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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 321CONTROL OF CERTAIN ACTIVITIES BY RULE
SUBCHAPTER BCONCENTRATED ANIMAL FEEDING OPERATIONS
RULE §321.38Control Facility Design Requirements Applicable to Concentrated Animal Feeding Operations (CAFOs)

      (ii) to maintain sufficient volume to contain rainfall and rainfall runoff from the design rainfall event without overflow. The depth for this volume must be at least one vertical foot allocated within the RCS above the volume required in clause (i) of this subparagraph.

(f) Dewatering system. An irrigation system or other liquid removal system used by an AFO must be designed to ensure that the system is capable of dewatering the RCSs on a regular schedule. RCSs shall be equipped with irrigation or wastewater removal systems capable of dewatering the RCSs whenever needed to restore the operating capacity. Dewatering equipment shall be maintained in proper working order.

(g) RCS embankment and liner design.

  (1) For RCSs where the depth of water impounded against the embankment at the spillway elevation is three feet or more, the RCS is considered to be designed with an embankment. The pollution prevention plan shall include a description of the design specifications for the RCS embankments. The following design specifications are required for all new construction or the modified portions of existing RCSs.

    (A) Soils used in the embankment shall be free of foreign material such as rocks larger than four inches, trash, brush, and fallen trees.

    (B) The embankment shall be constructed in lifts or layers no more than eight inches compacted to six inches thick at a minimum compaction effort of 95% Standard Proctor Density (ASTM D698) at -1% to +3% optimum moisture content.

    (C) All embankment walls shall be stabilized to prevent erosion or deterioration.

    (D) Embankment construction must be accompanied by certified compaction tests including in-place density and moisture in accordance with ASTM D1556, D2167, or D2937 for density and D2216, D4634, D4944, or D4959 for moisture, and D2922-91 or D6938-07 for moisture and density, or equivalent testing standards.

    (E) Additional protection for new or modified portions of existing RCSs that are constructed with embankments designed to contain runoff from a drainage area shall be constructed with a spillway or other outflow device properly sized according to NRCS design and specifications to protect the integrity of the embankment.

    (F) For all new construction or the modified portions of existing RCSs, each RCS must have a minimum of two vertical feet of freeboard constructed with materials equivalent to those used at the time of design and construction between the top of the embankment and the structure's spillway. RCSs without spillways must have a minimum of two vertical feet of freeboard between the top of the embankment and the required storage capacity.

  (2) For all new construction and for all structural modifications of existing RCSs, each RCS must meet the requirements for lack of hydrologic connection or have a liner consistent with subparagraph (B), (C), or (D) of this paragraph.

    (A) This subparagraph applies to lack of hydrologic connection requirements. Documentation must show that there will be no significant leakage from the RCS; or that any leakage from the RCS will not migrate to water in the state. A permit or authorization will require documentation of the lack of hydrologic connection certified by a licensed Texas professional engineer or licensed Texas professional geoscientist and must include information on the hydraulic conductivity and thickness of the natural materials underlying and forming the walls of the containment structure up to the wetted perimeter. If it is claimed that no significant leakage would result from the use of in-situ materials, documentation must be provided that leakage will not migrate to waters in the state. The operator must at a minimum include maps showing groundwater flow paths, or that the leakage enters a confined environment. A permit or authorization will require a written determination by an NRCS engineer, a licensed Texas professional engineer or a licensed Texas professional geoscientist that a liner is not needed to prevent a significant hydrologic connection between the contained wastewater and waters in the state.

    (B) This subparagraph applies to RCS liners using in-situ material. In-situ material is undisturbed, in-place, native soil material. In-situ materials must at least meet the minimum criteria for hydraulic conductivity, thickness, and calculated specific discharge, as described in subparagraph (C) of this paragraph. Samples shall be collected and analyzed in accordance with subparagraph (E) of this paragraph. This documentation must be certified by a licensed Texas professional engineer or licensed Texas professional geoscientist.

    (C) This subparagraph applies to constructed or installed earthen liners. Constructed or installed liners must be designed by a licensed Texas professional engineer. The liner must be constructed in accordance with the design and certified as such by a licensed Texas professional engineer. Compaction tests and post construction sampling and analyses will provide support for the liner certification. Liners shall be designed and constructed to have hydraulic conductivities no greater than 1 x 10-7 centimeters per second (cm/sec), with a thickness of 1.5 feet or greater or its equivalency in other materials, and not to exceed a specific discharge through the liner of 1.1 x 10-6 cm/sec calculated using Darcy's Law with the water level at the spillway depth. Constructed or installed liners must be designed and constructed to meet the soil requirements, lift requirements, and compaction testing requirements identified in the permit or authorization. The operator shall maintain the liner to minimize the percolation of wastewater through the liner.

    (D) This subparagraph applies to geosynthetic liners. Geosynthetic liners that meet the specific discharge requirements in subparagraph (C) of this paragraph are acceptable if certified by a licensed Texas professional engineer. Documentation must be presented to the executive director for review and approval before putting into service. Installation of the liner shall be certified by a licensed professional engineer that the liner and subgrade were completed according to the manufacturer's recommendations and current standards. Seams shall be completed in accordance with the manufacturer's requirement. When wedge weld seams are used, non-destructive seam testing shall be conducted on the complete length of the wedge weld by standard air pressure testing. The certification must document compliance with all of the following standards: ASTM D5888 Storage and Handling of Geosynthetic Clay Liners, ASTM D5889 Quality Control of Geosynthetic Clay Liners, and ASTM D6102 Guide for Installation of Geosynthetic Clay Liners.

    (E) This subparagraph applies to liner sampling and analyses of in-situ material and earthen liners.

      (i) The licensed Texas professional engineer or licensed Texas professional geoscientist shall use best professional practices to ensure that corings or other liner samples will be appropriately plugged with material that also meets liner requirements of this subsection.

      (ii) Samples shall be collected in accordance with ASTM D1587 or other method approved by the executive director. For each RCS, a minimum of two core samples collected from the bottom of the RCS and a minimum of at least one core sample from each sidewall. Additional samples may be necessary based on the best professional judgment of the licensed professional engineer. Distribution of the samples shall be representative of liner characteristics, and proportional to the surface area of the sidewalls and floor. Documentation shall be provided identifying the sample locations with respect to the RCS liner.

      (iii) For earthen liners, undisturbed samples shall be analyzed for hydraulic conductivity in accordance with ASTM D5084, whole pond seepage analysis as described in ASABE Paper Number 034130, Double Ring Infiltrometer (stand pipe), or other method approved by the executive director.

    (F) A permit or authorization shall include provisions whereby the executive director may, upon written notice, require the operator to install a leak detection system or monitoring well(s), based upon a determination that significant potential exists for the contamination of water in the state or drinking water.

    (G) Documentation of lack of hydrologic connection, liner, and capacity certifications by a licensed Texas professional engineer or licensed Texas professional geoscientist must be completed for each RCS and kept on site.

(h) Manure storage. The AFO operator shall provide manure storage capacity based upon manure and waste production, land availability, and the NRCS Field Office Technical Guide or equivalent standards. When manure is stockpiled, it shall be stored in a well-drained area with no ponding of water, and the top and sides of stockpiles shall be adequately sloped to ensure proper drainage. Runoff from manure storage piles must be retained on site. If the manure areas are not roofed or covered with impermeable material, protected from external rainfall, or bermed to protect from runoff in the case of the design rainfall event, the manure areas must be located within the drainage area of the RCS and accounted for in the design calculations of the RCS.


Source Note: The provisions of this §321.38 adopted to be effective April 1, 1987, 12 TexReg 904; 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

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