The following requirements apply to land application of dairy waste on agricultural land during emergency conditions. Property owner consent is required for all land application activities.
- (1) Dairy waste shall not be land applied within 100-feet of any surface water in the state.
- (2) Dairy waste shall not be land applied within 500 feet of a public drinking water well or within 150 feet of any other water well.
- (3) Dairy waste shall not be land applied within 750 feet of an occupied residence or business structure, school (including associated recreational areas), permanent structure containing a place of worship, or public park.
- (4) Dairy waste shall not be land applied within the 100-year floodplain.
- (5) Dairy waste shall not be land applied when the ground is frozen or saturated or during rainfall events.
- (6) Dairy waste may only be applied to fields that are vegetated with actively growing crops, hay, or forage, or if to a fallow field, the dairy waste shall be incorporated into the soils within 48 hours of land application.
- (7) Dairy waste application shall be limited to a maximum of 2,000 gallons per acre per year. For a full tanker truck load of 6,000 to 8,000 gallons, the contents must be applied over a minimum of three to four acres of land to comply with this requirement.
- (8) Land application practices shall be maintained to minimize ponding or puddling of the dairy waste on the site and prevent the occurrence of nuisance conditions.
- (9) Dairy waste must be conducive to land application (i.e., in a form that is spreadable and can be incorporated into the soil to avoid piling).
- (10) Dairy waste shall not be land applied to soils with shallow, perched, or seasonal water tables.
Source Note:The provisions of this §321.409 adopted to be effective July 31, 2025, 50 TexReg 4937.