(a) Each application shall contain a description of the geology, hydrology, and water quality and quantity of all lands within the proposed permit area, the adjacent areas, and the general area. The description shall include information on the characteristics of all surface and ground waters within the general area, and any water which will flow into or receive discharges of water from the general area. The description shall include geologic information in sufficient detail to assist in determining:
  (1) the probable hydrologic consequences of the operation upon the quality and quantity of surface and ground water in the permit and adjacent areas, including the extent to which surface- and ground-water monitoring is necessary;
  (2) all potentially acid- or toxic-forming strata down to and including the stratum immediately below the lowest coal seam to be mined; and
  (3) whether reclamation as required by this chapter (relating to Coal Mining Regulations) can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.
(b) The description shall be prepared according to this section and §§12.127-12.130 of this title (relating to Geology Description, to Ground-Water Information, to Surface-Water Information, and to Alternative Water Supply Information), and conform to the following:
  (1) information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed permit area and within the general area shall be provided by the Commission, to the extent that this data is available from an appropriate federal or state agency; and
  (2) if this information is not available from those agencies, the applicant may gather and submit this information to the Commission as part of the permit application; and
  (3) the permit shall not be approved by the Commission until this information is made available in the application.
(c) The use of modeling techniques may be included as part of the permit application, but the same surface- and ground-water information may be required for each site as when models are not used.
(d) All water-quality analyses performed to meet the requirements of this chapter shall be conducted according to the methodology in the 23rd edition of the American Public Health Association's Standard Methods for the Examination of Water and Wastewater, which is incorporated by reference, or the methodology in 40 CFR Parts 136 and 434.

Source Note: The provisions of this §12.126 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503