reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 12.219 - Permit Terms

Current through Reg. 49, No. 28; July 12, 2024
(a) Each permit
					 shall be issued for a fixed term not to exceed 5 years. A longer fixed permit
					 term may be granted, if:
(1) the application
					 is full and complete for the specified longer term; and
(2) the applicant shows that a specified
					 longer term is reasonably needed to allow the applicant to obtain necessary
					 financing of equipment and the opening of the operation, and this need is
					 confirmed, in writing, by the applicant's proposed source for the financing. An
					 applicant who obtains the necessary financing through internally generated
					 funds must confirm the showing with a written statement demonstrating the
					 internal funding.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 12.220 - Conditions of Permits: General and Right of Entry

Current through Reg. 49, No. 28; July 12, 2024
(a) Except to the extent that the Commission
					 otherwise directs in the permit that specific actions be taken, the permittee
					 shall conduct all surface coal mining and reclamation operations as described
					 in the complete application.
(b)
					 The permittee shall allow the authorized representatives of the Secretary,
					 including, but not limited to, inspectors and fee compliance officers, and the
					 representatives of the Commission, without advance notice or a search warrant,
					 upon presentation of appropriate credentials, and without delay, to:
(1) have the rights of entry provided for in
					 §
												RSA
					 12.671 of this title (relating to Right of
					 Entry); and
(2) be accompanied by
					 private persons for the purpose of conducting an inspection in accordance with
					 §§
												RSA
					 12.670-RSA
					 12.675 of this title (relating to Commission
					 Inspection and Enforcement), when the inspection is in response to an alleged
					 violation reported to the Commission by the private person.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 12.221 - Conditions of Permits: Environment, Public Health, and Safety

Current through Reg. 49, No. 28; July 12, 2024
(a) The permittee
					 shall take all possible steps to minimize any adverse impact to the environment
					 or public health and safety resulting from noncompliance with any term or
					 condition of the permit; including, but not limited to:
(1) any accelerated or additional monitoring
					 necessary to determine the nature and extent of noncompliance and the results
					 of the noncompliance;
(2) immediate
					 implementation of measures necessary to comply; and
(3) warning, as soon as possible after
					 learning of such noncompliance, any person whose health and safety is in
					 imminent danger due to the noncompliance.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 12 - ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISIONS BY THE COMMISSION ON PERMIT APPLICATIONS › Section 12.222 - Administrative Review

Current through Reg. 49, No. 28; July 12, 2024
Within 30 days after the applicant or permittee is
						notified of the final decision of the Commission concerning the application for
						a permit, revision or renewal thereof, permit, application for transfer, sale,
						or assignment of rights, or concerning an application for coal exploration
						under §
											RSA
						12.113 of this title (relating to
						Applications: Notice and Hearing for Exploration of More Than 250 Tons), the
						applicant, permittee, or any person with an interest which is or may be
						adversely affected may request a hearing on the reasons for the final decision
						in accordance with this section.
(1)
					 The Commission shall commence the hearing within 30 days of such request. This
					 hearing shall be of record, adjudicatory in nature, and the examiner from any
					 previous hearing on this matter shall not preside at the hearing, or
					 participate in the decision following the hearing, or in any administrative
					 appeal therefrom.
(2) The
					 Commission may, under such conditions as it may prescribe, grant such temporary
					 relief as it deems appropriate, pending final determination of the proceeding,
					 if:
(A) all parties to the proceeding have
					 been notified and given an opportunity to be heard on a request for temporary
					 relief;
(B) the person requesting
					 that relief shows that there is a substantial likelihood that he or she will
					 prevail on the merits of the final determination of the proceeding;
(C) the relief is not to affect adversely the
					 public health or safety, or cause significant, imminent environmental harm to
					 land, air, or water resources; and
(D) the relief sought is not the issuance of
					 a permit where a permit has been denied, in whole or in part, by the
					 Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 12 - ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISIONS BY THE COMMISSION ON PERMIT APPLICATIONS › Section 12.223 - Judicial Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Right to
					 appeal. Any applicant or any person with an interest which is or may be
					 adversely affected and who has participated in the administrative proceedings
					 as an objector shall have the right to appeal as provided in subsection (b) of
					 this section, if:
(1) the applicant or person
					 is aggrieved by the decision of the Commission in an administrative review
					 proceeding conducted pursuant to §
												RSA
					 12.222 of this title (relating to
					 Administrative Review); or
(2) the
					 Commission fails to act within time limits specified in the Act or this
					 subchapter (relating to Surface Coal Mining and Reclamation Operations Permits
					 and Coal Exploration Procedures Systems).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 13 - PERMIT REVIEWS, REVISIONS, AND RENEWALS, AND TRANSFERS, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 12.225 - Commission Review of Outstanding Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirement for and timing of review.
(1) The Commission shall review each permit
					 issued and outstanding under an approved regulatory program during the term of
					 the permit. This review shall occur not later than the middle of the permit
					 term and as required by §
												RSA
					 12.200 of this title (relating to
					 Experimental Practices Mining).
(2)
					 For permits of longer than five-year terms, a review of the permit shall be no
					 less frequent than the permit midterm or every five years, whichever is more
					 frequent.
(3) No less frequently
					 than every 2 1/2 years, the Commission shall conduct a review of any permit
					 which, in accordance with §
												RSA
					 12.100<subdiv>(a)</subdiv> of
					 this title (relating to Responsibilities), is not required to be renewed but
					 which nonetheless authorizes the permittee to perform reclamation activities
					 within the permit area.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 13 - PERMIT REVIEWS, REVISIONS, AND RENEWALS, AND TRANSFERS, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 12.226 - Permit Revisions

