SECTION 12.350. 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 §12.146(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 §12.146(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 §§12.206-12.221 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 section, 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 §12.146(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 §12.146(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 §12.146(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 §§12.206-12.221 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 section, 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 §12.146(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.

Source Note: The provisions of this §12.350 adopted to be effective November 4, 1997, 22 TexReg 10640.