1. (a) Pollution prevention plan (PPP).

   1. (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. (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. (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. (4) The operator of the CAFO shall revise the plan:

      1. (A) before any change in the number or configuration of land management units (LMUs);
      2. (B) before any increase in the maximum number of animals;
      3. (C) before operation of any new control facilities;
      4. (D) before any change that has a significant effect on the potential for the discharge of pollutants to water in the state;
      5. (E) if the PPP is not effective in achieving the general objectives of controlling discharges of pollutants from the CAFO or LMU(s); or
      6. (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. (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, information in the plans are sufficient 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 in the PPP.
   6. (6) The PPP shall provide a description of potential pollutant sources. Potential pollutant sources include any activity or material that may reasonably be expected to contain pollutants at the facility, including the CAFO, the associated control facilities, and LMUs. An evaluation of potential pollutant sources shall identify the types of potential pollutant sources, provide a description of the potential pollutant sources, and indicate all measures that will be used to prevent contamination from the potential pollutant sources.

   7. (7) A permit or authorization will establish requirements for the development and retention by the operator of:

      1. (A) a site map, including a depiction of buffer zones and setbacks;
      2. (B) soil, crop, and crop nutrient information;
      3. (C) a description of land application procedures and equipment used; and
      4. (D) a description of BMPs utilized to minimize the entry of uncontaminated runoff into the control facility and retention control structure (RCS).

2. (b) Management documentation. A permit or authorization will establish additional requirements for recordkeeping and documentation. At a minimum, these records must include:

   1. (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. (2) the RCS management plan, if applicable;
   3. (3) procedures for spill prevention and recovery;
   4. (4) a copy of the approved recharge feature certification, if applicable;
   5. (5) the groundwater monitoring plan associated with the use of a playa;
   6. (6) a copy of the comprehensive nutrient management plan, nutrient management plan or nutrient utilization plan, if required;
   7. (7) site-specific documentation that no significant hydrologic connection exists between the contained wastewater and water in the state;
   8. (8) any written agreement with a landowner which documents the allowance of nighttime application of manure, litter, or wastewater;
   9. (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. (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.

3. (c) Site evaluation.

   1. (1) Once every five years, 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, review existing liner documentation, and complete and certify a report of their findings.

   2. (2) A complete inspection of the facility, including the CAFO, the associated control facilities, and LMUs shall be completed by the CAFO operator and a report documenting the findings of the inspection made at least once per year. The inspection shall verify that:

      1. (A) the description of potential pollutant sources is accurate;
      2. (B) the site plan/map has been updated or otherwise modified to reflect current conditions;
      3. (C) the controls outlined in the PPP to reduce pollutants and avoid nuisance conditions are being implemented and are adequate; and
      4. (D) records documenting significant observations made during the site inspection.

4. (d) Recordkeeping requirements. The CAFO operator shall keep records on site for a minimum of five years from the date the record was created and shall submit them within five days of a written request by the executive director. Any CAFO operator that does not use an RCS is not subject to paragraphs (3) - (5) and (7) of this subsection. The following records must be included unless otherwise specified:

   1. (1) a list of any significant spills of potential pollutants at the CAFO that have a significant potential to reach water in the state;
   2. (2) a log of wastewater, manure, litter, and sludge removed from the CAFO that shows the dates, times, and recipient;
   3. (3) a log of all daily measurable rainfall events, including the measured rainfall;
   4. (4) a log of all weekly wastewater levels observed in the RCS, or daily wastewater levels in a major sole-source impairment zone;
   5. (5) documentation of liner maintenance by an NRCS engineer, licensed Texas professional engineer, or qualified groundwater scientist;
   6. (6) groundwater monitoring records, if required by §321.41 of this title (relating to Special Requirements for Discharges to a Playa);
   7. (7) records that show the control facilities have been inspected for structural integrity and maintenance, the date of each inspection, and a description of the findings;

   8. (8) a log of all manure, litter, and wastewater used at the CAFO updated at least monthly. For CAFOs where manure, litter, or wastewater is applied on property owned, operated, controlled, rented, or leased by the CAFO owner or operator, such records must include the following information:

      1. (A) date of manure, litter, or wastewater application to each LMU;
      2. (B) location of the specific LMU and the volume applied during each application event;
      3. (C) acreage of each individual crop on which manure, litter, or wastewater is applied;
      4. (D) basis for and the total amount of nitrogen and phosphorus applied per acre to each LMU, including sources of nutrients other than manure, litter, or wastewater on a dry basis;
      5. (E) the percentage of moisture content of the manure;
      6. (F) actual annual yield of each harvested crop; and
      7. (G) weather conditions (such as the temperature, precipitation, and cloud cover) during the land application and 24 hours before and after the land application;
   9. (9) annual nutrient analysis for at least one representative sample of irrigation wastewater, if applicable, and one representative sample of manure/litter for total nitrogen, total phosphorus, and total potassium;
   10. (10) the results of initial and annual soil analysis reports as required by this subchapter; and
   11. (11) copies of all notifications to the executive director, including any made to a regional office, as required by this subchapter, a permit, or authorization.

5. (e) Reporting requirements.

   1. (1) The CAFO operator shall furnish to the appropriate regional office and the commission's Office of Compliance and Enforcement, Enforcement Division in Austin, soil testing analysis of all soil samples with the annual report due February 15 of each year.
   2. (2) CAFO operators shall provide all other reports required by this subchapter to the Office of Compliance and Enforcement, Enforcement Division.

Source Note:The provisions of this §321.46 adopted to be effective July 9, 1990, 15 TexReg 3639; amended to be effective September 18, 1998, 23 TexReg 9354; amended to be effective July 27, 1999, 24 TexReg 5721; amended to be effective July 15, 2004, 29 TexReg 6652.