Current through Reg. 49, No. 28; July 12, 2024
(a) A revision
					 to a permit shall be obtained:
(1) for
					 changes in the surface coal mining or reclamation operations described in the
					 original application and approved under the original permit, when such changes
					 constitute a significant departure from the method of conduct of mining or
					 reclamation operations contemplated by the original permit. Significant
					 departures would include any change in permit area, mining method or
					 reclamation procedure, which would, in the opinion of the Commission,
					 significantly change the effect the mining operation would have on either those
					 persons impacted by the permitted operation or on the environment;
(2) when required by an order issued under
					 §
												RSA
					 12.225 of this title (relating to Commission
					 Review of Outstanding Permits);
(3)
					 in order to continue operation after the cancellation or material reduction of
					 the liability insurance policy, capability of self-insurance, performance bond,
					 or other equivalent guarantee upon which the original permit was issued;
					 or
(4) as otherwise required under
					 the regulatory program.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 13 - PERMIT REVIEWS, REVISIONS, AND RENEWALS, AND TRANSFERS, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 12.227 - Permit Renewals: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Any valid, existing permit issued
					 pursuant to a regulatory program shall carry with it the right of successive
					 renewal upon expiration of the term of the permit, in accordance with
					 §§
											RSA
					 12.228-RSA
					 12.230 of this title (relating to Permit
					 Renewals: Completed Applications, to Permit Renewals: Terms, and to Permit
					 Renewals: Approval or Denial). Successive renewal shall be available only for
					 those areas which were specifically approved by the Commission on the
					 application for the existing permit as within the boundaries of the
					 permit.
(b) Permit renewal shall
					 not be available for conducting surface coal mining and reclamation operations
					 on lands beyond the boundaries of the permit area approved under the existing
					 permit. Approval of permits to conduct operations on these lands, including,
					 but not limited to, any remainder of the general area described in the
					 application for the existing permit, shall be obtained in accordance with
					 §
											RSA
					 12.228<subdiv>(b)(2)</subdiv> of
					 this title (relating to Permit Renewals: Completed Applications).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 13 - PERMIT REVIEWS, REVISIONS, AND RENEWALS, AND TRANSFERS, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 12.228 - Permit Renewals: Completed Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Contents. Complete applications for
					 renewals of a permit shall be made within the time prescribed by §
											RSA
					 12.106<subdiv>(b)(2)</subdiv> of
					 this title (relating to Permit Application Filing Deadlines). Renewal
					 applications shall be in a form and with contents required by the Commission
					 under the regulatory program and in accordance with subsection (b)(2) of this
					 section, including, at a minimum, the following:
(1) a statement of the name and address of
					 the permittee, the term of the renewal requested, the permit number, and a
					 description of any changes to the matters set forth in the original application
					 for a permit or prior permit renewal;
(2) a copy of the newspaper notice and proof
					 of publication of same under §
												RSA
					 12.207<subdiv>(a)</subdiv> of
					 this title (relating to Public Notices of Filing of Permit Applications);
					 and
(3) Evidence that liability
					 insurance policy or adequate self-insurance under §
												RSA
					 12.311 of this title (relating to Terms and
					 Conditions for Liability Insurance) will be provided by the applicant for the
					 proposed period of renewal.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 13 - PERMIT REVIEWS, REVISIONS, AND RENEWALS, AND TRANSFERS, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 12.229 - Permit Renewals: Terms

