Surface water shall not be diverted or otherwise discharged into underground mine workings, unless the person who conducts the surface mining activities demonstrates to the Commission that the discharge will:
  (1) abate water pollution or otherwise eliminate public hazards resulting from surface mining activities;
  (2) be discharged as a controlled flow, meeting the effluent limitations referenced in §12.340 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations) for pH and total suspended solids, except that the pH and total suspended solid limitations may be exceeded, if approved by the Commission, and the discharge is limited to:
    (A) coal processing waste;
    (B) fly ash from a coal-fired facility;
    (C) sludge from an acid mine drainage treatment facility;
    (D) flue-gas desulfurization sludge;
    (E) inert materials used for stabilizing underground mines; or
    (F) underground mine development wastes;
  (3) in any event not cause, result in, or contribute to a violation of applicable water-quality standards or effluent limitations due to discharge from underground mines to surface waters;
  (4) minimize disturbance to the hydrologic balance of the permit area, prevent material damage outside the permit area, and otherwise eliminate public hazards resulting from surface mining activities; and
  (5) meet with the approval of the Mine Safety and Health Administration.

Source Note: The provisions of this §12.353 adopted to be effective April 7, 1997, 22 TexReg 3093.