| (a) Discharge notification. If for any reason there
is a discharge to water in the state, the concentrated animal feeding
operation (CAFO) operator shall notify the appropriate regional office
orally within 24 hours of becoming aware of the discharge or by the
next business day and in writing within 14 business days of the discharge
from the retention control structure or any component of the manure
handling or land application system to the Office of Compliance and
Enforcement, Enforcement Division. In addition, the operator shall
document the following information, keep the information on site,
and submit the information to the appropriate regional office within
14 business days of becoming aware of such discharge. The notification
must include:
(1) a description and cause of the discharge, including
a description of the flow path to the receiving water body;
(2) an estimation of the volume discharged;
(3) the period of discharge, including exact dates
and times, and, if not corrected, the anticipated time the discharge
is expected to continue, and steps being taken to reduce, eliminate,
and prevent recurrence of the discharge;
(4) if caused by a precipitation event(s), the date(s)
of the event(s) and the rainfall amount(s) recorded from the on-site
rain gauge;
(5) results of analysis as required by subsection (b)
of this section; and
(6) any upset which exceeds any effluent limitation
in the permit or authorization.
(b) Discharge monitoring. A permit or authorization
will establish requirements for sample collection and analysis, sample
type and frequency, and the parameters to be monitored.
(1) The effluent shall be analyzed by a National Environmental
Laboratory Accreditation Conference accredited lab for the following
parameters:
(A) Escherichia coli;
(B) five-day biochemical oxygen demand (BOD 5);
(C) total suspended solids (TSS);
(D) Ammonia Nitrogen (as N);
(E) Nitrate (as N);
(F) total dissolved solids (TDS);
(G) total phosphorus (as P); and
(H) any pesticide which the operator has reason to
believe could be in the discharge.
(2) If the operator is unable to collect samples due
to climatic conditions that create dangerous conditions for personnel
(such as local flooding, high winds, hurricanes, tornadoes, electrical
storms, etc.), the operator shall document why discharge samples could
not be collected. Once dangerous conditions have passed, the operator
shall conduct the required sampling and analyses.
(3) In the event that a discharge occurs outside of
the normal business hours of the testing laboratory, which causes
the maximum hold time to lapse, the operator shall collect a secondary
sample from the retention control structure, and have it analyzed
on the first business day for each parameter where the maximum hold
time is exceeded.
(c) Construction notification. After all initial construction
activity has been completed, and before beginning operations, an operator
of a new CAFO must notify the appropriate regional office orally that
the facility is commencing operations.
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| Source Note: The provisions of this §321.44 adopted to be effective July 9, 1990, 15 TexReg 3639; amended to be effective September 18, 1998, 23 TexReg 9354; amended to be effective July 15, 2004, 29 TexReg 6652; amended to be effective July 31, 2014, 39 TexReg 5786 |