Current through Reg. 49, No. 28; July 12, 2024
Any permit renewal shall be for a term not to exceed the
						period of the original permit established under §
											RSA
						12.219 of this title (relating to Permit
						Terms).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 13 - PERMIT REVIEWS, REVISIONS, AND RENEWALS, AND TRANSFERS, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 12.230 - Permit Renewals: Approval or Denial

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission shall, upon the basis of a
					 complete application for renewal and completion of all procedures required
					 under §§
											RSA
					 12.228 and
					 RSA
					 12.229 of this title (relating to Permit
					 Renewals: Completed Applications, and to Permit Renewals: Terms), issue a
					 renewal of a permit, unless it is established and written findings by the
					 Commission are made that:
(1) the terms and
					 conditions of the existing permit are not being satisfactorily met;
(2) the present surface coal mining and
					 reclamation operations are not in compliance with the environmental protection
					 standards under the Act and Subchapter K of this chapter (relating to Permanent
					 Program Performance Standards);
(3)
					 the requested renewal substantially jeopardizes the operator's continuing
					 responsibility to comply with the Act and this chapter (relating to Coal Mining
					 Regulations) on existing permit areas;
(4) the operator has not provided evidence
					 that any performance bond required to be in effect for the operations will
					 continue in full force and effect for the proposed period of renewal, as well
					 as any additional bond the Commission might require pursuant to Subchapter J of
					 this chapter (relating to Bond and Insurance Requirements for Surface Coal
					 Mining and Reclamation Operations);
(5) the operator has not provided evidence of
					 having liability insurance or self-insurance as required by §
												RSA
					 12.311 of this title (relating to Terms and
					 Conditions for Liability Insurance); and
(6) any additional revised or updated
					 information required by the Commission has not been provided by the
					 applicant.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 13 - PERMIT REVIEWS, REVISIONS, AND RENEWALS, AND TRANSFERS, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 12.231 - Transfer, Assignment, or Sale of Permit Rights: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
No transfer, assignment, or sale of the rights granted
						under any permit issued pursuant to the regulatory program shall be made
						without the prior written approval of the Commission in accordance with this
						section and §§
											RSA
						12.232 and
						RSA
						12.233 of this title (relating to Transfer,
						Assignment or Sale of Permit Rights: Obtaining Approval, and to Requirements
						for New Permits for Persons Succeeding to Rights Granted Under a
						Permit).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 13 - PERMIT REVIEWS, REVISIONS, AND RENEWALS, AND TRANSFERS, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 12.232 - Transfer, Assignment or Sale of Permit Rights: Obtaining Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person
					 seeking to succeed by transfer, assignment, or sale to the rights granted by a
					 permit issued under a regulatory program shall, prior to the date of such
					 transfer, assignment or sale:
(1) obtain the
					 performance bond coverage of the original permittee by:
(A) obtaining transfer of the original
					 bond;
(B) obtaining a written
					 agreement with the original permittee and all subsequent successors in interest
					 (if any) that the bond posted by the original permittee and all successors
					 shall continue in force on all areas affected by the original permittee and all
					 successors, and supplementing such previous bonding with such additional bond
					 as may be required by the Commission. If such an agreement is reached, the
					 Commission may authorize for each previous successor and the original permittee
					 the release of any remaining amount of bond in excess of that required by the
					 agreement;
(C) providing sufficient
					 bond to cover the original permit in its entirety from inception to completion
					 of reclamation operations; or
(D)
					 such other methods as would provide that reclamation of all areas affected by
					 the original permittee is assured under bonding coverage at least equal to that
