1. (a) Purpose. The purpose of this program is to expand the efforts and activities of the Texas State Soil and Water Conservation Board (State Board) and local Soil and Water Conservation Districts (SWCD/District) in the reduction of Nonpoint Source Pollution loadings in watersheds impacted by nutrients from agricultural activities. This program will promote the hauling of excess manure from animal feeding operations located in the North and Upper North Bosque River (Segments 1226 and 1255) and Leon River (Segments 1221 and 1223) Watersheds to certified compost facilities instead of application to land off-site of the facility and in the impacted watersheds.
2. (b) Reimbursement Payment. In watershed areas specified by the State Board, expenses for hauling manure, consistent with all provisions in this section (§523.7 Incentives for Composting Animal Manure), to compost facilities certified by the Texas Commission on Environmental Quality (TCEQ) and approved by the State Board, will be paid by the State Board according to reimbursement rates established under subsection (c) of this section, Reimbursement Rates.
3. (c) Reimbursement Rates. Reimbursement rates shall be established by the State Board on a ton per mile rate based on the conditions in the watersheds.
4. (d) Reimbursement Procedures. Reimbursement for specified hauling expenses will be paid directly to the hauler, upon submittal of expenses on reimbursement forms, approved by the State Board, to the State Board designated agent in the watershed, and upon necessary processing by the State Board and submission to the State Comptroller for payment.
5. (e) Reimbursement Forms. Reimbursement forms will be issued by the State Board and will be available, upon request from the designated agent of the State Board, in the watershed.

6. (f) Required Signatures. Reimbursement forms will provide for and require the following signatures:

   1. (1) The owner/operator or the designated agent of the Animal Feeding Operation (AFO) from which the load originates, certifying the location, date and weight of the load leaving the AFO.
   2. (2) The owner/operator or the designated agent of the certified compost facility where the load is delivered, certifying delivery, location, date and weight received.
   3. (3) The hauler, certifying delivery date, weight and mileage.
7. (g) Rejected Goods. The State Board will not reimburse hauling expenses for loads not accepted by a certified compost facility. It is the responsibility of the AFO owner/operator or the designated agent to arrange for acceptance by the compost facility prior to initiating delivery.
8. (h) Assistance. The owner/operator or the designated agent of an AFO may obtain assistance in locating haulers and certified compost facilities by contacting the designated agent of the State Board in the watershed.
9. (i) Eligible Haulers. In order to be eligible for reimbursement payments, haulers must participate in a workshop conducted by the State Board designated agent covering proper procedures for reimbursement payments. Reimbursement will not be paid for loads invoiced not consistent with State Board approved procedures.
10. (j) Designated Agent of the State Board. The State Board designated agent will be responsible for the day-to-day activities of the project in the watershed. The State Board designated agent may employ or contract with a person or entity to carry out this responsibility. The location and telephone number of the designated agent will be available from the State Board office in Temple.

Source Note:The provisions of this §523.7 adopted to be effective May 2, 2001, 26 TexReg 3220; amended to be effective March 21, 2004, 29 TexReg 2652; amended to be effective February 13, 2006, 31 TexReg 855.