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:
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 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:
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:
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.
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:
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.
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.
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:
Added by Laws 1998, c. 232, § 7, eff. July 1, 1998. Amended by Laws 2012, c. 79, § 2, eff. Nov. 1, 2012; Laws 2015, c. 313, § 5, eff. July 1, 2015; Laws 2021, c. 32, § 1, emerg. eff. April 19, 2021.