By Ratliff S.B. No. 1910
75R9889 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposal and handling of poultry and poultry
1-3 litter.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Amend Chapter 26, Water Code, by adding a new
1-6 subchapter H to read as follows:
1-7 SUBCHAPTER H. POULTRY OPERATIONS
1-8 Sec. 26.275. DEFINITIONS. In this subchapter: (a)
1-9 "Average daily basis" means the arithmetic mean for the number of
1-10 animals in a feedlot operation during any period of 90 consecutive
1-11 days (e.g. the total number of animals on the premises added daily
1-12 for a 90 consecutive day period divided by 90).
1-13 (b) "Commission" means the Texas Natural Resource
1-14 Conservation Commission.
1-15 (c) "Executive Director" means the executive director of the
1-16 Texas Natural Resource Conservation Commission.
1-17 (d) "Feedlot/concentrated animal feeding operation" means a
1-18 concentrated, confined poultry facility operated for meat or egg
1-19 production, growing, stabling, or housing, in pens or houses
1-20 wherein poultry are fed at the place of confinement and crop or
1-21 forage growth or production of feed is not sustained in the area of
1-22 confinement.
1-23 (e) "Housed lot" means a totally roofed buildings with open
1-24 or enclosed sides wherein poultry are housed on solid concrete or
2-1 dirt floors, slotted (partially open) floors over pits or poultry
2-2 litter collection areas in pens, stalls or cages, with or without
2-3 bedding materials and mechanical ventilation. For the purposes of
2-4 this Act, the term housed lot is synonymous with the terms slotted
2-5 floor building, barn, stable, or house, for poultry, as these terms
2-6 are commonly used in the agriculture industry.
2-7 (f) "Major enforcement action" means those enforcement
2-8 actions in which the executive director or the commission has
2-9 determined that a violation which would contribute to pollution of
2-10 surface or ground water or an unauthorized discharge has occurred,
2-11 and that such discharge was within the reasonable control of the
2-12 registrant; and such discharge could have been reasonably foreseen
2-13 by the registrant.
2-14 (g) "Operator" means the owner of a poultry facility.
2-15 (h) "Registrant" means any person whose feedlot operation is
2-16 subject to the registration requirements of this subchapter.
2-17 (i) "Poultry facility" means a facility which is used to
2-18 raise, grow, feed or otherwise produces poultry for commercial
2-19 purposes, or is a commercial poultry hatchery which is used to
2-20 produce baby poultry.
2-21 (j) "Poultry" means chickens, turkeys, ducks or other fowl
2-22 being raised or kept on any premises in the state for profit.
2-23 (k) "Poultry carcasses" means dead poultry, the carcasses,
2-24 parts of carcasses, effluent, down, or blood of poultry, which
2-25 carcasses are those which died as the result of sickness,
2-26 suffocation, accident, or from any cause other than intentional
2-27 slaughter for use for human consumption.
3-1 (l) "Poultry litter" means poultry litter, poultry
3-2 excrement, manure (feces and urine), litter, bedding, or feedwaste
3-3 from feedlot operations.
3-4 (m) "Provider" means the person providing poultry litter to
3-5 a user.
3-6 (n) "Refrigerated" means refrigerated to a temperature of 40
3-7 degrees Fahrenheit or less.
3-8 (o) "User" means a person who land applies poultry litter.
3-9 (p) "Wastewater" means water containing poultry litter or
3-10 contaminated by poultry litter contact, including process-generated
3-11 and contaminated rainfall runoff.
3-12 Sec. 26.276. POULTRY LITTER, DEAD POULTRY AND UNHATCHED OR
3-13 UNUSED EGGS. (a) The purpose of this section is to control,
3-14 eradicate, and prevent the spread of contagious and infectious
3-15 diseases of poultry, and the protection of water quality through
3-16 the proper destruction and disposal of dead poultry, unhatched or
3-17 unused eggs and other poultry litter by requiring commercial
3-18 growers of poultry and commercial hatcheries to be equipped with
3-19 and to use disposal facilities as provided in this section.