					 of the original permittee;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 13 - PERMIT REVIEWS, REVISIONS, AND RENEWALS, AND TRANSFERS, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 12.233 - Requirements for New Permits for Persons Succeeding to Rights Granted under a Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) A successor in
					 interest to a permittee who is able to obtain the bond coverage of the original
					 permittee may continue surface coal mining and reclamation operations according
					 to the approved mining and reclamation plan and permit of the original
					 permittee.
(b) Pursuant to §
											RSA
					 12.232<subdiv>(c)(3)</subdiv> of
					 this title (relating to Transfer, Assignment, or Sale of Permit Rights:
					 Obtaining Approval), any successor in interest seeking to change the conditions
					 of mining or reclamation operations, or any of the terms or conditions of the
					 original permit shall:
(1) make application
					 for a new permit under §§
												RSA
					 12.103-
					 RSA 12.108
					 of this title (relating to General Requirements for Permits and Permit
					 Applications), §§
												RSA 12.109-
					 RSA
					 12.115 of this title (relating to General
					 Requirements for Coal Exploration), §§12.116 - 12.123, 12.124 -
					 12.138, and 12.139 - 12.154 of this title (relating to Surface Mining Permit
					 Applications--Minimum Requirements for Legal, Financial, Compliance, and
					 Related Information, to Surface Mining Permit Applications--Minimum
					 Requirements for Information on Environmental Resources, and to Surface Mining
					 Permit Applications--Minimum Requirements for Reclamation and Operation Plan),
					 §§12.156 - 12.163, 12.170 - 12.184, and 12.185 - 12.199 of this title
					 (relating to Underground Mining Permit Applications--Minimum Requirements for
					 Legal, Financial, Compliance, and Related Information, to Underground Mining
					 Permit Applications--Minimum Requirements for Information on Environmental
					 Resources, to and Underground Mining Permit Applications--Minimum Requirements
					 for Reclamation and Operation Plan), §§12.200 - 12.205 and 12.207 -
					 12.221 of this title (relating to Requirements for Permits for Special
					 Categories of Mining, and to Review, Public Participation, and Approval of
					 Permit Applications and Permit Terms and Conditions), and §
												RSA
					 12.222 and §
												RSA
					 12.223 of this title (relating to
					 Administrative and Judicial Review of Decisions by Commission on Permit
					 Applications), if the change involves conducting operations outside the
					 original permit area; or
(2) make
					 application for a revised permit under §
												RSA
					 12.226 of this title (relating to Permit
					 Revisions).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 14 - SMALL OPERATOR ASSISTANCE › Section 12.234 - Challenge of Ownership or Control, Information on Ownership and Control, and Violations, and Applicant/Violator System Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Challenges to ownership and control
					 information.
(1) Applicability. An applicant
					 or operator may challenge a listing or finding of ownership or control using
					 the provisions under paragraphs (2) and (3) of this subsection if the
					 challenger is:
(A) listed in a permit
					 application or AVS as an owner or controller of an entire surface coal mining
					 operation, or any portion or aspect thereof;
(B) found to be an owner or controller of an
					 entire surface coal mining operation, or any portion or aspect thereof, under
					 §
													RSA
					 12.225<subdiv>(e)</subdiv> of
					 this title (relating to Commission Review of Outstanding Permits) or subsection
					 (c)(7) of this section; or
(C) an
					 applicant or permittee affected by an ownership or control listing or
					 finding.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 14 - SMALL OPERATOR ASSISTANCE › Section 12.235 - Responsibilities: General

Current through Reg. 49, No. 28; July 12, 2024
The Commission shall:
(1) review requests for assistance and
					 determine qualified operators;
(2)
					 develop and maintain a list of qualified laboratories, and select and pay
					 laboratories for services rendered;
(3) conduct periodic on-site evaluations of
					 program activities with the small operator; and
(4) participate with the Office in data
					 coordination activities with the U.S. Geological Survey, U.S. Environmental
					 Protection Agency, and other appropriate agencies or institutions.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 14 - SMALL OPERATOR ASSISTANCE › Section 12.236 - Program Services

