|(a) Policy Statement. In accordance with §519.1
of this title (relating to Policy Statement) and the policy of the
State Soil and Water Conservation Board to develop and implement a
program to provide technical assistance for the development and implementation
of soil and water conservation plans and soil and water conservation
measures, this section is adopted.
(b) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Animal feeding operation--A lot or facility (other
than an aquatic animal production facility) where animals have been,
are, or will be stabled or confined and fed or maintained for a total
of 45 days or more in any 12-month period, and the animal confinement
areas do not sustain crops, vegetation, forage growth, or postharvest
residues in the normal growing season.
(2) Comprehensive nutrient management plan, herein
referred to as CNMP--A resource management plan containing a grouping
of conservation practices and management activities which, when combined
into a conservation system, will help ensure that both agricultural
production goals and natural resource concerns dealing with nutrient
and organic by-products and their adverse impacts on water quality
are achieved. A CNMP incorporates practices to utilize animal manure
and organic by-products as a beneficial resource. To be certified,
a CNMP must cover all lands that constitute the conservation management
(3) Conservation management unit--For the purposes
of this section and regarding comprehensive nutrient management planning,
a conservation management unit includes the production area and land
application activities which are onsite or are contiguous to the site.
(4) Environmental stewardship programs for owners and/or
operators of animal feeding operations--Any program, administered
by a governmental or non-governmental entity, which provides the owner
or operator of an animal feeding operation with a mechanism for improving
the overall efficiency of the operation, operating in accordance with
all applicable state or federal laws pertaining to water quality,
and furthers the effective conservation of the state's soil and water
(5) North Bosque River watershed--The geographic area
consisting of all the drainage area for the two designated water quality
segments as defined in the two adopted Total Maximum Daily Loads for
Phosphorus in the North Bosque River. The two designated water quality
segments are segment 1226, the North Bosque River, extending from
a point 100 meters upstream of FM Road 185 in McLennan County to a
point immediately upstream of the confluence of Indian Creek in Erath
County, and segment 1255, the Upper North Bosque River, extending
from a point immediately upstream of the confluence of Indian Creek
in Erath County to the confluence of the North Fork and South Fork
of the North Bosque River in Erath County.
(6) Natural Resources Conservation Service, herein
referred to as NRCS--An agency of the United States Department of
Agriculture which includes the agency formerly known as the Soil Conservation
(7) NRCS - Field Office Technical Guide, herein referred
to as NRCS - FOTG--The official NRCS guidelines, criteria, and standards
for planning and applying conservation treatments.
(8) NRCS Technical Service Provider Process--The process
by which a technical service provider obtains certification by NRCS
to provide technical services including conservation planning, and/or
the design, layout, and installation of approved conservation practices.
(9) Resource management plan--A site specific blueprint
for implementation of soil and water conservation land improvement
measures. It includes a record of the eligible person's decisions
made during planning and the resource information needed for implementation
and maintenance of the plan that has been reviewed and approved by
(10) Resource management system--A combination of conservation
practices and resource management activities for the treatment of
all identified resource concerns for soil, water, air, plants, animals,
and humans that meets or exceeds the quality criteria in the Natural
Resource Conservation Service's Field Office Technical Guide for resource
(11) Soil and water conservation district, herein referred
to as SWCD--A government subdivision of this state and a public body
corporate and politic, organized pursuant to Chapter 201 of the Agriculture
(12) State Board--The State Soil and Water Conservation
Board created under the Agriculture Code, Chapter 201.
(13) Technical service provider--An individual, entity,
or public agency certified by the NRCS State Conservationist and placed
on an approved list to provide technical services.
(14) Texas Commission on Environmental Quality--The
state agency created under Title 2, Subtitle A, Chapter 5 of the Texas
Water Code (formerly the Texas Natural Resource Conservation Commission).
(c) Applicability. Any owner or operator of an animal
feeding operation that meets the following criteria may submit a CNMP
to the State Board for certification in accordance with subsection
(f) of this section. Owners or operators of an animal feeding operation
within the North Bosque River watershed, or owners or operators of
an animal feeding operation that has enrolled in any agricultural
environmental stewardship program whose administrators have a current
memorandum of agreement with the State Board regarding a State Board
certification of a CNMP as programmatic requirement.
(d) Process for Obtaining a CNMP. It is the intent
of the State Board that all CNMPs be developed by technical service
providers certified by NRCS to develop CNMPs or component parts of
CNMPs. Owners and operators whose CNMP is developed by persons not
certified to develop CNMPs through NRCS' Technical Service Provider
process must submit their CNMP to the local NRCS Field Office for
approval. Owners and operators of animal feeding operations who meet
the applicability criteria set forth in subsection (c) of this section
and intend to submit a completely developed CNMP to the State Board
for certification shall:
(1) Be a SWCD cooperator.
(2) Declare to the SWCD their intent to submit a CNMP
for State Board certification.
