| (d) A water quality management plan should be modified
and re-certified when there is a land use change of any part of the
operating unit; an addition or deletion of significant acreage to
or from the operating unit covered by the water quality management
plan; alteration of planned permanent practice measures including
addition or deletion of such; changes identified by research and advanced
technology as being needed to meet Texas surface water quality standards;
or when more stringent measures become necessary to meet Texas surface
water quality standards.
(e) Process for obtaining or modifying a Water Quality
Management Plan.
(1) Landowners and operators may request the development
of a plan or plan modification by the local SWCD. Landowners and operators,
following consultation with their SWCD, will be encouraged and aided
in working with the SWCD in the preparation of a plan or plan modification
based on standards adopted by the State Board to prevent or abate
their nonpoint source pollution.
(2) The SWCD will determine the priority of plan development
or plan modification and subsequently cause the development and approval
of the plan or plan modification.
(3) Landowners and operators may appeal SWCD decisions
relative to practices and practice standards to the State Board in
the manner prescribed by the State Board.
(4) When determined to be consistent with the provisions
of subsection (c) of this section, the State Board may certify the
plan.
(f) Practice selection.
(1) Practices eligible for water quality management
planning will be selected by the State Board in consultation with
the SWCD.
(2) Practices will address activities determined by
the State Board in consultation with the SWCD to be in need of pollution
prevention or abatement.
(3) Insofar as practicable, those practices shall be
consistent with the Texas Nonpoint Source Management Program developed
by the State Board and the Texas Commission on Environmental Quality
pursuant to the federal Clean Water Act, §319 and Coastal Zone
Act Reauthorization Amendments §6217.
(g) Practice standards.
(1) Practice standards will be based on specific local
conditions.
(2) Practice standards will be based on criteria in
the NRCS, FOTG; however, modification of those practice standards
to ensure consistency with Texas surface water quality standards and
the Texas Nonpoint Source Management Program will be made as necessary.
(3) Practice standards will be selected or developed
in consultation with the local SWCD, with assistance and advice of
the NRCS, Texas AgriLife Extension Service, Texas Forest Service,
Texas AgriLife Research, Texas Commission on Environmental Quality,
the local underground water conservation district and others as determined
to be needed by the State Board.
(h) Implementation schedule.
(1) A water quality management plan must contain an
implementation schedule.
(2) The implementation schedule will, as far as is
practicable, balance the state's need for protecting water quality
with need of agricultural and silvicultural producers to have sufficient
time to implement practices in an economically feasible manner.
(3) Highest priority will be given to the implementation
of the most cost effective and most needed pollution abatement practices.
(4) The State Board in consultation with affected SWCD
will conduct status reviews of plan implementation.
(5) The State Board in consultation with the local
SWCDs may withdraw certification of a water quality management plan
that is not being implemented in accordance with its schedule. Prior
to certification being withdrawn, a landowner will be notified and
provided a reasonable period of time to implement the water quality
management plan according to the schedule or a modified schedule approved
by the SWCD.
(6) The holder of a certified water quality management
plan shall notify the local SWCD in the event he or she deviates from
the implementation schedule.
(i) Applicability of Texas surface water quality standards.
To the extent allowed by available technology, water quality management
plan development, approval and certification will be based on Texas
surface water quality standards as established by the Texas Commission
on Environmental Quality.
(j) Water Quality Management Plans for Poultry Facilities.
(1) All poultry facilities producing poultry for commercial
purposes are required to develop and implement a certified water quality
management plan covering the poultry operating unit. Poultry facilities
must request development and certification or recertification of a
water quality management plan prior to placing poultry at a new facility
or placing additional poultry at an existing facility.
(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.
Cont'd... |
