(a)

1. (1) Any person seeking a poultry litter management plan should:

   1. (A) Contact the local conservation district; and
   2. (B) Request information on how to obtain a plan.
2. (2) The person seeking a poultry litter management plan may also contact third parties who have obtained certification from the Arkansas Natural Resources Commission to develop plans.

(b)

1. (1) A certified planner will:

   1. (A) Certify by his or her signature that each plan he or she drafts meets all applicable standards;
   2. (B) Provide a copy to the owner for review; and
   3. (C) Provide a copy of each drafted plan to the conservation district where a majority of the facility is located.

2. (2)

   1. (A) The conservation district board will review each plan to determine whether it meets all applicable standards.
   2. (B) If the standards are met, the conservation district shall:

(i) Approve the plan; and

1. (ii) Retain one (1) copy.

   1. (C) If the conservation district board does not approve a plan, it shall provide the owner written notice of:

      1. (i) The denial; and
      2. (ii) Its basis.
      3. (c)
2. (1) An owner may appeal a conservation district denial of plan approval or any provision of a certified and approved nutrient management plan within ninety (90) days by applying in writing to the Director of the Arkansas Natural Resources Commission.
3. (2) The owner must follow the plan during the appeal process.

4. (3) The director will consider appeals only when the owner asserts that:

   1. (A) The applicable standards were not followed in drafting the plan; or
   2. (B) A conservation district failed to approve a plan that meets those standards.

5. (4) The director may:

   1. (A) Deny the appeal;
   2. (B) Modify the plan; or
   3. (C) Approve the plan.

6. (5)

   1. (A) The owner may appeal an unfavorable decision to the full commission upon written application within thirty (30) days.

   2. (B) The commission’s decision may be appealed as provided in 15 CAR § 6-604.

      1. (d) Any plan obtained by a person prior to the effective date of this part meets the requirements of this part if the plan was developed using the Arkansas Phosphorus Index.