Current through Reg. 49, No. 28; July 12, 2024
To the extent possible with available funds, for
						qualified small operators who request assistance, the Commission shall:
(1) select and pay a qualified laboratory to:
(A) determine for the operator the probable
					 hydrologic consequences of the mining and reclamation operations both on and
					 off the proposed permit area in accordance with the data requirements of this
					 Program; and
(B) prepare a
					 statement of the results of test borings or core samplings in accordance with
					 the data requirements of this program; and
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 14 - SMALL OPERATOR ASSISTANCE › Section 12.237 - Eligibility for Assistance

Current through Reg. 49, No. 28; July 12, 2024
An applicant is eligible for assistance if he or
						she:
(1) intends to apply for a permit
					 pursuant to the Act; and
(2)
					 establishes that his or her probable total actual and attributed production
					 from all locations during any consecutive 12-month period either during the
					 term of his or her permit or during the first 5 years after issuance of his or
					 her permit, whichever period is shorter, will not exceed 300,000 tons.
					 Production from the following operations shall be attributed to the permittee:
(A) all coal produced by operations
					 beneficially owned entirely by the applicant or controlled, by reason of
					 ownership, direction of the management or in any other manner whatsoever, by
					 the applicant;
(B) the pro rata
					 share, based upon percentage of beneficial ownership, of coal produced by
					 operations in which the applicant owns more than a 10% interest;
(C) all coal produced by persons who own more
					 than 10% of the applicant or who directly or indirectly control the applicant
					 by reason of stock ownership, direction of the management or in any other
					 manner whatsoever;
(D) the pro rata
					 share of the coal produced by operations owned or controlled by the person who
					 owns or controls the applicant; and
(E) all coal produced by operations owned by
					 members of the applicant's family and the applicant's relatives, unless it is
					 established that there is no direct or indirect business relationship between
					 or among them;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 14 - SMALL OPERATOR ASSISTANCE › Section 12.238 - Filing for Assistance

Current through Reg. 49, No. 28; July 12, 2024
Each applicant shall submit to the Commission an
						application for small operator assistance program containing the following
						information in order to procure funds for program services:
(1) a statement of intent to file a permit
					 application;
(2) the names and
					 addresses of:
(A) the potential permit
					 applicant; and
(B) the potential
					 operator if different from the applicant;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 14 - SMALL OPERATOR ASSISTANCE › Section 12.239 - Application Approval and Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) If
					 the applicant is eligible and information is not readily available which would
					 preclude issuance of a permit to the applicant for mining in the area proposed,
					 the Commission shall:
(1) determine the
					 minimum data requirements necessary for the proposed site;
(2) select the services of one or more
					 qualified laboratories to perform the required work; and
(3) provide a copy of the contract or other
					 appropriate work order and the final approved report to the
					 applicant.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 14 - SMALL OPERATOR ASSISTANCE › Section 12.240 - Data Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Minimum Requirements.
(1) A determination of
					 the probable hydrologic consequences of the mining and reclamation operations,
					 both on- and off-site, shall be made by a qualified laboratory. The data for
					 this determination shall include:
(A) the
					 existing and projected surface- and ground-water seasonal flow regime,
					 including water-level and water-table evaluations; and
(B) the existing and projected seasonal
					 quality of the surface- and ground-water regime. This shall include
					 measurements and estimates of dissolved and suspended solids, pH, iron,
					 manganese, surface and channel erosion and other water-quality parameters
					 specified in the application for surface mining operation permit.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 14 - SMALL OPERATOR ASSISTANCE › Section 12.241 - Qualified Laboratories

Current through Reg. 49, No. 28; July 12, 2024
Basic Qualifications.
(1) To qualify for designation, the
					 laboratory shall demonstrate that it:
(A) is
					 staffed with experienced, professional personnel in the fields of hydrology,
					 mining engineering, aquatic biology, geology or chemistry as applicable to the
					 work to be performed;
(B) is
					 capable of collecting necessary field data and samples;
(C) has adequate space for material
					 preparation, cleaning and sterilizing of necessary equipment, stationary
					 equipment, storage and space to accommodate periods of peak work
					 loads;
(D) meets the requirements
					 of the Occupational Safety and Health Act;
(E) has the financial capability and business
					 organization necessary to perform the work required;
(F) has analytical, monitoring and measuring
					 equipment capable of meeting the applicable standards and methods contained in:
(i) Standard Methods for the Examination of
					 Water and Wastewater, 15th Edition, 1980. This publication is available from
					 the American Public Health Association, 1015 18th Street, NW, Washington,
					 D.C.20036; and
(ii) Methods for
					 Chemical Analysis of Water and Wastes, 1974. This publication is available from
					 the Office of Technology Transfer, U.S. Environment. Research Laboratory,
					 Cincinnati, Ohio 45268. These standards are hereby incorporated by reference;
					 and
(G) has the
					 capability of making hydrologic field measurements and analytical laboratory
					 determinations by acceptable hydrologic engineering or analytical methods, or
					 other appropriate methods or guidelines for data acquisition.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 14 - SMALL OPERATOR ASSISTANCE › Section 12.242 - Assistance Funding

