All definitions in Texas Water Code (TWC), Chapter 26 and Chapter
3 and Chapter 305 of this title (relating to Definitions and Consolidated
Permits) shall apply to this subchapter and are incorporated by reference.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates
otherwise.
(1) Agronomic rates--The land application of animal
manure, sludge, or wastewater at rates of application in accordance
with a plan for nutrient management which will enhance soil productivity
and provide the crop or forage growth with needed nutrients for optimum
health and growth based upon a realistic yield goal.
(2) Animal feeding operation (AFO)--A lot or facility
(other than an aquatic animal production facility) where animals have
been, are, or will be stabled or confined and fed or maintained for
a total of 45 days or more in any 12-month period, and the animal
confinement areas do not sustain crops, vegetation, forage growth,
or post-harvest residues in the normal growing season over any portion
of the lot or facility. Two or more AFOs under common ownership are
a single AFO if they adjoin each other, or if they use a common area
or system for the beneficial use of manure, sludge, or wastewater.
A land management unit is not part of an AFO.
(3) Annual(ly)--Once per calendar year with required
events not more than 18 months apart, unless approved in writing by
the executive director on a case-by-case basis.
(4) Aquifer--A saturated permeable geologic unit that
can transmit, store, and yield to a well, the quality and quantities
of groundwater sufficient to provide for a beneficial use. An aquifer
can be composed of unconsolidated sands and gravels, permeable sedimentary
rocks such as sandstones and limestones, and/or heavily fractured
volcanic and crystalline rocks. Groundwater within an aquifer can
be confined, unconfined, or perched.
(5) Area land use map--A map that identifies property
lines, permanent odor sources, and distances and direction to any
occupied residence or business structure, school (including associated
recreational areas), permanent structure containing a place of worship,
or public park within a one-mile radius of the permanent odor sources
at the animal feeding operation. The map shall include the north arrow,
scale of map, buffer distances, and date that the map was generated
and the date that the distances were verified.
(6) Beneficial use--Application of manure, sludge,
or wastewater to land in a manner that does not exceed the agronomic
need or rate for a harvested or cover crop. Application of manure,
sludge, or wastewater on the land at a rate below or equal to the
optimal agronomic rate is considered a beneficial use.
(7) Best management practices (BMPs)--The schedule
of activities, prohibitions of practices, maintenance procedures,
and other management and conservation practices to prevent or reduce
the pollution of water in the state. BMPs also include treatment requirements,
operating procedures, and practices to control site runoff, spillage
or leaks, sludge, land application, or drainage from raw material
storage.
(8) Bypass--The intentional diversion of waste streams
from any portion of a treatment facility.
(9) Catastrophic conditions--Conditions that cause
structural or mechanical damage to the animal feeding operation from
natural events including high winds, tornadoes, hurricanes, earthquakes,
or other natural disasters, other than rainfall events.
(10) Certified nutrient management specialist--An organization
in Texas or an individual who is currently certified as a nutrient
management specialist through a United States Department of Agriculture-Natural
Resources Conservation Service, Texas Certified Crop Advisor's Board
or Texas AgriLife Extension Service recognized certification program.
(11) Chronic or catastrophic rainfall event--A series
of rainfall events that do not provide opportunity for dewatering
a retention control structure and that are equivalent to or greater
than the design rainfall event or any single rainfall event that is
equivalent to or greater than the design rainfall event.
(12) Certified water quality management plan--A site-specific
plan for agricultural or silvicultural lands that includes appropriate
land treatment practices, production practices, management measures,
technologies, or combinations thereof that when implemented, will
achieve a level of pollution prevention or abatement determined by
the Texas State Soil and Water Conservation Board, in consultation
with the local Soil and Water Conservation District, to be consistent
with state water quality standards.
(13) Comprehensive Nutrient Management Plan (CNMP)--A
resource management plan containing a grouping of conservation practices
and management activities that, when implemented in a conservation
system, will help ensure that both agricultural production goals are
achieved, and natural resource concerns dealing with nutrient and
organic by-products and their adverse impacts on water quality are
minimized.
(14) Concentrated animal feeding operation (CAFO)--Any
animal feeding operation (AFO) defined as follows:
(A) Large CAFO--Any AFO that stables or confines and
feeds or maintains for a total of 45 days or more in any 12-month
period equal to or more than the numbers of animals specified in any
of the following categories:
(i) 1,000 cattle other than mature dairy cattle or
veal calves. Cattle includes, but is not limited to, heifers, steers,
bulls, and cow/calf pairs;
(ii) 1,000 veal calves;
(iii) 700 mature dairy cattle (whether milkers or dry
cows);
(iv) 2,500 swine, each weighing 55 pounds or more;
10,000 swine, each weighing less than 55 pounds;
(v) 500 horses;
(vi) 10,000 sheep or lambs;
(vii) 55,000 turkeys;
(viii) 125,000 chickens (other than laying hens, if
the operation does not use a liquid manure handling system);
(ix) 30,000 laying hens or broilers (if the operation
uses a liquid manure handling system), or 82,000 laying hens (if the
operation does not use a liquid manure handling system); or
(x) 5,000 ducks (if the operation uses a liquid manure
handling system), or 30,000 ducks (if the operation does not use a
liquid manure handling system).
(B) Medium CAFO--Any AFO that discharges pollutants
into water in the state either through a man-made ditch, flushing
system, or other similar man-made device, or directly into water in
the state with the following number of animals:
(i) 300 to 999 cattle other than mature dairy cattle
or veal calves. Cattle includes, but is not limited to, heifers, steers,
bulls, and cow/calf pairs;
(ii) 200 to 699 mature dairy cattle (whether milking
or dry cows);
(iii) 300 to 999 veal calves;
(iv) 750 to 2,499 swine each weighing 55 pounds or
more, or 3,000 to 9,999 swine each weighing less than 55 pounds;
(v) 150 to 499 horses;
(vi) 3,000 to 9,999 sheep or lambs;
(vii) 16,500 to 54,999 turkeys;
(viii) 37,500 to 124,999 chickens (other than laying
hens if the operation does not use a liquid manure handling system);
(ix) 9,000 to 29,999 laying hens or broilers (if the
operation uses a liquid manure handling system), or 25,000 to 81,999
laying hens (if the operation does not use a liquid manure handling
system); or
(x) 1,500 to 4,999 ducks (if the operation uses a liquid
manure handling system), or 10,000 to 29,999 ducks (if the operation
does not use a liquid manure handling system).
(C) Small CAFO--Any AFO that is designated by the executive
director as a CAFO because it is a significant contributor of pollutants
into or adjacent to water in the state and is not a large or medium
CAFO.
(D) State-only CAFO--An AFO that falls within the range
of animals in subparagraph (B) of this paragraph and that is located
in the dairy outreach program areas or an AFO designated by the executive
director as a CAFO because it is a significant contributor of pollutants
into or adjacent to water in the state. A state-only CAFO is authorized
under state law.
(15) Control facility--Any system used for the collection
and retention of manure, sludge, or wastewater at the permitted facility
until their ultimate use or disposal. This includes all collection
ditches, conduits, and swales for the collection of manure, sludge,
or wastewater, and all retention control structures.
(16) Cooling Pond--A shallow man-made structure filled
with water for the specific purpose to keep animals cool and promote
animal comfort.
(17) Crop removal--The amount of nutrients contained
in and removed by harvest of the adopted crop.
Cont'd... |
