| (18) Crop requirement--The amount of nutrients that
must be present in the soil in order to ensure that the crop nutrient
needs are met, while accounting for nutrients that may become unavailable
to the crop due to adsorption to soil particles or other natural causes.
(19) Dairy outreach program areas--The area including
all of the following counties: Bosque, Comanche, Erath, Hamilton,
Hopkins, Johnson, Rains, and Wood.
(20) Design rainfall event--A design parameter corresponding
to precipitation frequency values for a given rainfall duration and
return period based on United States Department of Commerce, Weather
Bureau, Technical Paper 40 or 49, May 1961.
(21) Dry litter poultry operation--A poultry animal
feeding operation that does not use a liquid manure handling system.
(22) Edwards Aquifer--As defined in §213.3 of
this title (relating to Definitions).
(23) Edwards Aquifer recharge zone--As defined in §213.3
of this title (relating to Definitions).
(24) Groundwater--Subsurface water that occurs below
the water table in soils and geologic formations that are saturated
other than underflow of a stream or an underground stream.
(25) Historical waste application field--An area of
land located in a major sole-source impairment zone that at any time
since January 1, 1995, has been owned or controlled by an operator
of a concentrated animal feeding operation (CAFO), and on which agricultural
manure or wastewater from a CAFO has been applied.
(26) Hydrologic connection--The connection and exchange
between surface water and groundwater.
(27) Lagoon--A retention control structure used for
the biological treatment of liquid organic manure. Lagoons can be
aerobic, anaerobic, or facultative depending on their design and can
be used in a series to produce a higher quality effluent. Treatment
volume must be included in the lagoon design.
(28) Land application--The act of applying manure,
sludge, or wastewater associated with the animal feeding operation
including distribution to, or incorporation into, the soil mantle
primarily for beneficial use purposes.
(29) Land management unit (LMU)--An area of land owned,
operated, controlled, rented, or leased by an animal feeding operation
(AFO) owner or operator where manure, sludge, or wastewater from the
AFO is or may be applied. This includes land associated with a single
center pivot system or a tract of land where similar soil characteristics
exist and similar management practices are being used. LMUs include
historical waste application fields. The term "land management unit"
does not apply to any lands not owned, operated, controlled, rented,
or leased by the AFO operator for the purpose of off-site land application
of manure, where the manure is given or sold to others for land application.
(30) Letter of consent--A document signed by the owner
or the authorized legal representative of the owner(s) of an occupied
residence or business structure, school (including associated recreational
areas), permanent structure containing a place of worship, or public
park, or a document signed by the governmental entity or the authorized
legal representative of the entity responsible for the operation of
a school or public park. The document specifically consents to location
and operation of permanent odor sources of an animal feeding operation
within the minimum buffer distance required under §321.43 of
this title (relating to Air Standard Permit for Animal Feeding Operations
(AFO)).
(31) Liner--Any barrier in the form of a layer; membrane;
or blanket; naturally existing, constructed, or installed, to prevent
a significant hydrologic connection between wastewater contained in
retention control structures and water in the state.
(32) Liquid manure handling system--A system in which
freshwater or wastewater is used for transporting and land applying
manure.
(33) Major sole-source impairment zone--A watershed
that contains a reservoir:
(A) that is used by a municipality as a sole source
of drinking water supply for a population, inside and outside of its
municipal boundaries, of more than 140,000; and
(B) at least half of the water flowing into is from
a source that, on September 1, 2001, is on the list of impaired state
waters adopted by the commission as required by 33 United States Code, §1313(d),
as amended:
(i) at least in part because of concerns regarding
pathogens and phosphorus; and
(ii) where the commission has developed and adopted
a total maximum daily load.
(34) Manure--Feces and/or urine excreted by livestock
and poultry. Manure includes litter, bedding, compost, feed, and other
raw materials commingled with feces and/or urine.
(35) New source--As defined in §305.2 of this
title (relating to Definitions). The criteria for new source determination
are located in §305.534(b) of this title (relating to New Sources
and New Dischargers).
(36) Nuisance--Any discharge of air contaminant(s),
including but not limited to odors of sufficient concentration and
duration that are or may tend to be injurious to or that adversely
affects human health or welfare, animal life, vegetation, or property,
or that interferes with the normal use and enjoyment of animal life,
vegetation, or property.
(37) Nutrient management plan (NMP)--A plan based on
the Natural Resources Conservation Service Practice Standard Code
590, for Texas, to address the amount, rate, source, placement, method
of application, and timing of the application of plant nutrients,
and soil amendments.
(38) Nutrient utilization plan (NUP)--A nutrient management
plan to evaluate and address site-specific characteristics of a land
management unit to ensure that the beneficial use of manure, sludge,
or wastewater is conducted in a manner to prevent adverse impacts
on water quality.
(39) One-hundred-year flood plain--Any land area that
is subject to a 1.0% or greater chance of flooding in any given year
from any source.
(40) Open lot--Pens or similar confinement areas with
dirt, concrete, or other paved or hard surfaces wherein livestock
or poultry are substantially or entirely exposed to the outside environment
except for small portions of the total confinement area affording
protection by windbreaks or small shed-type shade areas and that do
not sustain crops, vegetation, forage growth, or postharvest residues
in the normal growing season. For the purposes of this subchapter,
the term "open lot" is synonymous with the terms "dirt lot" or "dry
lot," for livestock or poultry, as these terms are commonly used in
the agricultural industry.
(41) Operational--The facility is constructed such
that animals may be stabled, confined, fed, and maintained in accordance
with the permit or authorization. The facility does not have to be
operating at the maximum number of animals allowed in the permit or
authorization.
(42) Operator--The owner or person responsible for
the overall operation of a facility or part of a facility, subject
to the provisions of this subchapter.
(43) Permanent odor sources--Those odor sources that
may emit odors 24 hours per day. For the purposes of this subchapter,
permanent odor sources include, but are not limited to, pens, confinement
buildings, lagoons, retention control structures, manure stockpile
areas, and solid separators. For the purposes of this subchapter,
permanent odor sources shall not include any feed handling facilities,
land application equipment, or land management units.
(44) Permittee--Any person issued an individual permit
or order or authorized under a general permit.
(45) Pesticide--A substance or mixture of substances
intended to prevent, destroy, repel, or mitigate any pest, or any
substance or mixture of substances intended for use as a plant regulator,
defoliant, or desiccant. Pesticide includes insecticides, nematicides,
rodenticides, fungicides, and herbicides.
(46) Playa--A flat-floored, clayey bottom of an undrained
basin that is located in an arid or semi-arid part of the state, is
naturally dry most of the year, and collects runoff from rain, but
is subject to rapid evaporation.
(47) Process-generated wastewater--Any water directly
or indirectly used in the operation of an animal feeding operation
(such as spillage or overflow from animal or poultry watering systems
that comes in contact with manure washing, cleaning, or flushing pens,
barns, manure pits; direct contact swimming, washing, or spray cooling
of animals; and dust control) including water used in or resulting
from the production of animals or poultry or direct products (e.g.,
milk, meat, or eggs).
(48) Production area--That part of an animal feeding
operation that includes, but is not limited to, the animal confinement
area, the manure storage area, the raw materials storage area, and
the control facilities.
Cont'd... |
