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.