| (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).
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