| (2) Poultry facilities may obtain a water quality management
plan as prescribed in subsections (e) - (h) of this section, unless
a facility is unable to attain certification based on conditions prescribed
in paragraph (3) of this subsection.
(3) After September 1, 2009 the State Board may not
certify a water quality management plan for a proposed newly constructed
poultry facility, or an existing poultry facility that proposes to
expand by more than 50 percent the number of birds included in the
existing certified water quality management plan as of September 1,
2009, that is located less than one half of one mile from a neighbor
if the presence of the facility is likely to create a persistent nuisance
odor for such neighbors, unless the facility provides an odor control
plan the Texas Commission on Environmental Quality determines is sufficient
to control odors. A facility that will house fewer than 10,000 total
birds is unlikely to create a persistent nuisance odor. Within this
paragraph and subparagraphs, the term neighbor includes business,
off-site permanently inhabited residence, place of worship, or other
poultry farm under separate ownership; and proposed facility has the
meaning described in paragraph (2) of this subsection.
(A) Factors that are considered likely to create a
persistent nuisance odor and will require the proposed facility to
submit an odor control plan are:
(i) Any neighbor within one quarter of one mile of
a proposed facility;
(ii) Any neighbor between one quarter and one half
of one mile in the prevailing wind direction of a proposed facility,
considering both cool and warm seasons;
(iii) Any school, place of worship, healthcare facility,
or other poultry facility within one half of one mile of a proposed
facility;
(iv) Proposed facility will house more than 225,000
birds per flock;
(v) Proposed facility will use a liquid waste handling
system; or
(vi) A notice of violation from the Texas Commission
on Environmental Quality for odor has been issued to the proposed
facility within the previous 12 months.
(B) If none of the factors in subparagraph (A) of this
paragraph apply to the proposed facility, the following table will
be used to assess the site to determine if the proposed facility is
likely to create a persistent nuisance odor for neighbors. If the
total score from the assessment of each of the factors exceeds 50
points, the presence of the proposed facility is likely to cause a
persistent nuisance odor for neighbors, and the proposed facility
must provide an odor control plan the Texas Commission on Environmental
Quality determines is sufficient to control odors.
Attached Graphic
(C) Any facility whose water quality management plan
was previously certified by meeting the conditions of subparagraphs
(A) or (B) of this paragraph or an approved odor control plan and
proposes to expand the number of poultry at the facility, regardless
of the percent of the expansion, must again submit to the process
in subparagraphs (A) or (B) before the water quality management plan
can be recertified.
(D) Alternatively to meeting conditions of subparagraphs
(A), (B), or (C) of this paragraph a proposed facility may obtain
certification of a water quality management plan if subsections (e)
- (h) of this section are met and each neighbor within one half of
one mile of the proposed facility provides a consent form properly
signed by the neighbor or authorized legal representative(s) of the
neighbor. The form must contain the name, physical and mailing addresses
of the neighbor and consent to location and operation of permanent
odor sources of a poultry facility within one half of one mile of
the neighbor. Such form(s) must be contained in the water quality
management plan.
(4) The 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 SWCD 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
SWCD will conduct 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
SWCD 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 SWCD in accordance with
State Board guidance be modified to allow implementation to occur.
(7) The list developed and maintained under paragraph
(4) of this subsection will be made available to the Texas Commission
on Environmental Quality.
(8) Landowners and operators after consultation with
the SWCD may appeal SWCD decisions to the State Board.
|
| Source Note: The provisions of this §523.3 adopted to be effective December 22, 1993, 18 TexReg 9106; amended to be effective June 22, 1995, 20 TexReg 4270; amended to be effective June 20, 2000, 25 TexReg 5913; amended to be effective January 7, 2002, 27 TexReg 270; amended to be effective March 21, 2004, 29 TexReg 2652; amended to be effective June 21, 2006, 31 TexReg 4867; amended to be effective December 23, 2008, 33 TexReg 10325; amended to be effective January 6, 2010, 35 TexReg 106; amended to be effective September 1, 2010, 35 TexReg 7871; amended to be effective July 8, 2013, 38 TexReg4384 |