3-20 (b) Every person who owns or operates a poultry facility
3-21 shall ensure that the poultry facility is equipped with adequate
3-22 facilities for the handling, destruction and disposal of all
3-23 poultry carcasses, unhatched or unused eggs and other poultry
3-24 waste. If a person, other than the operator or owner of a poultry
3-25 facility, owns the poultry, either in a present or future interest,
3-26 that person shall also ensure that the owner or operator of the
3-27 poultry facility complies with this subchapter by requiring
4-1 compliance with this subchapter in that person's contract with the
4-2 owner or operator.
4-3 (c) Every person who operates a poultry facility shall file
4-4 with the commission a plan, embracing at a minimum the provisions
4-5 consistent with the requirements of this section and the rules
4-6 promulgated by the commission pursuant to subsection (e).
4-7 (d) No person may transport or arrange for the
4-8 transportation of, any poultry carcasses from any poultry facility
4-9 premises without the prior approval, granted by registration, from
4-10 the commission. The commission may assess a fee of $50 per year
4-11 for the registration. Prior to granting a registration, the
4-12 transporter must show the commission that the vessel in which the
4-13 carcasses are transported is refrigerated, sealed, and is leak and
4-14 spill proof. All carcasses must be transported in refrigerated
4-15 vessels, and such vessels must be properly sealed in order to
4-16 prevent spillage or leakage. Further, after unloading the
4-17 carcasses, the vessel must be cleaned and disinfected prior to
4-18 leaving the disposal site.
4-19 (e) Poultry carcasses on site at a poultry facility must be
4-20 maintained in refrigerated, sealed receptacles or vessels in order
4-21 to prevent leakage or spillage until the carcasses are transported
4-22 or disposed of as required by this section. If the poultry
4-23 carcasses are disposed of on-site by a method permitted by this
4-24 section, the carcasses do not have to be refrigerated.
4-25 (f) The commission shall prescribe rules pertaining to
4-26 minimum requirements of the safe and adequate storage, handling,
4-27 and transportation of poultry carcasses at and from poultry
5-1 facilities.
5-2 (g) The commission's staff is authorized to enter any
5-3 poultry facility, place, premise, building, or other enclosure
5-4 where poultry is produced, stored or disposed, to perform any
5-5 inspections or to otherwise enforce the provisions of this section.
5-6 Sec. 26.277. DISPOSAL OF POULTRY CARCASSES. (a) The
5-7 disposal of poultry carcasses by open pit burial, landfill or other
5-8 similar disposal is prohibited. Carcasses may be disposed in
5-9 landfills permitted by the commission to receive municipal solid
5-10 waste.
5-11 (b) The commission shall, by regulation, specify other
5-12 acceptable methods for the disposal of poultry carcasses,
5-13 including, but not limited to:
5-14 (1) composting;
5-15 (2) cremation or incineration;
5-16 (3) extrusion;
5-17 (4) on-farm freezing;
5-18 (5) rendering; and
5-19 (6) cooking for swine food.
5-20 (c) This section shall not affect other requirements in law,
5-21 if any, for the permitting of any of the disposal activities in
5-22 subsection (b).
5-23 Sec. 26.278. EXEMPTIONS. The provisions of this section do
5-24 not apply to persons with flocks of 3,000 poultry or less on an
5-25 average daily basis, unless the commission determines, upon hearing
5-26 and notice, that the person's means of disposal constitutes a
5-27 disease threat.
6-1 Sec. 26.279. IMPROPER DISPOSAL OR TRANSPORTATION OF
6-2 CARCASSES. (a) A person commits an offense if the person disposes
6-3 of a poultry carcass, in violation of the provisions of Section
6-4 26.277 of this subchapter, or if the person transports or arranges
6-5 for transportation in violation of the provisions of Section
6-6 26.276(d).
6-7 (b) An offense under this section is a class B misdemeanor
6-8 for each poultry carcass improperly disposed of or transported.
6-9 Sec. 26.280. DISPOSAL AND HANDLING OF POULTRY LITTER. (a)
6-10 Poultry litter shall be disposed as set forth in this subsection.
6-11 The provisions of this subsection are applicable to all feedlot
6-12 operations, either housed or open lots, including chickens,
6-13 including broilers, layers and/or breeders; turkeys, including
6-14 breeders and/or feeders.
