1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 4118 By: Hardin
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6 AS INTRODUCED
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7 An Act relating to agriculture; enacting the Farmer
8 Protection Act; providing purpose; amending 2 O.S.
8 2021, Sections 10-9.7, as amended by Section 1,
9 Chapter 239, O.S.L. 2022, and 10-9.11 (2 O.S. Supp.
9 2023, Section 10-9.7), which relate to the Oklahoma
10 Registered Poultry Feeding Operations Act;
10 establishing the exclusive enforcement jurisdiction
11 of the Oklahoma Department of Agriculture, Food, and
11 Forestry for acts or omissions relating to the
12 Oklahoma Registered Poultry Feeding Operations Act;
12 creating a presumption that compliance with a current
13 Nutrient Management Plan insulates poultry growers,
13 operators, integrators, and waste applicators from
14 any private right of action or any collateral
14 enforcement; establishing that the Oklahoma
15 Registered Poultry Feeding Operations Act grants
15 statutory immunity from nuisance liability; providing
16 for noncodification; providing for codification; and
16 declaring an emergency.
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19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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20 SECTION 1. NEW LAW A new section of law not to be
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21 codified in the Oklahoma Statutes reads as follows:
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22 A. This act shall be known and may be cited as the Farmer
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23 Protection Act.
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24 B. The Legislature finds that:
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 1 1. Oklahoma farmers are essential to the State of Oklahoma's
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2 economy;
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3 2. Farmers' ability to feed both Oklahomans and the nation must
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4 be protected while also preserving the state's environmental
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5 resources; and
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6 3. This act must be clarified to protect farmers from overly
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7 burdensome and wholly unnecessary litigation arising from activities
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8 and operations intended to be expressly authorized by the state and
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9 insulated from private rights of action.
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10 SECTION 2. AMENDATORY 2 O.S. 2021, Section 10-9.7, as
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11 amended by Section 1, Chapter 239, O.S.L. 2022 (2 O.S. Supp. 2023,
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12 Section 10-9.7), is amended to read as follows:
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13 Section 10-9.7 A. All poultry feeding operations shall utilize
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14 Best Management Practices and shall meet the conditions and
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15 requirements established by subsection B of this section and by
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16 rules promulgated by the State Board of Agriculture pursuant to the
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17 Oklahoma Registered Poultry Feeding Operations Act.
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18 B. The criteria for Best Management Practices shall be
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19 promulgated by rules by the Board and shall include, but not be
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20 limited to, the following when developing Nutrient Management Plans:
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21 1. There shall be no discharge of poultry waste to waters of
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22 the state;
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 1 2. Stored poultry waste shall be isolated from outside surface
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2 drainage by covers, ditches, dikes, berms, terraces or other such
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3 structures;
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4 3. 2. No waters of the state shall come into direct contact
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5 with the poultry confined on the poultry feeding operation; and
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6 4. 3. Poultry waste handling, treatment, management, and
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7 removal shall:
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8 a. not create an environmental or a public health hazard,
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9 b. not result in the contamination of waters of the
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10 state, and
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11 c. conform to such other handling, treatment and
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12 management and removal requirements deemed necessary
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13 by the Oklahoma Department of Agriculture, Food, and
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14 Forestry to implement the Oklahoma Registered Poultry
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15 Feeding Operations Act and rules promulgated pursuant
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16 thereto.
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17 The rules promulgated by the Board pursuant to this section
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18 shall provide for exceptions to the storage requirements for poultry
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19 waste in emergency situations. Such exceptions shall include but
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20 not be limited to allowing a contract poultry grower to take such
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21 actions as are necessary to meet requirements imposed on a grower by
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22 an integrator. In such reasonable situations growers shall be
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23 required to take all actions feasible to prevent pollution from
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24 stored poultry waste.
