HB 4118 revamp may strengthen water protection work, some say

Feb. 26—House Bill 4118 was purportedly written to tighten the rules in best management practices on the discharge of poultry waste into the state's waters, but local water protection advocates fear it will worsen pollution.

The bill, according to the summary on Feb. 26, states an amendment modifies the best management practices by declaring the practices are designed to prevent poultry waste from coming into contact with waters of the state. If contact occurs from a waste application site, the poultry producer's Nutrient Management Plan requires revisions. The measure grants legal immunity to poultry contractors and their employees whose NMPs are in compliance with a state-approvedplan, states the summary of the bill.

Longtime Save The Illinois River board member Nancy M. Garber said there's no question that HB 4118 is a bad deal for Oklahoma.

"The proposed reduction of legal liabilities of poultry operations is in direct opposition to efforts by [STIR], founded 40 years ago this month, and other state organizations to protect clean water," Garber said.

Garber said water is the key to sustaining life, and those who fail to meet clean water standards must be held accountable.

"I've no doubt that, in their hearts, the lawmakers who are pushing for passage of HB 4118 know it runs counter to the health and well-being of Oklahoma citizens today and future generations. Local citizens need to persist in urging state senators to vote 'no' on HB 4118," Garber said.

State Rep. David Hardin, R-District 6, is a key author of the bill. He says he understands concerns about poultry producers polluting creeks, lakes and rivers.

"I live here. We float the river — my kids and grandkids float the river. But if you are following the approved NMP, you are exempt from lawsuits," Hardin said.

Before the revision, the measure stated that no poultry waste shall be released into the waters of the state, but it didn't address the Oklahoma Department of Agriculture Food and Forestry's NMP, Hardin said.

"Well, that is true; you can't [release poultry waste into water]. But when [that bill didn't] mention the nutrient management plan, that puts ODAF in a position where they may not have the authority to suspend the NMP," Hardin said.

If a producer is following the NMP to the letter — what the state of Oklahoma says farmers must do to stay in business — they are exempt from criminal and civil liability, said Hardin.

Lee Benson, public information officer for the Oklahoma Department of Agriculture Food and Forestry, outlined the process for a producer to get a NMP.

"A producer needs to find an entity that writes NMP plans, and a producer can reach out to the Natural Resources Conservation Service for assistance. Submit it to ODAF, and ODAF either approves the plan, or if needs modification or correction, it is sent back to the producer for corrections. Once corrections are made a NMP is good for six years. Each facility is inspected once a year. If any complaints are made, it will be investigated by ODAF. It ensures that best practices for poultry facilities are used," Benson said.

The former version of this law stated no waters of the states shall come into direct contact with poultry feeding operations. The revision says that each NMP shall contain measures designed to prevent waters of the state from coming into direct contact with a poultry feeding operations, Hardin said.

"I've asked the Secretary of Agriculture Blayne Archer to put in her budget to request more money to double the staff of the poultry inspectors," Hardin said.

The NMP, according to the bill, requires a description of poultry waste handling procedures and availability and type of equipment used; calculations on application rates; nutrient analysis data for soil and poultry waste testing; and the legal descriptions of land area. It also states that the application of waste litter on fields should be based upon the nitrogen and phosphorous content in the waste and provide controls for runoffs and erosion.

Soil and litter tests must be done annually and prior to the first application of chicken litter on a field of the calendar year, states the bill.

"The majority of poultry litter is exported out. There's some that stays here. If you or a neighbor wants to spread litter you have to have a litter analysis. That analysis will stay wherever it goes — on the land, to the buyer of litter, etc.," Hardin said. "If pastures are fenced off then [samples from] each pasture has to be sent off."

The soil and litter samples are tested by the Oklahoma State University Extension Office and the Department of Agriculture will determine if poultry waste can be spread on a farmer's land, based upon those results.

The Oklahoma Farm Bureau has put out a plea for voters to send letters to their representatives to vote "yes" on HB 4118.

"[It] will ensure liability protection for poultry growers who are in compliance with approved nutrient management plans, that farmers who raise poultry are responsible for the management of poultry litter," states the letter.

Hardin is also running Senate Bill 1398 on the House side to do a study on Spring Creek for its preservation.

"We want to make sure it's a pristine waterway and it stays that way," Hardin said.

Learn more

To learn more about Oklahoma Cooperative's Poultry Litter Nutrient Management: A Guide for Producers and Applicators, visit: extension.okstate.edu/fact-sheets/print-publications/e/poultry-litter-nutrient-management-a-guide-for-producers-and-applicators-e-1027.pdf.