reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.357 - Use of Explosives: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Each operator shall comply with all
					 applicable state and federal laws and regulations in the use of
					 explosives.
(b) Blasts that use
					 more than 5 pounds of explosive or blasting agent shall be conducted according
					 to the schedule required by §
											RSA
					 12.359 of this title (relating to Use of
					 Explosives: Blasting Schedule).
(c)
					 All blasting operations shall be conducted by experienced, trained, and
					 competent persons who understand the hazards involved. A blaster and at least
					 one other person shall be present at the firing of a blast. Each person
					 responsible for blasting operations shall possess a valid certification as
					 required by §§
											RSA
					 12.700-RSA 12.710 of this
					 title (relating to Training, Examination, and Certification of Blasters) and:
(1) be familiar with the blasting plan and
					 site-specific performance standards; and
(2) give direction and on-the-job training to
					 persons who are not certified and who are assigned to the blasting crew to
					 assist in the use of explosives.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.358 - Use of Explosives: Pre-Blasting Survey

Current through Reg. 49, No. 28; July 12, 2024
(a) At least 30 days before initiation of a
					 blasting program, the operator shall notify, in writing, all residents or
					 owners of dwellings or other structures located within 1/2 mile of any part of
					 the permit area regarding how to request a preblasting survey. The request
					 shall be made, in writing, directly to the operator or to the Commission who
					 shall promptly notify the operator. The operator shall promptly conduct a
					 pre-blasting survey of the dwelling or structure and promptly submit a report
					 of the survey to the Commission and to the person requesting the survey. If a
					 structure is renovated or modified subsequent to a pre-blast survey, then upon
					 request a survey of such additions and renovations shall be performed by the
					 operator in accordance with this section.
(b) The operator shall determine the
					 condition of the dwelling or structure and shall document any pre-blasting
					 damage and other physical factors that could reasonably be affected by the
					 blasting. Assessments of structures such as pipelines, pipes, cables,
					 transmission lines, cisterns, wells, and other water systems warrant special
					 attention; however, assessment of these structures may be limited to surface
					 conditions and other readily available data. Special attention shall be given
					 to the pre-blasting condition of wells and other water systems used for human,
					 animal, or agricultural purposes and to the quantity and quality of the
					 water.
(c) A written report of the
					 survey shall be prepared and signed by the person who conducted the survey. The
					 report may include recommendations of any special conditions or proposed
					 adjustments to the blasting procedure which should be incorporated into the
					 blasting plan to prevent damage. Copies of the report shall be promptly
					 provided to the person requesting the survey and to the Commission. If the
					 person requesting the survey disagrees with the results of the survey, he or
					 she may notify, in writing, both the operator and the Commission of the
					 specific areas of disagreement.
(d)
					 Any pre-blasting surveys requested before the 10th day before the planned
					 initiation of blasting shall be completed by the operator before the initiation
					 of blasting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.359 - Use of Explosives: Blasting Schedule

Current through Reg. 49, No. 28; July 12, 2024
(a) Blasting schedule publication.
(1) Each operator shall publish a blasting
					 schedule at least 10 days, but not more than 20 days, before beginning a
					 blasting program in which blasts that use more than 5 pounds of explosive or
					 blasting agent are detonated. The blasting schedule shall be published in a
					 newspaper of general circulation in the locality of the blasting
					 site.
(2) Copies of the schedule
					 shall be distributed by mail to local governments and public utilities and by
					 mail or delivered to each residence within 1/2 mile of the proposed blasting
					 site described in the schedule.
(3)
					 The operator shall republish and redistribute the schedule at least every 12
					 months.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.360 - Use of Explosives: Control of Adverse Effects

Current through Reg. 49, No. 28; July 12, 2024
(a) General requirements.
(1) Blasting shall be conducted in a manner
					 that will prevent injury to persons, damage to public or private property
					 outside the permit area, adverse impacts on any underground mine, and change in
					 the course, channel, or availability of ground or surface waters outside the
					 permit area.
(2) Except where
					 lesser distances are approved by the Commission, based upon a pre-blasting
					 survey, seismic investigation, and an approved blast design submitted in
					 accordance with the requirements of §
												RSA
					 12.357<subdiv>(d)</subdiv> of
					 this title (relating to Use of Explosives: General Requirements), blasting
					 shall not be conducted within:
(A) 1,000 feet
					 of any building used as a dwelling, public building, school, church, hospital,
					 nursing facility, or community or institutional building outside the permit
					 area; and
(B) 500 feet of
					 facilities including, but not limited to, disposal wells, petroleum or gas
					 storage facilities, active and abandoned underground mines, fluid-transmission
					 pipelines, gas or oil-collection lines, or water and sewage lines.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.362 - Use of Explosives: Records of Blasting Operations

Current through Reg. 49, No. 28; July 12, 2024
The operator shall retain a record of each blast,
						including seismograph reports, which shall be retained for at least three years
						and which shall be available for inspection by the Commission and the public on
						request. The record shall contain the following data:
(1) name of the operator conducting the
					 blast;
(2) location, date, and time
					 of blast;
(3) name, signature, and
					 certification number of blaster conducting the blast;
(4) identification, direction, and distance,
					 in feet, from to the nearest blast hole to the nearest dwelling, public
					 building, school, church, community or institutional building located outside
					 the permit area, except those described in §
											RSA
					 12.360<subdiv>(i)</subdiv> of
					 this title (relating to Use of Explosives: Control of Adverse
					 Effects);
(5) weather conditions,
					 including those which may cause possible adverse blasting effects such as
					 temperature, and wind direction and approximate velocity;
(6) type of material blasted;
(7) sketches of the blast pattern, including
					 number of holes, burden, spacing, decks, and delay pattern;
(8) diameter and depth of holes;
(9) types of explosives used;
(10) total weight of explosives used per
					 hole;
(11) maximum weight of
					 explosives detonated within any 8-millisecond period;
(12) maximum number of holes detonated within
					 any 8-millisecond period;
(13)
					 initiation system;
(14) type and
					 length of stemming;
(15) mats or
					 other protections used;
(16) type
					 of delay detonator and delay periods used;
(17) sketch of the delay pattern;
(18) number of persons in the blasting
					 crew;
(19) seismographic and
					 airblast records, where required, which shall include:
(A) type of instrument, sensitivity,
					 seismographic reading, and calibration signal or certification of annual
					 calibration;
(B) exact location of
					 the instrument and the date, time, and distance from the blast;
(C) name of the person and firm taking the
					 seismograph reading;
(D) name of
					 the person and firm analyzing the seismographic record; and
(E) the vibration and airblast level
					 recorded; and
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.363 - Disposal of Excess Spoil: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Spoil not required to achieve the
					 approximate original contour within the area where overburden has been removed
					 shall be hauled or conveyed to and placed in designated disposal areas within a
					 permit area, if the disposal areas are authorized for such purposes in the
					 approved permit application in accordance with this section and §§
											RSA
					 12.364-RSA
					 12.366 of this title (relating to Disposal of
					 Excess Spoil: Valley Fills, Disposal of Excess Spoil: Head-of-Hollow Fills, and
					 to Disposal of Excess Spoil: Durable Rock Fills). The spoil shall be placed in
					 a controlled manner to ensure:
(1) that
					 leachate and surface runoff from the fill will not degrade surface or ground
					 waters or exceed the effluent limitations referenced in §
												RSA
					 12.340 of this title (relating to Hydrologic
					 Balance: Water-Quality Standards and Effluent Limitations);
(2) stability of the fill; and
(3) that the land mass designated as the
					 disposal area is suitable for reclamation and revegetation compatible with the
					 natural surroundings.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.364 - Disposal of Excess Spoil: Valley Fills

Current through Reg. 49, No. 28; July 12, 2024
(a) Valley fills shall meet all of the
					 requirements of §
											RSA
					 12.363 of this title (relating to Disposal of
					 Excess Spoil: General Requirements) and the additional requirements of this
					 section.
(b) The fill shall be
					 designed to attain a long-term static safety factor of 1.5 based upon data
					 obtained from subsurface exploration, geotechnical testing, foundation design,
					 and accepted engineering analyses.
(c) A subdrainage system for the fill shall
					 be constructed in accordance with the following:
(1) a system of underdrains constructed of
					 durable rock shall meet the requirements of paragraph (4) of this subsection
					 and:
(A) be installed along the natural
					 drainage system;
(B) extend from
					 the toe to the head of the fill; and
(C) contain lateral drains to each area of
					 potential drainage or seepage;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.366 - Disposal of Excess Spoil: Durable Rock Fills

Current through Reg. 49, No. 28; July 12, 2024
(a) In lieu of the requirements of
					 §§12.364 and 12.365 of this title (relating to Disposal of Excess
					 Spoil: Valley Fills, and to Disposal of Excess Spoil: Head-of-Hollow Fills),
					 the Commission may approve alternate methods for disposal of hard rock spoil,
					 including fill placement of dumping in a single lift, on a site specific basis,
					 provided the services of a qualified professional engineer experienced in the
					 design and construction of earth and rockfill embankments are utilized and
					 provided the requirements of this section and §12.363 of this title
					 (relating to Disposal of Excess Spoil: General Requirements) are met. For this
					 section, "hard rock spoil" shall be defined as rockfill consisting of at least
					 80% by volume of sandstone, limestone, or other rocks that do not slake in
					 water. Resistance of the hard rock spoil to slaking shall be determined by
					 using the slake index and slake durability tests in accordance with guidelines
					 and criteria established by the Commission.
(b) Spoil is to be transported and placed in
					 a specified and controlled manner which will ensure stability of the fill.
(1) The method of spoil placement shall be
					 designed to ensure mass stability and prevent mass movement in accordance with
					 the additional requirements of this section.
(2) Loads of noncemented clay shale and/or
					 clay spoil in the fill shall be mixed with hard rock spoil in a controlled
					 manner to limit on a unit basis concentrations of noncemented clay shale and
					 clay in the fill. Such materials shall comprise no more than 20% of the fill
					 volume as determined by tests performed by a qualified professional engineer
					 and approved by the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.367 - Protection of Underground Mining

Current through Reg. 49, No. 28; July 12, 2024
(a) No
					 surface coal mining activities shall be conducted closer than 500 feet to any
					 point of either an active or abandoned underground mine, except to the extent
					 that:
(1) the nature, timing, and sequence of
					 the operations are jointly approved by the Commission, the Mine Safety and
					 Health Administration, and the state agency, if any, responsible for the safety
					 of mine workers; and
(2) the
					 activities result in improved resource recovery, abatement of water pollution,
					 or elimination of hazards to the health and safety of the public.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.368 - Coal Processing Waste Banks: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) All coal processing waste shall be hauled
					 or conveyed and placed in new and existing disposal areas approved by the
					 Commission for this purpose. These areas shall be within a permit area. The
					 disposal area shall be designed, constructed, and maintained:
(1) in accordance with §§
												RSA
					 12.363 and
					 RSA
					 12.364 of this title (relating to Disposal of
					 Excess Spoil: General Requirements, and Disposal of Excess Spoil: Valley
					 Fills), this section, and §§12.369 of-12.374 of this title (relating
					 to Coal Processing Waste Banks: Site Inspection, to Coal Processing Waste
					 Banks: Water Control Measures, to Coal Processing Waste Banks: Construction
					 Requirements, to Coal Processing Waste: Burning, to Coal Processing Waste:
					 Burned Waste Utilization, and to Coal Processing Waste: Return to Underground
					 Workings); and
(2) to prevent
					 combustion.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.369 - Coal Processing Waste Banks: Site Inspection

Current through Reg. 49, No. 28; July 12, 2024
(a) All coal processing waste banks shall be
					 inspected by a qualified professional engineer, or other qualified professional
					 specialist under the direction of the professional engineer. The professional
					 engineer or specialist shall be experienced in the construction of similar
					 earth and waste structures.
(1) Such
					 inspections shall be made at least quarterly throughout construction and during
					 critical construction periods, beginning within 7 days after preparation of the
					 disposal area begins. The Commission may require more frequent inspection based
					 upon an evaluation of the potential danger to the health or safety of the
					 public and the potential harm to land, air and water resources. Inspections may
					 terminate when the coal processing waste bank has been graded, covered in
					 accordance with §
												RSA
					 12.371 of this title (relating to Coal
					 Processing Waste Banks: Construction Requirements), topsoil has been
					 distributed on the bank in accordance with §
												RSA
					 12.337 of this title (relating to Topsoil:
					 Redistribution), or at such a later time as the Commission may require.
					 Critical construction periods shall include at a minimum:
(A) foundation preparation including the
					 removal of all organic material and topsoil;
(B) placement of underdrains and protective
					 filter systems;
(C) installation of
					 final surface drainage systems; and
(D) the final graded and revegetated
					 facility.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.370 - Coal Processing Waste Banks: Water Control Measures

Current through Reg. 49, No. 28; July 12, 2024
(a) A properly designed subdrainage system
					 shall be provided, which shall:
(1) intercept
					 all ground-water sources;
(2) be
					 protected by an adequate filter; and
(3) be covered so as to protect against the
					 entrance of surface water or leachate from the coal processing waste.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.371 - Coal Processing Waste Banks: Construction Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Coal processing waste banks shall be
					 constructed in compliance with §§
											RSA
					 12.363 and
					 RSA
					 12.364 of this title (relating to Disposal of
					 Excess Spoil: General Requirements, and to Disposal of Excess Spoil: Valley
					 Fills), except to the extent that the requirements of those sections are varied
					 in this section.
(b) Coal
					 processing waste banks shall have a minimum static safety factor of
					 1.5.
(c) Compaction requirements
					 during construction or modification of all coal processing waste banks shall
					 meet the requirements of this subsection, instead of those specified in
					 §12.364(d) of of this title (relating to Disposal of Excess Spoil: Valley
					 Fills). The coal processing waste shall be:
(1) spread in layers no more than 24 inches
					 in thickness; and
(2) compacted to
					 attain 90% of the maximum dry density to prevent spontaneous combustion and to
					 provide the strength required for stability of the coal processing waste bank.
					 Dry densities shall be determined in accordance with the American Association
					 of State Highway and Transportation Officials (AASHTO) Specification T99-74
					 (Twelfth Edition) (July 1978) or an equivalent method. AASHTO T99-74 is on file
					 and available for inspection at the office of the Commission, 1701 North
					 Congress Avenue, Austin, Texas.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.372 - Coal Processing Waste: Burning

Current through Reg. 49, No. 28; July 12, 2024
Coal processing waste fires shall be extinguished by the
						person who conducts the surface mining activities in accordance with a plan
						approved by the Commission and the Mine Safety and Health Administration. The
						plan shall contain, at a minimum, provisions to ensure that only those persons
						authorized by the operator, and who have an understanding of the procedures to
						be used, shall be involved in the extinguishing operations.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.373 - Coal Processing Waste: Burned Waste Utilization

Current through Reg. 49, No. 28; July 12, 2024
Before any burned coal processing waste, other materials,
						or refuse is removed from a disposal area, approval shall be obtained from the
						Commission. A plan for the method of removal, with maps and appropriate
						drawings to illustrate the proposed sequence of the operation and method of
						compliance with §§12.330 - 12.372, this section, and
						§§12.374 - 12.403 of this title (relating to Permanent Program
						Performance Standards--Surface Mining Activities), shall be submitted to the
						Commission. Consideration shall be given in the plan to potential hazards,
						which may be created by removal, to persons working or living in the vicinity
						of the structure. The plan shall be certified by a qualified professional
						engineer.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.374 - Coal Processing Waste: Return to Underground Workings

Current through Reg. 49, No. 28; July 12, 2024
Coal processing waste may be returned to underground mine
						workings only in accordance with the waste disposal program approved by the
						Commission and MSHA under §
											RSA
						12.193 of this title (relating to Underground
						Development Waste/Return of Coal Processing Waste to Abandoned Underground
						Workings).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.375 - Disposal of Noncoal Wastes

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Noncoal wastes including, but not limited to, grease, lubricants, paints,
					 flammable liquids, garbage, abandoned mining machinery, lumber, and other
					 combustibles generated during surface mining activities shall be placed and
					 stored in a controlled manner in a designated portion of the permit area.
					 Placement and storage shall ensure that leachate and surface runoff do not
					 degrade surface or ground water, fires are prevented, and that the area remains
					 stable and suitable for reclamation and revegetation compatible with the
					 natural surroundings.
(b) Final
					 disposal of noncoal wastes shall be in a designated disposal site in the permit
					 area. Disposal sites shall be designed and constructed with appropriate water
					 barriers on the bottom and sides of the designated site. Wastes shall be
					 routinely compacted and covered to prevent combustion and wind-born waste. When
					 the disposal is completed a minimum of 2 feet of soil cover shall be placed
					 over the site, slopes stabilized, and revegetation accomplished in accordance
					 with §§
											RSA
					 12.390-RSA
					 12.393 and
					 RSA
					 12.395 of this title (relating to
					 Revegetation: General Requirements, to Revegetation: Use of Introduced Species,
					 to Revegetation: Timing, to Revegetation: Mulching and Other Stabilizing
					 Practices, and to Revegetation: Standards for Success). Operation of the
					 disposal site shall be conducted in accordance with all local, State, and
					 Federal requirements.
(c) At no
					 time shall any solid waste material be deposited at refuse embankments or
					 impoundment sites, nor shall any excavation for solid waste disposal be located
					 within 8 feet of any coal outcrop or coal storage area.
(d) Notwithstanding any other provision in
					 this chapter (relating to Coal Mining Regulations), any noncoal mine waste
					 defined as "hazardous" under Section 3001 of the Resource Conservation and
					 Recovery Act (RCRA) (Pub. L. 94-580, as amended) and 40 CFR Part 261 shall be
					 handled in accordance with the requirements of Subtitle C of RCRA and any
					 implementing regulations.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.376 - Coal Mine Waste: Dams and Embankments: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
					 and §
											RSA
					 12.377 and §
											RSA
					 12.378 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 impound coal mine waste, whether
					 they were completed before adoption of the regulatory program or are intended
					 to be completed thereafter.
(b)
					 Coal mine waste shall not be used in the construction of dams and embankments
					 unless it has been demonstrated to the Commission that the stability of such a
					 structure conforms with the requirements of this section. It shall also be
					 demonstrated that the use of coal mine waste shall not have a detrimental
					 effect on downstream water quality or the environment due to acid seepage
					 through the dam or embankment. The stability of the structure and the potential
					 impact of acid mine seepage through the impounding structure shall be discussed
					 in detail in the design plan submitted to the Commission in accordance with
					 this chapter (relating to Coal Mining Regulations). All demonstrations shall be
					 submitted to and approved by the Commission.
(c) Each impounding structure constructed of
					 coal mine waste or intended to impound coal mine waste shall be designed,
					 constructed and maintained in accordance with this chapter (relating to Coal
					 Mining Regulations). Such structures may not be retained permanently as part of
					 the approved postmining land use.
(d) If an impounding structure constructed of
					 coal mine waste or intended to impound coal mine waste meets the criteria of
					 the Mine Safety and Health Administration, 30 CFR 77.216(a), the combination of
					 principal and auxiliary spillways shall be able to safely pass the probable
					 maximum precipitation of a 6-hour precipitation event, or greater event as
					 specified by the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.377 - Coal Mine Waste: Dams and Embankments: Site Preparation

Current through Reg. 49, No. 28; July 12, 2024
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 §§
											RSA
					 12.330-2.403 of this title (relating to
					 Permanent Program Performance Standards--Surface Mining Activities);
					 and
(2) surface drainage that may
					 cause instability or erosion to the embankment area or the embankment features,
					 whether during construction or after completion, shall be diverted away from
					 the embankment by diversion ditches that comply with the requirements of
					 §12.341 of of this title (relating to Hydrologic Balance: Diversions).
					 Adequate outlets for discharge from these diversions shall be in accordance
					 with §
											RSA
					 12.345 of this title (relating to Hydrologic
					 Balance: Discharge Structures). Diversions that are designed to divert drainage
					 from the upstream area or drainage from the surface of the facility away from
					 the impoundment area shall be designed to carry the peak runoff from a
					 100-year, 6-hour precipitation event. The diversion shall be maintained to
					 prevent blockage, and the discharge shall be in accordance with §
											RSA
					 12.345 of this title (relating to Hydrologic
					 Balance: Discharge Structures). Sediment control measures shall be provided at
					 the discharge of each diversion ditch before entry into natural watercourses in
					 accordance with §§12.339-12.341, 12.343, and 12.344 of this title
					 (relating to Hydrologic Balance: General Requirements, to Hydrologic Balance:
					 Water-Quality Standards and Effluent Limitations, to Hydrologic Balance:
					 Diversions, to Hydrologic Balance: Sediment Control Measures, and to Hydrologic
					 Balance: Siltation Structures).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.378 - Coal Mine Waste: Dams and Embankments: Design and Construction

Current through Reg. 49, No. 28; July 12, 2024
(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 §
											RSA
					 12.347<subdiv>(a) and
					 (c)</subdiv> of this title (relating to
					 Hydrologic Balance: Permanent and Temporary Impoundments), modified as follows:
(1) the design freeboard between the lowest
					 point on the embankment crest and the maximum water elevation shall be at least
					 3 feet. The maximum water elevation shall be that determined by the freeboard
					 hydrograph criteria contained in the U.S. Natural Resources Conservation
					 Service criteria referenced in §
												RSA
					 12.347 of this title (relating to Hydrologic
					 Balance: Permanent and Temporary Impoundments).
(2) the dam and embankment shall have a
					 minimum safety factor of 1.5 for the partial pool with steady seepage
					 saturation conditions, and the seismic safety factor shall be at least 1.2;
					 and
(3) the dam or embankment
					 foundation and abutments shall be designed to be stable under all conditions of
					 construction and operation of the impoundment. Sufficient foundation
					 investigations and laboratory testing shall be performed to determine the
					 safety factors of the dam or embankment for all loading conditions appearing in
					 subsection (a)(2) of this section or the publications referred to in §
												RSA
					 12.347 of this title (relating to Hydrologic
					 Balance: Permanent and Temporary Impoundments) and for all increments of
					 construction.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.381 - Slides and Other Damage

Current through Reg. 49, No. 28; July 12, 2024
(a) An
					 undisturbed natural barrier shall be provided beginning at the elevation of the
					 lowest coal seam to be mined and extending from the outslope for such distance
					 as may be determined by the Commission as is needed to assure stability. The
					 barrier shall be retained in place to prevent slides and erosion.
(b) At any time a slide occurs which may have
					 a potential adverse affect on public property, health, safety, or the
					 environment, the person who conducts the surface mining activities shall notify
					 the Commission by the fastest available means and comply with any remedial
					 measures required by the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.382 - Pipelines

Current through Reg. 49, No. 28; July 12, 2024
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
					 location of pipelines at 200-foot intervals throughout the permit
					 area;
(3) ensure a minimum of six
					 feet of compacted material between the pipeline and any haul road or access
					 road within the permit area which crosses over it;
(4) not create a cut within one hundred feet
					 or one times the depth of the cut (whichever is greater) of any
					 pipeline;
(5) conduct blasting
					 operations in accordance with state and federal laws; but, in no case shall
					 blasting be conducted within 500 feet of a pipeline;
(6) comply with Railroad Commission of Texas
					 Pipeline Safety Rules (16 Texas Administrative Code, Chapter 8) and 49 CFR 191,
					 192, and 199; and
(7) at the
					 discretion of the Commission, variances to paragraphs (2)-(5) of this section
					 may be granted by the Commission. Variances to paragraphs (3)-(5) of this
					 section will be granted if, in the opinion of the Commission, the structural
					 integrity of the pipeline will be maintained and if agreed to by the owner of
					 the pipeline.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.383 - Contemporaneous Reclamation

Current through Reg. 49, No. 28; July 12, 2024
Reclamation efforts, including, but not limited to,
						backfilling, grading, topsoil replacement and revegetation, of all land that is
						disturbed by surface mining activities shall occur as contemporaneously as
						practicable with mining operations.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.384 - Backfilling and Grading: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Timing of backfilling and grading.
(1) Contour mining. Rough backfilling and
					 grading shall follow coal removal by not more than 60 days or 1,500 linear
					 feet. The Commission may grant additional time for rough backfilling and
					 grading if the permittee can demonstrate, through a detailed written analysis
					 under §
												RSA
					 12.145<subdiv>(b)(3)</subdiv> of
					 this title (relating to Reclamation Plan: General Requirements), that
					 additional time is necessary.
(2)
					 Open pit mining with thin overburden. Rough backfilling and grading shall occur
					 in accordance with the time schedule approved by the Commission, on the basis
					 of the materials submitted under §
												RSA
					 12.145<subdiv>(b)(3)</subdiv> of
					 this title (relating to Reclamation Plan: General Requirements), which shall
					 specifically establish in stated increments the period between removal of coal
					 and completion of backfilling and grading.
(3) Area strip mining (cyclic excavation).
					 Rough backfilling and grading shall be completed within 180 days following coal
					 removal and shall not be more than four spoil ridges behind the pit being
					 worked, the spoil from the active pit being considered the first ridge. The
					 Commission may grant additional time and/or distance for rough backfilling and
					 grading if the permittee can demonstrate, through a detailed written analysis
					 under §
												RSA
					 12.145<subdiv>(b)(3)</subdiv> of
					 this title (relating to Reclamation Plan: General Requirements), that
					 additional time and/or distance is necessary.
(4) Area strip mining (continuous
					 excavation). Rough backfilling and grading shall occur in accordance with the
					 time schedule approved by the Commission, on the basis of a detailed written
					 analysis by the permittee under §
												RSA
					 12.145<subdiv>(b)(3)</subdiv> of
					 this title (relating to Reclamation Plan: General Requirements) and any
					 additional information which the Commission may require.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.385 - Backfilling and Grading: General Grading Requirements

Current through Reg. 49, No. 28; July 12, 2024
(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 uniform but shall approximate the general nature of the premining
					 topography. The person who conduct surface mining activities shall, at a
					 minimum:
(1) retain all overburden and spoil
					 on the solid portion of existing or new benches; and
(2) backfill and grade to the most moderate
					 slope possible to eliminate the highwall which does not exceed either the angle
					 of repose or such lesser slope as is necessary to achieve a minimum static
					 safety factor of 1.3. In all cases the highwall shall be eliminated.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.386 - Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials

Current through Reg. 49, No. 28; July 12, 2024
(a) Cover.
(1) A person who conducts surface mining
					 activities shall cover, with a minimum of 4 feet of the best available nontoxic
					 and noncombustible material, all exposed coal seams remaining after mining, and
					 all acid-forming materials, toxic-forming materials, combustible materials, or
					 any other materials identified by the Commission, as exposed, used, or produced
					 during mining.
(2) If necessary,
					 these materials shall be treated to neutralize toxicity, in order to prevent
					 water pollution and sustained combustion and minimize adverse effects on plant
					 growth and land uses.
(3) Where
					 necessary to protect against upward migration of salts, exposure by erosion,
					 formation of acid or toxic seeps, to provide an adequate depth for plant
					 growth, or otherwise to meet local conditions, the Commission shall specify
					 thicker amounts of cover using nontoxic material, or special compaction and
					 isolation from ground-water contact.
(4) Acid-forming or toxic-forming material
					 shall not be buried or stored in proximity to a drainage course so as to cause
					 or pose a threat of water pollution.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.387 - Backfilling and Grading: Thin Overburden

