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.