Poultry Waste Control Measure Clears House

Poultry feeding operations, waste utilization businesses and nutrient management units would be legally required to adhere to the terms of a 2003 agreement between the City of Tulsa and the poultry industry under legislation approved by the House today.

House Bill 1490, by Rep. Dan Sullivan, (pictured) creates the Eucha-Spavinaw Nutrient Management Act. The bill incorporates the provisions of the state's settlement agreement (between the poultry industry and the City of Tulsa) into state law.

"I believe we can have clean water in Northeastern Oklahoma and have a thriving poultry industry at the same time," said Sullivan, R-Tulsa. "The work that has been put into this bill demonstrates that two groups with widely divergent views can come together and develop a workable solution that meets the needs of all concerned."

The bill would prevent the City of Tulsa from having to undergo any additional legal expenses to enforce the settlement agreement. If violations do occur, the law would provide the city injunctive relief to stop the problem until a determination has been made as to the nature or extent of the violation.

The legislation also makes the settlement agreement apply to any individuals or businesses that move into the watershed who were not parties to the original agreement. The city filed a lawsuit in December 2001 claiming the poultry defendants were responsible for 170 million pounds of phosphorus and nitrogen-rich chicken waste that goes into the city watershed each year through creeks and streams that flow into Lake Eucha, which in turn feeds Lake Spavinaw.

Lake Spavinaw is one of two drinking water sources for Tulsa; the other is Lake Oologah. The sides agreed to settle the case on the day the trial was scheduled to begin.

The agreement requires those businesses to implement a nutrient management plan for reducing poultry litter accumulating in Oklahoma watersheds. The poultry defendants and their growers cannot apply poultry litter to land in the watershed until they receive their nutrient management plans.

The settlement called for a phosphorus-risk index to govern the conditions under which animal waste or fertilizer may be applied to land in the watershed. The Eucha-Spavinaw Phosphorus Index (ESPI) was developed by a team from Oklahoma State University and the University of Arkansas and adopted by the court in February 2004.

House Bill 1490 passed the Oklahoma House of Representatives on a 98-1 vote on Thursday. The bill now proceeds to the state Senate for consideration.

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