| (1) Records required under this subsection must be
kept on site for a minimum of five years from the date the record
was created. Any AFO operator that does not use an RCS is not subject
to subparagraphs (B) - (D) and (F). Unless otherwise specified, records
shall include:
(A) a list of any significant spills of pollutants
with the potential to reach water in the state;
(B) a schedule for liquid manure removal;
(C) a date log indicating weekly inspection of wastewater
level in the RCS;
(D) a log of all measurable rainfall events;
(E) a copy of the results of initial and annual soils,
manure, sludge, and wastewater analyses;
(F) records of dates of inspection of the RCS, and
a log of the findings of such inspections;
(G) the groundwater monitoring plan associated with
the use of a playa;
(H) site-specific documentation that no significant
hydrologic connection exists between the wastewater in the RCS and
water in the state;
(I) any written agreement with a landowner which documents
the allowance of nighttime application of manure, sludge, or wastewater;
and
(J) a copy of the NUP, if required.
(2) For facilities where manure, sludge, or wastewater
is applied on LMUs, such records shall include the following information:
(A) the date of manure, sludge, or wastewater application
to each field;
(B) the location of the specific LMU and volume or
amount applied during each application event;
(C) the acreage of each individual crop on which manure,
sludge, or wastewater is applied;
(D) the assumptions for calculating the total amount
of nitrogen and phosphorus applied per acre to each field, including
sources of nutrients other than manure, sludge, and wastewater on
a dry basis;
(E) the percentage of moisture content of the manure
and sludge; and
(F) the actual annual yield of each harvested crop.
(3) Where manure, sludge, or wastewater, if applicable,
is sold or given to other persons for off-site land application or
disposal, the operator must maintain a log of: the date of removal
from the AFO; the name and address of the recipient; and the amount,
in wet tons, dry tons, or cubic yards, of manure or gallons of wastewater
removed from the AFO. (A single pickup load need not be recorded.)
(j) Documentation of liner maintenance. The operator
shall have an NRCS engineer, licensed Texas professional engineer,
or licensed Texas professional geoscientist review the documentation
and conduct a site evaluation every five years.
(k) Groundwater monitoring. In the event that groundwater
monitoring is required by §321.41 of this title or required by
the executive director, the operator shall annually collect a groundwater
sample from each well that provides water for the facility. Each sample
shall be analyzed for nitrate as nitrogen and chloride where groundwater
monitoring is required by §321.41 of this title and analyzed
for nitrate as nitrogen, chloride, and total dissolved solids where
groundwater monitoring is required by the executive director. The
operator shall use the methods outlined in the groundwater monitoring
plan, and compare the analytical results to the baseline data. Data
from any required monitoring wells must be submitted to the executive
director and kept on site for five years. The first year's sampling
shall be considered the baseline data and must be retained on site
for the life of the facility, unless otherwise provided by the executive
director. If a 10% deviation in concentration of any of the sampled
constituents is found, the operator must notify the executive director
within 30 days of receiving the analytical results.
(l) Inspections. The AFO operator must conduct the
following inspections to assure the facility maintains its efficiency.
Records of inspections shall be maintained for a period of five years.
(1) Preventative maintenance program. The operator
shall conduct weekly inspections of the control facility and land
application equipment to determine preventative maintenance or repair
needs. Operators that do not use an RCS are required to conduct inspections
for applicable portions of their operation as required by this section.
Material handling areas shall be inspected for evidence of, or the
potential for, pollutants entering the drainage system or the creation
of a nuisance. Inspections shall include visual inspections and equipment
testing to uncover conditions that could cause breakdowns or failures
resulting in discharge of pollutants to water in the state or the
creation of a nuisance condition.
(2) Site inspection. A complete inspection of the control
facility and LMUs shall be done and a report documenting the findings
of the inspection made at least once a year. The inspection shall
be conducted by the operator to verify that the description of potential
pollutant sources is accurate, and the controls necessary to reduce
pollutants and avoid nuisance conditions are being implemented and
are adequate. Records documenting significant observations made during
the site inspection shall be retained.
(m) Notification. An existing or new AFO operator has
the continuing obligation to provide the executive director notice
of the number of animals in confinement in accordance with the following
requirements.
(1) All new AFOs which confine a number of animals
that fall within the range of the number of animals specified in any
of the categories under §321.32(13)(B) of this title shall notify
the executive director of their legal entity name, physical location
including a map or hand drawn sketch, mailing address, and number
of head in confinement.
(2) Such notification shall be in writing and signed
by the operator and shall be submitted not later than 180 days after
commencement of operation.
(n) Closure required. The AFO operator shall properly
close the AFO and RCS in accordance with a closure plan prepared by
a licensed Texas professional engineer. The AFO and RCS must be closed
within one year of permanently ceasing operations at the facility
or an alternate schedule determined by a licensed Texas professional
engineer. The closure plan for the RCS must be developed using standards
contained in the NRCS Practice Standard Code 360 (Closures of Waste
Impoundments, as updated) and using the guidelines contained in the
Texas AgriLife Extension Service/NRCS publication #B-6122 (Closure
of Lagoons and Earthen Manure Storage Structures, as updated). The
RCS or AFO is considered to be properly closed upon certification
by a licensed Texas professional engineer that closure is complete
according to the closure plan. AFOs shall maintain compliance with
the requirements of this subchapter until the facility has been properly
closed.
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| Source Note: The provisions of this §321.47 adopted 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 |
