SECTION 311.76. Restoration Plan

(a) The Restoration Plan must include a proposed plan of action for how the responsible party will restore the receiving waters to background conditions in the event of an unauthorized discharge that affects those receiving waters. The Restoration Plan, at a minimum, must:

(1) identify receiving waters at risk of an unauthorized discharge from the quarry;

(2) describe the process to be used in documenting the existing physical, chemical, and/or biological background conditions of each of the adjacent receiving waters;

(3) provide a schedule for completing the determination of background conditions of each of the receiving waters and for updating background conditions in the future, as appropriate;

(4) identify the goals and objectives of potential restoration actions;

(5) provide a reasonable range of restoration alternatives and the preferred restoration alternative that may be implemented to return the affected waters to background conditions in the event of an unauthorized discharge;

(6) describe the process for monitoring the effectiveness of the preferred restoration action, including performance criteria, that will be used to determine the success of the restoration or need for interim site stabilization;

(7) identify a process for public involvement in the selection of the restoration alternative to be implemented to restore the receiving waters to background conditions; and

(8) provide a detailed estimate of the maximum probable costs required to complete a restoration action, given the size, location, and description of the quarry and the nature of the receiving waters. The maximum probable cost must be based on the costs to a third party conducting the action without a financial interest or ownership in the quarry.

(b) Certification of the Restoration Plan must be provided, within the appropriate area or discipline, by a licensed Texas professional engineer or a licensed Texas professional geoscientist. Components of the Restoration Plan may be independently certified, as appropriate.

Source Note: The provisions of this §311.76 adopted to be effective August 3, 2006, 31 TexReg 6033