(a) Surface mining activities shall be planned and conducted to minimize disturbance of the hydrologic balance within the permit and adjacent areas, to prevent material damages to the hydrologic balance outside the permit area, to assure the protection or replacement of water rights, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the performance standards of §§12.330-12.338, this section, and §§12.340-12.403 of this title (relating to Permanent Program Performance Standards--Surface Mining Activities). The Commission may require additional preventative, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Surface mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.
(b) Changes in water quality and quantity, in the depth to ground water, and in the location of surface-water drainage channels shall be minimized so that the approved postmining land use of the permit area is not adversely affected.
(c) In no case shall federal and state water-quality statutes, regulations, standards, or effluent limitations be violated.
(d) Operations shall be conducted to minimize water pollution and, where necessary, treatment methods shall be used to control water pollution.
  (1) Each person who conducts surface mining activities shall emphasize mining and reclamation practices that prevent or minimize water pollution. Changes in flow of drainage shall be used in preference to the use of water treatment facilities.
  (2) Acceptable practices to control and minimize water pollution include, but are not limited to:
    (A) stabilizing disturbed areas through land shaping;
    (B) diverting runoff;
    (C) achieving quickly germinating and growing stands of temporary vegetation;
    (D) regulating channel velocity of water;
    (E) lining drainage channels with rock or vegetation;
    (F) mulching;
    (G) selectively placing waste materials in backfill areas; and
    (H) selectively placing and sealing acid-forming and toxic-forming materials.
  (3) If the practices listed in subsection (d)(2) of this section are not adequate to meet the requirements of §§12.330-12.338, this section, and §§12.340-12.403 of this title (relating to Permanent Program Performance Standards--Surface Mining Activities), the person who conducts surface mining activities shall operate and maintain the necessary water treatment facilities for as long as treatment is required under §§12.330-12.338, this section, and §§12.340-12.403 of this title (relating to Permanent Program Performance Standards--Surface Mining Activities).

Source Note: The provisions of this §12.339 adopted to be effective April 7, 1997, 22 TexReg 3093.