16 Tex. Admin. Code § 12.519 - Hydrologic Balance: Surface and Ground-Water Monitoring
(a) Ground water.
(1) Ground-water monitoring shall be
conducted according to the ground-water monitoring plan approved under §
12.188(b) of
this title (relating to Reclamation Plan: Protection of Hydrologic Balance).
The Commission may require additional monitoring when necessary.
(2) Ground-water monitoring data shall be
submitted every three months to the Commission or more frequently as prescribed
by the Commission. Monitoring reports shall include analytical results from
each sample taken during the reporting period. When the analysis of any
ground-water sample indicates noncompliance with the permit conditions, then
the operator shall promptly notify the Commission and immediately take the
action provided for in § 12.221(a) and §
12.188(a) of
this title (relating to Conditions of Permits: Environment, Public Health, and
Safety, and to Reclamation Plan: Protection of Hydrologic Balance).
(3) Ground-water monitoring shall proceed
through mining and continue during reclamation until bond release. Consistent
with the procedures of §§
12.207-12.221 of this title (relating to
Review, Public Participation, and Approval of Permit Applications and Permit
Terms and Conditions), the Commission may modify the monitoring requirements,
including the parameters covered and the sampling frequency, if the operator
demonstrates, using the monitoring data obtained under this subsection, that:
(A) the operation has minimized disturbance
to the hydrologic balance in the permit and adjacent areas and prevented
material damage to the hydrologic balance outside the permit area; water
quantity and quality are suitable to support approved postmining land uses; and
the water rights of other users have been protected or replaced; or
(B) monitoring is no longer necessary to
achieve the purposes set forth in the monitoring plan approved under §
12.188(b) of
this title (relating to Reclamation Plan: Protection of Hydrologic
Balance).
(4) Equipment,
structures, and other devices used in conjunction with monitoring the quality
and quantity of ground water onsite and offsite shall be properly installed,
maintained, and operated and shall be removed when no longer needed.
(b) Surface water.
(1) Surface-water monitoring shall be
conducted according to the surface-water monitoring plan approved under §
12.188(c) of
this title (relating to Reclamation Plan: Protection of Hydrologic Balance).
The Commission may require additional monitoring when necessary.
(2) Surface-water monitoring data shall be
submitted every three months to the Commission or more frequently as prescribed
by the Commission. Monitoring reports shall include analytical results from
each sample taken during the reporting period. When the analysis of any
surface-water sample indicates noncompliance with the permit conditions, then
the operator shall promptly notify the Commission and immediately take the
action provided for in § 12.221(a) and §
12.188(a) of
this title (relating to Conditions of Permits: Environment, Public Health, and
Safety, and to Reclamation Plan: Protection of Hydrologic Balance). The
reporting requirements of this paragraph do not exempt the operator from
meeting any National Pollutant Discharge Elimination System (NPDES)
requirements.
(3) Surface-water
monitoring shall proceed through mining and continue during reclamation until
bond release. Consistent with the procedures of §§
12.207-12.221 of this title (relating to
Review, Public Participation, and Approval of Permit Applications and Permit
Terms and Conditions), the Commission may modify the monitoring requirements,
except those required by the NPDES permitting authority, including the
parameters covered and the sampling frequency, if the operator demonstrates,
using the monitoring data obtained under this subsection, that:
(A) the operation has minimized disturbance
to the hydrologic balance in the permit and adjacent areas and prevented
material damage to the hydrologic balance outside the permit area; water
quantity and quality are suitable to support approved postmining land uses; and
the water rights of other users have been protected or replaced; or
(B) monitoring is no longer necessary to
achieve the purposes set forth in the monitoring plan approved under §
12.188(c) of
this title (relating to Reclamation Plan: Protection of Hydrologic
Balance).
(4) Equipment,
structures, and other devices used in conjunction with monitoring the quality
and quantity of surface water onsite and offsite shall be properly installed,
maintained, and operated and shall be removed when no longer needed.
Notes
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