| (7) The AFO operator shall ensure that liners are protected
from animals by fences or other protective devices. No tree shall
be allowed to grow such that the root zone would intrude or compromise
the structure of the liner or embankment. Any mechanical or structural
damage to the liner shall be evaluated by a licensed Texas professional
engineer within 30 days following discovery of the damage.
(8) The AFO operator shall maintain ponds, pipes, ditches,
pumps, and diversion and irrigation equipment to ensure ability to
fully comply with the terms of this subchapter.
(9) An AFO operator using a liquid manure handling
system shall scrape or flush accumulated manure at least once per
week or in accordance with proper design and maintenance of the facility.
(10) If an RCS is in danger of imminent overflow from
chronic or catastrophic rainfall or catastrophic conditions, the AFO
operator shall take reasonable steps to irrigate wastewater to LMUs
only to the extent necessary to prevent overflow from the RCS.
(f) Land application.
(1) The runoff of manure, sludge, or wastewater to
water in the state as the result of the application of manure, sludge,
or wastewater from an AFO is authorized provided the land application
activity is implemented in accordance with a plan for nutrient management
detailed in this section.
(2) The AFO operator shall apply manure, sludge, and
wastewater uniformly to suitable land at appropriate times and at
agronomic rates. Timing and rate of applications shall be in response
to crop needs, assuming usual nutrient losses, expected precipitation,
and soil conditions.
(3) The AFO operator shall develop and utilize the
information in this paragraph for land application unless a nutrient
management plan (NMP) is developed and implemented. At that time,
the NMP must be followed for land application. The AFO operator must
adhere to the following:
(A) a site map showing the location of all LMUs;
(B) the location, description, and limitations of the
major soil types within the identified LMUs, and a plan to address
the soil limitations;
(C) crop types and rotations to be implemented on an
annual basis;
(D) predicted yield goals based on the major soil types
within the identified LMUs;
(E) procedures for calculating nutrient budgets to
be used to determine application rates;
(F) a detailed description of the type of equipment
and method of application to be used in applying the manure, sludge
or wastewater; and
(G) projected rates and timing of application of the
manure, sludge, and wastewater as well as other sources of nutrients
that will be applied to the LMUs.
(4) Discharge of manure, sludge, or wastewater from
the LMU is prohibited and shall not cause or contribute to a violation
of surface water quality standards, contaminate groundwater, or create
a nuisance condition.
(5) Application rates of manure, sludge, and wastewater
shall not exceed the crop requirement of the crop or planned crop
planting. Land application rates of manure sludge, and wastewater
shall be based on the available nutrient content of the manure, sludge,
and wastewater.
(6) Land application shall not occur when the ground
is frozen or saturated or during rainfall events, unless in accordance
with §321.39(b)(3) of this title (relating to Operational Requirements
Applicable to Concentrated Animal Feeding Operations (CAFOs)).
(7) Irrigation practices shall be managed so as to
minimize ponding or puddling of wastewater on the site, prevent discharge
of tailwater to waters in the state, prevent pollution of waters in
the state, and prevent the occurrence of nuisance conditions.
(8) The land application of manure, sludge, and wastewater
at agronomic rates shall not be considered surface disposal and is
not prohibited.
(9) Manure, sludge, or wastewater may be applied to
the areas in the 100-year flood plain at agronomic rates not to exceed
the hydrologic needs of the crop.
(10) The AFO operator shall develop and maintain the
calculations and assumptions used for determining land application
rates and all nutrient analysis data.
(11) The AFO operator shall annually analyze at least
one representative sample of irrigation wastewater and sludge, if
applicable, and one representative sample of manure for total nitrogen,
total phosphorus, and total potassium.
(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
Cont'd... |
