| (a) Pollution prevention plan (PPP).
(1) A permit or authorization will establish requirements
for the development of a PPP. PPPs shall be prepared in accordance
with good engineering practices and shall include measures necessary
to limit the discharge of pollutants to or adjacent to water in the
state. The plan shall describe and ensure the implementation of practices
which are to be used to assure compliance with the limitations and
conditions of this subchapter. The plan shall identify a specific
individual(s) at the facility who is responsible for development,
implementation, operation, maintenance, inspections, recordkeeping,
and revision of the PPP. The activities and responsibilities of the
pollution prevention personnel shall address all aspects of the facility's
PPP.
(2) The plan shall be signed by the operator or other
signatory authority in accordance with §305.44 of this title
(relating to Signatories to Applications), and the plan shall be retained
on site.
(3) Upon completion of a PPP review, the executive
director may notify the operator of a concentrated animal feeding
operation (CAFO) at any time that the plan does not meet one or more
of the minimum requirements of this subchapter. After such notification
from the executive director, the operator shall make changes to the
plan within 90 days after such notification, unless otherwise provided
by the executive director.
(4) The operator of the CAFO shall revise the plan:
(A) before any change in the acreage or boundaries
of land management units (LMUs);
(B) before any increase in the maximum number of animals;
(C) before operation of any new control facilities;
(D) before any change which has a significant effect
on the potential for the discharge of pollutants to water in the state;
(E) if the PPP is not effective in achieving the general
objectives of controlling discharges of pollutants from the production
area or LMU(s); or
(F) within 90 days following written notification from
the executive director that the plan does not meet one or more of
the minimum requirements of this section.
(5) Where design, planning, construction, operation
and maintenance, or other documentation equivalent to PPP requirements
are contained in site specific-plans prepared and certified by the
Natural Resources Conservation Service (NRCS), Texas State Soil and
Water Conservation Board, or their designee, that information may
be used to document best management practices (BMPs) or applicable
portions of the technical requirements in this subchapter. Where provisions
in the certified plan are substituted for applicable BMPs or portions
of the PPP, the PPP must refer to the appropriate section of the certified
plan. If the PPP contains a reference to a certified plan, a copy
of the certified plan must be kept with the PPP.
(6) Potential pollutant sources include any activity
or material of sufficient quantity that may reasonably be expected
to add pollutants to surface water in the state from the facility.
The owner shall conduct a thorough site inspection of the facility
to identify all potential pollutant sources. The inspection shall
include all land that is part of the production area and LMUs. An
evaluation of pollutant sources shall identify the types of potential
pollutant sources, provide a description of the pollutant sources,
and indicate all measures that will be used to prevent contamination
from the pollutant sources.
(7) The operator shall maintain and update the following
items as part of the PPP:
(A) a site map, showing the production area and include,
at a minimum, pens and open lots, barns, berms, permanent manure storage
areas, composting areas, control facilities including retention control
structures (RCSs), water wells (abandoned and in use), surface water
in the state, and dead animal burial sites; including a depiction
of buffer zones and setbacks;
(B) LMU Map, showing the boundary and acreage of each
LMU; all buffer zones, the location of the production area, water
wells (abandoned and in use) that are onsite or within 500 feet of
the facility boundary, all surface water in the state located onsite
and within one mile of the facility boundary, and the facility boundary.
(C) soil, crop, and crop nutrient information;
(D) a description of land application procedures and
equipment used; and
(E) a description of BMPs utilized to minimize the
entry of uncontaminated runoff into the control facility and RCS.
(b) Management documentation. A permit or authorization
will establish additional requirements for recordkeeping and documentation.
At a minimum, these records must include:
(1) a copy of the administratively complete and technically
complete individual water quality permit application, notice of intent
seeking authorization under a CAFO general permit, and the written
authorization issued by the commission or executive director, for
any facility required to obtain written authorization;
(2) the RCS management plan, if applicable;
(3) procedures for spill prevention and recovery;
(4) a copy of the recharge feature certification, if
applicable;
(5) the groundwater monitoring plan associated with
the use of a playa;
(6) a copy of the comprehensive nutrient management
plan, nutrient management plan or nutrient utilization plan, if required;
(7) site-specific documentation that no significant
hydrologic connection exists between the contained wastewater and
water in the state;
(8) any written agreement with a landowner which documents
the allowance of nighttime application of manure, sludge, or wastewater;
(9) the odor control plan requirements established
in §321.43 of this title (relating to Air Standard Permit for
Animal Feeding Operations (AFOs)); and
(10) documentation of employee training, including
dates when training occurred and, for dairy outreach program area
(DOPA)-required training, verification of the date, time of attendance,
and completion of training.
(c) Required inspections. The CAFO operator shall perform
the routine inspections described in this subsection to determine
preventive maintenance and repair needs. Inspections shall include
visual inspections and equipment testing to determine conditions that
could cause breakdowns or failures resulting in discharge of pollutants
to water in the state or the creation of a nuisance condition.
(1) CAFO operators shall conduct a daily inspection
of all water lines, including drinking water and cooling water lines
that are located within the drainage area of the RCSs. These daily
inspections shall be recorded in the PPP either daily or in the weekly
report.
(2) CAFO operators shall conduct a weekly inspection
of all control facilities and equipment used during that week for
land application of manure, sludge, or wastewater. An inspection must
include all stormwater diversion devices, runoff diversion structures,
and devices channeling contaminated stormwater to each RCS. The weekly
inspection will note the level of liquid in each RCS as indicated
by the pond marker.
(3) CAFO operators shall conduct monthly inspections
on mortality management systems, including containers, burial sites,
composting facilities, incinerators, and chemical storage and disposal
areas.
(4) A complete site inspection of the CAFO and LMUs
shall be conducted and documentation of the findings of the inspection
made at least once per year. The inspection shall include:
(A) a review of the list of potential pollutant sources
to ensure it is current;
(B) the inspection of all controls and operations outlined
in the PPP to reduce the potential for pollutants to be transported
off the CAFO; and
(C) updating the PPP to reflect the current conditions.
(5) Once every five years, beginning five years after
initial authorization under this subchapter, any CAFO operator who
uses an RCS shall have a licensed Texas professional engineer review
the existing engineering documentation, complete a site evaluation
of the structural controls, and review existing liner documentation.
The engineer shall complete and certify a report of their findings
that must be kept with the PPP.
(d) Recordkeeping requirements. The CAFO operator shall
keep records in the PPP for a minimum of five years from the date
the record was created. Upon written request, any of the records maintained
to comply with the permit shall be submitted to the executive director
within five business days of the operator receiving the request. The
records shall document the inspections and actions taken in response
to deficiencies identified during any inspection. A CAFO operator
shall correct all the deficiencies within 30 days or shall document
the factors preventing immediate correction and submit to the executive
director Cont'd... |
