As used in this part:

1. (1) “Administrative consent order” means a legal agreement signed by:

   1. (A) The Director of the Arkansas Natural Resources Commission; and
   2. (B) A certified nutrient planner;

2. (2)

   1. (A)

      1. (i) “Arkansas Phosphorus Index” means the risk-based assessment tool referenced in nutrient management plans developed to govern the terms and conditions under which nutrients may be land-applied.
      2. (ii) See P. A. Moore, A. N. Sharpley, W. Delp, B. Haggard, T. Daniel, K. VanDevender, A. Baber, and M. Daniels, The Revised Phosphorus Index (2009).
   2. (B) Any nutrient management plan drafted or revised pursuant to the Arkansas Phosphorus Index effective at the time of its drafting or revision will not be deemed out of compliance for failure to use the current index until five (5) years have passed since the plan was drafted or revised.
   3. (C) However, any updates to that nutrient management plan within that five-year period must be conducted in compliance with the index effective at the time of update;
3. (3) “Certified nutrient planner” means a person who has been certified by the Arkansas Natural Resources Commission as competent to develop nutrient management plans;
4. (4) “Commission” means the Arkansas Natural Resources Commission as described in Arkansas Code § 15-20-201 et seq.;
5. (5) “Conservation district” means a district created under the Conservation Districts Law, Arkansas Code § 14-125-101 et seq.;
6. (6) “Delegate” means a person or entity appointed by the Director of the Arkansas Natural Resources Commission to function in a specific capacity in furtherance of this program and may be another agency, commission, organization, or company, whether public or private;
7. (7) “Director” means the Director of the Arkansas Natural Resources Commission;

8. (8) “Litter” means byproducts associated with the confinement of livestock, including:

   1. (A) Excrement;
   2. (B) Feed wastes;
   3. (C) Bedding materials;
   4. (D) Composted carcasses; and
   5. (E) Any combinations thereof;

9. (9) "Livestock" means animals kept or raised for use or pleasure, especially farm animals kept for use and profit, including:

   1. (A) Horses;
   2. (B) Cattle;
   3. (C) Swine; and
   4. (D) Poultry;

10. (10)

    1. (A) “Nutrient” means a substance or recognized plant nutrient, element, or compound which is used or sold for its:

       1. (i) Plant nutritive content; or
       2. (ii) Claimed nutritive value.

    2. (B) The term includes substances found in, but is not limited to:

       1. (i) Litter;
       2. (ii) Compost as fertilizer;
       3. (iii) Commercially manufactured chemical or organic fertilizers;
       4. (iv) Sewage sludge; or
       5. (v) Combinations thereof;
11. (11) “Nutrient management plan” means a documented record of how nutrients will be managed on a nutrient management unit prepared in accordance with United States Natural Resources Conservation Service conservation practice standards for Arkansas to guide and assist landowners and operators in the use of fertilizers, litter, sewage sludges, compost, and other nutrient sources for soil fertility and protection of the waters within the state;

12. (12) “Poultry” means:

    1. (A) Chickens;
    2. (B) Turkeys;
    3. (C) Ducks;
    4. (D) Geese; and
    5. (E) Any other domesticated birds;
13. (13) “Returning military veteran” means a former member of the United States Armed Forces who was discharged from active duty under circumstances other than dishonorable; and

14. (14)

    1. (A) “Warning letter” means a written description signed by the Director of the Arkansas Natural Resources Commission of:

       1. (i) A violation of this part; and
       2. (ii) The necessary corrective action.

    2. (B) A warning letter:

       1. (i) Cannot be used to assess civil penalties;
       2. (ii) Is not appealable to the Arkansas Natural Resources Commission; and
       3. (iii) Is not final agency action.