Current through Reg. 49, No. 28; July 12, 2024
Allocation of funds. If funds are inadequate to provide
						services pursuant to this program, the Commission shall, to the extent
						practicable, establish a formula for allocating funds among eligible operators
						by prorating monies available downward as tonnage of coal to be mined
						increases, and considering such factors as the applicant's:
(1) anticipated date of filing a permit
					 application;
(2) anticipated date
					 for commencing mining; and
(3)
					 performance history.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 14 - SMALL OPERATOR ASSISTANCE › Section 12.243 - Applicant Liability

Current through Reg. 49, No. 28; July 12, 2024
(a) A coal
					 operator who has received assistance pursuant to §§
											RSA
					 12.236 and
					 RSA
					 12.240 of this title (relating to Program
					 Services, and to Data Requirements) shall reimburse the Commission for the cost
					 of the services rendered if the applicant:
(1) submits false information;
(2) fails to submit a permit application
					 within 1 year from the date of receipt of the approved laboratory
					 report;
(3) fails to mine after
					 obtaining a permit;
(4) if the
					 Commission finds that the operator's actual and attributed annual production of
					 coal for all locations exceeds 300,000 tons during the 12 months immediately
					 following the date on which the operator is issued the surface coal mining and
					 reclamation permit; or
(5) the
					 permit is sold, transferred, or assigned to another person and the transferee's
					 total actual and attributed production exceeds the 300,000-ton production limit
					 during the 12 months immediately following the date on which the permit was
					 originally issued. Under this subsection, the applicant and its successor are
					 jointly and severally obligated to reimburse the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter J - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Division 1 - GENERAL REQUIREMENTS FOR INSURANCE AND BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS UNDER REGULATORY PROGRAMS › Section 12.300 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						subchapter, shall have the following meanings unless the context clearly
						indicates otherwise.
(1) Collateral
					 bond--An indemnity agreement in a sum certain deposited with the Commission and
					 executed by the permittee and supported by one or more of the following:
(A) the deposit of cash in one or more
					 accounts, payable only to the Commission upon demand after the Commission has
					 determined the need for forfeiture and has notified the permittee of forfeiture
					 action;
(B) negotiable bonds of the
					 United States, a state or municipality, endorsed to the order of, and in the
					 possession of, the Commission;
(C)
					 negotiable certificates of deposit, made payable only to the Commission in its
					 possession;
(D) an irrevocable
					 letter of credit of any bank authorized to transact business in the United
					 States, payable upon demand;
(E) a
					 perfected, first-lien security interest in real or personal property, in favor
					 of the Commission; or
(F)
					 investment-grade related securities, having a rating of AAA, AA, A or
					 equivalent rating, issued by a nationally recognized securities rating service,
					 endorsed to the order of, and in the possession of, the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter J - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Division 1 - GENERAL REQUIREMENTS FOR INSURANCE AND BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS UNDER REGULATORY PROGRAMS › Section 12.301 - Requirements To File a Bond

