16 Tex. Admin. Code § 12.339 - Hydrologic Balance: General Requirements
(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 §§
12.340-12.403 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 §§
12.340-12.403 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 §§
12.340-12.403 of this title (relating to
Permanent Program Performance Standards--Surface Mining Activities).
Notes
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