The judge seems to agree with the state on one issue in its quest to stop the use of poultry waste in the Illinois River watershed.

State officials appear to have won a key point in their effort to obtain a moratorium on the application of poultry litter in the Illinois River watershed.

U.S. District Judge Gregory Frizzell, during informal comments at a hearing Monday, appeared to side with the state's contention that poultry litter should be classified as solid waste under federal law.

"It does appear, frankly, under the current state of the law, that this is waste," Frizzell said.

The poultry industry has argued that the state's request for a moratorium should be denied, claiming, in part, that animal manure used as a fertilizer or soil amendment is not a solid waste as defined by federal law.

The state's request for a preliminary injunction "must be denied on this basis alone," the poultry industry has argued in court filings.

Oklahoma Attorney General Drew Edmondson said he was pleased that the judge appeared to agree with the state that poultry litter should be classified as solid waste.

Whether someone else can find a use for the litter is not relevant to the state's case, Edmondson said.

State officials will have to clear several other legal hurdles to convince Frizzell that he should halt the application of poultry litter to land in the watershed, which includes more

Testimony Monday included descriptions of how much control the poultry companies -- defendants in a lawsuit filed by the Attorney General's Office -- have over individual poultry farmers and the effect a moratorium would have on those businesses.

Arkansas poultry grower and cattle rancher Randy Robinson testified that he decides how much poultry litter to keep for fertilizer and how much to sell.

Robinson said he applies the litter at rates dictated by the state of Arkansas. He described the look of litter that has been spread on pasture as like a "real light snow."

Without poultry litter, he would not be able to grow as many crops for his cattle, which in turn would mean that he would have to raise fewer cattle, he said.

Asked how a moratorium would affect his business, Robinson replied, "I'd just make less money."

Robinson also said he has obtained drinking water from wells on his property for the last 20 years.

He "seldom, if ever," has had any gastrointestinal diseases from drinking water from his wells, he said.

State officials contend that the amount of fecal bacteria in Illinois River water shed surface water and groundwater presents an "imminent and substantial" threat.

Dr. Robert S. Lawrence, founder and director of the Center for a Livable Future at Johns Hopkins University, testified Monday as the state's last witness.

Lawrence said he reviewed materials supplied to him by the state of Oklahoma on the use of poultry litter in the watershed.

He said it is clear, based on the materials he reviewed, that there is a "real and present danger" to the health of the people in the watershed as a result of excessive land application of poultry litter.

Septic tanks would be a "minor potential contributor" to health problems compared with the amount of poultry waste that is applied in the watershed, Lawrence said.

A moratorium on the application of poultry litter would not "totally eliminate" the problem but would reduce the threat, he testified.

The hearing on the moratorium request is expected to continue through Wednesday.

Curtis Killman 581-8471
curtis.killman@tulsaworld.com