(a)

1. (1) Except as provided in subsection (g) of this section, no person shall apply nutrients to soils or associated crops within a nutrient surplus area unless nutrients are applied:

   1. (A) In compliance with a nutrient management plan or a poultry litter management plan prepared by a certified nutrient planner; or
   2. (B) At the protective rate for commercial fertilizers set forth in 15 CAR § 6-205.

2. (2) Any person applying nutrients from poultry litter to soils or associated crops within a nutrient surplus area must apply in compliance with a:

   1. (A) Nutrient management plan; or
   2. (B) Poultry litter management plan.
3. (3) After a soil test with nutrient application recommendations is obtained for lands within a nutrient surplus area, a person may apply commercial fertilizer in compliance with the protective rate.
4. (4) The protective rate as indicated by the soil test shall constitute a permit to apply nutrients consistent with that rate.

(b) Except as provided in subsection (g) of this section, no owner or operator of land within a nutrient surplus area shall allow nutrient application to soils or associated crops on that land unless the nutrients are applied:

1. (1) In compliance with a nutrient management plan or a poultry litter management plan; or
2. (2) At the protective rate.

(c) It shall be unlawful for any person to apply nutrients to soils or associated crops within a nutrient surplus area unless the nutrient application is done in compliance with the time, place, and manner restrictions:

1. (1) Determined necessary by the Arkansas Natural Resources Commission; and
2. (2) Set forth in 15 CAR § 6-204.

(f)

1. (1) Except as provided in subsection (g) of this section, nutrient application within a nutrient surplus area shall be documented in records maintained by the nutrient applicator and the owner or operator of the land where nutrient application is made, in sufficient detail to demonstrate that the nutrient application was conducted in compliance with this part.

2. (2) Such records shall be:

   1. (A) Maintained for a minimum of five (5) years or for such longer period of time as may be required by an approved nutrient management plan; and
   2. (B) Available for inspection by the commission or conservation district employees upon request.
3. (3) Records maintained by commercial fertilizer distributors or applicators may be relied upon to meet this requirement.

(g)

1. (1) Nutrient application within a nutrient surplus area on residential lands of two and one-half (2.5) acres or less (“residential nutrient application”) shall be applied at a rate not to exceed the protective rate set forth in 15 CAR § 6-205 and in compliance with:

   1. (A) The time, place, and manner restrictions set forth in 15 CAR § 6-204; or
   2. (B) An approved nutrient management plan.
2. (2) A nutrient management plan is not required for residential nutrient application as defined in this subsection but may be voluntarily obtained.

3. (3) The landowner or resident making a residential nutrient application, as defined in this subsection, is not required to be a certified nutrient applicator, but is required to maintain documentation of each nutrient application for a minimum of five (5) years sufficient to demonstrate compliance with the time, place, and manner restrictions in 15 CAR § 6-204 and either:

   1. (A) The protective rate requirements in 15 CAR § 6-205; or
   2. (B) An approved nutrient management plan.