| (a) The purpose of this section is to describe the
land application requirements that apply to concentrated animal feeding
operations (CAFOs).
(b) The land application of manure, sludge, or wastewater
at agronomic rates and hydrologic needs shall not be considered surface
disposal and is not prohibited.
(c) Manure, sludge, or wastewater may be applied to
the areas in the 100-year flood plain at agronomic rates not to exceed
the hydrologic needs of the crop.
(d) Discharge of manure, sludge, or wastewater from
a land management unit (LMU) is prohibited and shall not cause or
contribute to a violation of surface water quality standards, contaminate
groundwater, or create a nuisance condition.
(e) Irrigation practices shall be managed so as to
minimize ponding or puddling of wastewater on the site, prevent tailwater
discharges to waters in the state, and prevent the occurrence of nuisance
conditions.
(f) Land application shall not occur when the ground
is frozen or saturated or during rainfall events unless in accordance
with §321.39(b)(3) of this title (relating to Operational Requirements
Applicable to Concentrated Animal Feeding Operations (CAFOs)) or as
approved by the commission.
(g) The CAFO operator shall not locate a new LMU within
the required well buffer zones identified in §321.38(b) of this
title (relating to Control Facility Design Requirements Applicable
to Concentrated Animal Feeding Operations (CAFOs)), unless additional
wellhead protective measures are implemented that will prevent pollutants
from entering the well and contaminating groundwater. An exception
to the full well buffer zone for a private drinking water well or
a water well used exclusively for agricultural irrigation may be approved
by the executive director if a licensed Texas professional engineer
or licensed Texas professional geoscientist provides accurate documentation
showing that additional wellhead protective measures will be or have
been implemented that will prevent pollutants from entering the well
and contaminating groundwater. Additional protective measures may
include a sanitary seal, annular seal, a steel sleeve, or surface
slab.
(h) Vegetative buffer strips shall be maintained in
accordance with Natural Resources Conservation Service (NRCS) Practice
Standard Code 393. The minimum buffer shall be no less than 100 feet
of vegetation to be maintained between manure, sludge, or wastewater
application areas and water in the state. A buffer is not required
for wastewater irrigation when applied by low-pressure, low-profile
center pivot irrigation systems in areas of the state where the annual
average rainfall is less than 25 inches per year. Land application
of manure, sludge, and wastewater into surface water in the state
is an unauthorized discharge and is prohibited.
(i) CAFOs introducing wastewater or chemicals to water
wellheads for the purpose of irrigation shall install backflow prevention
devices in accordance with requirements contained in 16 TAC Chapter
76 (relating to Water Well Drillers and Water Well Pump Installers)
and Chapter 290 of this title (relating to Public Drinking Water),
as appropriate.
(j) Nighttime application of manure, sludge, or wastewater
by a CAFO shall be allowed only in areas with no occupied residence(s)
within 1/4 mile from the outer boundary of the actual area receiving
manure, sludge, or wastewater application. In areas with an occupied
residence within 1/4 mile from the outer boundary of the actual area
receiving manure, sludge, or wastewater application, application shall
only be allowed from one hour after sunrise until one hour before
sunset, unless the current resident owner or lessee of such residences
have agreed in writing to specified nighttime applications.
(k) Nutrient requirement.
(1) Any land application of manure, sludge, and wastewater
shall not exceed the planned crop requirements. Land application rates
of manure, sludge, or wastewater shall be based on the total nutrient
concentration, on a dry weight basis, where applicable.
(2) Critical phosphorus level. Land application of
manure, sludge, or wastewater shall not exceed the crop removal rate
when results of the annual soil analysis for extractable phosphorus
indicate:
(A) a level greater than 200 parts per million (ppm)
for a particular LMU; or
(B) a level greater than 350 ppm for an LMU where the
average annual rainfall is 25 inches or less and erosion control is
adequate to keep erosion at the soil loss tolerance (T) or less and
the closest edge of the field is more than one mile from a named stream;
or
(C) if ordered by the executive director to do so in
order to protect water in the state.
(3) Dairy CAFOs located in a major sole-source impairment
zone shall develop a nutrient utilization plan (NUP) when the annual
soil analysis for extractable phosphorus in zone 1 (0 - 6-inch incorporated;
0 - 2 or 2 - 6-inch if not incorporated) depth in an LMU is greater
than 200 ppm. State-only CAFOs shall develop a NUP when the annual
soil analysis for an LMU indicates the critical phosphorus levels
in paragraph (2) of this subsection have been exceeded. A nutrient
management plan, based on crop removal certified as meeting the NRCS
Practice Standard Code 590 is equivalent to the requirements for a
NUP.
(A) If an operator is required to develop a NUP, the
operator shall cease land application of manure, sludge, or wastewater
to the affected area and may resume only after a NUP is implemented.
(B) The NUP must be developed and certified by:
(i) an employee of the NRCS;
(ii) a nutrient management specialist certified by
the NRCS;
(iii) the Texas State Soil and Water Conservation Board;
(iv) Texas AgriLife Extension Service;
(v) an agronomist or soil scientist on full-time staff
at an accredited university located in the State of Texas;
(vi) a Certified Professional Agronomist certified
through the certification program of the American Society of Agronomy;
(vii) a Certified Professional Soil Scientist certified
through the certification program of the Soil Science Society of America;
or
(viii) a licensed geoscientist-soil scientist in Texas
after approval by the executive director based on a determination
by the executive director that another person or entity identified
in this subparagraph cannot develop the plan in a timely manner.
(C) After a NUP is implemented, the operator shall
land apply in accordance with the NUP until soil phosphorus is reduced
below the critical phosphorus level. Thereafter, the operator of a
dairy CAFO located in a major sole-source impairment zone shall implement
the requirements of the nutrient management plan certified in accordance
with §321.36(c) of this title (relating to Texas Pollutant Discharge
Elimination System General Requirements for Concentrated Animal Feeding
Operations (CAFOs)) and the operator of other state-only CAFOs must
follow the requirements in this section.
(D) Land application under the terms of the NUP may
begin 30 days after the plan is filed with the executive director,
unless before that time the executive director has returned the plan
for failure to comply with all the requirements of this subsection.
(l) Runoff from an LMU. Where manure, sludge, or wastewater
is applied in accordance with a site-specific nutrient management
plan that complies with §321.36(c) of this title or when the
land application conforms to this section, precipitation-related runoff
from LMUs is authorized as:
(1) a pollutant discharge if the source is land associated
with a CAFO in a major sole-source impairment zone; or
(2) an agricultural stormwater discharge for all other
sources.
(m) Sampling and Testing.
(1) Initial sampling. Before commencing land application
of manure, sludge, or wastewater on LMUs and before resuming land
application on LMUs where manure, sludge, or wastewater was not applied
during the preceding year, the operator shall:
(A) collect and analyze at least one representative
sample of manure, sludge (if applicable), and wastewater for total
nitrogen, total phosphorus, and total potassium;
(B) collect and analyze at least one representative
soil sample from each LMU according to the procedures in paragraphs
(4) and (5) of this subsection; and
(C) utilize the results of these analyses in determining
application rates for manure, sludge, and wastewater.
(2) Annual Sampling. The operator shall:
(A) collect and analyze at least one representative
sample of manure, sludge (if applicable), and wastewater for total
nitrogen, total phosphorus, and total potassium;
Cont'd... |
