By: Chisum H.B. No. 2862
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of a poultry operation that does not use
a liquid waste handling system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.0286, Water Code, is amended by
adding subsection (d) to read as follows:
Section 26.0286. PROCEDURES APPLICABLE TO PERMITS FOR
CERTAIN CONCENTRATED ANIMAL FEEDING OPERATIONS. (a) In this
section:
(1) "Sole-source surface drinking water supply" means
a body of surface water that is designated as a sole-source surface
drinking water supply in rules adopted by the commission.
(2) "Protection zone" means an area so designated by
commission rule under Subsection (c).
(3) "Liquid waste handling system" means a system in
which freshwater or wastewater is used for transporting and land
applying waste.
(b) The commission shall process an application for
authorization to construct or operate a concentrated animal feeding
operation as a specific permit under Section 26.028 subject to the
procedures provided by Subchapter M, Chapter 5, if, on the date the
commission determines that the application is administratively
complete, any part of a pen, lot, pond, or other type of control or
retention facility or structure of the concentrated animal feeding
operation is located or proposed to be located within the
protection zone of a sole-source surface drinking water supply.
For the purposes of this subsection, a land application area is not
considered a control or retention facility.
(c) For the purposes of this section only, when adopting
rules under Section 26.023 to set water quality standards for water
in the state, the commission by rule shall designate a surface water
body as a sole-source surface drinking water supply if that surface
water body is identified as a public water supply in rules adopted
by the commission under Section 26.023 and is the sole source of
supply of a public water supply system, exclusive of emergency
water connections. At the same time, the commission shall
designate as a protection zone any area within the watershed of a
sole-source surface drinking water supply that is:
(1) within two miles of the normal pool elevation of a
body of surface water that is a sole-source surface drinking water
supply;
(2) within two miles of that part of a perennial stream
that is:
(A) a tributary of a sole-source surface drinking
water supply; and
(B) within three linear miles upstream of the
normal pool elevation of a sole-source surface drinking water
supply; or
(3) within two miles of that part of a stream that is a
sole-source surface drinking water supply, extending three linear
miles upstream from the water supply intake.
(d) This section does not apply to a poultry operation that
does not use a liquid waste handling system.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.