Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 321 - CONTROL OF CERTAIN ACTIVITIES BY RULE › Subchapter B - CONCENTRATED ANIMAL FEEDING OPERATIONS › Section 321.39 - Operational Requirements Applicable to Concentrated Animal Feeding Operations (CAFOs)

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to describe the operational requirements that apply
				  to concentrated animal feeding operations (CAFOs). Any CAFO operator that does
				  not use a retention control structure (RCS) is not subject to subsections (b)
				  and (c) of this section.
(b) RCS
				  operation and maintenance. A CAFO using an RCS for storage and treatment of
				  stormwater, sludge, or process-generated wastewater, including liquid manure
				  handling systems, shall ensure that the required capacity in the RCS is
				  available to contain rainfall and rainfall runoff from the design rainfall
				  event.
(1) The operator shall restore such
				  capacity after each rainfall event or accumulation of manure, sludge, or
				  process-generated wastewater that reduces such capacity, when conditions are
				  favorable for irrigation. Favorable conditions shall be when the soil moisture
				  level decreases so that irrigation will not cause runoff.
(2) The normal operating wastewater level in
				  the RCS shall be maintained in accordance with the design of the RCS. If the
				  water level in the RCS encroaches into the storage volume reserved for the
				  design rainfall event, the operator must document the conditions that resulted
				  in this occurrence. As soon as irrigation is allowed, the CAFO operator shall
				  irrigate until the water level is at or below the design rainfall
				  level.
(3) If an RCS is in danger
				  of imminent overflow from chronic or catastrophic rainfall or catastrophic
				  conditions, the CAFO operator shall take reasonable steps to irrigate
				  wastewater to land management units (LMUs) only to the extent necessary to
				  prevent overflow from the RCS. If irrigation results in a discharge from an
				  LMU, the CAFO operator shall collect samples from the drainage pathway at the
				  point of discharge from the LMU, analyze the samples for the parameters
				  identified in §
											321.44(b)(1)
				  of this title (relating to Concentrated Animal Feeding Operation (CAFO)
				  Notification Requirements), and provide the appropriate notifications in
				  accordance with §
											321.44(a)
				  of this title. The operator shall orally notify the appropriate regional office
				  within 24 hours of beginning irrigation under this provision and in writing
				  within 14 working days.
(4) A rain
				  gauge capable of measuring the design rainfall event shall be installed and
				  properly maintained.
(5) The CAFO
				  operator shall maintain the liner to inhibit infiltration of wastewater. The
				  CAFO operator shall ensure liners and embankments 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 or embankment
				  shall be evaluated by a licensed Texas professional engineer within 30 days
				  following discovery of the damage. For re-certification of an earthen liner
				  following mechanical or structural damage, a minimum of one sample shall be
				  collected and analyzed to document that the liner meets the requirements of the
				  liner certification for that RCS prior to the damage.
(6) The CAFO operator shall install and
				  maintain a permanent pond marker in the RCS, visible from the top of the
				  embankment that identifies, either physically or by documentation in the
				  pollution prevention plan, the volume required for the design rainfall event
				  and minimum treatment volume, in accordance with §
											321.43(j)(3)(B)
				  of this title (relating to Air Standard Permit for Animal Feeding Operations
				  (AFOs)).