Texas Water Code 26.503 – Regulation of Certain Concentrated Animal Feeding Operation Wastes
(a) The commission may authorize the construction or operation of a new concentrated animal feeding operation, or an increase in the animals confined under an existing operation, only by a new or amended individual permit.
(b) The individual permit issued or amended under Subsection (a) must:
(1) provide for management and disposal of waste in accordance with Subchapter B, Chapter 321, Title 30, Texas Administrative Code;
(2) require that 100 percent of the collectible manure produced by the additional animals in confinement at an expanded operation or all of the animals in confinement at a new operation must be:
(A) disposed of or used outside of the watershed;
(B) delivered to a composting facility approved by the executive director;
(C) applied as directed by the commission to a waste application field owned or controlled by the owner of the concentrated animal feeding operation, if the field is not a historical waste application field;
(D) put to another beneficial use approved by the executive director; or
(E) applied to a historical waste application field that is owned or operated by the owner or operator of the concentrated animal feeding operation only if:
(i) results of representative composite soil sampling conducted at the waste application field and filed with the commission show that the waste application field contains 200 or fewer parts per million of extractable phosphorus (reported as P); or
(ii) the manure is applied, with commission approval, in accordance with a detailed nutrient utilization plan approved by the commission that is developed by:
(a) an employee of the United States Department of Agriculture’s Natural Resources Conservation Service;
(b) a nutrient management specialist certified by the United States Department of Agriculture’s Natural Resources Conservation Service;
(c) the State Soil and Water Conservation Board;
(d) the Texas Agricultural Extension Service;
(e) an agronomist or soil scientist on the full-time staff of an accredited university located in this state; or
(f) a professional agronomist or soil scientist certified by the American Society of Agronomy.
Terms Used In Texas Water Code 26.503
- Agricultural waste: means waterborne liquid, gaseous, or solid substances that arise from the agricultural industry and agricultural activities, including without limitation agricultural animal feeding pens and lots, structures for housing and feeding agricultural animals, and processing facilities for agricultural products. See Texas Water Code 26.001
- Board: means the Texas Water Development Board. See Texas Water Code 26.001
- Commission: means the Texas Natural Resource Conservation Commission. See Texas Water Code 26.001
- Executive director: means the executive director of the Texas Natural Resource Conservation Commission. See Texas Water Code 26.001
- Permit: means an order issued by the commission in accordance with the procedures prescribed in this chapter establishing the treatment which shall be given to wastes being discharged into or adjacent to any water in the state to preserve and enhance the quality of the water and specifying the conditions under which the discharge may be made. See Texas Water Code 26.001
- Person: means an individual, association, partnership, corporation, municipality, state or federal agency, or an agent or employee thereof. See Texas Water Code 26.001
- Property: means real and personal property. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(c) The commission may approve a detailed nutrient utilization plan approved by the commission that is developed by a professional agronomist or soil scientist certified by the American Society of Agronomy only if the commission finds that another person listed by Subsection (b)(2)(E)(ii) cannot develop a plan in a timely manner.
(d) The commission may not issue a general permit to authorize the discharge of agricultural waste into or adjacent to waters in this state from an animal feeding operation if such waters are within a major sole source impairment zone.
(e) The commission and employees or agents of the commission may enter public or private property at any reasonable time for activities related to the purposes of this subchapter. The commission may enforce this authority as provided by § 7.032, 7.051, 7.052, or 7.105.
(f) This section does not limit the commission’s authority to include in an individual or general permit under this chapter provisions necessary to protect a water resource in this state.