Poultry growers should file water plan
Sept. 1 law will affect Texas farms

By DAVY MOSELEY | East Texas Edition

July 12, 2001 -- On Sept. 1, a new state law goes into effect requiring poultry house owners to implement and maintain a certified water quality management plan.

Poultry farmers who have been operating since Jan. 1, 1993 have until Jan. 1, 2002 to submit a site-specific water quality management plan to the State Soil and Water Conservation Board. Those who have been in operation since Jan. 1, 1989 have until Jan. 1, 2003, and poultry farmers who been operating since before Dec. 31, 1982 have until Jan. 1, 2008 to submit a plan.

The law will affect all Texas poultry producers.

Mark Cochran, natural resource specialist at the Texas Soil and Water Conservation District regional office in Mount Pleasant, said the new law would not unduly burden poultry producers, but would benefit their operation in more ways than one.

"Poultry producers will be one step ahead when EPA releases its final ruling on water quality regulations."

Cochran detailed that growers would not be required to pay any processing fees to file their plan. The only cost associated would be making any changes or modifications to their facilities as needed to comply with Texas Natural Resource Conservation Commission regulations. However, most growers should not need to make any changes as Pilgrim's Pride inspectors would have already discovered any water quality problems.

Pilgrim's Pride declined to make comment on the new law, but explained that Pilgrim's Pride growers are already required to voluntarily submit a water quality management plan.

Cochran speculated that Pilgrim's Pride growers, either not willing, or not yet in the process of submitting a water quality management plan by deadline would not be delivered any birds.

"For those that have not yet submitted a plan, that is going to be the number one incentive for growers to submit a plan," said Gary Upchurch, a poultry producer near Queen City.

Upchurch, who has already submitted a water quality management plan voluntarily, said it has been beneficial to his operation.

"It's been helpful for me to have soil analysis tests so that I know how much, and in what fields, to apply wastes," Upchurch said.

The poultry grower said he has some fields where he's not planning on spreading any waste for a year or two because of the high phosphorous content. With regular soil analysis tests, he knows how best to handle his operations waste.

Soil Water Conservation Board and TNRCC have yet to adopt rules regarding the certification of water quality management plans for poultry facilities and other rules as necessary to implement and administer Section 26.302, Water Code, as amended by the act.

Steve Ogden, who represents the 5th District in the Texas Senate, authored Senate Bill 1339.

"A water quality management plan develops specific methods for managing animal waste with the goal of protecting water quality. Water quality management plans are detailed and precise. If properly followed, I believe they will satisfactorily address the legitimate concerns of many of my constituents," Ogden told the Bryan-College Station Eagle.

Ogden added, Senate Bill 1339 would ensure the Texas Natural Resource Conservation Commission is responsible for enforcing compliance with the law. This serves two purposes. First, the State Soil and Water Conservation Board is not a regulatory agency. Its purpose is to work hand-in-hand with producers to head off and solve water quality and waste management problems. Senate Bill 1339 would not change the agency's role, ensuring producers have a place to go when they need help.