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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.509 - Hydrologic Balance: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Underground 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 §§12.500-12.508, this section, and §§
											RSA
					 12.510-RSA 12.572 of
					 this title (relating to Permanent Program Performance Standards--Underground
					 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. 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 underground
					 mining activities shall emphasize mining and reclamation practices that prevent
					 or minimize water pollution. Changes in flow 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
					 and sealing acid-forming and toxic-forming materials;
(H) designing mines to prevent gravity
					 drainage of acid waters;
(I)
					 sealing;
(J) controlling
					 subsidence; and
(K) preventing acid
					 mine drainage.
(3) If
					 the practices listed at subsection (d)(2) of this section are not adequate to
					 meet the requirements of §§12.500-12.508, this section, and
					 §§
												RSA
					 12.510-RSA 12.572 of
					 this title (relating to Permanent Program Performance Standards--Underground
					 Mining Activities), the person who conducts underground mining activities shall
					 operate and maintain the necessary water-treatment facilities for as long as
					 treatment is required under §§12.500-12.508, this section, and
					 §§
												RSA
					 12.510-RSA 12.572 of
					 this title (relating to Permanent Program Performance Standards--Underground
					 Mining Activities).