By: Ogden S.B. No. 1693
(In the Senate - Filed March 10, 2009; March 20, 2009, read
first time and referred to Committee on Agriculture and Rural
Affairs; April 20, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
April 20, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1693 By: Jackson
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of poultry facilities and poultry
litter.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 382, Health and Safety
Code, is amended by adding Section 382.068 to read as follows:
Sec. 382.068. POULTRY FACILITY ODOR; RESPONSE TO COMPLAINTS.
(a) In this section, "poultry facility" and "poultry litter" have
the meanings assigned by Section 26.301, Water Code.
(b) The commission shall respond and investigate not later
than 18 hours after receiving one of the following types of
complaints:
(1) a second complaint concerning odor associated with
a poultry facility or the application of poultry litter; or
(2) a complaint concerning odor from a poultry
facility where the commission has previously substantiated
nuisance odor conditions in the past 12 months.
(c) If after the investigation the commission determines
that a poultry facility is violating the terms of its air quality
authorization or creating a nuisance, the commission shall issue a
notice of violation.
(d) If three notices of violations are issued by the
commission in any 12-month period for a single poultry facility,
the commission shall enter into a comprehensive compliance
agreement with the facility.
(e) All comprehensive compliance agreements between poultry
facilities and the commission shall:
(1) include an odor control plan detailing a
facility's plans to control odors; and
(2) establish requirements for the submission and
approval of the odor control plan by the commission.
(f) The commission may require changes to a plan submitted
under Subsection (e) if the executive director determines that the
plan is insufficient to control odors.
(g) The owner or operator of a poultry facility which begins
construction after September 1, 2009, shall complete a poultry
facility training course on the prevention of odor nuisances from
the poultry science unit of the Texas AgriLife Extension Service
not later than 90 days after the date the facility first accepts
poultry to raise.
(h) The owner or operator of a poultry facility subject to
Subsection (g) shall maintain records of the training and make the
records available to the commission for inspection.
(i) The poultry science unit of the Texas AgriLife Extension
Service may collect a fee from an owner or operator of a poultry
facility subject to Subsection (g) to offset the direct cost of
providing the training.
SECTION 2. Section 26.302, Water Code, is amended to read as
follows:
Sec. 26.302. REGULATION OF POULTRY FACILITIES. (a) A
person who owns or operates a poultry facility shall ensure that the
facility has adequate means or is adequately equipped to handle and
dispose of poultry carcasses, poultry litter, and other poultry
waste regardless of whether the person owns the poultry.
(b) A person who owns or operates a poultry facility shall
implement and maintain a water quality management plan for the
facility that is certified by the State Soil and Water Conservation
Board under Section 201.026, Agriculture Code.
(b-1) The State Soil and Water Conservation Board may
certify a water quality management plan for a poultry facility
that:
(1) does not use a liquid waste handling system; and
(2) is required to obtain a permit or other
authorization from the commission.
(c) The State Soil and Water Conservation Board shall not
certify a water quality management plan for a poultry facility
located within one-half mile of surrounding businesses,
permanently inhabited residences, or places of worship if the
presence of the facility is likely to create a persistent odor
nuisance for such neighbors, unless the poultry facility provides a
suitable odor control plan.
(d) The State Soil and Water Conservation Board shall by
rule establish criteria for the siting and construction of new
poultry facilities, in consultation with the Texas Commission on
Environmental Quality, to determine what geographic, seasonal, and
agronomic factors should be considered when determining whether a
persistent nuisance odor condition is likely to occur.
(e) Subsection (c) does not apply to a revision of a
previously certified and existing water quality management plan or
to any poultry facility which is located more than one-half mile
from surrounding businesses, permanently inhabited residences, or
places of worship established before the date of construction of
the poultry facility.
(f) The commission may bring a cause of action to remedy or
prevent a violation of this section.
(g) This section does not affect the authority of the
commission to investigate or take enforcement action against an
unauthorized discharge under Section 26.121.
SUBSECTION 3. Subchapter H, Chapter 26, Water Code, is
amended by adding Sections 26.304 and 26.305 to read as follows:
Sec. 26.304. RECORDS OF SALE, PURCHASE, TRANSFER, OR
APPLICATION OF POULTRY LITTER. (a) A poultry facility that sells
or transfers poultry litter for remote application must maintain,
until the second anniversary of the date of sale or transfer, a
record regarding:
(1) the identity of the purchaser or applicator;
(2) the physical destination of the poultry litter;
(3) the date the poultry litter was removed from the
poultry facility; and
(4) the number of tons of poultry litter removed.
(b) A person that purchases or obtains poultry litter for
application must maintain, until the second anniversary of the date
of application, a signed and dated proof of delivery document for
every load of poultry litter land applied. The landowner shall note
on the document the date on which the poultry litter was land
applied.
Sec. 26.305. INSPECTION OF RECORDS. The commission may
inspect any record required to be maintained under this subchapter.
SECTION 4. This Act takes effect September 1, 2009.
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