Current through Reg. 49, No. 28; July 12, 2024
Where thin overburden occurs within the permit area, the
						permittee, at a minimum, shall:
(1)
					 use all spoil and other waste materials available from the entire permit area
					 to attain the lowest practicable grade, but not more than the angle of repose;
					 and
(2) meet the requirements of
					 §
											RSA
					 12.385 and §
											RSA
					 12.386 of this title (relating to Backfilling
					 and Grading: General Grading Requirements, and to Backfilling and Grading:
					 Covering Coal and Acid- and Toxic-Forming Materials).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.388 - Backfilling and Grading: Thick Overburden

Current through Reg. 49, No. 28; July 12, 2024
Where thick overburden occurs within the permit area, the
						permittee at a minimum shall:
(1)
					 restore the approximate original contour and then use the remaining spoil and
					 other waste materials to attain the lowest practicable grade, but not more than
					 the angle of repose;
(2) meet the
					 requirements of §
											RSA
					 12.385 and §
											RSA
					 12.386 of this title (relating to Backfilling
					 and Grading: General Requirements, and to Backfilling and Grading: Covering
					 Coal and Acid- and Toxic-Forming Materials); and
(3) dispose of any excess spoil in accordance
					 with §§
											RSA
					 12.363-RSA
					 12.366 of this title (relating to Disposal of
					 Excess Spoil: General Grading Requirements, to Disposal of Excess Spoil: Valley
					 Fills, to Disposal of Excess Spoil: Head-of-Hollow Fills, and to Disposal of
					 Excess Spoil: Durable Rock Fills).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.389 - Stabilization of Surface Areas for Surface Mining

Current through Reg. 49, No. 28; July 12, 2024
(a) All exposed surface areas shall be
					 protected and stabilized to effectively control erosion and air pollution
					 attendant to erosion.
(b) Rills and
					 gullies which form in areas that have been regraded and topsoiled and which
					 either disrupt the approved postmining land use or the reestablishment of the
					 vegetative cover or cause or contribute to a violation of water-quality
					 standards for receiving streams shall be filled, regraded, or otherwise
					 stabilized. Topsoil shall be replaced and the areas shall be reseeded or
					 replanted.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.390 - Revegetation: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The permittee shall establish on regraded areas and on all other disturbed
					 areas except water areas and surface areas of roads that are approved as part
					 of the postmining land use, a vegetative cover that is in accordance with the
					 approved permit and reclamation plan and that is:
(1) diverse, effective, and
					 permanent;
(2) comprised of species
					 native to the area, or of introduced species where desirable and necessary to
					 achieve the approved postmining land use and approved by the
					 Commission;
(3) at least equal in
					 extent of cover to the natural vegetation of the area; and
(4) capable of stabilizing the soil surface
					 from erosion.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.391 - Revegetation: Use of Introduced Species

Current through Reg. 49, No. 28; July 12, 2024
Introduced species may be substituted for native species
						only if approved by the Commission under the following conditions:
(1) after appropriate field trials have
					 demonstrated that the introduced species are desirable and necessary to achieve
					 the approved postmining land use;
(2) the species are necessary to achieve a
					 quick, temporary, and stabilizing cover that aids in controlling erosion; and
					 measures to establish permanent vegetation are included in the approved plan
					 submitted under §§
											RSA
					 12.145<subdiv>(b)(5)</subdiv> and
					 RSA
					 12.147 of this title (relating to Reclamation
					 Plan: General Requirements, and to Reclamation Plan: Postmining Land
					 Uses);
(3) the species are
					 compatible with the plant and animal species of the region; and
(4) the species meet the requirements of
					 applicable state and federal seed or introduced species statutes, and are not
					 poisonous or noxious.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.392 - Revegetation: Timing

Current through Reg. 49, No. 28; July 12, 2024
Seeding and planting of disturbed areas shall be
						conducted during the first normal period for favorable planting conditions
						after final preparation. The normal period for favorable planting shall be that
						planting time generally accepted locally for the type of plant materials
						selected. When necessary to effectively control erosion, any disturbed area
						shall be seeded and planted, as contemporaneously as practicable with the
						completion of backfilling and grading, with a temporary cover of small grains,
						grasses, or legumes until a permanent cover is established.