding operation shall make available to the recipient any nutrient sample analysis from that year;
8. Any analysis required by the provisions of the Oklahoma Registered Poultry Feeding Operations Act or rules promulgated thereto shall be performed by a qualified environmental testing laboratory certified by the Department of Environmental Quality and approved by the Oklahoma Department of Agriculture, Food, and Forestry; and
9. Such other information deemed necessary by the Oklahoma Department of Agriculture, Food, and Forestry to administer the provisions of the Oklahoma Registered Poultry Feeding Operations Act and rules promulgated pursuant thereto.
D. 1. The Nutrient Management Plan for new or expanding poultry feeding operations submitted after the effective date of this act July 1, 1998, shall be prepared by the operator or designee of the operator.
2. After the plan is submitted to the Oklahoma Department of Agriculture, Food, and Forestry for review and approval if the Department determines that a submitted plan needs or requires any corrections or modifications, the Department shall return the Nutrient Management Plan to the operator for corrections.
3. For a renewal, if the Department determines the Nutrient Management Plan needs or requires corrections or modifications, the Department shall make any and all appropriate corrections, approve the plan and notify the poultry feeding operation of the modifications.
E. 1. Except as otherwise provided in this subsection, a Nutrient Management Plan for every poultry feeding operation shall be renewed and an updated plan shall be submitted to the Oklahoma Department of Agriculture, Food, and Forestry every six (6) years from the date the initial or previous plan was submitted.
2. The operator shall have the option to submit the renewed or updated plan through the Department's website or a printable online form designed by the Department.
3. A current operator may submit a one-page amendment to the most recently submitted plan in lieu of a renewal plan through the Department's website, if applicable. Poultry feeding operations submitting an amendment pursuant to this subsection shall still be subject to the soil and poultry waste testing requirements under subsections F and G of this section. The amendment shall contain the following statements:
a. no changes in the waste utilization Department's promulgated standards for land application of poultry waste have occurred since the most recently submitted Nutrient Management Plan,
b. there has been no change to the number of poultry housed since the most recently submitted Nutrient Management Plan,
c. there has been no expansion in the poultry feeding operation since the most recently submitted Nutrient Management Plan, and
d. the entirety of the poultry waste is:
(1) removed off-site as provided in the poultry feeding operation's annual report, as required by subsection J of this section, and will continue to be removed off-site for the next six (6) years, or
(2) land-applied and will continue to be land-applied for the next six (6) years.
F. Every poultry feeding operation located in a non-nutrient-limited watershed and non-nutrient-vulnerable groundwaters shall perform soil testing on each land-application area and poultry waste testing at least once every three (3) years to determine:
1. Soil pH and plant-available nutrients including, at a minimum, nitrogen, phosphorous and potassium;
2. Poultry waste nutrient concentrations and moisture; and
3. Application rate based upon current United States Department of Agriculture Natural Resources Conservation Service Waste Utilization Standards, unless the Oklahoma Department of Agriculture, Food, and Forestry approves other standards the Department's standards for land application for poultry waste as promulgated by rules.
G. Every poultry feeding operation located in a nutrient-limited watershed and nutrient-vulnerable groundwater shall perform an annual soil test on each land-application area prior to the first application of the calendar year. Poultry waste testing shall be performed annually prior to the first application of the calendar year. Soil and poultry waste testing shall be performed to determine:
1. Soil pH and plant-available nutrients including at least nitrogen, phosphorous and potassium;
2. Poultry waste nutrient concentrations and moisture; and
3. Application rate based upon current United States Department of Agriculture Natural Resources Conservation Service Waste Utilization Standards, unless the Oklahoma Department of Agriculture, Food, and Forestry approves other standards the Department's standards for land application of poultry waste as promulgated by rules.
H. 1. Soil and poultry waste analysis data shall be retained by the poultry feeding operation for a minimum of six (6) years.
2. All soil and poultry waste analysis data shall be dated prior to land application.
I. 1. Poultry feeding operations shall develop a plan for the disposal of carcasses associated with normal mortality.
2. In the event there is an outbreak of a major disease or other emergency resulting in deaths significantly higher than normal mortality rates, the Oklahoma Department of Agriculture, Food, and Forestry may approve, in writing, an alternate method of disposal of carcasses or the storage of poultry waste during the emergency period.
J. Every poultry feeding operation shall file by September 1 of each year an annual report with the Department regarding all poultry waste removed from or land-applied by the facility for the period from July 1 of the previous year through June 30 of that year. The report shall contain the following information:
1. The date and amount of poultry waste removed from or land-applied at the facility;
2. The type of poultry waste removed or land-applied, whether a cake out, full clean out, in-house windrow or compost, poultry waste stack shed, or other type;
3. The county and, if applicable, the name of the Nutrient Limited Watershed where the poultry waste was produced; and
4. The location where the poultry waste is removed to:
a. if land-applied on-site, provide the following:
(1) the date of the land application,
(2) the total amount of poultry waste land-applied in wet tons, dry tons, or cubic yards,
(3) the name, mailing address, and telephone number of the poultry waste applicator, and
(4) the number of acres under the control of the poultry feeding operation for land application of poultry waste, or
b. if removed off-site, provide the following:
(1) the date of the removal off-site,
(2) the amount of poultry waste removed in wet tons, dry tons, or cubic yards,
(3) the name, mailing address, and telephone number of the person the poultry waste is sold or transferred to,
(4) the name, mailing address, telephone number, and poultry waste applicator license number of the poultry waste applicator, if known, and
(5) the name, mailing address, and telephone number of the hauler of the poultry waste.
<< OK ST T. 2 § 10–9.19 >>
SECTION 2. AMENDATORY 2 O.S. 2021, Section 10–9.19, is amended to read as follows:
Section 10–9.19. 1. Prior to any land application of poultry waste by a certified poultry waste applicator, the applicator shall obtain the most recent soil and poultry waste tests as required by the Oklahoma Poultry Waste Applicators Certification Act.
2. Land application of poultry waste in a non-nutrient-limited watershed and non-nutrient-vulnerable groundwaters shall not be made at any rate which exceeds the most recently published United States Department of Agriculture Natural Resources Conservation Service Waste Utilization Standards Department's promulgated standards for land application of poultry waste.
3. The Oklahoma Department of Agriculture, Food, and Forestry may promulgate rules pursuant to the Administrative Procedures Act which will prohibit the land application of poultry waste in nutrient-limited watersheds and nutrient-vulnerable groundwaters based upon lower soil phosphorous levels than are allowed in this section for non-nutrient-limited watersheds and non-nutrient-vulnerable groundwaters.
SECTION 3. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows:
The Oklahoma Department of Agriculture, Food, and Forestry shall promulgate emergency rules to implement the requirements and standards required by the above sections.
SECTION 4. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Approved May 11, 2022.
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