Rule for Sand Mining in the San Jacinto River Basin

Sand is the Foundation of Construction

Sand is the most mined mineral in the world, as it is used to make concrete, cement and glass, all major components of construction. As the world grows and develops, so does the need for sand. Deposits vary in size, proximity to surface, and properties. That is why the San Jacinto River Basin, a basin that runs north to the south through Montgomery, Harris, Liberty, Grimes, San Jacinto and Waller counties, is an important resource. With its large, relatively flat floodplains, and a high degree of sinuosity and desirable physical characteristics of the sand, the San Jacinto River Basin is a useful regional resource.

A New Rule for Operators in San Jacinto River Basin

As development increases, construction operations that have been serving the surrounding communities for years have come under scrutiny by local citizens looking for greater regulatory control over sand and gravel operators in the region. Generally, stakeholders have been seeking a balance between the demands of a growing community and the resources it needs to thrive. Petitions were made to the Texas Commission on Environmental Quality (TCEQ) by the Texas Aggregates and Concrete Association (TACA) and the Lake Houston Area Grassroots Flood Prevention Initiative, to implement a new rule regulating the sand and gravel industry. On December 15, 2021, Subchapter J in 30 TAC Chapter 311 was adopted and made effective January 6, 2022. With this new rule, a guidance document – RG-555 – was produced to help operators determine which Best Management Practices, or BMPs, should be implemented and how. BMPs are methods used to prevent or control stormwater runoff and the discharge of pollutants, including sediment, into surface water across the state.

Key Points of New Rule

As a sand mining operator working within the San Jacinto River Basin, it is crucial to know what is expected before you begin, or as you continue operating. Figure 30TAC§311.101(a)(7) (below) shows the boundary of the Basin (or Watershed) and what counties it encompasses.

·       Plans and maps of the project must be kept on site for any TCEQ inspector upon request, rather than submitting them to TCEQ prior to construction.

·       BMP designs must include vegetative controls, structural controls, and the designation of buffers. 

·       Maps must be prepared for the pre-mining, active mining, and post-mining phases for the life of the quarry.

·       Should the operator find any of the proposed or recommended BMPs infeasible, the operator must state for various reasons why it is infeasible and offer an alternative. Written documentation of reasons must be kept on-site. 

·       All BMPs need to be certified either by a Texas Professional Engineer or Professional Geologist. Once a design is approved by either, the BMP will need to be installed by the operator.

·       The operator must have the BMPs, certified by the engineer or geologist, inspected, and verified that the implementation is consistent with RG-555 and any industry standards.

·       The BMPs need to be inspected and maintained in accordance with the design specifications.

·       Any replacements or modifications to the BMP will need to be done in a timely manner, but no later than the next anticipated storm event. 

·       Once a mining area has been deemed finished and operations will no longer continue there, a Final Stabilization Report will need to be submitted to the executive director prior to operations terminating.

If you are a sand mining operator who is currently, or planning to work in the San Jacinto River Basin, become knowledgeable about the “San Jacinto River Basin Rule” and its applications to your project. Know that you will be expected to have a plan and BMPs in place should a TCEQ inspector visit your site.

Westward Environmental, Inc. has an integral knowledge of compliance and has helped countless operators with this, and related TCEQ regulations. Our team has been at the forefront of crafting methods that help operators stay compliant with regulations that not only service our clients, but also assist TCEQ as they begin enforcing these new rules. We prepare new plans and offer designs for BMPs that satisfy TCEQ standards and meet the operational needs of our clients. Together, we can operate efficiently while protecting our natural resources and habitats.