Tex. Agric. Code Section 201.026
Nonpoint Source Pollution


(a)

The state board is the lead agency in this state for activity relating to abating agricultural and silvicultural nonpoint source pollution.

(b)

As the lead agency, the state board shall:

(1)

plan, implement, and manage programs and practices for abating agricultural and silvicultural nonpoint source pollution;

(2)

have as a goal:

(A)

setting priorities among voluntary efforts to reduce nonpoint source pollution and promoting those efforts in a manner consistent with the priorities; and

(B)

assisting landowners to prevent regulatory enforcement actions related to nonpoint source pollution; and

(3)

provide to the agricultural community information regarding the jurisdictions of the state board and the Texas Commission on Environmental Quality related to nonpoint source pollution.

(c)

Except as required by Subchapter L (Definitions), Chapter 26 (Water Quality Control), Water Code, a permit or other authorization is not required under that chapter as a prerequisite for the land application of animal waste for beneficial use at agronomic rates to property that is not owned or controlled by the owner or operator of a facility that Chapter 26 (Water Quality Control), Water Code, requires to hold a permit or other authorization. This section does not affect the authority of the Texas Commission on Environmental Quality to investigate or take enforcement action against a point source discharge under Section 26.121 (Unauthorized Discharges Prohibited), Water Code.

(d)

On the request of the owner of land on which animal waste is applied for agricultural purposes, the state board may create and certify a water quality management plan for the land.

(e)

Other state agencies with responsibility for abating agricultural and silvicultural nonpoint source pollution shall coordinate any abatement programs and activities with the state board.

(f)

The state board shall represent the state before the federal Environmental Protection Agency or other federal agencies on a matter relating to agricultural or silvicultural nonpoint source pollution. Nothing herein shall impair the ability of:

(1)

the General Land Office to represent the state before any federal agency in matters relating to the state’s participation in the federal coastal zone management program;

(2)

the Texas Commission on Environmental Quality to represent the state before any federal agency in matters relating to the state’s overall participation in the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.); or

(3)

the Texas Department of Agriculture to represent the state before any federal agency in matters relating to the state’s overall participation in the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section 136 et seq.).

(g)

In an area that the state board identifies as having or having the potential to develop agricultural or silvicultural nonpoint source water quality problems or an area within the “coastal zone” designated by the commissioner of the General Land Office, the state board shall establish a water quality management plan certification program that provides, through local soil and water conservation districts, for the development, supervision, and monitoring of individual water quality management plans for agricultural and silvicultural lands. Each plan must be developed, maintained, and implemented under rules and criteria adopted by the state board and comply with state water quality standards established by the Texas Commission on Environmental Quality. The state board shall certify a plan that satisfies the state board’s rules and criteria and complies with state water quality standards established by the Texas Commission on Environmental Quality under the commission’s exclusive authority to set water quality standards for all water in the state.

(h)

At the request of the landowner, the state board may develop and certify a water quality management plan for any agricultural or silvicultural land in the state. Section 26.302 (Regulation of Poultry Facilities)(b-1), Water Code, applies to a water quality management plan developed or certified for use by a poultry facility under this section.

(i)

A water quality management plan developed under this section that covers land on which animal carcasses will be buried must include:

(1)

disposal management practices for the carcasses, including a requirement that poultry carcasses may be buried on site only in the event of a major die-off that exceeds the capacity of a poultry facility to handle and dispose of poultry carcasses by the normal means used by the facility; and

(2)

burial site requirements that identify suitable locations for burial based on site-specific factors including:

(A)

land use;

(B)

soil conditions; and

(C)

proximity to groundwater or surface water supplies.

(j)

The Texas Commission on Environmental Quality may not require a landowner who requests and complies with a water quality management plan under Subsection (i) to record the burial of animal carcasses in the county deed records or report the burial to the commission.

(k)

The state board shall notify the Texas Commission on Environmental Quality not later than the 10th business day after the date the state board decertifies a water quality management plan for an animal feeding operation.

(l)

The state board shall update the state board’s identification of priority areas for the control of nonpoint source pollution at least every four years. The state board, in considering changes to the identified priority areas, shall consider:

(1)

bodies of water the Texas Commission on Environmental Quality has identified as impaired through the state water quality assessment process;

(2)

threatened areas in which action is necessary to prevent nonpoint source pollution; and

(3)

other areas of concern, including groundwater concerns.

