73R8270 MI-F
By Chisum H.B. No. 2634
Substitute the following for H.B. No. 2634:
By Counts C.S.H.B. No. 2634
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to restrictions on concentrated animal feeding operations
1-3 to protect waters of the state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 26, Water Code, is amended
1-6 by adding Section 26.048 to read as follows:
1-7 Sec. 26.048. PROHIBITION OF DISCHARGE TO A PLAYA FROM A
1-8 CONCENTRATED ANIMAL FEEDING OPERATION. (a) Except as provided by
1-9 Subsections (b) and (c) of this section, the commission may adopt
1-10 rules under this section to prohibit:
1-11 (1) the discharge of agricultural waste from a
1-12 concentrated animal feeding operation into a playa; or
1-13 (2) the use of a playa as a wastewater retention
1-14 facility for agricultural waste.
1-15 (b) A concentrated animal feeding operation authorized to
1-16 discharge agricultural waste into a playa or to use a playa as a
1-17 wastewater retention facility for agricultural waste under this
1-18 chapter before the adoption of rules under this section may
1-19 continue that discharge into the playa or use of the playa for the
1-20 retention of agricultural waste after the adoption of those rules.
1-21 The operator of a concentrated animal feeding operation that uses a
1-22 playa as a wastewater retention facility annually shall collect a
1-23 water sample from each well providing water for the facility and
2-1 shall have the sample analyzed for chlorides and nitrates. The
2-2 operator shall provide copies of the analysis to the commission.
2-3 If the results of an analysis when compared with analysis of water
2-4 collected at an earlier date from the same well indicate a
2-5 significant increase in the levels of chlorides or nitrates, the
2-6 commission shall require that an investigation be made to determine
2-7 the source of the contamination. If it is determined that
2-8 contamination is occurring as a result of use of the playa as a
2-9 retention facility for the waste from the concentrated feeding
2-10 operation, the commission shall require action to correct the
2-11 problem.
2-12 (c) The authorization for a concentrated animal feeding
2-13 operation to use a playa for agricultural waste discharge or
2-14 retention under Subsection (b) of this section is not affected by
2-15 the expansion of a concentrated animal feeding operation, a permit
2-16 amendment, permit renewal, transfer of ownership or operation of a
2-17 concentrated animal feeding operation, or by a suspension for not
2-18 more than five years of operations at a concentrated animal feeding
2-19 operation.
2-20 (d) Subsections (b) and (c) of this section do not restrict
2-21 the application of commission rules that regulate concentrated
2-22 animal feeding operations for the purpose of protecting water
2-23 quality and that are not in conflict with those subsections.
2-24 (e) As used in this section:
2-25 (1) "Concentrated animal feeding operation" means a
3-1 concentrated, confined livestock or poultry facility that is
3-2 operated for meat, milk, or egg production or for growing,
3-3 stabling, or housing livestock or poultry in pens or houses, in
3-4 which livestock or poultry are fed at the place of confinement and
3-5 crop or forage growth or feed is not produced in the confinement
3-6 area.
3-7 (2) "Playa" means a flat-floored, clayey bottom of an
3-8 undrained basin that is located in an arid or semi-arid part of the
3-9 state, is naturally dry most of the year, and collects runoff from
3-10 rain but is subject to rapid evaporation.
3-11 SECTION 2. This Act takes effect September 1, 1993.
3-12 SECTION 3. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.