In the event the department determines that the pit location as detailed in the quarry safety plan or other application will contain substantial soil types of such density and other factors that will have a high probability of holding or impounding water when the pit is operating, inactive, or abandoned, and the impoundment of water poses a definite and determinable unreasonable risk to human health and safety, the department may require the responsible party to slope the sidewalls as an additional requirement to obtain a safety certificate or to alter the berm or barrier.

Source Note:The provisions of this §21.710 adopted to be effective July 15, 2004, 29 TexReg 6734.