SECTION 12.518. Hydrologic Balance: Underground Mine Entry and Access Discharges

(a) Surface entries and accesses to underground workings, including adits and slopes, shall be located, designed, constructed, and utilized to prevent or control gravity discharge of water from the mine.

(b) Gravity discharge of water from an underground mine, other than a drift mine subject to subsection (c) of this section, may be allowed by the Commission, if it is demonstrated that:

(1) the discharge:

(A) satisfies the water effluent limitations referenced in §12.510 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations) and all applicable state and federal water-quality standards without treatment; and

(B) will result in changes in the prevailing hydrologic balance that are minimal, and approved postmining land uses will not be adversely affected; or

(2) discharges:

(A) are conveyed to a treatment facility in the permit area in accordance with §12.510 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations); and

(B) for all water from the underground mine discharged from the treatment facility, the effluent limitations referenced in §12.510 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations) and all other applicable state and federal statutes and regulations are met; and

(C) consistent maintenance of the treatment facility will occur throughout the anticipated period of gravity discharge.

(c) Notwithstanding anything to the contrary in subsections (a) and (b) of this section, for a drift mine first used after the implementation of a state, federal, or federal lands program and located in acid-producing or iron-producing coal seams, surface entries and accesses shall be located in such a manner as to prevent any gravity discharge from the mine.

Source Note: The provisions of this §12.518 adopted to be effective April 7, 1997, 22 TexReg 3093.