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Texas Natural Resources Code - Chapter 131 Uranium Surface Mining And Reclamation ActLegal Research Home > Texas Lawyer > Natural Resources Code > Texas Natural Resources Code - Chapter 131 Uranium Surface Mining And Reclamation Act This chapter may be cited as the Texas Uranium Surface Mining and Reclamation Act. Acts 1977, 65th Leg., p. 2607, ch. 871, art. I, § ... The legislature finds and declares that: (1) the extraction of minerals by surface mining operations is a basic and essential activity making an important contribution ... It is declared to be the purpose of this chapter: (1) to prevent the adverse effects to society and the environment resulting from unregulated surface ... In this chapter: (1) "Minerals" means uranium and uranium ore. (2) "Surface mining" means the mining of minerals by removing the overburden lying above the ... (a) The basic objective of reclamation is to reestablish on a continuing basis, where required, vegetation and other natural conditions consistent with the anticipated subsequent ... The provisions of this chapter do not apply to the following: (1) surface mining operations conducted on public land regulated by the General Land Office ... In seeking to accomplish the purposes of this chapter, the commission shall have the authority: (1) to adopt and amend rules pertaining to surface mining ... The commission is the mining and reclamation authority for the State of Texas and has exclusive jurisdiction for establishing reclamation requirements for mining operations in ... The commission shall seek the accomplishment of the purposes of this chapter by all practicable methods. Acts 1977, 65th Leg., p. 2611, ch. 871, art. ... (a) On passage of federal surface mining legislation, the commission shall take actions necessary to establish the exclusive jurisdiction of this state over the regulation ... At a hearing under this chapter, the commission may: (1) administer oaths or affirmations; (2) subpoena witnesses and compel their attendance; (3) take evidence; and ... A rule or an amendment of a rule adopted by the commission may differ in its terms and provisions between particular conditions, particular mining techniques, ... The commission shall promulgate rules in the manner provided in Sections 131.026 through 131.031 of this code for the conduct of exploration activities. Acts 1977, ... (a) The commission shall develop rules that adopt appropriate procedures for identifying and designating land in this state as unsuitable for all or certain types ... (a) When application is made to conduct surface mining operations and before a permit is issued, the commission shall immediately have the areas to be ... Before designating a land area as unsuitable for surface mining operations, the commission shall prepare a detailed statement on the potential mineral and other resources ... After the survey is made, an area may be designated unsuitable for all or certain types of surface mining if: (1) the commission determines that ... (a) Any person is entitled to petition the commission to have an area designated as unsuitable for surface mining operations or to have the designation ... The commission may modify, amend, or terminate a designation pursuant to the requirements of Sections 131.035 through 131.039 of this code. Acts 1977, 65th Leg., ... The provisions of Sections 131.035 through 131.040 of this code do not apply to land on which surface mining operations were being conducted on June ... The commission shall require each permittee to: (1) establish and maintain appropriate records; (2) make reports as frequently as the commission may prescribe; (3) install, ... Without advance notice and on presentation of appropriate credentials to the operation supervisor, if present, the authorized representatives of the commission are entitled to enter ... (a) The inspections by the commission shall occur on an irregular basis at a frequency necessary to insure compliance with the intent and purposes of ... Each permittee shall maintain at the entrances to the surface mining and reclamation operations a clearly visible sign that sets forth the name, business address, ... On detection of each violation of a requirement of this chapter, each inspector shall inform the operator of the violation orally at the time of ... (a) Any party to the administrative proceedings whose interest is or may be adversely affected by a ruling, order, decision, or other act of the ... Information submitted to the commission concerning mineral deposits, test borings, core samplings, or trade secrets or privileged commercial or financial information relating to the competitive ... (a) The commission may issue temporary orders relating to a surface mining operation without notice and hearing, or with the notice and hearing as the ... (a) A reclamation plan shall be developed in a manner consistent with local, physical, environmental, and climatological conditions and current mining and reclamation technologies. (b) ... (a) A permit issued under this chapter to conduct surface mining operations shall require that the surface mining operations meet all applicable reclamation standards of ... (a) No person shall conduct a surface mining operation unless he first obtains a surface mining permit issued by the commission under this subchapter; provided, ... On application to the commission for a surface mining permit, an operator shall submit three copies of a permit application on a form prescribed by ... The permit application shall include information concerning: (1) the name, address, ownership, and management officers of the permit applicant and affiliated persons engaged in surface ... An applicant shall include with his permit application a copy of a reclamation plan prepared as provided in Section 131.101 of this code and a ... (a) Each application for a surface mining permit shall be accompanied by an initial application fee as determined by the commission in accordance with a ... A permit application may be amended to exclude the part of an operation that lies within an area designated as unsuitable for surface mining under ... (a) The commission shall adopt rules permitting an operator of more than one noncontiguous surface mining operation to submit a single application for a combined ... After deleting confidential information as provided in Section 131.048 of this code, the commission shall file for public inspection with the county clerk at the ... (a) The commission immediately shall submit copies of the permit application to the Parks and Wildlife Department, Texas Natural Resource Conservation Commission, General Land Office, ... (a) The commission shall grant a surface mining permit if it is established that the permit application complies with the requirements of this chapter and ... The commission shall deny a permit if: (1) it finds that the reclamation as required by this chapter cannot be accomplished by means of the ... (a) A surface mining permit issued under this chapter for uranium and uranium ore shall be issued for a term of not more than 10 ... (a) After a permit application is approved but before the permit is issued, the applicant shall file a certificate of insurance certifying that the applicant ... The commission shall promulgate rules for renewal, revision, and transfer of surface mining permits. Acts 1977, 65th Leg., p. 2623, ch. 871, art. I, § ... A valid surface mining permit issued under this chapter carries with it the right of successive renewal on expiration with respect to area within the ... The holder of a permit may apply for renewal and the renewal shall be issued on the basis of the following requirements and written findings ... (a) Each application for renewal of a surface mining permit shall be accompanied by a renewal application fee as determined by the commission in accordance ... If an application for renewal of a valid permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit, ... A surface mining permit renewal shall be for a term not to exceed the period of the original permit established under this chapter. Acts 1977, ... Application for permit renewal shall be made at least 90 days before the expiration of the valid permit. Acts 1977, 65th Leg., p. 2623, ch. ... During the term of a surface mining permit, the permittee may submit an application, together with a revised reclamation plan, to the commission for a ... No application for a revision of a permit may be approved unless the commission finds that reclamation as required under this chapter can be accomplished ... (a) The commission shall establish by rule guidelines for a determination of the scale or extent of a revision request to which all permit application ... Except for incidental boundary revisions, an extension to the area covered by a permit must be made by application for another permit or for revision ... (a) No transfer, assignment, or sale of the rights granted under a permit issued under this chapter shall be made without the written approval of ... As part of the information for transfer, the commission shall require: (1) the information required by Subdivisions (1) and (4) of Section 131.133 of this ... After notice and an opportunity for a public hearing, if required under Sections 131.159 and 131.163 of this code, and on a written finding by ... An application for transfer shall be denied if the applicant has had a permit issued under this chapter revoked or a bond posted to comply ... (a) At the time an application for a surface mining permit or an application for revision, renewal, or transfer of an existing surface mining permit ... The commission shall contact various local governmental bodies, planning agencies, sewage, and water treatment authorities or water companies that have jurisdiction over or in the ... (a) Within 30 days after the last publication as provided in Section 131.159 of this code, each local body, agency, authority, or company may submit ... (a) Within 30 days after the last publication of notice under Section 131.159 of this code, a person affected or a federal, state, or local ... (a) If the commission determines that the application for a surface mining permit is of a significance sufficient to warrant a public hearing, the commission ... The commission shall comply with the Administrative Procedure and Texas Register Act in all proceedings under this chapter except where inconsistent with this chapter. Acts ... (a) After a surface mining permit application has been approved but before the permit is issued, the applicant shall file with the commission, on a ... (a) The amount of the bond required for each bonded area depends on the reclamation requirements of the approved permit and shall be determined by ... The commission may accept the bond of the operator itself, without separate surety, if the operator demonstrates to the satisfaction of the commission the existence ... Liability under the bond shall be for the duration of surface mining and reclamation operations and for a period coincident with the operator's responsibility pursuant ... (a) The bond shall be executed by the operator and a corporate surety licensed to do business in this state, or the operator may elect ... (a) The amount of the bond or deposit required and the terms of acceptance of the applicant's bond or substitute collateral may be increased or ... On issuance of a final order revoking an operator's permit for failure to comply with an order of the commission to take action as required ... (a) At any time, an operator may file an application with the commission for the release of all or part of the performance bond or ... (a) The operator shall submit a copy of a notice that has been published once a week for four consecutive weeks in the newspaper of ... (a) On receipt of the notice and request, the commission shall conduct an inspection and evaluation of the reclamation work involved, the inspection and evaluation ... The commission may release in whole or part the bond or deposit if it is satisfied that reclamation covered by the bond or deposit or ... If the commission disapproves the application for release of the bond or deposit or a portion of the bond or deposit, it shall notify the ... Within 30 days after an application for total or partial bond or deposit release is filed with the commission, the commission shall notify the local ... (a) Any person or the officer or head of a federal, state, or local governmental agency is entitled to file written objections to the proposed ... (a) Money received through the payment of fees, loans, grants, gifts, penalties, bond forfeitures, and other money received by the commission shall be deposited in ... Money for the operation of the commission under this chapter shall be appropriated by the legislature. Acts 1977, 65th Leg., p. 2630, ch. 871, art. ... Proceeds from the forfeiture of bonds and penalties recovered shall be spent to reclaim land as provided in this chapter with respect to which the ... (a) In the reclamation of land affected by surface mining for which funds are available, the commission may use services of other state agencies or ... (a) On the basis of any inspection, if the commission or its authorized representative or agent determines that a condition or practice exists or that ... (a) On the basis of an inspection, if the commission or its authorized representative or agent determines that a permittee is in violation of a ... (a) On the basis of an inspection, if the commission has reason to believe that a pattern of violations of any requirements of this chapter ... (a) Notices and orders issued under Sections 131.261 through 131.263 of this code shall set forth with reasonable specificity: (1) the nature of the violation ... (a) The commission may request the attorney general to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or other ... (a) The commission may have a civil suit instituted for injunctive relief to restrain a permittee from continuing a violation or threatening a violation or ... (a) If a person violates a permit of this chapter and the violation results in pollution of the air or water of this state or ... (a) A civil penalty may be assessed only after the person charged with a violation described under Section 131.2661 of this code has been given ... (a) On the issuance of notice or an order finding that a violation has occurred, the commission shall inform the person charged within 30 days ... Civil penalties owed under Sections 131.2661-131.2663 of this code may be recovered in a civil action brought by the attorney general at the request of ... A person who wilfully and knowingly violates a condition of a permit issued under this chapter or fails or refuses to comply with an order ... If a corporate permittee violates a condition of a permit issued under this chapter or fails or refuses to comply with an order issued under ... A person who knowingly makes a false statement, representation, or certification or who knowingly fails to make a statement, representation, or certification in an application, ... (a) The commission may request the attorney general to institute a suit to recover civil or criminal penalties or to obtain injunctive relief or for ... To prevent the pollution of surface and subsurface water in the state, the commission shall adopt rules and may issue orders and permits relating to ... Members and employees of the commission, on proper identification, may enter public or private property to inspect and investigate conditions associated with any uranium exploration ... If a person violates or threatens to violate a rule, order, or permit issued by the commission under this subchapter, the commission may request the ... A person who violates a rule, order, or permit issued by the commission under this subchapter may be assessed a civil penalty by the commission. ... A person who knowingly, willfully, or with criminal negligence violates a rule, order, or permit issued by the commission under this subchapter commits an offense ... Last modified: August 10, 2007 |