Proposal will address problem at core of Arkansas-Oklahoma dispute

Thursday, January 16th 2003, 12:00 am

By: News On 6

LITTLE ROCK (AP) _ The head of the Arkansas Soil and Water Conservation Commission says legislation his agency will propose will go beyond even what Oklahoma requires in regulating how commercial fertilizer and poultry litter is used.

State environmental regulators disclosed details Wednesday of the proposals. The measures grew out of sometimes difficult talks between Arkansas and Oklahoma officials over limits on phosphorus. Phosphorus is found in poultry waste and is degrading waterways in Arkansas, Oklahoma and Missouri.

Oklahoma officials claim that poultry waste generated in Arkansas is ruining some of their state's most scenic rivers. They have threatened to sue unless Arkansas officials can reduce the phosphorus in the states' shared waters.

Officials with the Arkansas Soil and Water Conservation Commission say their legislative agenda will help do just that.

``It's my feeling that this establishes a more effective program than even what they (Oklahomans) have because it addresses all nutrients, not just poultry litter,'' said Randy Young, the commission's executive director.

Oklahoma officials said it would be premature to comment on the legislation, since they hadn't reviewed it.

Both the Poultry Federation of Arkansas and the Arkansas Farm Bureau have seen initial versions of the legislation and have no major disagreements, Young said.

``We've been told it's a go,'' he said.

The draft legislation consists of three bills for which Young's agency is seeking a sponsor.

One would set up a system to track how much poultry litter is produced and where it is used. The bill would require poultry growers with more than 2,500 birds to register with the conservation agency. The growers would be asked how they store their litter and what they intend to do with it.

State officials say they now have a hard time tracking poultry litter produced in Arkansas.

``We've been implementing a registration system since 1992, but it's been on a voluntary basis,'' Young said.

Bruce Tencleve, coordinator of the Farm Bureau's poultry division, said the mandatory registration system won't have a huge impact on growers, since many of them disclose the information already.

Another measure would limit the use of poultry litter and other nutrients as fertilizer in areas of the state where the pollutants jeopardize watersheds.

``While other states have some form of registration system, this is pretty unique,'' Young said. He said Arkansas might become the only state to regulate nutrients in defined areas.

The proposal would give the commission the authority to designate ``nutrient surplus areas'' in which landowners with more than 5 acres could not apply commercial fertilizer or poultry litter unless they follow commission rules.

Poultry feed operations in such areas would have to develop and carry out a litter management plan acceptable to the commission.

Only state-certified individuals can develop these plans. The commission's third piece of proposed legislation would set up the certification system.

Violation of rules could result in fines up to $5,000 per day, according to the draft legislation.