Texas Administrative Code

Coal mine waste may be returned to underground mine workings only in accordance with the waste disposal program approved by the Commission and MSHA under § 12.193 of this title (relating to Underground Development Waste/Return of Coal Processing Waste to Abandoned Underground Wor…

(a) Noncoal wastes including, but not limited to, grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, timber and other combustibles generated during underground mining activities, shall be placed and stored in a controlled manner in a designated po…

(a) This section, and § 12.544 and § 12.545 of this title (relating to Coal Mine Waste: Dams and Embankments: Site Preparation, and to Coal Mine Waste: Dams and Embankments: Design and Construction) apply to dams and embankments constructed of coal mine waste or intended to impou…

Before coal mine waste is placed at a dam or embankment site: (1) all trees, shrubs, grasses, and other organic material shall be cleared and grubbed from the site, and all combustibles shall be removed and stockpiled in accordance with the requirements of §§12.500-12.543, this s…

(a) The design of each dam and embankment constructed of coal mine waste or intended to impound such waste shall comply with the requirements of § 12.517 (a) and (c) of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments), modified as follows: (1) the…

(a) Any person conducting underground mining activities shall, to the extent possible using the best technology currently available, minimize the disturbances and adverse impacts of the activities on fish, wildlife, and related environmental values, and achieve enhancement of suc…

(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) 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) 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) 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…

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…

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…

(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…

(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) 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) 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) 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 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) 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 make available to the Director and the Regional Director, upon request, copies of all documents relating to applications for and approvals of existing, new, or revised coal exploration approvals or surface coal mining and reclamation operations permits an…

(a) A citizen may request an inspection under § 12.670 (e) of this title (relating to Inspections by the Commission), by furnishing to an authorized representative of the Commission a signed, written statement (or an oral report followed by a signed, written statement) giving the…

Any person who is or may be adversely affected by a surface coal mining and reclamation operation or a coal exploration operation may notify the Commission in writing of any alleged failure on the part of the Commission to make adequate and complete or periodic inspections as pro…

(a) Any person who is or may be adversely affected by a coal exploration or surface coal mining and reclamation operation may ask the Commission to review informally an authorized representative's decision not to inspect or take appropriate enforcement action with respect to any …

(a) General provisions. (1) Whenever a court of competent jurisdiction enters a judgment against or convicts a person under the provisions of this section, the Commission will update AVS to reflect the judgment or conviction. (2) The existence of a performance bond or bond forfei…

(a) Conditions, practices, or violations warranting a cessation order. (1) An authorized representative of the Commission shall immediately order a cessation of surface coal mining and reclamation operations or of the relevant portion thereof, if he or she finds, on the basis of …

(a) An authorized representative of the Commission shall issue a notice of violation if, on the basis of an inspection he finds a violation of the Act, this chapter (relating to Coal Mining Regulations), or any condition of a permit or an exploration approval imposed under such p…

(a) Pattern of violations. (1) Except as provided in subsection (b) of this section, the Director of the Surface Mining and Reclamation Division shall issue an order to a permittee requiring the permittee to show cause why the permit and right to mine under the Act should not be …

(a) A notice of violation or cessation order shall be served on the person to whom it is directed or his designated agent promptly after issuance, as follows: (1) by tendering a copy at the coal exploration or surface coal mining and reclamation operation to the designated agent …

The person charged with the violation may contest the proposed penalty or the fact of the violation by submitting a petition and an amount equal to the proposed penalty or, if an assessment conference has been held, the reassessed or affirmed penalty to the Commission, to be held…

(a) If the person to whom a notice of violation or cessation order is issued fails to request a hearing as provided in § 12.693 of this title (relating to Request for Hearing), the proposed assessment shall become a final order of the Commission and the penalty assessed shall bec…

(a) Except as provided in subsection (b) of this section, the Commission may assess an individual civil penalty against any corporate director, officer, or agent of a corporate permittee who knowingly and willfully authorized, ordered, or carried out a violation, failure, or refu…

(a) In determining the amount of an individual civil penalty assessed under § 12.696 of this title (relating to When an Individual Civil Penalty May Be Assessed), the Commission shall consider the criteria specified in §§134.174-134.181 of the Act, including: (1) the individual's…

(a) Notice. The Commission shall serve on each individual to be assessed an individual civil penalty a notice of proposed individual civil penalty assessment, including a narrative explanation of the reasons for the penalty, the amount to be assessed, and a copy of any underlying…

(a) The Commission may require the reexamination, training or other demonstration of competency under §12.700, §§12.702-12.707, this section, and §§ 12.709 and 12.710 of this title (relating to Training, Examination, and Certification of Blasters) upon a determination pursuant to…

(a) The Commission may grant a Commission Blaster Certificate to any qualified applicant who demonstrates valid current blaster certification from another qualified jurisdiction. (b) Any person who holds a valid Commission Blaster Certificate issued under reciprocity may qualify …

(a) Surface coal mining operations may not be conducted on the following lands unless those lands either qualify for the exception for existing operations under subsection (b) of this section or are subject to valid existing rights, as determined under § 12.72 (c) of this title (…

(a) Not later than 180 days after the effective date of this section, §12.700, and §§ 12.702 - 12.709 of this title (relating to Training, Examination, and Certification of Blasters), each person who is directly responsible for the use of explosives in mining operations regulated…

(a) Procedures for relocating or closing a public road or waiving the prohibition on surface coal mining operations within the buffer zone of a public road. (1) This section does not apply to: (A) lands for which a person has valid existing rights, as determined under subsection …

(a) Obligation. Upon receipt of an administratively complete application for a permit for a surface coal mining operation, or an administratively complete application for revision of the boundaries of a surface coal mining operation permit, the Commission must review the applicat…

The Commission must use the criteria in this Subchapter (relating to Lands Unsuitable for Mining) for the evaluation of each petition for the designation of areas as unsuitable for surface coal mining operations. Notes 16 Tex. Admin. Code § 12.74 The provisions of this §12.74 ado…

(a) Upon petition, an area shall be designated as unsuitable for all or certain types of surface coal mining operations, if the Commission determines that reclamation is not technologically and economically feasible under the Act, this chapter (relating to Coal Mining Regulations…

(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…

(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) 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…

Money from the Fund shall not be used for the reclamation of sites and areas designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 , et seq.) or that have been listed for remedial action pursuant to the Comprehensive En…

The requirements specified in §§12.813, 12.814, and 12.818 - 12.823 of this title (relating to Written Consent for Entry; Entry and Consent to Reclaim; Entry for Emergency Reclamation; Land Eligible for Acquisition; Procedures for Acquisition; Acceptance of Gifts of Land; Managem…

The lien requirements in §§ 12.815 - 12.817 of this title (relating to Appraisals; Liens; and Satisfaction of Liens, respectively), shall apply to the Commission's noncoal reclamation program under § 12.808 of this title (relating to Eligible Noncoal Lands and Water), except that…