Texas Administrative Code

(a) Within 10 months after receipt of a complete petition, the Commission shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held. The Commission may subpoena witnesses as necessary. T…

(a) This section applies to reclamation projects involving the restoration of lands and water adversely affected by past mineral mining; projects involving the protection, repair, replacement, construction, or enhancement of utilities (such as those relating to water supply, road…

(a) Following certification by the Commission of the completion of all known coal projects and the Director's concurrence in such certification, eligible noncoal lands, waters, and facilities shall be those: (1) which were mined or processed for minerals or which were affected by…

To receive abandoned mine land (AML) funds, every successful bidder for an AML contract must be eligible under § 12.215 of this title (relating to Review of Permit Applications) at the time of contract award to receive a permit or conditional permit to conduct surface coal mining…

The Commission shall not be liable under any provision of federal law for any costs or damages as a result of action taken or omitted in the course of carrying out an approved Commission abandoned mine reclamation plan. This section shall not preclude liability for costs or damag…

(a) Water supply restoration projects are those that protect, repair, replace, construct, or enhance facilities related to water supplies, including water distribution facilities and treatment plants that have been adversely affected by coal mining practices. If the adverse effec…

(a) Reclamation projects should be accomplished in accordance with OSMRE's "Final Guidelines for Reclamation Programs and Projects" (66 Federal Register 31250, June 11, 2001). (b) Reclamation project expenditures shall reflect the priorities of Section 403(a) of the Federal Act i…

(a) Coal mined lands and associated waters shall be eligible for reclamation activities if: (1) they were mined for coal or affected by coal mining processes; (2) they were mined prior to August 3, 1977, and left or abandoned in either an unreclaimed or inadequately reclaimed con…

(a) The Commission shall issue a Commission Blaster Certificate to those applicants examined and found to meet the requirements of §12.700, §§12.702-12.706, this section, and §§ 12.708 - 12.710 of this title (relating to Training, Examination, and Certification of Blasters) for a…

(a) Each applicant for the issuance or reissuance of a Commission Blaster Certificate shall pass a written examination of the technical aspects of blasting operations and state and federal laws and regulations governing the storage, use, and transportation of explosives. (1) The …

(a) The Surface Mining and Reclamation Division shall make available to persons seeking Commission blaster certification or training an application form and instructions for its completion. (b) Completed application forms, including required fees and any applicable supporting evi…

(a) The Commission shall offer or contract for courses of instruction for the purpose of providing training under §§12.700, 12.702, and 12.703, this section, and §§ 12.705 - 12.710 of this title (relating to Training, Examination, and Certification of Blasters) to qualified perso…

(a) On-the-job training. Except as provided in § 12.706 of this title (relating to Examination) for reexamination, each applicant who does not qualify as a blaster shall have: (1) received on-the-job training, including practical field experience in blasting operations, from a bl…

(a) The Commission shall arrange for a conference to review the proposed assessment or reassessment, upon written request of the person to whom the notice or order was issued, if the request is received within 15 days from the date the proposed assessment or reassessment is maile…

(a) Within 15 days of service of a notice or order, the person to whom it was issued may submit written information about the violation to the Commission and to the inspector who issued the notice of violation or cessation order. The Commission shall consider any information so s…

This subchapter (relating to Lands Unsuitable for Mining) establishes the procedures and standards to be followed in determining whether a proposed surface coal mining and reclamation operation can be authorized in light of the prohibitions and limitations in §§134.016-134.022 of…

(a) The Commission may assess separately a civil penalty for each day from the date of issuance of the notice of violation or cessation order to the date set for abatement of the violation. In determining whether to make such an assessment, the Commission shall consider the facto…

(a) Within its jurisdiction, the Commission shall have a right of entry to, upon, and through any coal exploration or surface coal mining and reclamation operation without advance notice or search warrant, upon presentation of appropriate credentials. (b) The Commission shall ins…

(a) The Commission shall conduct an average of at least one partial inspection per month of each surface coal mining and reclamation operation under its jurisdiction. A "partial inspection" is an onsite review of a person's compliance with some of the permit conditions and requir…

(a) Each person who conducts in situ-processing activities shall monitor the quality and quantity of surface and ground water and the subsurface flow and storage characteristics, in a manner approved by the Commission under § 12.519 of this title (relating to Hydrologic Balance: …

(a) The person who conducts in situ-processing activities shall comply with §§ 12.500 - 12.572 of this title (relating to Permanent Program Performance Standards--Underground Mining Activities) and this section. (b) In situ-processing activities shall be planned and conducted to …

(a) Any auger mining associated with surface mining activities shall be conducted to maximize recoverability of mineral reserves remaining after the mining activities are completed. Each person who conducts auger mining operations shall leave access for removal of those reserves …

