| (12) Vegetative buffer strips shall be no less than
100 feet of vegetation to be maintained between manure, sludge, or
wastewater application areas and surface water and watercourses. The
AFO operator shall maintain the buffer strips in accordance with NRCS
guidelines. A buffer is not required for wastewater irrigation when
applied by low-pressure, low-profile center pivot irrigation systems
in areas of the state where the annual average rainfall is less than
25 inches per year. Land application of manure, sludge, and wastewater
into surface water in the state is an unauthorized discharge and is
prohibited.
(13) Manure and sludge storage capacity requirements
based upon manure and sludge production, land availability, and NRCS
or equivalent standards shall be provided.. Manure or sludge stored
for more than 30 days must be stored within the drainage area of an
RCS, or stored in a manner (i.e. storage shed, bermed area, tarp covered
area, etc.) that otherwise prevents contaminated stormwater runoff
from the storage area. Storage for more than 30 days is prohibited
in the 100-year flood plain.
(14) Temporary storage of manure and sludge shall not
exceed 30 days and is allowed only in LMUs or an RCS drainage area.
Temporary storage of manure or sludge in the 100-year flood plain,
near water courses or recharge features is prohibited unless protected
from inundation and damage that may occur during the 100-year flood
event. Contaminated runoff from manure and sludge storage piles must
be retained on site.
(15) Any dairy AFO that is located in the major sole-source
impairment zone, as defined under §321.32 of this title (relating
to Definitions), at a minimum must provide for management and disposal
of manure in accordance with §321.42(i) of this title (relating
to Requirements Applicable to the Major Sole-Source Impairment Zone).
(16) Nighttime application of liquid or solid manure
shall be allowed only in areas with no occupied residence(s) within
1/4 mile from the outer boundary of the LMU receiving manure, sludge,
or wastewater application. In areas with an occupied residence within
1/4 mile from the outer boundary of the LMU, application shall only
be allowed from one hour after sunrise until one hour before sunset,
unless the current occupants of such residences have, in writing,
agreed to such nighttime applications.
(17) AFOs introducing wastewater or chemicals to water
wellheads for the purpose of irrigation shall install backflow prevention
devices in accordance with requirements contained in 16 TAC Chapter
76 (relating to Water Well Drillers and Water Well Pump Installers).
(18) Composting on site at an AFO shall be performed
in accordance with Chapter 332 of this title (relating to Composting).
AFOs may compost manure generated on site, including manure, sludge,
bedding, feed, and dead animals. In accordance with Chapter 332 of
this title, an AFO operator may add agricultural products to provide
an additional carbon source or bulking agent to aid in the composting
process. If the compost 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 compost areas
shall be located within the drainage of the RCS. The runoff volume
from compost areas shall be accounted for in the design of the RCS.
(19) Maintenance of animals.
(A) Animals confined at the AFO shall be restricted
from coming into direct contact with surface water in the state through
the use of fences or other controls.
(B) An AFO that maintains animals in pastures must
maintain crops, vegetation, forage growth, or postharvest residues
in the normal growing season, excluding the feed and water trough
areas and designated open lots.
(g) Sampling and testing.
(1) Initial sampling. Before commencing application
of manure, sludge, or wastewater on LMUs and before resuming land
application on LMUs. Where manure, sludge, or wastewater was not
applied during the preceding year, the operator shall:
(A) collect and analyze at least one representative
sample of manure, sludge (if applicable) and wastewater for total
nitrogen, total phosphorus, and total potassium;
(B) collect and analyze at least one representative
soil sample from each LMU according to the procedures in paragraphs
(4) and (5) of this subsection; and
(C) Utilize the results of these analyses in determining
application rates for manure, sludge, and wastewater.
(2) Annual sampling. The operator shall:
(A) collect and analyze at least one representative
sample of manure, sludge (if applicable), and wastewater, for total
nitrogen, total phosphorus, and total potassium;
(B) collect and analyze at least one representative
soil sample from each LMU where manure, sludge, or wastewater was
applied during the preceding year according to the procedures in paragraphs
(4) and (5) of this subsection; and
(C) utilize the results of these analyses in determining
application rates for manure, sludge, and wastewater.
(3) The operator shall make the most recent nutrient
analysis available to any recipient of manure, sludge, or wastewater.
(4) Sampling procedures. The operator shall employ
sampling procedures using accepted techniques of soil science for
obtaining representative samples and analytical results.
(A) Samples shall be collected using approved methods
described in the agency's guidance RG-408 entitled "Soil Sampling
for Concentrated Animal Feeding Operations."
(B) Samples shall be collected by the operator or its
designee and analyzed by a soil testing laboratory annually.
(C) Obtain one composite sample for each LMU and per
uniform soil type (soils with the same characteristics and texture)
within the LMU.
(D) Composite samples shall be comprised of ten to
15 randomly sampled cores at a depth of zero to six inches.
(5) Laboratory analysis. The operator shall have a
laboratory analysis of the soil samples performed for physical and
chemical parameters to include: nitrate reported as nitrogen in parts
per million (ppm); phosphorus (extractable, ppm, using Mehlich III
extractant with Inductively Coupled Plasma (ICP) analysis); potassium
(extractable, ppm); sodium (extractable, ppm); magnesium (extractable,
ppm); calcium (extractable, ppm); soluble salts (ppm) or electrical
conductivity (deciSiemens/meter (dS/m) or millimhos/cm (mmhos/cm)
determined from extract of 2:1 volume to volume (v/v) water/soil mixture);
and soil water pH (soil:water, 1:2 ratio).
(6) Soil samples shall be submitted to a soil testing
laboratory along with a previous crop history of the site, intended
crop use, and yield goal. Soil test reports shall include nutrient
recommendations for the crop yield goal.
(h) Nutrient utilization plans (NUPs).
(1) Manure, sludge, or wastewater shall not be land
applied to a LMU, unless the land application is implemented in accordance
with a detailed NUP when results of the annual soil analysis for extractable
phosphorus indicate:
(A) a level greater than 200 ppm; or
(B) a level greater than 350 ppm for an LMU where the
average annual rainfall is 25 inches or less, erosion control is adequate
to keep erosion at the soil loss tolerance (T) or less, and the closest
edge of the field is more than one mile from a named stream; or
(C) if ordered by the commission to do so in order
to protect water in the state.
(2) An NMP, based on crop removal, certified in accordance
with NRCS Practice Standard Code 590 complies with the requirements
of a complete and effective NUP.
(3) A NUP, based on crop removal, shall be developed
by an employee of the NRCS, a nutrient management specialist certified
by the NRCS, the TSSWCB, Texas AgriLife Extension Service, an agronomist
or soil scientist on full-time staff at an accredited university located
in the State of Texas, or a professional agronomist or soil scientist
certified by the American Registry of Certified Professionals in Agronomy,
Crops and Soils, after approval by the executive director based on
a determination by the executive director that another person or entity
identified in this paragraph cannot develop the plan in a timely manner.
No land application under an approved NUP shall cause or contribute
to a violation of water quality standards or create a nuisance.
(4) Land application under the terms of the NUP may
begin as soon as the plan is developed in accordance with this subsection.
After a NUP has been implemented, the operator shall land apply in
accordance with the NUP until soil phosphorus is reduced below 200
ppm. Thereafter, the AFO operator shall apply manure, litter, or wastewater
at agronomic rates according to the requirements of this section.
(i) Recordkeeping requirements.
Cont'd... |