6-15 (b) Persons desiring to dispose of poultry litter by land
6-16 application shall apply for a registration from the Commission.
6-17 (c) Persons transporting poultry litter off-site shall
6-18 ensure that the poultry litter does not leak, spill, or otherwise
6-19 emanate from the transportation vessel.
6-20 (d) Nothing in this subsection shall limit the powers of the
6-21 Commission to regulate poultry facilities, feedlots, concentrated
6-22 animal feeding operations or poultry litter under other law.
6-23 (e) Procedures for Making Application for a Registration.
6-24 The Commission shall promulgate an application form. Applicants
6-25 shall pay such application fees and annual registration fees as
6-26 provided by Commission rule. Registrations authorized under this
6-27 subsection may be effective for five years. At a minimum, the
7-1 application shall demonstrate compliance with the technical
7-2 requirements set forth in this subsection, and shall include:
7-3 (1) a description of the intended use of the poultry
7-4 litter; and
7-5 (2) clearly indicate the means for compliance with
7-6 this subchapter; and
7-7 (3) a waste management plan which shall contain, as a
7-8 minimum the quantity, origin, application rate and location of the
7-9 intended use of the poultry litter, a full discussion of best
7-10 management practices to be applied, and a statement of how the plan
7-11 will manage or control the application of phosphorous; and
7-12 (4) a copy of a signed contract between the user and
7-13 provider.
7-14 (f) Notification for use of poultry litter is required
7-15 without consideration of the origin of the poultry litter.
7-16 (g) Any change in a waste management plan for the handling
7-17 of poultry litter must be promptly provided to the executive
7-18 director.
7-19 (h) The user shall annually certify compliance with the
7-20 waste management plan to the commission.
7-21 (i) The poultry litter provider and user shall maintain
7-22 records on site for a period of three years.
7-23 (1) Records to be maintained by the provider include:
7-24 (A) copies of notifications and certifications
7-25 made to the commission concerning poultry litter use.
7-26 (B) copies of contracts made with each poultry
7-27 litter user.
8-1 (C) records of volume of poultry litter
8-2 delivered to each user per delivery.
8-3 (2) The user shall maintain on-site records for three
8-4 years of the date and volume of poultry litter applied, and the
8-5 location of the application areas, and the waste management plan.
8-6 The records shall be made available to the provider and the
8-7 executive director upon request.
8-8 (j) The poultry litter provider and user are responsible and
8-9 liable for meeting the conditions of this chapter. If a person,
8-10 other than the operator or owner of a poultry facility, owns the
8-11 poultry, either in a present or future interest, that person shall
8-12 also ensure that the owner or operator of the poultry facility
8-13 complies with this subchapter by requiring compliance with this
8-14 subchapter in that person's contract with the owner or operator or
8-15 user. The poultry litter provider will not be liable for
8-16 misapplication of poultry litter by users, unless the provider
8-17 knows of the misapplication. Each party has, but is not limited
8-18 to, the following responsibilities:
8-19 (1) The poultry litter provider shall:
8-20 (A) notify the executive director in writing
8-21 within 5 days of obtaining knowledge of misapplication of poultry
8-22 litter in non-compliance with this subchapter;
8-23 (B) not be responsible for the misuse of the
8-24 poultry litter by the user if the deliveries of poultry litter
8-25 ceases promptly upon knowledge of misuse regardless of contract
8-26 provisions.
8-27 (2) The poultry litter user:
9-1 (A) shall use the poultry litter in accordance
9-2 with this subchapter;
9-3 (B) must maintain and provide records as
9-4 required by this subchapter;
9-5 (k) Upon notice and hearing, a registration may be cancelled
9-6 if the registrant is deemed to have violated this subchapter in a
9-7 major enforcement action.
9-8 (l) If land application is utilized for disposal of litter
9-9 and/or wastewater, the following requirements shall apply:
9-10 (1) Utilization and disposal methods.
9-11 (A) Liquid and solid poultry litter shall be
9-12 distributed on agricultural lands so that neither the litter nor
9-13 rainfall runoff will adversely affect the quality of receiving
9-14 waters.
9-15 (B) When irrigation disposal of wastewater is
9-16 used, tailwater facilities shall be provided as necessary to
9-17 prevent the release of applied wastewater.