Current through Reg. 49, No. 28; July 12, 2024
(a) After an
					 application for a permit to conduct surface coal mining and reclamation
					 operations has been approved but before such permit is issued, the applicant
					 shall file with the Commission a performance bond or bonds payable to the
					 Commission. The performance bond will be conditioned upon the faithful
					 performance of all the requirements of the Act, this chapter (relating to Coal
					 Mining Regulations), and the provisions of the reclamation plan and permit. The
					 amount, duration, form, conditions and terms of the performance bond shall
					 conform to §§
											RSA
					 12.304-RSA 12.307
					 of this title (relating to Amount and Duration of Performance Bond) and
					 §§
											RSA
					 12.308-RSA
					 12.311 of this title (relating to Form,
					 Conditions, and Terms of Performance Bond and Liability Insurance).
(b) The bond or bonds shall cover the entire
					 permit area, or an identified increment of land within the permit area upon
					 which the operator will initiate and conduct surface coal mining and
					 reclamation operations during the initial term of the permit. As operations on
					 succeeding areas are initiated and conducted, the permittee shall file with the
					 Commission an additional bond or bonds to cover such areas in accordance with
					 this section. The bond or bonds shall not be for an area that is smaller than
					 the entire area upon which surface coal mining and reclamation operations will
					 be conducted in a given permit term.
(1)
					 After the amount of the bond has been determined for the permit area in
					 accordance with §§
												RSA
					 12.304-RSA 12.307
					 of this title (relating to Amount and Duration of Performance Bond), the
					 permittee or applicant may either file:
(A)
					 the entire performance bond required during the term of the permit;
					 or
(B) an incremental bond schedule
					 and the new performance bond required for the first increment in the
					 schedule.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter J - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Division 1 - GENERAL REQUIREMENTS FOR INSURANCE AND BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS UNDER REGULATORY PROGRAMS › Section 12.302 - Requirement To File a Certificate of Liability Insurance

Current through Reg. 49, No. 28; July 12, 2024
Each applicant for a permit shall submit to the
						Commission as part of the permit application:
(1) a certificate issued by an insurance
					 company authorized to do business in Texas. The amount, duration, form,
					 conditions and terms of this insurance shall conform to §
											RSA
					 12.311 of this title (relating to Terms and
					 Conditions for Liability Insurance); or
(2) evidence that it satisfies applicable
					 state or federal self-insurance requirements and that self-insurance for
					 liability is otherwise consistent with §
											RSA
					 12.311 of this title (relating to Terms and
					 Conditions for Liability Insurance).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter J - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Division 1 - GENERAL REQUIREMENTS FOR INSURANCE AND BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS UNDER REGULATORY PROGRAMS › Section 12.303 - Commission Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The Commission shall prescribe and furnish the form for filing a performance
					 bond.
(b) The Commission shall
					 prescribe terms and conditions for performance bonds and insurance by
					 regulations which meet, at a minimum, the requirements of §§
											RSA
					 12.304-RSA 12.307
					 of this title (relating to Amount and Duration of Performance Bond), and of
					 §§
											RSA
					 12.308-RSA
					 12.311 of this title (relating to Form,
					 Conditions, and Terms of Performance Bond and Liability Insurance).
(c) The Commission shall determine the amount
					 of the performance bond required for the permit area including adjustments to
					 the initial amount from time-to-time as land acreages in the permit area are
					 revised, or when other relevant conditions change according to the minimum
					 requirements of §
											RSA
					 12.304<subdiv>(a)</subdiv> of
					 this title (relating to Determination of Bond Amount).
(d) The Commission may accept a self-bond in
					 lieu of a surety or collateral bond if the permittee meets the requirements of
					 §
											RSA
					 12.309<subdiv>(j)</subdiv> of
					 this title (relating to Terms and Conditions of the Bond) and any additional
					 requirements of §
											RSA
					 12.309<subdiv>(a)-(d) </subdiv>
					 of this title (relating to Terms and Conditions of the Bond).
(e) The Commission shall release the
					 permittee from his bond and insurance requirements consistent with §§
											RSA
					 12.312 and
					 RSA
					 12.313 of this title (relating to Procedures,
					 Criteria, and Schedule for Release of Performance Bond).
(f) The Commission may cause all or part of a
					 bond to be forfeited consistent with §§12.314 of-12.317 of this title
					 (relating to Performance Bond Forfeitures Criteria and Procedures).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter J - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Division 2 - AMOUNT AND DURATION OF PEFORMANCE BOND › Section 12.304 - Determination of Bond Amount