(a) Records required by the Act to be made available locally to the public shall be retained at the geographically closest office to the Commission's Surface Mining and Reclamation Division. (b) Other records or documents in the possession of the Commission may be requested pursu…

(a) Support facilities shall be operated in accordance with a permit issued for the mine or coal preparation plant to which it is incident or from which its operation results. (b) In addition to the other provisions of §§ 12.500 - 12.571 of this title (relating to Permanent Progr…

All underground mining activities shall be conducted in a manner which minimizes damage, destruction, or disruption of services provided by oil, gas, and water wells; oil, gas, and coal-slurry pipelines, railroads; electric and telephone lines; and water and sewage lines which pa…

Primary roads shall meet the requirements of § 12.569 of this title (relating to Roads: General) and the additional requirements of this section. (1) Certification. The construction or reconstruction of primary roads shall be certified in a report to the Commission by a qualified…

(a) Road classification system. (1) Each road, as defined in § 12.3 of this title (relating to Definitions), shall be classified as either a primary road or an ancillary road. (2) A primary road is any road which is: (A) used for transporting coal or spoil; (B) frequently used fo…

(a) General. Surface land areas affected by mining activities shall be restored in a timely manner: (1) to conditions that are capable of supporting the uses which they were capable of supporting before any mining; or (2) to higher or better uses achievable under criteria and pro…

(a) The person who conducts underground mining activities shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with this chapter (relating to Coal Mining Regulations) and according to the permit approved by the Commission. (b) All surface equ…

(a) Each person who conducts underground mining activities shall effectively support and maintain all surface-access openings to underground operations, and secure surface facilities in areas in which there are no current operations but operations are to be resumed under an appro…

(a) Cover. (1) A person who conducts underground mining activities shall cover, with a minimum of 4 feet of the best available non-toxic and non-combustible material, all exposed coal seams remaining after mining and all acid-forming materials, toxic-forming materials, combustibl…

(a) The final graded slopes shall not exceed in grade either the approximate premining slopes, or any lesser slopes approved by the Commission based on consideration of soil, climate, or other characteristics of the surrounding area. Postmining final graded slopes need not be uni…

(a) Timing. Surface areas disturbed incident to underground mining activities shall be backfilled and graded in accordance with the time schedule approved by the Commission as a condition of the permit. (b) Backfilling and grading. (1) All areas affected by surface operations sha…

Reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement and revegetation, of all areas affected by surface operations shall occur as contemporaneously as practicable with mining operations. Notes 16 Tex. Admin. Code § 12.550 The provisions of…

With respect to pipelines transmitting crude oil, liquid petroleum, natural gas, toxic or flammable substances: (1) identify and describe pipelines located in the permit area, and within 100 feet thereof, in the application for a surface mining permit; (2) visibly mark the locati…

At any time a slide occurs which may have a potential adverse effect on public property, health, safety, or the environment, the person who conducts the underground mining activities shall notify the Commission by the fastest available means and comply with any remedial measures …

(a) This section and §§ 12.527 - 12.530 of this title (relating to Use of Explosives) apply only to surface blasting activities incident to underground mining, including, but not limited to, initial rounds of slopes and shafts. (b) Each operator shall comply with all applicable s…

Underground mining activities shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best technology currently available to maintain environmental integrity, so that reaffecting the land in the future through surface coal mining ope…

(a) No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by underground mining activities, unless the Commission specifically authorizes underground mining activities closer to, or through, such a stream. The Commission may authorize such act…

Before abandoning the permit area, the person who conducts the underground mining activities shall renovate all permanent sedimentation ponds, diversions, impoundments and treatment facilities to meet criteria specified in the detailed design plan for the permanent structures and…

Water from the surface or from an underground mine shall not be diverted or discharged into other underground mine workings, unless the person who conducts the underground mining activities demonstrates to the Commission that the discharge will: (1) abate water pollution or other…

Discharge from sedimentation ponds, permanent and temporary impoundments, coal processing waste dams and embankments and diversions shall be controlled by energy dissipators, riprap channels, and other devices, where necessary, to reduce erosion to prevent deepening or enlargemen…

(a) Scope. For the purposes of this section only, disturbed areas shall not include those areas: (1) in which the only underground mining activities include diversion ditches, siltation structures, or roads that are designed, constructed and maintained in accordance with §§12.500…

(a) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to: (1) prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area; (2) meet the mo…

(a) General Requirements. (1) With the approval of the Commission, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of § 12.514 of this title (relating to Hydrologic Balance: Siltation Struc…

Discharge of water from areas disturbed by underground mining activities shall be made in compliance with all applicable state and federal water-quality laws and regulations and with the effluent limitations for coal mining promulgated by the U.S. Environmental Protection Agency …

(a) Underground mining activities shall be planned and conducted to minimize disturbance of the hydrologic balance within the permit and adjacent areas, to prevent material damages to the hydrologic balance outside the permit area, to assure the protection or replacement of water…