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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of poultry facilities and poultry |
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litter. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.068 to read as follows: |
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Sec. 382.068. POULTRY FACILITY ODOR; RESPONSE TO COMPLAINTS. |
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(a) In this section, "poultry facility" and "poultry litter" have |
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the meanings assigned by Section 26.301, Water Code. |
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(b) The commission shall respond and investigate not later |
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than 18 hours after receiving one of the following types of |
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complaints: |
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(1) a second complaint concerning odor associated with |
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a poultry facility or the application of poultry litter; or |
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(2) a complaint concerning odor from a poultry |
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facility where the commission has previously substantiated |
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nuisance odor conditions in the past 12 months. |
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(c) If after the investigation the commission determines |
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that a poultry facility is violating the terms of its air quality |
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authorization or creating a nuisance, the commission shall issue a |
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notice of violation. |
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(d) If three notices of violations are issued by the |
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commission in any 12-month period for a single poultry facility, |
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the commission shall enter into a comprehensive compliance |
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agreement with the facility. |
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(e) All comprehensive compliance agreements between poultry |
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facilities and the commission shall: |
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(1) include an odor control plan detailing a |
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facility's plans to control odors; and |
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(2) establish requirements for the submission and |
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approval of the odor control plan by the commission. |
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(f) The commission may require changes to a plan submitted |
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under Subsection (e) if the executive director determines that the |
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plan is insufficient to control odors. |
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(g) The owner or operator of a poultry facility which begins |
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construction after September 1, 2009, shall complete a poultry |
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facility training course on the prevention of odor nuisances from |
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the poultry science unit of the Texas AgriLife Extension Service |
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not later than 90 days after the date the facility first accepts |
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poultry to raise. |
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(h) The owner or operator of a poultry facility subject to |
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Subsection (g) shall maintain records of the training and make the |
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records available to the commission for inspection. |
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(i) The poultry science unit of the Texas AgriLife Extension |
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Service may collect a fee from an owner or operator of a poultry |
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facility subject to Subsection (g) to offset the direct cost of |
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providing the training. |
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SECTION 2. Section 26.302, Water Code, is amended to read as |
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follows: |
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Sec. 26.302. REGULATION OF POULTRY FACILITIES. (a) A |
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person who owns or operates a poultry facility shall ensure that the |
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facility has adequate means or is adequately equipped to handle and |
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dispose of poultry carcasses, poultry litter, and other poultry |
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waste regardless of whether the person owns the poultry. |
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(b) A person who owns or operates a poultry facility shall |
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implement and maintain a water quality management plan for the |
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facility that is certified by the State Soil and Water Conservation |
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Board under Section 201.026, Agriculture Code. |
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(b-1) The State Soil and Water Conservation Board may |
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certify a water quality management plan for a poultry facility |
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that: |
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(1) does not use a liquid waste handling system; and |
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(2) is required to obtain a permit or other |
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authorization from the commission. |
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(c) The State Soil and Water Conservation Board shall not |
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certify a water quality management plan for a poultry facility |
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located within one-half mile of surrounding businesses, |
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permanently inhabited residences, or places of worship if the |
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presence of the facility is likely to create a persistent odor |
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nuisance for such neighbors, unless the poultry facility provides a |
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suitable odor control plan. |
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(d) The State Soil and Water Conservation Board shall by |
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rule establish criteria for the siting and construction of new |
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poultry facilities, in consultation with the Texas Commission on |
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Environmental Quality, to determine what geographic, seasonal, and |
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agronomic factors should be considered when determining whether a |
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persistent nuisance odor condition is likely to occur. |
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(e) Subsection (c) does not apply to a revision of a |
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previously certified and existing water quality management plan or |
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to any poultry facility which is located more than one-half mile |
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from surrounding businesses, permanently inhabited residences, or |
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places of worship established before the date of construction of |
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the poultry facility. |
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(f) The commission may bring a cause of action to remedy or |
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prevent a violation of this section. |
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(g) This section does not affect the authority of the |
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commission to investigate or take enforcement action against an |
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unauthorized discharge under Section 26.121. |
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SUBSECTION 3. Subchapter H, Chapter 26, Water Code, is |
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amended by adding Sections 26.304 and 26.305 to read as follows: |
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Sec. 26.304. RECORDS OF SALE, PURCHASE, TRANSFER, OR |
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APPLICATION OF POULTRY LITTER. (a) A poultry facility that sells |
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or transfers poultry litter for remote application must maintain, |
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until the second anniversary of the date of sale or transfer, a |
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record regarding: |
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(1) the identity of the purchaser or applicator; |
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(2) the physical destination of the poultry litter; |
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(3) the date the poultry litter was removed from the |
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poultry facility; and |
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(4) the number of tons of poultry litter removed. |
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(b) A person that purchases or obtains poultry litter for |
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application must maintain, until the second anniversary of the date |
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of application, a signed and dated proof of delivery document for |
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every load of poultry litter land applied. The landowner shall note |
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on the document the date on which the poultry litter was land |
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applied. |
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Sec. 26.305. INSPECTION OF RECORDS. The commission may |
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inspect any record required to be maintained under this subchapter. |
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SECTION 4. This Act takes effect September 1, 2009. |
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