(a) If land application is utilized for disposal of waste or wastewater, the following requirements shall apply:
  (1) Utilization and disposal methods.
    (A) Liquid and solid waste shall be distributed on agricultural lands so that neither the waste nor rainfall runoff discharge into water in the state.
    (B) When irrigation disposal of wastewater is used, tailwater facilities shall be provided as necessary to prevent the release of applied wastewater to water in the state.
    (C) Disposal of waste and wastewater shall be conducted in such a manner as to prevent nuisance conditions such as odors and flies.
    (D) Wastewater shall not be irrigated when the ground is frozen or saturated or during rainfall events.
  (2) Application rates. Liquid and solid waste or wastewater shall be applied in such concentrations and application to the soil shall be made at an agronomic rate suitable to the crop being grown, so as to not inhibit the growth of crops or forage or result in wastewater runoff.
  (3) Management of wastes. Collection, storage, and disposal of liquid and solid waste or wastewater shall be carried out in accordance with recognized practices of good agricultural management.
(b) All solid waste materials stockpiled or retained on-site shall be isolated from all run-on storm water by dikes, terraces, berms, ditches, or other similar structures and shall be maintained so as to retain all rainfall which comes into contact with the stockpiled solid waste material.
(c) The facility shall take all steps necessary to prevent any adverse effects upon human health or safety, or to the environment. Any facility authorized under this subchapter shall report any noncompliance (including any unauthorized discharges or overflows) pursuant to the requirements of this subchapter which may endanger human health or safety or the environment. Report of such information shall be provided orally to the agency's Regional Office within 24 hours of becoming aware of the noncompliance. A written submission of such information shall also be provided to the agency's Regional Office and to the agency's Water Section, Enforcement Division (MC 149), within five working days of becoming aware of the noncompliance. The written submission shall contain a description of the noncompliance and its cause; the potential danger to human health or safety, or the environment; the period of noncompliance, including exact dates and times; if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance, and to mitigate its adverse effects.
(d) The executive director must be notified, in writing, of any change in control or ownership of facilities, or any expansion of facilities authorized under this subchapter. The applicant must send the notification to the agency's Wastewater Permits Section (MC 148).
(e) The executive director may require a facility which seeks authorization under this subchapter to apply for and obtain an agency permit. The executive director may declare that an application for permit must be submitted pursuant to the Texas Water Code, Chapter 26. In making such a determination, the executive director may consider such factors as necessary to carry out its powers and duties under the Texas Water Code and other laws of the State.
(f) The registrant authorized under the terms of this subchapter shall maintain records of the process control, maintenance activities, and solids disposal to include at a minimum: volume and dates on which solids were removed from the facility, identity of any transporter, location and identity of any solids disposal site, and method of final disposal. This information shall be maintained for a minimum of three years and shall be readily available for review upon request.
(g) The executive director may deny an application for registration on the following grounds: the potential or actual adverse impact on, or close proximity to, a public park, school, recreational area, spring, water supply well, surface water supply intake, water treatment plant intake, potable water storage facility or sewage treatment plant. In making such determination, the executive director may also consider other factors, as necessary to carry out its powers and duties under the Texas Water Code and other laws of the state.

Source Note: The provisions of this §321.256 adopted to be effective July 26, 1996, 21 TexReg 6637.