Drainage from acid-forming and toxic-forming spoil into ground and surface waters shall be avoided by:
  (1) identifying, burying, and treating where necessary, spoil which, in the judgment of the Commission, may be detrimental to vegetation or may adversely affect water quality if not treated or buried;
  (2) preventing water from coming into contact with acid-forming and toxic-forming spoil in accordance with §12.386 of this title (relating to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials), and other measures as required by the Commission; and
  (3) burying or otherwise treating all acid-forming or toxic-forming spoil within 30 days after it is first exposed on the mine site, or within a lesser period required by the Commission. Temporary storage of the spoil may be approved by the Commission upon a finding that burial or treatment within 30 days is not feasible and will not result in any material risk of water pollution or other environmental damage. Storage shall be limited to the period until burial or treatment first becomes feasible. Acid-forming or toxic-forming spoil to be stored shall be placed on impermeable material and protected from erosion and contact with surface water.

Source Note: The provisions of this §12.346 adopted to be effective April 7, 1997, 22 TexReg 3093.