By: Ogden S.B. No. 1339
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring owners or operators of poultry facilities to
1-3 implement and maintain certified water quality management plans.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 26.302, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 26.302. REGULATION OF POULTRY FACILITIES. (a) A
1-8 person who owns or operates a poultry facility shall ensure that
1-9 the facility has adequate means or is adequately equipped to handle
1-10 and dispose of poultry carcasses, poultry litter, and other poultry
1-11 waste regardless of whether the person owns the poultry.
1-12 (b) A person who owns or operates a poultry facility shall
1-13 implement and maintain a water quality management plan for the
1-14 facility that is certified by the State Soil and Water Conservation
1-15 Board under Section 201.026, Agriculture Code.
1-16 (c) The commission may bring a cause of action to remedy or
1-17 prevent a violation of this section.
1-18 SECTION 2. (a) As soon as practicable after the effective
1-19 date of this Act, the State Soil and Water Conservation Board and
1-20 the Texas Natural Resource Conservation Commission shall adopt
1-21 rules regarding the certification of water quality management plans
1-22 for poultry facilities and other rules as necessary to implement
1-23 and administer Section 26.302, Water Code, as amended by this Act.
1-24 (b) Each owner or operator of a poultry facility required to
1-25 implement and maintain a certified water quality management plan
2-1 under Section 26.302, Water Code, as amended by this Act, shall
2-2 develop and submit to the State Soil and Water Conservation Board a
2-3 site-specific water quality management plan according to the
2-4 following schedule:
2-5 Date of initial operation of facility Plan submission date
2-6 January 1, 2002, or later before receipt of birds
2-7 September 1, 2001, to December 31, 2001 before January 1, 2002
2-8 January 1, 1993, to August 31, 2001 before January 1, 2002
2-9 January 1, 1988, to December 31, 1992 before January 1, 2003
2-10 January 1, 1983, to December 31, 1987 before January 1, 2005
2-11 December 31, 1982, or earlier before January 1, 2008
2-12 (c) Each owner or operator of a poultry facility required to
2-13 implement and maintain a certified water quality management plan
2-14 under Section 26.302, Water Code, as amended by this Act, who
2-15 expands the facility on or after September 1, 2001, shall develop
2-16 and submit to the State Soil and Water Conservation Board a
2-17 site-specific water quality management plan for the expanded
2-18 facility before the later of the receipt of the additional birds
2-19 that will occupy the expanded facility or January 1, 2002.
2-20 (d) On or after January 1, 2002, an owner or operator of a
2-21 poultry facility is not in violation of Section 26.302, Water Code,
2-22 as amended by this Act, if the owner or operator has applied for
2-23 certification in accordance with Subsection (b) of this section and
2-24 the State Soil and Water Conservation Board has not made a
2-25 determination with regard to the certification.
2-26 SECTION 3. Nothing in this Act shall be construed as
3-1 designating a poultry operation as a point source of pollution
3-2 under Chapter 26, Water Code, or Texas Natural Resource
3-3 Conservation Commission rules regarding animal feeding operations
3-4 under 30 T.A.C. Section 321.31 through 321.47. A poultry operation
3-5 may not be designated as a point source of pollution unless the
3-6 poultry operation meets the requirements for designation as a point
3-7 source of pollution under that chapter or those rules.
3-8 SECTION 4. (a) This Act takes effect September 1, 2001,
3-9 except as provided by Subsection (b) of this section.
3-10 (b) Section 1 of this Act takes effect January 1, 2002.