| (a) Purpose. The purpose of this section is to describe
the operational requirements that apply to concentrated animal feeding
operations (CAFOs). Any CAFO operator that does not use a retention
control structure (RCS) is not subject to subsections (b) and (c)
of this section.
(b) RCS operation and maintenance. A CAFO using an
RCS for storage and treatment of stormwater, sludge, or process-generated
wastewater, including liquid manure handling systems, shall ensure
that the required capacity in the RCS is available to contain rainfall
and rainfall runoff from the design rainfall event.
(1) The operator shall restore such capacity after
each rainfall event or accumulation of manure, sludge, or process-generated
wastewater that reduces such capacity, when conditions are favorable
for irrigation. Favorable conditions shall be when the soil moisture
level decreases so that irrigation will not cause runoff.
(2) The normal operating wastewater level in the RCS
shall be maintained in accordance with the design of the RCS. If the
water level in the RCS encroaches into the storage volume reserved
for the design rainfall event, the operator must document the conditions
that resulted in this occurrence. As soon as irrigation is allowed,
the CAFO operator shall irrigate until the water level is at or below
the design rainfall level.
(3) If an RCS is in danger of imminent overflow from
chronic or catastrophic rainfall or catastrophic conditions, the CAFO
operator shall take reasonable steps to irrigate wastewater to land
management units (LMUs) only to the extent necessary to prevent overflow
from the RCS. If irrigation results in a discharge from an LMU, the
CAFO operator shall collect samples from the drainage pathway at the
point of discharge from the LMU, analyze the samples for the parameters
identified in §321.44(b)(1) of this title (relating to Concentrated
Animal Feeding Operation (CAFO) Notification Requirements), and provide
the appropriate notifications in accordance with §321.44(a) of
this title. The operator shall orally notify the appropriate regional
office within 24 hours of beginning irrigation under this provision
and in writing within 14 working days.
(4) A rain gauge capable of measuring the design rainfall
event shall be installed and properly maintained.
(5) The CAFO operator shall maintain the liner to inhibit
infiltration of wastewater. The CAFO operator shall ensure liners
and embankments are protected from animals by fences or other protective
devices. No tree shall be allowed to grow such that the root zone
would intrude or compromise the structure of the liner or embankment.
Any mechanical or structural damage to the liner or embankment shall
be evaluated by a licensed Texas professional engineer within 30 days
following discovery of the damage. For re-certification of an earthen
liner following mechanical or structural damage, a minimum of one
sample shall be collected and analyzed to document that the liner
meets the requirements of the liner certification for that RCS prior
to the damage.
(6) The CAFO operator shall install and maintain a
permanent pond marker in the RCS, visible from the top of the embankment
that identifies, either physically or by documentation in the pollution
prevention plan, the volume required for the design rainfall event
and minimum treatment volume, in accordance with §321.43(j)(3)(B)
of this title (relating to Air Standard Permit for Animal Feeding
Operations (AFOs)).
(c) Sludge. The CAFO operator shall monitor sludge
accumulation and depth in an RCS, as necessary, based upon the design
sludge storage volume in the RCS.
(1) Sludge shall be removed from the RCSs in accordance
with the design schedule for cleanout to prevent the accumulation
of sludge from encroaching on the volumes reserved for minimum treatment,
if necessary, and the design rainfall event.
(2) The operator shall provide written notice to the
appropriate regional office of the commission as soon as the RCS cleaning
is scheduled, but not less than ten business days prior to cleaning.
The operator shall also provide written verification of completion
to the same regional office within five business days after the cleaning
is complete. This paragraph does not apply to cleaning of solid separators
or settling basins. Removal of sludge shall be conducted during favorable
wind conditions that carry odors away from nearby receptors. Any increase
in odors associated with a properly managed cleanout under this subsection
will be taken into consideration by the executive director when determining
compliance with the provisions of this subchapter.
(d) Spill prevention and recovery. The CAFO operator
shall take appropriate measures necessary to prevent spills and to
clean up spills of any toxic pollutant. Where potential spills can
occur, materials, handling procedures, and storage shall be specified.
