Sec. 26.0481. DISPOSAL OF DAIRY WASTE IN RETENTION FACILITY. (a) In this section, "dairy waste" means milk, milk by-products, or milk processing waste that is spilled, spoiled, adulterated, unmarketable, stranded, or otherwise unfit for human consumption produced at a concentrated animal feeding operation. (b) Notwithstanding any other law and to the extent permitted by federal law, the commission shall adopt rules under this section to allow: (1) the disposal of dairy waste from a concentrated animal feeding operation into a control or retention facility, including a lagoon or playa, as that term is defined by Section 26.048 ; and (2) the land application by irrigation associated with the disposal described by Subdivision (1). (c) Rules adopted under Subsection (b) must: (1) minimize the risk of water quality impairment caused by: (A) the disposal of dairy waste into the control or retention facility; and (B) the land application by irrigation associated with the disposal described by Paragraph (A); and (2) require best management practices to ensure that the disposal of dairy waste into the control or retention facility does not impair water quality.
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