(a) Vegetative Controls. The operator shall develop and implement all vegetative Best Management Practices (BMPs) identified in the guidance document developed by the executive director for the appropriate phases of the sand mining facility's operation.

(b) Structural Controls. The operator shall develop and implement all structural BMPs identified in the guidance document developed by the executive director for the appropriate phases of the sand mining facility's operation.

(c) Pre-mining, Mining, and Post-mining. The operator shall identify, develop and implement all other BMPs identified in the guidance document developed by the executive director for pre-mining, mining, and post-mining phases of the sand mining facility's operation.

(d) Infeasibility. Certain BMPs for sections (a), (b), and (c) above may be infeasible for some sand mining facility operations based on site-specific factors. An infeasibility determination is required when BMPs may be infeasible, as defined in §311.101(3). Detailed, supporting documentation shall be maintained onsite demonstrating why the BMP is infeasible, that the alternative BMP is more appropriate for the site, and that the alternative BMP provides equivalent or improved water quality protection. The operator shall implement the documented alternative, equivalent BMP at the site. The following criteria shall be used when documenting and determining the infeasibility of a BMP and that an alternative, equivalent BMP is more appropriate for the site:

(1) human health and safety concerns;

(2) local restrictions or codes;

(3) cost effectiveness;

(4) site soils;

(5) slope;

(6) available area;

(7) precipitation patterns;

(8) site vegetation;

(9) infiltration capacity;

(10) depth and distance to water in the state; and

(11) other similar technological considerations.

(e) Installation and Maintenance. The operator shall install and maintain all control measures in accordance with the manufacturer's specifications and good engineering practices.

(f) Replacement or Modification of Controls. Following periodic inspections, the operator shall replace or modify controls in a timely manner, but no later than the next anticipated storm event. Periodic inspections include those performed by the operator in compliance with the guidance document of BMPs or permits required by Chapters 205 or 305 of this title (relating to General Permits for Waste Discharges and Consolidated Permits, respectively) or inspections performed by the executive director which determine that such measures have been used inappropriately, or incorrectly, or are not adequate.

(g) Certification of BMPs. The operator shall obtain certification of the design and installation of all new and existing BMPs, within the appropriate area or discipline, by a licensed Texas professional engineer or a licensed Texas professional geoscientist prior to commencing or continuing regulated activities. The selected BMPs may be independently certified, as appropriate.

(h) Mine Plan and Final Stabilization Report.

(1) The operator shall develop a Mine Plan prior to commencing or continuing regulated activities at the site. The Mine Plan shall: (A) be developed and maintained onsite in accordance with the guidance document of BMPs developed by the executive director; (B) be kept current and updated as necessary to address changing conditions at the site; (C) be signed and certified by a licensed Texas professional engineer or a licensed Texas professional geoscientist.

(2) Using the Mine Plan referenced in §311.103(h)(1), the operator shall develop a Final Stabilization Report prior to operations terminating at the site or portion(s) of the site. (A) The Final Stabilization Report shall: (i) be developed in accordance with the guidance document of BMPs developed by the executive director; (ii) be signed and certified by a licensed Texas professional engineer or a licensed Texas professional geoscientist; (iii) be submitted to the executive director for review and approval prior to operations terminating at the site or portion(s) of the site; (iv) receive executive director approval prior to implementation. (B) All required elements of the approved Final Stabilization Report shall be implemented and completed prior to operations terminating at portion(s) of the site or cancelling any permit or authorization required by Chapter 205 or 305 of this title as a result of operations terminating at the site.

(i) Investigation. The executive director may conduct an investigation in addition to the review of the Final Stabilization Report, prior to the termination of sand mining facility operations at the site or portion(s) of the site.

(j) Documentation. All documentation related to compliance with this subchapter shall be maintained onsite and made readily available for inspection and review upon request by authorized executive director staff as well as local pollution control entities with jurisdiction. The executive director may require any additional information deemed appropriate and necessary to demonstrate compliance with the provisions of Texas Water Code, Chapter 26 or this subchapter.

(k) Existing Sand Mining Facilities.

(1) Sand mining facility operators registered as an APO with the commission on the effective date of this rule must comply with §§311.103(a) - (e) and (g) of this title within 180 days following the effective date of this subchapter. All future updates or changes to BMPs must be certified in accordance with §311.103(g).

(2) Sand mining facility operators registered as an APO with the commission on the effective date of this rule must comply with §311.103(h)(1) of this title within 180 days following the effective date of this subchapter. All future updates or changes to the Mine Plan must be made in accordance with §311.103(h)(1).

Source Note: The provisions of this §311.103 adopted to be effective January 6, 2022, 46 TexReg 9401