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 1 C. Every poultry feeding operation shall have a Nutrient
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2 Management Plan which shall include at a minimum:
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3 1. A description of poultry waste handling procedures and
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4 availability of equipment and type of equipment to be used;
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5 2. The calculations and assumptions used for determining land-
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6 application rates if land application is applicable;
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7 3. All nutrient analysis data for soil and poultry waste
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8 testing;
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9 4. Legal description and latitude and longitude of lands to be
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10 used by an operation for land application;
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11 5. Land-application rates of poultry waste shall be based on
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12 the available nitrogen and phosphorous content of the poultry waste
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13 and shall provide controls for runoff and erosion as appropriate for
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14 site conditions;
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15 6. The procedures documented in the Nutrient Management Plan
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16 shall ensure that the handling and utilization of poultry waste
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17 complies with the following requirements:
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18 a. adequate poultry waste storage shall be provided
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19 consistent with rules promulgated by the Oklahoma
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20 Department of Agriculture, Food, and Forestry pursuant
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21 to subsection B of this section,
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22 b. poultry waste shall not be applied to land when the
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23 ground is saturated or during rainfall events.
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24 Poultry waste shall not be applied to land when the
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 1 ground is frozen except in conformance with the
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2 Nutrient Management Plan,
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3 c. poultry waste shall only be applied to suitable land
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4 at appropriate times and rates. Discharge or runoff
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5 of waste from the application site is prohibited.
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6 Timing and rate of applications shall be based on
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7 assimilation capacity of the soil profile, assuming
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8 usual nutrient losses, expected precipitation, and
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9 soil conditions, and
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10 d. poultry waste application shall be prohibited on land
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11 subject to excessive erosion;
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12 7. Records shall be maintained of all poultry wastes applied on
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13 land owned or controlled by the operator, and sold or given to other
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14 persons:
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15 a. if the poultry waste is sold or given to other persons
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16 for land application or other use, the poultry feeding
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17 operation shall maintain a log of: date of removal
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18 from the poultry feeding operation; name of recipient
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19 the poultry waste is sold or given to; and amount in
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20 wet tons, dry tons or cubic yards of poultry waste
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21 removed from the poultry feeding operation, and
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22 b. the poultry feeding operation shall make available to
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23 the recipient any nutrient sample analysis of the
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24 poultry waste from that year;
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 1 8. Any analysis required by the provisions of the Oklahoma
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2 Registered Poultry Feeding Operations Act or rules promulgated
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3 thereto shall be performed by a qualified environmental testing
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4 laboratory certified by the Department of Environmental Quality and
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5 approved by the Oklahoma Department of Agriculture, Food, and
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6 Forestry; and
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7 9. Such other information deemed necessary by the Oklahoma
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8 Department of Agriculture, Food, and Forestry to administer the
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9 provisions of the Oklahoma Registered Poultry Feeding Operations Act
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10 and rules promulgated pursuant thereto.
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11 D. 1. The Nutrient Management Plan for new or expanding
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12 poultry feeding operations submitted after July 1, 1998, shall be
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13 prepared by the operator or designee of the operator.
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14 2. After the plan is submitted to the Oklahoma Department of
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15 Agriculture, Food, and Forestry for review and approval if the
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16 Department determines that a submitted plan needs or requires any
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17 corrections or modifications, the Department shall return the
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18 Nutrient Management Plan to the operator for corrections.
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19 3. For a renewal, if the Department determines the Nutrient
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20 Management Plan needs or requires corrections or modifications, the
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21 Department shall make appropriate corrections, approve the plan and
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22 notify the poultry feeding operation of the modifications.
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23 E. 1. Except as otherwise provided in this subsection, a
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24 Nutrient Management Plan for every poultry feeding operation shall
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 1 be renewed and an updated plan shall be submitted to the Oklahoma
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2 Department of Agriculture, Food, and Forestry every six (6) years
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3 from the date the initial or previous plan was submitted.
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4 2. The operator shall have the option to submit the renewed or
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5 updated plan through the Department's website or a printable online
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6 form designed by the Department.
