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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 106PERMITS BY RULE
SUBCHAPTER FANIMAL CONFINEMENT
RULE §106.161Animal Feeding Operations

Animal feeding operations which confine animals in numbers specified in paragraph (1) of this section and any associated on-site feed handling and/or feed milling operations which satisfy the following conditions of this section are permitted by rule.

  (1) Operations designed to feed no more than:

    (A) 1,000 cattle;

    (B) 1,000 horses and mules;

    (C) 2,500 swine weighing more than 55 pounds;

    (D) 10,000 sheep and goats; or

    (E) 1,000 animal equivalents.

  (2) Where a combination of cattle, swine weighing over 55 pounds, horses and mules, or sheep and goats are present, animal equivalents shall be calculated by adding the following numbers.

Attached Graphic

  (3) In determining the number of animals or animal equivalents, mothers with nursing young shall be counted as a single animal while the young are nursing. Once removed from the mother, the young animals shall be counted when determining the number of animals or animal equivalents. Swine weighing 55 pounds or less shall be allowed, but not counted in determining the number of animals or animal equivalents. Animals on pasture are not considered as part of the animal feeding operation.

  (4) Operations designed to feed no more than 55,000 turkeys or other birds, excluding ducks, concentrated on open lots.

  (5) Operations designed to feed no more than 5,000 ducks.

  (6) All caged poultry operations designed to feed no more than 30,000 birds.

  (7) All housed poultry operations when wood shavings or similar material is used as litter.

  (8) All caged poultry operations designed to feed more than 30,000 birds when a dry manure storage and handling system is used and when located at least 1/4 mile from any recreational area or residence or other structure not occupied or used solely by the owner of the egg laying or caged pullet operation. Before construction of the caged laying and caged pullet operations begins, written site approval shall be received from the executive director and the facility shall be registered with the commission's Office of Permitting, Remediation, and Registration using Form PI-7.

  (9) For the associated on-site feed handling and/or feed milling operations to be covered under this section, no products from the feed handling and or feed milling shall be shipped off-site.


Source Note: The provisions of this §106.161 adopted to be effective March 14, 1997, 22 TexReg 2439; amended to be effective September 4, 2000, 25 TexReg 8653

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