31 TAC §523.3
The Texas State Soil and Water Conservation Board (TSSWCB)
proposes an amendment to 31 TAC §523.3 concerning water quality management
plans (WQMP). The proposed amendment implements SB1339 of the 77th Legislature
which requires owners or operators of poultry facilities to implement and
maintain certified WQMPs.
The proposed amendment adds §523.3(h) that establishes the requirements
and procedures and schedules for poultry facilities to obtain WQMPs and establishes
the record keeping requirements for the TSSWCB for administering this section.
James Moore, Assistant Executive Director, Conservation Programs, has determined
that for the first five-year period there will be an annual cost of $250,000
for state government and no cost for local government as a result of administering
the section.
James Moore, Assistant Executive Director, Conservation Programs, has determined
that for each year of the first five years the section is in effect, the public
benefit anticipated as a result of administering the section will be more
effective attainment of state water quality standards in the State's surface
waters. The anticipated cost to small businesses or individuals resulting
from this proposed amendment will be approximately $3,000 per WQMP for the
owner or operator of the poultry facility to implement the plan. Limited federal
funds are available for the facility owners or operators to defray some of
their costs.
The proposed rule amendments are subject to the Texas Coastal Management
Program (CMP) and must be consistent with all applicable CMP goals and policies.
This amendment is consistent with §501.14(g) Nonpoint Source Water Pollution
of the CMP which directs TSSWCB to establish a WQMP program in the coastal
zone in that it requires owners or operators of poultry facilities to implement
and maintain certified WQMPs. Comments on the consistency of this amendment
may be submitted in writing to the address in the following paragraph.
Comments on the proposal may be submitted in writing to Robert G. Buckley,
Executive Director, Texas State Soil and Water Conservation Board, P.O. Box
511, Temple, TX 76503, (254) 773-2250.
The amendment is proposed under Chapter 201.020 Agriculture Code
which provides the Texas State Soil and Water Conservation Board with the
authority to adopt rules as necessary for the performance of its functions
under the Agriculture code.
No other statutes, articles, or codes are affected by this amendment.
§523.3.Water Quality Management Plans.
(a) - (g)
(No Change.)
(h)
Water Quality Management Plans for Poultry
Facilities.
(1)
After September 1, 2001 in accordance with the schedule
in Subsection 2, all poultry facilities producing poultry for commercial purposes
will be required to develop and implement a certified water quality management
plan covering the poultry operating unit, which consists of all poultry production
facilities and lands upon which poultry wastes are applied.
(2)
Poultry facilities must request development and certification
of a water quality management plan according to the following:
Figure: 31 TAC §523.3(h)(2)
(3)
Poultry facilities may obtain a water quality management
plan as prescribed in 523.3(a) through (f).
(4)
The Texas State Soil and Water Conservation Board (State
Board) will maintain a listing of poultry facilities that have requested a
certified water quality management plan. The list will indicate date of plan
approval by the soil and water conservation district and date of certification
by the State Board. The listing will also indicate status of implementation.
(5)
The State Board in consultation with the local soil and
water conservation district will conduct annual status reviews of certified
water quality management plans covering poultry facilities on a schedule determined
by the State Board.
(6)
The State Board in consultation with the local soil and
water conservation district may withdraw certification of a water quality
management plan that is not being implemented according to its schedule. Prior
to certification being withdrawn, the owner/operator of the facilities will
be notified and provided a reasonable period of time, as determined by the
State Board, to implement the water quality management plan, which may, at
the discretion of the local district in accordance with State Board guidance
be modified to allow implementation to occur.
(7)
The list developed and maintained under Subsection 4 will
be made available to the Texas Natural Resource Conservation Commission.
(8)
Landowners and operators after consultation with the district
may appeal district decisions to the State Board.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on August 7, 2001.
TRD-200104513
Robert G. Buckley
Executive Director
Texas State Soil and Water Conservation Board
Earliest possible date of adoption: September 23, 2001
For further information, please call: (254) 773-2250