| an explanation of the factors that prevented the correction
of the deficiencies. Any CAFO operator that does not use an RCS is
not subject to paragraphs (3) - (6) and (8) of this subsection. The
following records must be included unless otherwise specified:
(1) a list of any significant spills of potential pollutants
at the CAFO that have a significant potential to reach water in the
state;
(2) a log of wastewater, manure, and sludge removed
from the CAFO, other than single pickup truck loads, that shows the
dates and times of removal from the CAFO, name and address of the
recipient, amount (in wet tons, dry tons, cubic yards, acre-inches,
acre-feet, or gallons) of manure, sludge, or wastewater;
(3) a log of all daily measurable rainfall events,
including the measured rainfall;
(4) a log of all weekly wastewater levels observed
in the RCS, or daily wastewater levels in a major sole-source impairment
zone;
(5) documentation of liner maintenance by an NRCS engineer,
licensed Texas professional engineer, or qualified groundwater scientist;
(6) documentation describing the sources of information,
assumptions, and calculations used in determining the appropriate
volume capacity and structural features of each RCS, including embankments
and liners;
(7) groundwater monitoring records, if required by §321.41
of this title (relating to Special Requirements for Discharges to
a Playa);
(8) records that show the control facilities have been
inspected for structural integrity and maintenance, the date of each
inspection, and a description of the findings;
(9) records describing mortality management practices;
(10) a log of all manure, sludge, and wastewater used
at the CAFO updated at least monthly. For CAFOs where manure, sludge,
or wastewater is applied on LMUs, such records must include the following
information:
(A) date of manure, sludge, or wastewater application
to each LMU;
(B) location of the specific LMU and the volume applied
during each application event;
(C) acreage of each individual crop on which manure,
sludge, or wastewater is applied;
(D) basis for and the total amount of nitrogen and
phosphorus applied per acre to each LMU, including sources of nutrients
other than manure, sludge, or wastewater on a dry basis;
(E) the percentage of moisture content of the manure;
(F) actual annual yield of each harvested crop; and
(G) weather conditions (such as the temperature, precipitation,
and cloud cover) during the land application and 24 hours before and
after the land application;
(11) annual nutrient analysis for irrigation wastewater,
sludge, if applicable, and manure;
(12) documentation describing any discharge into water
in the state including the date, time, volume of overflow, a copy
of the notification(s) provided to the regional office, and sample
analysis results associated with the discharge;
(13) the results of initial and annual soil analysis
reports as required by this subchapter; and
(14) copies of all notifications to the executive director,
including any made to a Texas Commission on Environmental Quality
regional office, as required by this subchapter, a permit, or authorization.
(e) Reporting requirements.
(1) The CAFO operator shall furnish to the appropriate
regional Texas Commission on Environmental Quality office and the
commission's Office of Compliance and Enforcement, Enforcement Division
in Austin, soil testing analysis of all soil samples with the annual
report due February 15 of each year.
(2) CAFO operators shall provide all other reports
required by this subchapter to the Office of Compliance and Enforcement,
Enforcement Division.
|
| Source Note: The provisions of this §321.46 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 27, 1999, 24 TexReg 5721; amended to be effective July 15, 2004, 29 TexReg 6652; amended to be effective July 31, 2014, 39 TexReg 5786 |
