| (49) Protection zone--The area within the watershed
of a sole-source surface drinking water supply that is:
(A) within two miles of the normal pool elevation,
as shown on a United States Geological Survey (USGS) 7 1/2-minute
quadrangle topographic map, of a sole-source drinking water supply
reservoir;
(B) within two miles of that part of a perennial stream
that is:
(i) a tributary of a sole-source drinking water supply;
and
(ii) within three linear miles upstream of the normal
pool elevation, as shown on a USGS 7 1/2-minute quadrangle topographic
map, of a sole-source drinking water supply reservoir; or
(C) within two miles of a sole-source surface drinking
water supply river, extending three linear miles upstream from the
sole-source water supply intake point.
(50) Recharge feature--Those natural or artificial
features either on or beneath the ground surface at the site under
evaluation that provide or create a significant hydrologic connection
between the ground surface and the underlying groundwater within an
aquifer. Significant artificial features include, but are not limited
to, wells and excavation or material pits. Significant natural hydrologic
connections include, but are not limited to: faults, fractures, sinkholes,
or other macro pores that allow direct surface infiltration; a permeable
or shallow soil material that overlies an aquifer; exposed geologic
formations that are identified as an aquifer; or a water course bisecting
an aquifer.
(51) Retention control structure (RCS)--Any basin,
pond, pit, tank, conveyance, or lagoon used to hold, store, or treat
manure, wastewater, and sludge. The term RCS does not include conveyance
systems such as irrigation piping or ditches that are designed and
maintained to convey but not store any manure, or wastewater, nor
does it include cooling ponds located in the production area.
(52) Significant expansion of concentrated animal feeding
operation (CAFO)--Any change to a CAFO that increases the manure production
at the CAFO by more than 50%, above the maximum operating capacity
stated in the initial authorization for the facility under TXG920000.
(53) Sludge--Solid, semi-solid, or slurry manure generated
during the treatment of or storage of any manure or wastewater. The
term includes material resulting from treatment, coagulation, or sedimentation
of manure in a retention control structure. Chapter 312 of this title
(relating to Sludge Use, Disposal, and Transportation) rules covering
sludge do not apply to this subchapter.
(54) Soil Plant Air and Water (SPAW) Field Pond Hydrology--SPAW
is a Natural Resources Conservation Service (NRCS) water budgeting
tool for farm fields, ponds, and inundated wetlands. The SPAW model
may be used to perform daily hydrologic water budgeting using the
NRCS Runoff Curve Number method.
(55) Sole-source surface drinking water supply--A body
of surface water that is identified as a public water supply in §307.10
of this title (relating to Appendices A - E) and is the sole source
of supply of a public water supply system, exclusive of emergency
water connections.
(56) Substantial change--The following changes to the
terms of the Nutrient Management Plan are considered substantial;
other changes are considered non-substantial:
(A) changing animal type or authorized head count;
(B) adding Land Management Units or increasing application
acreage; and
(C) using a crop or yield goal to determine maximum
application rates for manure, sludge or wastewater that is not authorized
by the permit or authorization.
(57) Technical service provider--An individual, entity,
or public agency certified and placed on an approved list by the Natural
Resources Conservation Service (NRCS) to provide technical services
to program participants or the NRCS.
(58) Twenty-five-year, ten-day rainfall event--The
maximum rainfall event with a probable recurrence interval of once
in 25 years, with a duration of ten days, as defined by the National
Weather Service in Technical Paper Number 49 United States Weather
Bureau and United States Department of Agriculture, Two-to-Ten Day
Precipitation for Return Periods of 2 to 100 Years in the Contiguous
United States (1964); or equivalent regional or state rainfall information.
(59) Twenty-five-year, 24-hour rainfall event--The
maximum rainfall event with a probable recurrence interval of once
in 25 years, with a duration of 24 hours, as defined by the National
Weather Service in Technical Paper Number 40, "Rainfall Frequency
Atlas of the United States," May 1961; or equivalent regional or state
rainfall information.
(60) United States Department of Agriculture (USDA)--Natural
Resources Conservation Service (NRCS)--An agency of the United States
Department of Agriculture that provides assistance to agricultural
producers for planning and installation of conservation practices
through conservation and technical programs.
(61) Upset--An exceptional incident where there is
unintentional and temporary noncompliance with technology based permit
effluent limitations because of factors beyond the reasonable control
of the permittee. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation.
(62) Wastewater--Any water, including process-generated
wastewater and precipitation, which comes into contact with any manure,
sludge, bedding, or any raw material or intermediate or final material
or product used in or resulting from the production of livestock or
poultry or direct products (e.g., milk, meat, or eggs).
(63) Water in the state--Groundwater, percolating or
otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers,
streams, creeks, estuaries, wetlands, marshes, inlets, canals, the
Gulf of Mexico, inside the territorial limits of the state, and all
other bodies of surface water, natural or artificial, inland or coastal,
fresh or salt, navigable or nonnavigable, and including the beds and
banks of all watercourses and bodies of surface water, that are wholly
or partially inside or bordering the state or inside the jurisdiction
of the state.
(64) Well--Any artificial excavation into or below
the surface of the earth whether in use, unused, abandoned, capped,
or plugged that may be further described as one or more of the following:
(A) an excavation designed to explore for, produce,
capture, recharge, or recover water, any mineral, compound, gas, or
oil from beneath the land surface;
(B) an excavation designed for the purpose of monitoring
any of the physical or chemical properties of water, minerals, geology,
or geothermal properties that exist or may exist below the land surface;
(C) an excavation designed to inject or place any liquid,
solid, gas, vapor, or any combination of liquid, solid, gas, or vapor
into any soil or geologic formation below the land surface; or
(D) an excavation designed to lower a water or liquid
surface below the land surface either temporarily or permanently for
any reason.
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