If the verifying analysis indicates the existence of an excursion in a designated monitor well, the operator shall take the following actions:
  (1) notification--notify the commission regional office by the next working day by telephone and notify the executive director by letter postmarked within 48 hours of identification of the excursion. The notification must identify the affected monitor well and the control parameter concentrations.
  (2) analysis--complete a groundwater analysis report for each affected well on forms provided by the executive director (including accuracy checks and stiff diagram) for the following: pH, calcium, magnesium, sodium, potassium, carbonate, bicarbonate, sulfate, chloride, silica, total dissolved solids (180 degrees Celsius), specific conductance and dilute conductance, uranium, radium-226 and any other specified constituents. Results shall be reported in accordance with §331.85(f) of this title (relating to Reporting Requirements).
    (A) The permittee will clean up all designated monitor wells, all zones outside of the production zone, and the production zone outside of the mine area that contain mining solutions. The permittee may use any method judged necessary and prudent to define the extent of the mining solutions and to effect this clean-up in an expeditious and practical manner. Well clean-up is deemed to be accomplished when the water quality in the affected monitor well(s) has been restored to current local baseline water quality as confirmed by three consecutive daily samples for the control parameters.
    (B) The executive director may determine that cleanup is not necessary if the permittee can demonstrate that the change in water quality is not due to the presence of mining solutions or fluids from other mining activities.

Source Note: The provisions of this §331.106 adopted to be effective May 13, 1986, 11 TexReg 1985; amended to be effective November 23, 2000, 25 TexReg 11433; amended to be effective March 12, 2009, 34 TexReg 1638