Sec. 31.012. ISSUANCE OF PERMIT. (a) The commission may grant an application in whole or part and may issue the permit if it finds that:
(1) the construction or use of the subsurface excavation is in the public interest and that after consideration of all alternative sites there is a public need for construction of the subsurface excavation at the location for which the application is made;
(2) existing rights, including mineral rights, water rights, and adjacent surface rights, are not impaired;
(3) any surface storage of spoils or industrial waste will not harm adjacent surface property used for agricultural purposes;
(4) with proper safeguards, both groundwater and surface water can be adequately protected from pollution; and
(5) the applicant has made a satisfactory showing of financial responsibility if required by Section 31.018(b) of this code.
(b) In the permit the commission shall impose terms and conditions reasonably necessary to protect all water from pollution.
(c) In the permit the commission shall impose terms and conditions for final closure of surface facilities, plugging and sealing of the subsurface excavations, management of spoils and industrial waste, and ground movement control measures reasonably necessary to protect all water penetrated from pollution.
(d) The use of a subsurface excavation for a purpose other than one stated in the permit is prohibited.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 15.02(a), eff. Aug. 28, 1989.
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