Ag interests ponder ruling of litter as solid waste

Oklahoma City-Agriculture interests are pondering the ruling earlier this month by a U.S. district court judge that poultry litter may be considered a solid waste if applied in excessive amounts on fields as fertilizer. The decision by U.S. District Judge Gregory Frizzell came in a suit by Oklahoma Atty. Gen. Drew Edmondson against 12 poultry companies claiming that they are legally responsible for the handling and disposal of poultry waste that has damaged portions of the Illinois River watershed. Frizzell’s Aug. 13 decision is considered significant because it comes just prior to a scheduled Sept. 21 trial date. “The ruling is important in that it demonstrates that the defendants can be held responsible for the over-application runoff and leaching that endangers human health and the environment,” Charlie Price, a spokesman for Edmondson, commented. The state has claimed that poultry waste is a solid waste and thus subject to federal law barring illegal disposal, while the poultry industry challenges the use of that federal law, insisting that poultry litter cannot be classified as a solid waste. “Poultry litter is a widely utilized fertilizer, which provides soil nutrients, increases crop yields and outperforms commercial fertilizers,” attorneys for the poultry industry wrote in a court filing. Oklahoma Farm Bureau President Mike Spradling indicated the ruling is under scrutiny by his members and others in the agriculture community. “At this time, all we can say is that we believe poultry litter and animal manure are being applied beneficially to crops all across the United States,” Spradling remarked. “Poultry litter and animal manure contain beneficial nutrients and organic matter that enhance the soil. We do not believe they are solid waste.”