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The amount of the bond required for each bonded area shall depend upon the
					 reclamation requirements of the approved permit; shall reflect the probable
					 difficulty of reclamation giving consideration to such factors as topography,
					 geology of the site, hydrology, and revegetation potential, and shall be
					 determined by the Commission.
(b)
					 The amount of the bond shall be sufficient to assure the completion of the
					 reclamation plan if the work has to be performed by the Commission in the event
					 of forfeiture; and
(c) In no case
					 shall the bond for the entire area under one permit be less than
					 $10,000.
(d) The amount of bond
					 shall be based on, but not limited to, the estimated cost submitted by the
					 permit applicant and shall be determined by the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter J - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Division 2 - AMOUNT AND DURATION OF PEFORMANCE BOND › Section 12.306 - Period of Liability

Current through Reg. 49, No. 28; July 12, 2024
(a) Liability
					 under the performance bond(s) shall continue until all reclamation, restoration
					 and abatement work required of persons who conduct surface coal mining and
					 reclamation operations under requirements of the Act, this chapter (relating to
					 Coal Mining Regulations), and the provisions of the permit has been completed,
					 and the permit terminated by release of the permittee from any further
					 liability in accordance with §§
											RSA
					 12.312 and
					 RSA
					 12.313 of this title (relating to Procedures,
					 Criteria, and Schedule for Release of Performance Bond).
(b) The period of liability shall continue in
					 areas with more than 26.0 inches average annual precipitation, for not less
					 than 5 years and in areas of 26.0 inches or less average annual precipitation
					 for not less than 10 years.
(c) A
					 portion of a bonded area requiring extended liability because of augmentation
					 may be separated from the original area and bonded separately upon approval by
					 the Commission.
(d) If the
					 Commission approves a long-term intensive agricultural post-mining land use, in
					 accordance with §
											RSA
					 12.399 of this title (relating to Postmining
					 Land Use), the applicable five- or ten-year period of liability shall commence
					 at the date of initial planting.
(e) The Commission shall cause all or part of
					 a bond to be forfeited consistent with §§
											RSA
					 12.314-RSA
					 12.317 of this title (relating to Performance
					 Bond Forfeitures Criteria and Procedures). Actions of third parties which are
					 beyond the control of the operator and for which the operator is not
					 responsible under the permit need not be covered by the bond.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter J - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Division 2 - AMOUNT AND DURATION OF PEFORMANCE BOND › Section 12.307 - Adjustment of Amount

Current through Reg. 49, No. 28; July 12, 2024
(a) The amount of
					 the performance bonds applicable to a permit may be adjusted by the Commission
					 when the cost of future reclamation work changes. The Commission shall notify
					 the permittee, surety, and any other person with a property interest in the
					 collateral posted under this subchapter (relating to Bond and Insurance
					 Requirements for Surface Coal Mining and Reclamation Operations), of any
					 proposed bond adjustment and provide the permittee an opportunity for an
					 informal conference on the adjustment. Bond adjustments are not subject to
					 procedures of bond release under §§
											RSA
					 12.312 and
					 RSA
					 12.313 of this title (relating to Procedures,
					 Criteria, and Schedule for Release of Performance Bond).
(b) A permittee may request reduction of the
					 amount of performance bond upon submission of evidence to the Commission
					 proving that the permittee's method of operation or other circumstances will
					 reduce the estimated cost to the Commission to reclaim the area bonded. This
					 reduction of bond shall be deemed a bond adjustment.
(c) In the event that an approved operations
					 and reclamation plan is modified in accordance with Subchapter G of this
					 chapter (relating to Surface Coal Mining and Reclamation Operations Permits and
					 Coal Exploration Procedures Systems), the Commission will review the bond for
					 adequacy and, if necessary, will adjust the bond to conform to the operations
					 and reclamation plan as modified.
(d) The amount of the bond or deposit
					 required and the terms of each acceptance of the applicant's bond shall be
					 adjusted by the Commission from time to time as affected land acreages are
					 increased or decreased or where the cost of future reclamation
					 changes.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter J - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Division 3 - FORM, CONDITIONS, AND TERMS OF PERFORMANCE BOND AND LIABILITY INSURANCE › Section 12.308 - Form of the Performance Bond

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The form for the performance bond shall be prescribed by the Commission in
					 accordance with this section. The Commission may allow for:
(1) a surety bond;
(2) a collateral bond;
(3) an escrow account bond;
(4) self-bonding; or
(5) combined surety/escrow bonding.