(m)

Complaints concerning a violation of a water quality management plan or a violation of a law or rule relating to agricultural or silvicultural nonpoint source pollution under the jurisdiction of the state board shall be referred to the state board. The state board, in cooperation with the local soil and water conservation district, shall investigate the complaint. On completion of the investigation, the state board, in consultation with the soil and water conservation district, either shall determine that further action is not warranted or shall develop and implement a corrective action plan to address the complaint. If the person about whom the complaint has been made fails or refuses to take corrective action, the state board shall refer the complaint to the Texas Commission on Environmental Quality.
Added by Acts 1985, 69th Leg., ch. 611, Sec. 5, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 54, Sec. 1, eff. April 29, 1993; Acts 2001, 77th Leg., ch. 1095, Sec. 11, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1189, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 418 (S.B. 1707), Sec. 5, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 875 (H.B. 1719), Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 875 (H.B. 1719), Sec. 2, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 875 (H.B. 1719), Sec. 3, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(1), eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.002(1), eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 1, eff. September 1, 2011.

Source: Section 201.026 — Nonpoint Source Pollution, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­201.­htm#201.­026 (accessed Mar. 23, 2024).

201.001
Findings, Purpose, and Policy
201.002
Definitions
201.003
Eligible Voter
201.004
Notice
201.005
Water Code Not Applicable
201.006
Confidentiality of Certain Information
201.007
Confidentiality of Participants in Invasive Species Eradication Programs
201.011
Composition
201.012
State Districts
201.013
State District Conventions
201.014
Election
201.015
Term
201.016
Vacancy
201.017
Oath
201.018
Majority Vote Requirement
201.019
Officers and Employees
201.020
Records
201.021
Office
201.022
General Powers and Duties
201.023
Funds Management
201.024
Contracts for Watershed Protection and Flood Control Plans
201.025
Sunset Provision
201.026
Nonpoint Source Pollution
201.027
Enforcement Referral Records
201.028
Annual Report
201.029
Grant Program Administration
201.030
Negotiated Rulemaking
201.041
Petition
201.042
Hearing
201.043
Election
201.044
State Board Determination of Administrative Practicability and Feasibility
201.045
Subsequent Petitions
201.046
Establishment of District Subdivisions
201.047
Application for Certificate of Organization
201.048
Issuance of Certificate
201.049
Effect of Certificate
201.050
Change in Conservation District or Subdivision Boundaries
201.051
Dissolution of Conservation District
201.071
Composition of Board of Directors
201.072
Qualifications of Directors
201.073
Election of Directors
201.074
Election of Initial Directors
201.075
Terms of Directors
201.076
Vacancy
201.077
Compensation and Mileage Allowance
201.078
Majority Vote Requirement
201.079
Officers and Employees
201.080
Records, Reports, Accounts, and Audits
201.081
Annual Meeting of Directors
201.101
Corporate Powers
201.102
Preventive and Control Measures
201.103
Cooperation and Agreements with Other Entities
201.104
Acquisition, Administration, and Sale of Real or Personal Property
201.105
Acquisition, Administration, and Sale of Materials and Equipment
201.106
Construction and Maintenance of Structures
201.107
Conservation Plans and Information
201.108
Assumption of Government Projects
201.0111
Appointments
201.121
Regulatory Powers
201.122
Hearing
201.123
Election
201.124
Effect of Ordinance
201.125
Distribution of Copies of Ordinance
201.126
Amendment or Repeal of Ordinance
201.127
Frequency of Elections
201.128
Enforcement
201.129
Board of Adjustment
201.130
Procedures of Board of Adjustment
201.131
Petition for Variance
201.132
Hearing on Variance Petition
201.133
Granting of Variance
201.0141
Ineligibility to Serve on Board
201.0142
Training Program for Members of State Board
201.0151
Removal from Board
201.151
Use of County Machinery and Equipment
201.152
Contracts for Flood Control and Drainage
201.0191
Equal Opportunity Employment
201.201
Creation of Program
201.202
Use of Funds
201.203
Designation of Local Districts
201.204
Rules
201.0225
Carrizo Cane Eradication Program
201.0226
Dam Structural Repair Grant Program
201.0227
Ten-year Dam Repair and Maintenance Plan
201.0231
Complaints
201.301
Creation of Program
201.302
Use of Funds
201.303
Allocation of Funds
201.304
Eligibility for Cost-share Assistance
201.305
Eligible Soil and Water Conservation Land Improvement Measures
201.306
Application for Cost-share Assistance
201.307
Approval of Application
201.308
Cost-share Rates
201.309
Standards and Specifications
201.310
Cost-share Payments
201.311
Designation of Local Districts
201.351
Definitions
201.352
Creation of Program
201.353
Program Functions
201.354
Program Cost-share Rates
201.355
Priority Conservation Measures
201.356
Certification
201.357
Report
201.0511
Effect of Dissolution

Accessed:
Mar. 23, 2024

§ 201.026’s source at texas​.gov