Okla. Stat. tit. 2, § 2-10-9.7

management plans - Soil testing - Carcass disposal plan.

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. Compliance with a Nutrient

Management Plan developed under subsections B and C of this section

shall be deemed compliant with Best Management Practices.

B. Best Management Practices shall be promulgated by rules by

the Board and shall include, but not be limited to, the following

when developing Nutrient Management Plans:

1. Measures designed to prevent the discharge of poultry waste

to waters of the state;

2. Measures requiring stored poultry waste shall be isolated

from outside surface drainage by covers, ditches, dikes, berms,

terraces, or other such structures;

3. Measures designed to prevent waters of the state from coming

into direct contact with the poultry confined on the poultry feeding

operation; and

4. Measures designed to ensure that 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;

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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 evidence that

the Nutrient Management Plan requires revisions.

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;
and rates. Discharge or runoff

of waste from the application site is evidence that

the Nutrient Management Plan requires revisions.

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 of the

poultry waste from that year;

8. Any analysis required by the provisions of the Oklahoma

Registered Poultry Feeding Operations Act or rules promulgated

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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 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 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 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:

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he 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:

Oklahoma Statutes - Title 2. Agriculture Page 466

(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 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 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;

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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,
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.