Section 57.119 - Minimum Facility Requirements(a) General facility requirements. (1) Unless specifically provided otherwise under this subchapter or the conditions of a permit issued under this subchapter, a facility operating under a controlled exotic species permit shall:(A) prominently display a copy of the permit at the facility for which it was issued;(B) be maintained in compliance with the standards set forth in this section at all times unless the department has been notified that facility repairs are necessary;(C) satisfactorily demonstrate to the department at intervals of no more than five years, unless longer intervals are approved by the department based on systematic risk analysis, that activities authorized under this subchapter are conducted in compliance with the requirements of this subchapter and the facility is maintained in such a way as to prevent escape, release, or discharge of controlled exotic species; and(D) train staff on permit conditions and requirements and ensure staff are prepared to implement the facility's department-approved emergency plan to prevent escape, release, or discharge of controlled exotic species into public water during a natural disaster such as a hurricane or flood.(2) For limited special purpose permit holders who purchase, transport, and sell controlled exotic species for stocking in private ponds, a facility is not required. Required records shall be made available to department staff for inspection during normal business hours within 72 hours following a request by the department.(3) Any facility containing controlled exotic species shall have security measures in place to minimize to the extent practicable the risk of unauthorized removal of controlled exotic species.(4) The department may prescribe additional security measures as a condition of a permit upon determining that the facility requirements described in this section are not feasible or may not be sufficient to minimize risk of escape, release, or discharge or impacts to native species and ecosystems.(b) Water spinach culture facility requirements. Water spinach culture facility requirements are described in § 57.118 of this title (relating to Special Provisions--Water Spinach).(c) Commercial aquaculture facility requirements.(1) A facility holding controlled exotic species shall be designed to prevent escape, release, or discharge of controlled exotic species or unauthorized discharge of wastewater by means of appropriately designed and constructed screens, barriers, filters, recirculating aquaculture systems, or other methods that are approved by the department. All screens, barriers, or other approved devices intended to prevent escape, release, or discharge as required under this section shall be specified in the conditions of the permit and must be properly maintained at all times.(2) If the facility employs screens to comply with the provisions of this section: (A) screens must have a mesh size that is capable of preventing the passage of controlled exotic species at the smallest life stage present in the facility at the time of discharge;(B) screens must be redundant or otherwise designed and constructed such that the level of protection against escape, release, or discharge of controlled exotic species is not reduced if a screen is damaged or must be removed to accomplish cleaning, repair, or other maintenance; and(C) wastewater discharged from the facility must be routed through all screens in accordance with department approval prior to the point where wastewater leaves the facility.(3) In addition to any other requirements of this subchapter, any portion of a facility that is to contain controlled exotic species and is located within the 100-year flood plain (referred to as Zone A on the National Flood Insurance Program Flood Insurance Rate Map) must be elevated above the 100-year floodplain or enclosed within an earthen or concrete dike or levee constructed in such a manner as to exclude all flood waters. No section of the crest of the dike or levee or building foundation, as applicable, may be less than one foot above the 100-year flood elevation. Dike and levee design and construction must be approved by the department.(4) Facility Complex. For a facility that is part of a facility complex, the following additional facility standards apply: (A) For a facility complex with a common drainage, each permit holder shall: (i) maintain at least one screen or barrier capable of preventing the escape, release, or discharge of controlled exotic species into a common drainage; and(ii) have authority to stop the discharge of wastewater from the entire complex in the event of escape, release, or discharge of controlled exotic species from the permit holder's facility.(B) In addition to any other requirements of this subchapter, a permit holder whose facility is part of a facility complex shall ensure the installation of signage that clearly identifies each pond or other component of the permit holder's facility. Signage required by this section must: (ii) bear the name and permit number of the permit holder;(iii) be within 10 feet of the authorized pond or other facility component; and(iv) correspond to the location of the pond or other facility component as indicated on the map provided to the department as required by § 57.122 of this title (relating to Permit Application, Issuance, and Period of Validity).31 Tex. Admin. Code § 57.119
The provisions of this §57.119 adopted to be effective January 2, 1997, 21 TexReg 12414; amended to be effective July 19, 2000, 25 TexReg 6772; amended to be effective December 26, 2006, 31 TexReg 10340; amended to be effective June 12, 2013, 38 TexReg 3644; Adopted by Texas Register, Volume 46, Number 04, January 22, 2021, TexReg 0576, eff. 1/27/2021