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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 2983 By: Hardin (David)
AS INTRODUCED
An Act relating to agriculture; amending 2 O.S. 2021,
Section 10-9.7, which relates to the Oklahoma
Registered Poultry Feeding Op erations Act; requiring
Nutrient Management Plans to conform to the 2007
version of Code 590 of the United States Department
of Agriculture Natural Resources Conservation Service
Waste Utilization Standards ; requiring nutrient
application rates to conform to the 2007 version of
Code 590 of the United S tates Department of
Agriculture Natural Resources Conservation Service
Waste Utilization Standards ; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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.
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B. The criteria for Best Management Practices shall be
promulgated by rules by the Board and shall include, bu t 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 sha ll 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 wa ters 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 a nd 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 b ut
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not be limited to allo wing 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 st ored poultry waste.
C. Every poultry feeding operation shall have a Nutrient
Management Plan based on the 2007 version of Code 590 of the United
States Department of Agriculture Natural Resources Conservation
Service Waste Utilization Standards, unless th e Oklahoma Department
of Agriculture, Food, and Forestry approves other standards , 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 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;
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6. The procedures documented in the Nutrient Managem ent 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 Fo restry 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 app lied 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, expec ted 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:
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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 shall be prepared by the operator or designee of the
operator.
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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 modificat ions, 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 s hall
be renewed and an up dated 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 t he 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, i f applicable. Poultry fe eding operations
submitting an amendment pursuant to thi s subsection shall still be
subject to the soil and poultry waste testing requirements under
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subsections F and G of this section. The amendment shall contain
the following statements:
a. no changes in the waste utilization standards 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 expansi on in the poultry feeding
operation since the most recen tly 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 requ ired 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:
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1. Soil pH and plant-available nutrients including, at a
minimum, nitrogen, phosphorous an d potassium;
2. Poultry waste nutrient concentrations a nd moisture; and
3. Application rate based upon current the 2007 version of Code
590 of the United States Department of A griculture Natural Resources
Conservation Service Waste Utilization Standards, unless the
Oklahoma Department of Agriculture, Food, an d Forestry approves
other standards.
G. Every poultry feeding operation located in a nutrient -
limited watershed and nutri ent-vulnerable groundwater shall perform
an annual soil test on each land -application area prior to the first
application of the calen dar 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 the 2007 version of Code
590 of the United States Department of Agriculture Nat ural Resources
Conservation Service Waste Utilization St andards, unless the
Oklahoma Department of Agriculture, Food, and Forestry approves
other standards.
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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 wa ste analysis data shall be dated
prior to land application.
I. 1. Poultry feeding operations shall develop a plan for th e
disposal of carcasses associated with normal mortality.
2. In the event the re 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 regard ing all poultry
waste removed from or land -applied by the facility for the per iod
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 l and-
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
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4. The location where t he 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 applicato r license number of the
poultry waste applicator, if kno wn, 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, hea lth 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.
58-2-8438 JL 11/02/21