The CAFO operator shall identify the procedures for cleaning up spills
and shall make available the necessary equipment to personnel to implement
a cleanup. The CAFO operator shall store, use, and dispose of all
pesticides in accordance with label instructions. There shall be no
disposal of pesticides, solvents or heavy metals, or of spills or
residues from storage or application equipment or containers, into
RCSs. Incidental amounts of such substances entering an RCS as a result
of stormwater transport of properly applied chemicals is not a violation
of this section.
(e) Storage of manure and sludge. A permit or authorization
will establish requirements for the temporary storage of manure, or
sludge not to exceed 30 days, and requirements for permanent storage
for more than 30 days. Temporary storage of manure and sludge in the
100-year flood plain, near water courses, or near recharge features
is prohibited, unless protected from inundation and damage that may
occur during the 100-year runoff event. Contaminated runoff from manure
storage piles must be retained on site. If the manure areas are not
roofed or covered with impermeable material, protected from external
rainfall, or bermed to protect from runoff in the case of the design
rainfall event, the manure areas must be located within the drainage
area of the RCS and accounted for in the design calculations of the
RCS.
(f) Composting. Composting on site at a CAFO shall
be performed in accordance with Chapter 332 of this title (relating
to Composting). CAFOs may compost manure, sludge, and dead animals
generated on site. In accordance with Chapter 332 of this title, a
CAFO operator may add agricultural products to provide an additional
carbon source or bulking agent to aid in the composting process. If
the compost areas are not roofed or covered with impermeable material,
protected from external rainfall, or bermed to protect from runoff
in the case of the design rainfall event, the compost areas must be
located within the drainage of the RCS and must be shown on the site
plan and accounted for in the RCS design calculations.
(g) Maintenance of animals.
(1) Animals confined at the CAFO shall be restricted
from coming into direct contact with surface water in the state through
the use of fences or other controls.
(2) A CAFO that maintains animals in pastures must
maintain crops, vegetation, forage growth, or post-harvest residues
in the normal growing season, excluding the feed and water trough
areas.
(3) Carcass disposal. Carcasses shall be collected
within 24 hours of death and properly disposed of within three days
of death in accordance with Texas Water Code, Chapter 26; Texas Health
and Safety Code, Chapter 361; and Chapter 335 of this title (relating
to Industrial Solid Waste and Municipal Hazardous Waste), unless otherwise
provided for by the commission. Animals must not be disposed of in
any liquid manure or process wastewater system. Disposal of diseased
animals shall also be conducted in a manner that prevents a public
health hazard in accordance with Texas Agriculture Code, §161.004,
and 4 TAC §§31.3, 58.31(b), and 59.12 (relating to Disposal,
Disposal of Diseased or Exposed Livestock, and Carcass Disposal Requirements,
respectively). Carcass disposal shall be addressed in the potential
pollutant sources section of the pollution prevention plan with management
practices to prevent contamination of surface or groundwater, control
access, and minimize odors.
(h) Closure required.
(1) The operator shall submit a closure plan to the
executive director and the appropriate regional office within 90 days
of permanently ceasing operations.
(2) The closure plan must be developed and certified
by a licensed Texas professional engineer to meet the standards contained
in the NRCS Practice Standard Code 360 (Closures of Waste Impoundments),
and using the guidelines contained in the Texas AgriLife Extension
Service/NRCS publication #B-6122 (Closure of Lagoons and Earthen Manure
Storage Structures).
(3) The RCS or CAFO shall be properly closed within
one year of Texas Commission on Environmental Quality receipt of the
closure plan or an alternate schedule approved by the executive director.
The RCS or CAFO is considered properly closed upon certification by
a licensed Texas professional engineer that closure is complete according
to the closure plan.
(4) The operator shall maintain or renew its existing
authorization and maintain compliance with the requirements of this
subchapter until the facility is properly closed.
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| Source Note: The provisions of this §321.39 adopted to be effective April 1, 1987, 12 TexReg 904; amended to be effective September 18, 1998, 23 TexReg 9354; amended to be effective July 27, 1999, 24 TexReg 5721; amended to be effective March 6, 2002, 27 TexReg 1511; amended to be effective September 1, 2003, 28 TexReg 6302; amended to be effective July 15, 2004, 29 TexReg 6652; amended to be effective July 31, 2014, 39 TexReg 5786 |
