| (C) The owner or operator of the animal feeding operation
meets the requirements of subsection (c) of this section.
(D) The SWCD has approved the CNMP as including the
entire conservation management unit.
(E) The CNMP was developed by a technical service provider
certified by the NRCS to develop CNMPs or the NRCS Field Office has
approved the CNMP as meeting the requirements of the NRCS - FOTG for
a Resource Management System.
(2) Withdrawal of Certification. The State Board may
withdraw certification of any CNMP which, in consultation with the
SWCD, has been demonstrated to be deficient in one or more of the
conditions established under paragraph (1) of this subsection or if
the holder of the CNMP fails to implement the CNMP in accordance with
subsection (i) of this section.
(g) Technical Criteria and Programmatic Guidance for
Comprehensive Nutrient Management Planning. The technical criteria
and specific practice standards considered as components of comprehensive
nutrient management planning are based on the criteria in the NRCS
- FOTG; however, modification of those practice standards to ensure
consistency with state water quality standards, state water quality
laws regarding animal feeding operations, and the state agricultural
and silvicultural nonpoint source management program will be made
by the State Board as necessary. The State Board will adopt and maintain
Technical Criteria and Programmatic Guidance for Comprehensive Nutrient
Management Planning to ensure consistency with state water quality
standards, state water quality laws regarding animal feeding operations,
and the state agricultural and silvicultural nonpoint source management
program.
(h) Environmental Stewardship Programs for Owners and/or
Operators of Animal Feeding Operations. The State Board may enter
into agreements with entities administering programs who request that
participants of such programs receive certification in accordance
with subsection (f) of this section as a programmatic requirement
if the State Board determines that the program is consistent with
the state agricultural and silvicultural nonpoint source management
program and all other State Board policies.
(i) Implementation Schedule. A CNMP must contain an
implementation schedule.
(1) The implementation schedule will, as far as is
practicable, balance the state's need for protecting water quality
with the need of agricultural producers to have sufficient time to
implement practices in an economically feasible manner.
(2) Highest priority will be given to the implementation
of the most cost effective and most needed pollution abatement practices.
(3) The State Board in consultation with the local
SWCDs will conduct an annual status review of plan implementation.
(4) The State Board in consultation with the local
SWCDs may withdraw certification of a CNMP that is not being implemented
in accordance with its schedule. Prior to certification being withdrawn,
a landowner will be notified and be given a reasonable period of time
to implement the CNMP according to the schedule or a modified schedule
approved by the SWCD.
(5) The holder of a certified CNMP shall notify the
local SWCD in the event he or she deviates from the implementation
schedule.
(j) Applicability of State Water Quality Standards.
To the extent allowed by available technology, CNMP development, approval
and certification will be based on state water quality standards as
established by the Texas Commission on Environmental Quality.
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