Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.339 - Hydrologic Balance: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Surface mining activities shall be
					 planned and conducted to minimize disturbance of the hydrologic balance within
					 the permit and adjacent areas, to prevent material damages to the hydrologic
					 balance outside the permit area, to assure the protection or replacement of
					 water rights, and to support approved postmining land uses in accordance with
					 the terms and conditions of the approved permit and the performance standards
					 of §§12.330-12.338, this section, and §§
											RSA
					 12.340-RSA 12.403 of
					 this title (relating to Permanent Program Performance Standards--Surface Mining
					 Activities). The Commission may require additional preventative, remedial, or
					 monitoring measures to assure that material damage to the hydrologic balance
					 outside the permit area is prevented. Surface mining and reclamation practices
					 that minimize water pollution and changes in flow shall be used in preference
					 to water treatment.
(b) Changes in
					 water quality and quantity, in the depth to ground water, and in the location
					 of surface-water drainage channels shall be minimized so that the approved
					 postmining land use of the permit area is not adversely affected.
(c) In no case shall federal and state
					 water-quality statutes, regulations, standards, or effluent limitations be
					 violated.
(d) Operations shall be
					 conducted to minimize water pollution and, where necessary, treatment methods
					 shall be used to control water pollution.
(1)
					 Each person who conducts surface mining activities shall emphasize mining and
					 reclamation practices that prevent or minimize water pollution. Changes in flow
					 of drainage shall be used in preference to the use of water treatment
					 facilities.
(2) Acceptable
					 practices to control and minimize water pollution include, but are not limited
					 to:
(A) stabilizing disturbed areas through
					 land shaping;
(B) diverting
					 runoff;
(C) achieving quickly
					 germinating and growing stands of temporary vegetation;
(D) regulating channel velocity of
					 water;
(E) lining drainage channels
					 with rock or vegetation;
(F)
					 mulching;
(G) selectively placing
					 waste materials in backfill areas; and
(H) selectively placing and sealing
					 acid-forming and toxic-forming materials.
(3) If the practices listed in subsection
					 (d)(2) of this section are not adequate to meet the requirements of
					 §§12.330-12.338, this section, and §§
												RSA
					 12.340-RSA 12.403 of
					 this title (relating to Permanent Program Performance Standards--Surface Mining
					 Activities), the person who conducts surface mining activities shall operate
					 and maintain the necessary water treatment facilities for as long as treatment
					 is required under §§12.330-12.338, this section, and §§
												RSA
					 12.340-RSA 12.403 of
					 this title (relating to Permanent Program Performance Standards--Surface Mining
					 Activities).