All definitions in Texas Water Code (TWC), Chapter 26 and Chapter 3 and Chapter 305 of this title (relating to Definitions and Consolidated Permits) shall apply to this subchapter and are incorporated by reference. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Agronomic rates--The land application of animal manure, sludge, or wastewater at rates of application in accordance with a plan for nutrient management which will enhance soil productivity and provide the crop or forage growth with needed nutrients for optimum health and growth based upon a realistic yield goal.
(2) Animal feeding operation (AFO)--A lot or facility (other than an aquatic animal production facility) where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and the animal confinement areas do not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season over any portion of the lot or facility. Two or more AFOs under common ownership are a single AFO if they adjoin each other, or if they use a common area or system for the beneficial use of manure, sludge, or wastewater. A land management unit is not part of an AFO.
(3) Annual(ly)--Once per calendar year with required events not more than 18 months apart, unless approved in writing by the executive director on a case-by-case basis.
(4) Aquifer--A saturated permeable geologic unit that can transmit, store, and yield to a well, the quality and quantities of groundwater sufficient to provide for a beneficial use. An aquifer can be composed of unconsolidated sands and gravels, permeable sedimentary rocks such as sandstones and limestones, and/or heavily fractured volcanic and crystalline rocks. Groundwater within an aquifer can be confined, unconfined, or perched.
(5) Area land use map--A map that identifies property lines, permanent odor sources, and distances and direction to any occupied residence or business structure, school (including associated recreational areas), permanent structure containing a place of worship, or public park within a one-mile radius of the permanent odor sources at the animal feeding operation. The map shall include the north arrow, scale of map, buffer distances, and date that the map was generated and the date that the distances were verified.
(6) Beneficial use--Application of manure, sludge, or wastewater to land in a manner that does not exceed the agronomic need or rate for a harvested or cover crop. Application of manure, sludge, or wastewater on the land at a rate below or equal to the optimal agronomic rate is considered a beneficial use.
(7) Best management practices (BMPs)--The schedule of activities, prohibitions of practices, maintenance procedures, and other management and conservation practices to prevent or reduce the pollution of water in the state. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge, land application, or drainage from raw material storage.
(8) Bypass--The intentional diversion of waste streams from any portion of a treatment facility.
(9) Catastrophic conditions--Conditions that cause structural or mechanical damage to the animal feeding operation from natural events including high winds, tornadoes, hurricanes, earthquakes, or other natural disasters, other than rainfall events.
(10) Certified nutrient management specialist--An organization in Texas or an individual who is currently certified as a nutrient management specialist through a United States Department of Agriculture-Natural Resources Conservation Service, Texas Certified Crop Advisor's Board or Texas AgriLife Extension Service recognized certification program.
(11) Chronic or catastrophic rainfall event--A series of rainfall events that do not provide opportunity for dewatering a retention control structure and that are equivalent to or greater than the design rainfall event or any single rainfall event that is equivalent to or greater than the design rainfall event.
(12) Certified water quality management plan--A site-specific plan for agricultural or silvicultural lands that includes appropriate land treatment practices, production practices, management measures, technologies, or combinations thereof that when implemented, will achieve a level of pollution prevention or abatement determined by the Texas State Soil and Water Conservation Board, in consultation with the local Soil and Water Conservation District, to be consistent with state water quality standards.
(13) Comprehensive Nutrient Management Plan (CNMP)--A resource management plan containing a grouping of conservation practices and management activities that, when implemented in a conservation system, will help ensure that both agricultural production goals are achieved, and natural resource concerns dealing with nutrient and organic by-products and their adverse impacts on water quality are minimized.
(14) Concentrated animal feeding operation (CAFO)--Any animal feeding operation (AFO) defined as follows:
(15) Control facility--Any system used for the collection and retention of manure, sludge, or wastewater at the permitted facility until their ultimate use or disposal. This includes all collection ditches, conduits, and swales for the collection of manure, sludge, or wastewater, and all retention control structures.
(16) Cooling Pond--A shallow man-made structure filled with water for the specific purpose to keep animals cool and promote animal comfort.
(17) Crop removal--The amount of nutrients contained in and removed by harvest of the adopted crop.
(18) Crop requirement--The amount of nutrients that must be present in the soil in order to ensure that the crop nutrient needs are met, while accounting for nutrients that may become unavailable to the crop due to adsorption to soil particles or other natural causes.
(19) Dairy outreach program areas--The area including all of the following counties: Bosque, Comanche, Erath, Hamilton, Hopkins, Johnson, Rains, and Wood.
(20) Design rainfall event--A design parameter corresponding to precipitation frequency values for a given rainfall duration and return period based on United States Department of Commerce, Weather Bureau, Technical Paper 40 or 49, May 1961.
(21) Dry litter poultry operation--A poultry animal feeding operation that does not use a liquid manure handling system.
(22) Edwards Aquifer--As defined in §213.3 of this title (relating to Definitions).
(23) Edwards Aquifer recharge zone--As defined in §213.3 of this title (relating to Definitions).
(24) Groundwater--Subsurface water that occurs below the water table in soils and geologic formations that are saturated other than underflow of a stream or an underground stream.
(25) Historical waste application field--An area of land located in a major sole-source impairment zone that at any time since January 1, 1995, has been owned or controlled by an operator of a concentrated animal feeding operation (CAFO), and on which agricultural manure or wastewater from a CAFO has been applied.
(26) Hydrologic connection--The connection and exchange between surface water and groundwater.
(27) Lagoon--A retention control structure used for the biological treatment of liquid organic manure. Lagoons can be aerobic, anaerobic, or facultative depending on their design and can be used in a series to produce a higher quality effluent. Treatment volume must be included in the lagoon design.
(28) Land application--The act of applying manure, sludge, or wastewater associated with the animal feeding operation including distribution to, or incorporation into, the soil mantle primarily for beneficial use purposes.
(29) Land management unit (LMU)--An area of land owned, operated, controlled, rented, or leased by an animal feeding operation (AFO) owner or operator where manure, sludge, or wastewater from the AFO is or may be applied. This includes land associated with a single center pivot system or a tract of land where similar soil characteristics exist and similar management practices are being used. LMUs include historical waste application fields. The term "land management unit" does not apply to any lands not owned, operated, controlled, rented, or leased by the AFO operator for the purpose of off-site land application of manure, where the manure is given or sold to others for land application.
(30) Letter of consent--A document signed by the owner or the authorized legal representative of the owner(s) of an occupied residence or business structure, school (including associated recreational areas), permanent structure containing a place of worship, or public park, or a document signed by the governmental entity or the authorized legal representative of the entity responsible for the operation of a school or public park. The document specifically consents to location and operation of permanent odor sources of an animal feeding operation within the minimum buffer distance required under §321.43 of this title (relating to Air Standard Permit for Animal Feeding Operations (AFO)).
(31) Liner--Any barrier in the form of a layer; membrane; or blanket; naturally existing, constructed, or installed, to prevent a significant hydrologic connection between wastewater contained in retention control structures and water in the state.
(32) Liquid manure handling system--A system in which freshwater or wastewater is used for transporting and land applying manure.
(33) Major sole-source impairment zone--A watershed that contains a reservoir: