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Texas Natural Resources Code - Chapter 134 Texas Surface Coal Mining And Reclamation ActLegal Research Home > Texas Lawyer > Natural Resources Code > Texas Natural Resources Code - Chapter 134 Texas Surface Coal Mining And Reclamation Act This chapter may be cited as the Texas Surface Coal Mining and Reclamation Act. Added by Acts 1995, 74th Leg., ch. 76, § 12.02(a), eff. ... The legislature finds and declares that: (1) the Congress of the United States has enacted the federal Act, which provides for the establishment of a ... It is the purpose of this chapter: (1) to prevent adverse effects to society and the environment from unregulated surface coal mining operations as defined ... In this chapter: (1) "Affected person" means a person having an interest that is or may be affected. (2) "Alluvial valley floors" means the unconsolidated ... (a) This chapter does not apply to the extraction of coal: (1) by a landowner for the landowner's own noncommercial use from land owned or ... This chapter does not affect the right of a person under other law to enforce or protect the person's interest in water resources affected by ... (a) An employee of the commission commits an offense if the employee knowingly: (1) performs a function or duty under this chapter; and (2) has ... An agency, unit, or instrumentality of federal, state, or local government, including a publicly owned utility or publicly owned corporation of federal, state, or local ... To accomplish the purposes of this chapter, the commission may: (1) adopt, amend, and enforce rules pertaining to surface coal mining and reclamation operations consistent ... (a) The commission has exclusive jurisdiction over: (1) surface coal mining and reclamation operations in this state; and (2) iron ore and iron ore gravel ... (a) The commission shall adopt rules pertaining to surface coal mining and reclamation operations required by this chapter. (b) The process of making and amending ... (a) A person who conducts coal exploration operations that substantially disturb the natural land surface shall comply with commission rules adopted to govern those operations. ... (a) The commission shall adopt rules applicable to the surface effects of underground mining that are consistent with the federal Act and regulations adopted under ... The commission shall develop a process for designating areas unsuitable for surface coal mining. The process shall include: (1) reviewing surface coal mining land; (2) ... (a) An affected person is entitled: (1) before an application is filed under Section 134.052, to petition the commission to designate an area unsuitable for ... (a) Not later than 10 months after the date the commission receives the petition, the commission shall hold a public hearing under Chapter 2001, Government ... Before designating a land area unsuitable for surface coal mining operations, the commission shall prepare a detailed statement on: (1) the potential coal resources of ... (a) On petition under Section 134.017, the commission shall designate an area unsuitable for all or certain types of surface coal mining operations if the ... Determinations of the unsuitability of land for surface coal mining under Sections 134.016 through 134.020 shall be integrated as closely as possible with present and ... (a) Surface coal mining operations may not be permitted: (1) that will adversely affect a publicly owned park or place included in the National Register ... The commission may enter into cooperative agreements with the federal government under the federal Act. Added by Acts 1995, 74th Leg., ch. 76, § 12.02(a), ... (a) The commission, with approval by the secretary of agriculture, may authorize experimental departures, in individual cases, from the environmental protection performance standards of this ... The commission shall adopt rules requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or the use of explosives ... (a) The commission shall: (1) require monitoring and reporting; (2) inspect surface coal mining and reclamation operations; (3) require the maintenance of signs and markers; ... For surface coal mining and reclamation operations that remove or disturb strata that serve as aquifers that significantly ensure the hydrologic balance of water use ... Inspections by the commission shall: (1) occur irregularly, averaging not fewer than one partial inspection each month and one complete inspection each calendar quarter for ... On detection of a violation of this chapter, an inspector, in writing, shall: (1) promptly inform the operator; and (2) report the violation to the ... The commission shall adopt rules for: (1) informing an operator of a violation detected by an inspector; and (2) making public all inspection and monitoring ... (a) Information pertaining to coal seams, test borings, core samplings, or soil samples required by Section 134.052 shall be made available to an affected person. ... The commission may determine that land is not prime farmland because of its soil type or slope. Added by Acts 1995, 74th Leg., ch. 76, ... A reclamation plan submitted as part of a permit application shall include, in sufficient detail to demonstrate that reclamation required by this chapter can be ... An applicant for a surface coal mining and reclamation permit shall submit to the commission as part of its application a blasting plan that outlines ... A person may not conduct a surface coal mining operation in this state without first obtaining a permit for that operation from the commission under ... (a) A permit application must be submitted in a manner satisfactory to the commission and must contain: (1) the name and address of: (A) the ... (a) The public liability insurance policy required by Section 134.052(a)(19) shall provide for personal injury and property damage protection in an amount adequate to compensate ... (a) An application for a surface mining permit or for renewal or revision of a surface mining permit must be accompanied by an application fee ... (a) In addition to the application fees required by Section 134.054, each permit holder shall pay to the commission the following annual fees: (1) a ... The commission shall designate a qualified public or private laboratory to prepare the determination of probable hydrologic consequences and statement of the results of test ... (a) An applicant for a surface coal mining and reclamation permit shall file a copy of the application for public inspection with the county clerk ... At the time the applicant submits an application for a surface coal mining and reclamation permit or renewal of an existing permit, the applicant shall ... (a) The commission shall notify local governmental bodies, planning agencies, and sewage and water treatment authorities in the locality of a proposed surface coal mining ... (a) During a period established by the commission, a local body, agency, authority, or company described by Section 134.059 may submit written comments on the ... (a) Not later than the 30th day after the date of the last publication of notice under Section 134.058, an affected person or a federal, ... (a) Not later than the 45th day after the date of the last publication of notice under Section 134.058, the applicant or an affected person ... The commission shall notify the applicant and any objector that the permit application has been approved or denied: (1) within the time provided by Chapter ... Chapter 2001, Government Code, applies to a permit application under this chapter. Notice of hearing and appeal is governed by that chapter, except as provided ... (a) On the basis of a complete application for a surface coal mining and reclamation permit or a revision or renewal of a permit, as ... (a) The commission may not approve an application for a permit or a permit revision unless it finds, in writing, using the information in the ... If the ownership of the coal has been severed from the private surface estate by a conveyance that does not expressly grant the right to ... (a) The applicant shall file with the application a schedule listing any notices of violations of this chapter, the federal Act, a federal regulation or ... (a) If the schedule under Section 134.068 or other information available to the commission indicates that a surface coal mining operation owned or controlled by ... (a) After consulting with the secretary of agriculture and under regulations issued under the federal Act by the secretary of the interior with the concurrence ... (a) A permit is issued for a term not to exceed five years. (b) The commission may grant a permit for a specified longer term ... (a) A permit terminates if the permit holder has not begun the surface coal mining operation covered by the permit on or before the third ... A successor in interest to a permit holder may continue the surface coal mining and reclamation plan of the original permit holder until the successor's ... A permit issued under this chapter carries with it the right of successive renewal on expiration for areas within the boundaries of the existing permit. ... (a) A permit holder may apply for renewal. (b) After the public notice requirements of Sections 134.058 through 134.062 have been met, the commission shall ... (a) Except for incidental boundary revisions, an extension of the permit area must be made by application for another permit. (b) If an application for ... A permit renewal is for a term not to exceed the term of the original permit established by this chapter. Added by Acts 1995, 74th ... Application for permit renewal must be made not later than the 120th day before the date the existing permit expires. Added by Acts 1995, 74th ... During the term of a permit, the permit holder may submit to the commission an application for a permit revision, together with a revised reclamation ... (a) The commission may not approve an application for a permit revision unless the commission finds that reclamation as required by this chapter can be ... (a) The commission shall establish guidelines for determining the scale or extent of a revision request for which all permit application information requirements and procedures, ... (a) The commission, within a time prescribed by rule, shall review outstanding permits and may require reasonable revision or modification of a permit during the ... A person may not transfer, assign, or sell the rights granted under a permit issued under this chapter without the written approval of the commission. ... (a) The commission may suspend or rescind an improvidently issued permit under rules adopted by the commission. (b) A rule adopted by the commission under ... A permit issued under this chapter to conduct surface coal mining operations shall require that the operations meet the applicable performance standards of this chapter. ... (a) Performance standards for surface coal mining and reclamation operations shall require an operator: (1) to conduct surface coal mining operations to maximize the use ... (a) This section applies to a surface coal mining operation: (1) that is carried out at the same location over a substantial period; (2) that ... (a) This section applies to a surface coal mining operation: (1) in which the volume of overburden is large relative to the thickness of the ... (a) The performance standards shall require that, if the topsoil is not replaced on a backfill area within a time short enough to avoid deterioration ... For prime farmland to be mined and reclaimed, the applicable specifications for soil removal, storage, replacement, and reconstruction are those established by the secretary of ... (a) This section applies only to prime farmland to be mined and reclaimed. (b) On proper documentation supporting the use of the mining technique to ... The commission may prohibit augering if necessary to: (1) maximize the use, recoverability, or conservation of the solid fuel resources; or (2) protect against adverse ... The performance standards shall require that a siltation structure constructed under Section 134.092(a)(10)(B) be certified by a qualified registered engineer to be constructed as designed ... Notwithstanding Section 134.092(a)(12), the commission shall permit an operator to mine near or through an abandoned underground mine or closer to an active underground mine ... The commission rules described by Section 134.092(a)(15) shall require that: (1) adequate advance written notice be given to local governments and residents who might be ... (a) The commission may grant a variance from the contemporaneous reclamation requirement of Section 134.092(a)(16) for specific areas within the reclamation plan to permit underground ... Notwithstanding Section 134.092(a)(19), introduced species may be used in the revegetation process where necessary to achieve the approved postmining land use plan. Added by Acts ... Notwithstanding Section 134.092(a)(20), in areas or regions of the state where the annual average precipitation is 26 inches or less, an operator's assumption of responsibility ... (a) The applicable five-year or 10-year period of responsibility for revegetation begins on the date of initial planting for long-term intensive agricultural postmining land use ... (a) The performance standards shall require an operator: (1) to transport the excess spoil material resulting from surface coal mining and reclamation activities and place ... (a) The commission may grant a permit, without regard to the requirement to restore to approximate original contour set forth in Section 134.092(a)(3) or 134.108(a)(2), ... (a) An operator of a steep slope surface coal mining operation, in addition to meeting the general performance standards of this subchapter: (1) shall ensure ... (a) The commission may grant a variance from the requirement in Section 134.108(a)(2) to restore to approximate original contour after steep slope surface coal mining ... The operator of a surface coal mining operation shall replace the water supply of an owner of an interest in real property who obtains all ... (a) After a surface coal mining and reclamation permit application has been approved but before the permit is issued, the applicant shall file with the ... (a) The commission shall determine the amount of the bond required for each bonded area. (b) The amount of the bond shall: (1) reflect the ... The commission may accept the bond of an applicant without separate surety if the applicant demonstrates to the satisfaction of the commission the existence of ... Instead of establishing a bonding program under this subchapter, the commission may approve an alternative system that will achieve the purposes of the bonding program ... Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and of the applicant's responsibility for revegetation. Added ... (a) The applicant and a corporate surety licensed to do business in this state shall execute the bond unless the applicant elects to deposit security ... The commission periodically shall adjust the amount of the bond or deposit required and the terms of each acceptance of the applicant's bond to reflect ... The permit holder may file a request with the commission for the release of all or part of a performance bond or deposit. Added by ... (a) Not later than the 30th day after the date the permit holder files with the commission an application for release of a bond or ... (a) Not later than the 30th day after the date the commission receives a request under Section 134.128 and a copy of an advertisement or ... (a) The commission may release part or all of the bond or deposit if the commission is satisfied that the reclamation covered by the bond ... (a) The commission shall notify the permit holder in writing of its decision to release or not to release all or part of the bond ... Not later than the 31st day before the date of release of all or part of a bond, the commission, by certified mail, shall notify ... (a) A person is entitled to file a written objection to a proposed release of a bond if the person: (1) has a legal interest ... (a) The commission may take any action necessary to: (1) ensure this state's participation to the fullest extent practicable in the abandoned mine reclamation fund ... Land and water are eligible for reclamation or abatement expenditures under this subchapter if the land and water are eligible for reclamation or abatement expenditures ... The commission is entitled to enter any property to conduct studies or exploratory work to determine: (1) the existence of adverse effects of past coal ... (a) The commission is entitled to enter property adversely affected by past coal mining practices or other property necessary to have access to that property ... This state may acquire by purchase, donation, or condemnation land that is adversely affected by past coal mining practices if: (1) it is in the ... Title to land acquired under Section 134.145 shall be in the name of this state. Added by Acts 1995, 74th Leg., ch. 76, § 12.02(a), ... The price paid for land acquired under Section 134.145 shall reflect the market value of the land as adversely affected by past coal mining practices. ... (a) If land acquired under Section 134.145 is considered suitable for industrial, commercial, residential, or recreational development, this state may sell the land by public ... (a) The commission, after appropriate public notice and on request, shall hold a public hearing in the county or counties in which land acquired under ... (a) Not later than six months after the date projects to reclaim privately owned land are completed, the commission: (1) shall itemize the money spent; ... Not later than the 60th day after the date the lien is filed, an affected landowner may petition the commission for a hearing on the ... (a) The commission may spend money available for abandoned mine reclamation for the emergency restoration, reclamation, abatement, control, or prevention of the adverse effects of ... (a) The commission or its authorized representative shall immediately order the cessation of surface coal mining operations or the relevant part of those operations if, ... (a) The commission or its authorized representative shall issue a notice to a permit holder who is violating this chapter or a permit condition required ... Except as provided by Section 134.167, a cessation order under Section 134.161 or 134.162 remains in effect until the commission: (1) determines the condition, practice, ... (a) The commission shall issue an order to a permit holder promptly to show cause why a permit should not be suspended or revoked if, ... (a) A notice or order issued under Section 134.161, 134.162, or 134.164 shall: (1) state with reasonable specificity the nature of the violation and the ... The commission or its authorized representative may modify, vacate, or terminate a notice or order issued under Section 134.161, 134.162, or 134.164. Added by Acts ... If a notice or order issued under Section 134.161, 134.162, or 134.164 requires the operator to stop mining, the notice or order expires not later ... (a) A permit holder to whom the commission issues a notice or order under Section 134.161 or 134.162 or an affected person may apply to ... (a) On receipt of an application filed under Section 134.168, the commission shall investigate as it considers appropriate. (b) The investigation shall provide an opportunity ... (a) On receiving the investigation report, the commission shall: (1) make findings of fact; and (2) issue a written decision incorporating: (A) its findings; and ... (a) Before the investigation and hearing required by Section 134.169 are completed, the applicant may file with the commission a written request that the commission ... (a) If the commission issues an order under Sections 134.161 through 134.171 or in an administrative proceeding under this chapter, the commission may, on request ... (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 assess an administrative penalty against a person who violates a permit condition or this chapter. The commission shall assess an administrative ... (a) The commission may assess an administrative penalty under Section 134.174 only after giving the person charged with a violation an opportunity for a public ... (a) Not later than the 30th day after the date the commission issues a notice or order charging that a violation of this chapter has ... (a) The commission shall assess a person who does not correct a violation for which a citation has been issued under Section 134.161 within the ... The attorney general at the request of the commission may bring a civil action to recover an administrative penalty owed under this chapter. Added by ... (a) A person commits an offense if the person wilfully and knowingly violates a condition of a permit issued under this chapter or does not ... (a) A person commits an offense if the person knowingly makes a false statement, representation, or certification, or knowingly fails to make a statement, representation, ... (a) If a corporation violates a condition of a permit issued under this chapter or does not comply with an order issued under Section 134.161, ... (a) Except as provided by Subsection (d), an affected person may bring a civil action to compel compliance with this chapter against: (1) the commission ... (a) A person must give written notice to the commission of an action under Section 134.182(a)(1) not later than the 61st day before the date ... A person may bring an action under Section 134.182 only in the judicial district in which the surface coal mining operation complained of is located. ... The commission may intervene as a matter of right in an action brought under Section 134.182. Added by Acts 1995, 74th Leg., ch. 76, § ... (a) In issuing a final order in an action brought under Section 134.182(a), a court may award a party litigation costs, including attorney's and expert ... Sections 134.182 through 134.186 do not restrict any right a person or class of persons may have under a statute or common law to seek ... It is a defense to a civil or criminal penalty under this chapter that a person allegedly conducting an iron ore or iron ore gravel ... Texas Lawyers
Last modified: August 10, 2007 |