1. (a) Restoration table. Upon issuance and renewal, Class III permits and production area authorizations shall contain a restoration table listing restoration goals as provided by §331.104 of this title (relating to Establishment of Baseline and Restoration Values).
2. (b) Mining completion. When the mining of a permit or production area is completed, the permittee shall notify the appropriate Texas Water Commission district office and the executive director and shall proceed to reestablish groundwater quality in the affected permit or mine area aquifers to levels consistent with the values listed in the restoration table for that permit or mine area. Restoration efforts shall begin as soon as practicable but not later than 30 days after mining is completed in a particular production area. The executive director, subject to commission approval, may grant a variance from the 30-day period for good cause shown.

3. (c) Timetable. Aquifer restoration, where appropriate for each permit or mine area, shall be accomplished in accordance with the timetable specified in the currently approved mine plan, unless otherwise authorized by the commission. Authorization for expansion of mining into new production areas may be contingent upon achieving restoration progress in previously mined production areas within the schedule set forth in the mine plan. The commission may amend the permit to allow an extension of the time to complete restoration after considering the following factors:

   1. (1) efforts made to achieve restoration by the original date in the mine plan;
   2. (2) technology available to restore groundwater for particular parameters;
   3. (3) the ability of existing technology to restore groundwater to baseline quality in the area;
   4. (4) the cost of achieving restoration by a particular method;
   5. (5) the amount of water which would be used or has been used to achieve restoration;
   6. (6) the need to make use of the effected aquifer; and
   7. (7) complaints from persons effected by the permitted activity.
4. (d) Reports. Beginning six months after the date of initiation of restoration of a permit or production area, as defined in the mine plan, the operator shall provide to the executive director semi-annual restoration progress reports until restoration is accomplished for the permit or mine area.
5. (e) Stability sampling. The permittee shall obtain stability samples and complete an analysis for certain parameters listed in the restoration table from all production area baseline wells. Stability samples shall be conducted at a minimum of 30-day intervals for a minimum of three sample sets and reported to the executive director. The permittee shall notify the executive director at least two weeks in advance of sample dates in order to provide the opportunity for splitting samples and for selecting additional wells for sampling, if desired. To insure water quality has stabilized, a period of 180 days must elapse between cessation of restoration operations and the final set of stability samples. The executive director shall determine within 45 days of the receipt of all sample analysis results whether or not restoration has been achieved. Upon acknowledgement in writing by the executive director confirming achievement of final restoration, the permittee shall accomplish closure of the area in accordance with §331.86 of this title (relating to Closure).

6. (f) Restoration table values not achieved. After an appropriate effort has been made to achieve restoration to levels consistent with values listed in the restoration table for a production area, the permittee may cease restoration operations, reduce bleed and request that the restoration table be amended. With the request for amendment, the permittee shall submit the results of three consecutive samples sets taken at a minimum of 30-day intervals from all production area baseline wells used in determining the restoration table to verify current water quality. Stabilization sampling may commence 60 days after cessation of restoration operations.

   1. (1) In determining whether the restoration table should be amended, the commission will consider the following items addressed in the request:

      1. (A) uses for which the groundwater was suitable at baseline water quality levels;
      2. (B) actual existing use of groundwater in the area prior to and during mining;
      3. (C) potential future use of groundwater of baseline quality and of proposed restoration quality;
      4. (D) the effort made by the permittee to restore the groundwater to baseline;
      5. (E) technology available to restore groundwater for particular parameters;
      6. (F) the ability of existing technology to restore groundwater to baseline quality in the area under consideration;
      7. (G) the cost of further restoration efforts;
      8. (H) the consumption of groundwater resources during further restoration; and
      9. (I) the harmful effects of levels of particular parameters.

   2. (2) The commission may amend the restoration table if it finds that:

      1. (A) reasonable restoration efforts have been undertaken, giving consideration to the factors listed in paragraph (1) of this subsection;
      2. (B) The values for the parameters describing water quality have stabilized for a period of 180 days;
      3. (C) The formation water present in the aquifer would be suitable for any use to which it was reasonably suited prior to mining; and
      4. (D) Further restoration efforts would consume energy, water, or other natural resources of the state without providing a corresponding benefit to the state.
   3. (3) If the restoration table is amended, restoration sampling shall commence and proceed as described in subsection (e) of this section.

Source Note:The provisions of this §331.107 adopted to be effective May 13, 1986, 11 TexReg 1985; amended to be effective March 30, 1988, 13 TexReg 1339.