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7 3. A current operator may submit a one-page amendment to the
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8 most recently submitted plan in lieu of a renewal plan through the
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9 Department's website, if applicable. Poultry feeding operations
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10 submitting an amendment pursuant to this subsection shall still be
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11 subject to the soil and poultry waste testing requirements under
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12 subsections F and G of this section. The amendment shall contain
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13 the following statements:
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14 a. no changes in the Department's promulgated standards
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15 for land application of poultry waste have occurred
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16 since the most recently submitted Nutrient Management
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17 Plan,
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18 b. there has been no change to the number of poultry
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19 housed since the most recently submitted Nutrient
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20 Management Plan,
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21 c. there has been no expansion in the poultry feeding
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22 operation since the most recently submitted Nutrient
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23 Management Plan, and
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24 d. the entirety of the poultry waste is:
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 1 (1) removed off-site as provided in the poultry
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2 feeding operation's annual report, as required by
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3 subsection J of this section, and will continue
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4 to be removed off-site for the next six (6)
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5 years, or
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6 (2) land-applied and will continue to be land-applied
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7 for the next six (6) years.
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8 F. Every poultry feeding operation located in a non-nutrient-
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9 limited watershed and non-nutrient-vulnerable groundwaters shall
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10 perform soil testing on each land-application area and poultry waste
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11 testing at least once every three (3) years to determine:
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12 1. Soil pH and plant-available nutrients including, at a
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13 minimum, nitrogen, phosphorous and potassium;
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14 2. Poultry waste nutrient concentrations and moisture; and
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15 3. Application rate based upon the Department's standards for
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16 land application for poultry waste as promulgated by rules.
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17 G. Every poultry feeding operation located in a nutrient-
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18 limited watershed and nutrient-vulnerable groundwater shall perform
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19 an annual soil test on each land-application area prior to the first
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20 application of the calendar year. Poultry waste testing shall be
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21 performed annually prior to the first application of the calendar
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22 year. Soil and poultry waste testing shall be performed to
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23 determine:
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 1 1. Soil pH and plant-available nutrients including at least
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2 nitrogen, phosphorous and potassium;
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3 2. Poultry waste nutrient concentrations and moisture; and
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4 3. Application rate based upon the Department's standards for
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5 land application of poultry waste as promulgated by rules.
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6 H. 1. Soil and poultry waste analysis data shall be retained
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7 by the poultry feeding operation for a minimum of six (6) years.
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8 2. All soil and poultry waste analysis data shall be dated
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9 prior to land application.
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10 I. 1. Poultry feeding operations shall develop a plan for the
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11 disposal of carcasses associated with normal mortality.
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12 2. In the event there is an outbreak of a major disease or
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13 other emergency resulting in deaths significantly higher than normal
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14 mortality rates, the Oklahoma Department of Agriculture, Food, and
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15 Forestry may approve, in writing, an alternate method of disposal of
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16 carcasses or the storage of poultry waste during the emergency
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17 period.
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18 J. Every poultry feeding operation shall file by September 1 of
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19 each year an annual report with the Department regarding all poultry
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20 waste removed from or land-applied by the facility for the period
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21 from July 1 of the previous year through June 30 of that year. The
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22 report shall contain the following information:
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23 1. The date and amount of poultry waste removed from or land-
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24 applied at the facility;
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 1 2. The type of poultry waste removed or land-applied, whether a
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2 cake out, full clean out, in-house windrow or compost, poultry waste
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3 stack shed, or other type;
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4 3. The county and, if applicable, the name of the Nutrient
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5 Limited Watershed where the poultry waste was produced; and
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6 4. The location where the poultry waste is removed to:
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7 a. if land-applied on-site, provide the following:
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8 (1) the date of the land application,
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9 (2) the total amount of poultry waste land-applied in
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10 wet tons, dry tons, or cubic yards,
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11 (3) the name, mailing address, and telephone number
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12 of the poultry waste applicator, and
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13 (4) the number of acres under the control of the
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14 poultry feeding operation for land application of
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15 poultry waste, or
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16 b. if removed off-site, provide the following:
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17 (1) the date of the removal off-site,
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18 (2) the amount of poultry waste removed in wet tons,
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19 dry tons, or cubic yards,
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20 (3) the name, mailing address, and telephone number
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21 of the person the poultry waste is sold or
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22 transferred to,
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 1 (4) the name, mailing address, telephone number, and
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2 poultry waste applicator license number of the
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3 poultry waste applicator, if known, and
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