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SENATE FLOOR VERSION
March 29, 2021
ENGROSSED HOUSE
BILL NO. 1631 By: Hardin (David) and Dills of
the House
and
Murdock and Stephens of the
Senate
An Act relating to agriculture; amending 2 O.S. 2011,
Section 10-9.7, as last amended b y Section 5, Chapter
313, O.S.L. 2015 (2 O.S. Supp. 2020 , Section 10-9.7),
which relates to the Oklahoma Registered Poultry
Feeding Operations Act; requiring Nutrient Management
Plans to be prepared by certain persons; allowing
certain plan corrections or modifications; providing
plan renewal period; providing exception to renewals;
and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2011, Section 10 -9.7, as
last amended by Section 5, Chapter 313, O.S.L. 2015 (2 O.S. Supp.
2020, 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 S tate Board of Agriculture pursuant to the
Oklahoma Registered Poultry Feeding Operations Act.
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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 o ther such
structures;
3. No waters of the state shall come into direct contac t 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 hea lth 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 pursu ant
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
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not be limited to allowing a contract poultry gr ower 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 t o prevent pollution from stored poultry waste.
C. Every poultry feeding opera tion 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 equi pment to be used;
2. The calculations and assumptions used for determining la nd-
application rates if land application is applicable ;
3. All nutrient analysis data , for soil and poultry waste
testing;
4. Legal description of lands to be used by an operat ion for
land-application land application;
5. Land-application rates of poult ry 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
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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, ass uming
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 b y 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
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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 E nvironmental 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 Regi stered 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 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 may promulgate rules providing
voluntary fees charged to register ed for review and approval if the
Department determines that a submitted plan needs or requires any
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corrections or modifications, the Department shall return the
Nutrient Management Plan to the operator for corrections.
3. For a renewal, if the Departme nt determines the Nutrient
Management Plan needs or requires corrections or mo dification, the
Department shall make any and all appropriate corrections, approve
the plan and notify the poultry feeding operations for the
development and writing of Nutrient Management Plans; 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 su bsection shall still be
subject to the soil and poultry waste testing requirem ents under
subsections F and G of this section. The amendment shall contain
the following statements:
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a. no changes in the waste utilization standards have
occurred since the mo st 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 i s:
(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 th e 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 o n each land-application area and poultry waste
testing at least once every thr ee (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 m oisture; and
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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.
F. G. Every poultry feeding operation located in a nutrient -
limited watershed an d 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 shal l 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 cu rrent United States Department
of Agriculture Natural Resources Conservation Service Waste
Utilization Standards, unless the Oklahoma Department of
Agriculture, Food, and Forestr y approves other standards.
G. H. 1. Soil and poultry waste analysis data sh all 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.
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H. 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.
I. 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 th e 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 land
application,
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(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
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.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND WILDLIFE
March 29, 2021 - DO PASS