| (ix) chronic violations for failure to implement WQMP
practices required to meet CAFO rules under 30 TAC Chapter 321, Subchapter
B.
(F) The Board shall perform follow-up compliance inspections
at dry litter poultry CAFOs found out of compliance with their WQMP
to verify that the operation has returned to compliance with the Board-certified
WQMP and CAFO regulations.
(4) Coordination on AFOs:
(A) The Board is the lead agency and has primary responsibility
for agricultural or silvicultural nonpoint source pollution abatement
resulting from all AFOs, as defined under 30 TAC Chapter 321, Subchapter
B (relating to concentrated animal feeding operations) that are not
designated as CAFOs or otherwise required to operate under a water
quality permit issued by the Commission.
(B) The Board shall investigate water quality complaints
and monitor compliance of all AFOs regardless of their participation
in the WQMP Program. The Board shall also investigate the first odor
complaint, where none has been received by the Commission or the Board
within the previous twelve (12) months, at any dry litter poultry
AFO operating under a Board-certified WQMP.
(C) The Commission, upon receiving a general water
quality complaint regarding an AFO, will determine if the AFO is required
to obtain authorization pursuant to 30 TAC Chapter 321, Subchapter
B (relating to Control of Certain Activities by Rule). If the determination
by the Commission indicates the facility does not meet the definition
of a CAFO or otherwise require a water quality permit, the complaint
and any written documentation will be referred to the Board, except
for any person referred to the Commission for enforcement action pursuant
to paragraph (1)(I) of this subsection. Additionally, the Commission
shall investigate within eighteen (18) hours the second and all subsequent
odor complaints for a rolling twelve (12) month period at any dry
litter poultry AFO.
(D) The Board, upon receiving a general complaint regarding
an AFO, will investigate to determine whether such a facility will
need to obtain authorization from the Commission or initiate corrective
actions to avoid impacts to aquatic life or human health. Those facilities
that are determined to require authorization from the Commission pursuant
to 30 TAC Chapter 321, Subchapter B (relating Control of Certain Activities
by Rule) will be referred to the Commission in writing within five
working days from the date of the investigation.
(E) The Board shall refer an AFO to the Commission
for possible enforcement action, if the complaint investigation determines
that the potential for a water quality violation exists at a facility
and the facility owner or operator does not submit a request for a
Board certified WQMP to resolve the complaint within 45 days of notification
of the investigation outcome or does not implement appropriate corrective
action.
(F) When the owner or operator of an AFO fails to sign
a WQMP that was developed to resolve a complaint involving a potential
water quality violation within 90 days of signing a request for planning
assistance, the Board shall refer the AFO to the Commission for possible
enforcement action.
(G) The Board shall refer to the Commission for possible
enforcement any AFO complaint received where there is evidence of
a discharge.
(H) The Board shall refer to the Commission for possible
enforcement action, regardless of WQMP status, any investigation and
documentation by the Board of a complaint related to an AFO where
there is a documented violation that causes a discharge of pollutants
to the air, water, or land that causes serious impact to the environment;
or affects human health and safety.
(I) The Board shall refer to the Commission for possible
enforcement action, regardless of WQMP status, any violation related
to an AFO that the Board has determined that the necessary corrective
action has not been taken. The Board, upon referral, shall provide
the Commission documentation, including but not limited to, any original
documents or Board certified copies of the original documents; and
hard copies of all photographs, correspondence, records, and other
documents relating to the complaint or violation.
(5) General conditions:
(A) Term of MOU. The term of this MOU shall be from
the effective date until termination.
(B) Notice of Termination. Either party may terminate
this MOU upon 90-day written notice to the other party. Only upon
written concurrence of the other agency can this MOU be modified.
(C) Cooperation of Parties. It is the intention of
the Board and the Commission that the details of providing the services
in support of this MOU shall be worked out, in good faith, by both
agencies.
(D) Nondiscrimination. Activities conducted under this
MOU will be in compliance with the nondiscrimination provisions as
contained in Titles VI and VII of the Civil Rights Act of 1964, as
amended, the Civil Rights Restoration Act of 1987, and other nondiscrimination
statutes, namely Section 504 of the Rehabilitation Act of 1973, Title
IX of the Education Amendments of 1972, the Age Discrimination Act
of 1975, and the Americans With Disabilities Act of 1992, which provide
that no person in the United States shall, on the grounds of race,
color, national origin, age, sex, religion, marital status, or handicap
be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity
receiving federal financial assistance.
(E) Notices. Any notices required by this MOU shall
be in writing and addressed to the respective agency as follows: Texas
Commission on Environmental Quality, Attn: _______________, P.O. Box
13087, Austin, TX 78711-3087 and to the Texas State Soil and Water
Conservation Board, Attn: _______________, P.O. Box 658, Temple, TX
76503-0658.
(F) Effective Date of MOU. This MOU is effective upon
execution by both agencies. By signing this MOU, the signatories acknowledge
that they are acting under proper authority from their governing bodies.
Adopted [insert date] Effective [insert date]
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