(3) Request to view a list of certified technical service
providers who have been certified by the NRCS to develop CNMPs from
their local SWCD and/or NRCS Field Office. Owners and operators whose
CNMP is developed by persons not certified to develop CNMPs through
NRCS' Technical Service Provider process must submit their CNMP to
the local NRCS Field Office for approval.
(4) Inform the SWCD that they intend to apply for cost-share
incentive funding, if applicable. All cost-share incentive funding
toward the development of a resource management plan and toward the
implementation of land treatment measures contained within the resource
management plan, shall be in accordance with §523.6 of this title
(relating to Cost-Share Incentive Funding for Soil and Water Conservation
Land Improvement Measures).
(e) Cost-share Incentive Funding. In accordance with §523.6
of this title, the State Board may allocate funds to a SWCD for cost-share
incentive funding to landowners toward the implementation of land
improvement measures consistent with the purpose of controlling erosion,
conserving water, and/or protecting water quality. All cost-share
incentive funding toward the development of a resource management
plan and toward the implementation of land treatment measures contained
within the resource management plan, shall be in accordance with §523.6
of this title.
(1) When the following conditions are met the State
Board may certify that a CNMP satisfies the State Board's technical
criteria and programmatic guidance for comprehensive nutrient management
planning with the State's requirements for water quality:
(A) The owner or operator of the animal feeding operation
concurs and understands that the conservation practices and implementation
schedules contained within the CNMP, when applied and maintained to
form a resource management system will meet the State's requirements
for water quality; the owner or operator of the animal feeding operation
agrees to notify the local SWCD in the event of deviation from the
implementation schedule; and the owner or operator of the animal feeding
operation agrees that any substitution or changes to the conservation
practices or schedules must be in accordance with the NRCS - FOTG,
the State Board's Technical Criteria and Programmatic Guidance for
Comprehensive Nutrient Management Planning, and the rules and regulations
of the State.
(B) The CNMP is in accordance with the Technical Criteria
and Programmatic Guidance for Comprehensive Nutrient Management Planning
adopted by the State Board and contains an implementation schedule
pursuant to subsection (i) of this section.
(C) The owner or operator of the animal feeding operation
meets the requirements of subsection (c) of this section.
(D) The SWCD has approved the CNMP as including the
entire conservation management unit.
(E) The CNMP was developed by a technical service provider
certified by the NRCS to develop CNMPs or the NRCS Field Office has
approved the CNMP as meeting the requirements of the NRCS - FOTG for
a Resource Management System.
(2) Withdrawal of Certification. The State Board may
withdraw certification of any CNMP which, in consultation with the
SWCD, has been demonstrated to be deficient in one or more of the
conditions established under paragraph (1) of this subsection or if
the holder of the CNMP fails to implement the CNMP in accordance with
subsection (i) of this section.
(g) Technical Criteria and Programmatic Guidance for
Comprehensive Nutrient Management Planning. The technical criteria
and specific practice standards considered as components of comprehensive
nutrient management planning are based on the criteria in the NRCS
- FOTG; however, modification of those practice standards to ensure
consistency with state water quality standards, state water quality
laws regarding animal feeding operations, and the state agricultural
and silvicultural nonpoint source management program will be made
by the State Board as necessary. The State Board will adopt and maintain
Technical Criteria and Programmatic Guidance for Comprehensive Nutrient
Management Planning to ensure consistency with state water quality
standards, state water quality laws regarding animal feeding operations,
and the state agricultural and silvicultural nonpoint source management
(h) Environmental Stewardship Programs for Owners and/or
Operators of Animal Feeding Operations. The State Board may enter
into agreements with entities administering programs who request that
participants of such programs receive certification in accordance
with subsection (f) of this section as a programmatic requirement
if the State Board determines that the program is consistent with
the state agricultural and silvicultural nonpoint source management
program and all other State Board policies.
(i) Implementation Schedule. A CNMP must contain an
(1) The implementation schedule will, as far as is
practicable, balance the state's need for protecting water quality
with the need of agricultural producers to have sufficient time to
implement practices in an economically feasible manner.
(2) Highest priority will be given to the implementation
of the most cost effective and most needed pollution abatement practices.
(3) The State Board in consultation with the local
SWCDs will conduct an annual status review of plan implementation.
(4) The State Board in consultation with the local
SWCDs may withdraw certification of a CNMP that is not being implemented
in accordance with its schedule. Prior to certification being withdrawn,
a landowner will be notified and be given a reasonable period of time
to implement the CNMP according to the schedule or a modified schedule
approved by the SWCD.
(5) The holder of a certified CNMP shall notify the
local SWCD in the event he or she deviates from the implementation
(j) Applicability of State Water Quality Standards.
To the extent allowed by available technology, CNMP development, approval
and certification will be based on state water quality standards as
established by the Texas Commission on Environmental Quality.