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 321.41 - Special Requirements for Discharges to a Playa
Current through Reg. 50, No. 13; March 28, 2025
(a) This section applies to any animal feeding operation (AFO) operator authorized by the commission before July 13, 1995 to discharge manure, litter, or wastewater into a playa or to use a playa as a retention control structure for manure, litter or wastewater in accordance with Texas Water Code, § 26.048.
(b) A playa that is in use as a retention control structure, as allowed by Texas Water Code (TWC), §26.048, and that shows no signs of leakage, is considered to satisfy all applicable design and construction requirements specified in § 321.38 of this title (relating to Control Facility Design Requirements Applicable to Concentrated Animal Feeding Operations (CAFOs)).
(c) A groundwater plan for use of a playa shall be implemented in accordance with TWC, §26.048.
(d) If the executive director determines that contamination of groundwater is occurring as a result of use of the playa as a retention facility for manure, litter, or wastewater from the AFO, the executive director shall require action to correct the problem or revoke the AFOs authority to discharge into the playa.