As used in this part:

1. (1) “Administrative consent order” means a legal agreement signed by the Director of the Arkansas Natural Resources Commission and a certified nutrient applicator;
2. (2) “Certified nutrient applicator” means a person who has been certified by the Arkansas Natural Resources Commission as competent to apply nutrients to land and includes certified commercial applicators and certified private applicators;
3. (3) “Commission” means the Arkansas Natural Resources Commission as described in Arkansas Code § 15-20-201 et seq.;
4. (4) “Conservation district” means a district created under the Conservation Districts Law, Arkansas Code § 14-125-101 et seq.;
5. (5) “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;
6. (6) “Director” means the Director of the Arkansas Natural Resources Commission;

7. (7) “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 other combinations thereof;

8. (8) “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;

9. (9)

   1. (A) “Nutrient” means a substance or recognized plant nutrient, element, or compound that 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;
10. (10) “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;
11. (11) “Nutrient surplus area” means a defined geographic area declared by Arkansas Code § 15-20-1104 that has been determined to be an area in which the soil concentration of one (1) or more nutrients is so high or the physical characteristics of the soil or area is such that continued application of the nutrient to the soil could negatively impact soil fertility and 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.