9-18 (C) Disposal of litter and wastewater shall be
9-19 done in such a manner as to prevent nuisance conditions such as
9-20 odors and flies.
9-21 (D) Wastewater shall not be irrigated when the
9-22 ground is frozen or saturated or during rainfall events.
9-23 (2) Management of wastes. Collection, storage, and
9-24 disposal of liquid and solid waste and poultry litter shall be
9-25 managed in accordance with recognized practices of good
9-26 agricultural management.
9-27 (m) All solid waste and poultry litter materials stockpiled
10-1 or retained onsite shall be isolated from all run-on storm waters
10-2 by dikes, terraces, berms, ditches, or other similar structures and
10-3 shall be maintained so as to retain all rainfall which comes in
10-4 contact with the stockpiled material.
10-5 (n) Pesticide Use. The operator shall prevent the discharge
10-6 of waters which have been contaminated by pesticides and shall
10-7 notify the executive director immediately if such discharge occurs.
10-8 (o) Best Management Practices. The following Best
10-9 Management Practices (BMPs) shall be utilized by poultry facilities
10-10 and users:
10-11 (1) do not stockpile poultry litter near watercourses.
10-12 (2) provide adequate poultry litter storage capacity
10-13 based upon poultry litter production and land availability.
10-14 (3) apply poultry litter to suitable land at
10-15 appropriate times and rates:
10-16 (A) adjust timing and rate of applications to
10-17 crop needs, assuming usual nutrient losses, expected precipitation
10-18 and soil conditions;
10-19 (B) avoid applications on frozen or saturated
10-20 soils; and
10-21 (C) avoid land subject to excessive erosion;
10-22 (D) use edge-of-field, grassed strips to
10-23 separate eroded soil and poultry litter particles from the field
10-24 runoff;
10-25 (E) utilize off-site areas for poultry litter
10-26 application in a manner consistent with paragraphs (1) through (4)
10-27 of this section;
11-1 (F) locate poultry litter management facilities
11-2 a minimum horizontal distance of 150 feet from all water wells,
11-3 springs, and watercourses;
11-4 (G) when applying poultry litter/wastewater to
11-5 land, utilize a buffer area around water wells to prevent the
11-6 possibility of waste or litter transport to groundwater via the
11-7 well or well casing.
11-8 (H) Other buffer zones shall be maintained as
11-9 follows:
11-10 (i) 200 feet from occupied dwellings
11-11 (unless the occupant of the dwelling signs a waiver of the buffer
11-12 zone);
11-13 (ii) 25 feet from rock outcropping, except
11-14 limestone, for which there is a 50 foot buffer.
11-15 (p) An operator of a poultry facility shall develop and
11-16 maintain on-site a waste management plan to handle poultry litter
11-17 in compliance with this subchapter. If a person, other than the
11-18 operator or owner of a poultry facility, owns the poultry, either
11-19 in a present or future interest, that person shall also ensure that
11-20 the owner or operator of the poultry facility complies with this
11-21 subchapter by requiring compliance with this subchapter in that
11-22 person's contract with the owner or operator.
11-23 Sec. 26.281. The commission shall regulate discharges from
11-24 poultry related concentrated animal feeding operations and shall
11-25 regulate all poultry operations which stable, and confine and feed
11-26 or maintain for a total of 45 days or more in any 12-month period
11-27 more than 3,000 laying hens or broilers. There shall be no
12-1 differentiation in regulation between facilities which have liquid
12-2 or dry waste handling systems.
12-3 (b) In this section, "poultry related concentrated animal
12-4 feeding operation" means a concentrated poultry facility that is
12-5 operated for poultry or egg production or for growing, stabling, or
12-6 housing poultry in pens or houses in which the poultry are fed at
12-7 the place of confinement and crop or forage growth or feed is not
12-8 produced in the confinement area.
12-9 SECTION 2. The importance of this legislation and the
12-10 crowded condition of the calendars in both houses create an
12-11 emergency and an imperative public necessity that the
12-12 constitutional rule requiring bills to be read on three several
12-13 days in each house be suspended, and this rule is hereby suspended,
12-14 and that this Act take effect and be in force from and after its
12-15 passage, and it is so enacted.