reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter B - SPECIAL EXCEPTIONS TO THE RULES OF PRACTICE AND PROCEDURE - URANIUM MINING › Division 2 - PARTIES › Section 11.21 - Who May Appear

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person or
					 agency interested in a petition to declare lands unsuitable for surface mining
					 or petition for adoption of rules may appear formally before the
					 commission.
(b) In all regularly
					 docketed cases, a person affected in a permit application proceeding and any
					 other person or agency interested in a proceeding to designate lands as
					 unsuitable for surface mining activities, or to have such a designation
					 terminated or petition for adoption of rules, may be permitted to appear in
					 support of or in opposition to all or part of the remedy sought in the
					 particular proceeding by filing notice of intent to participate at least five
					 days in advance of the hearing date, and may present any relevant and proper
					 testimony and evidence bearing upon the issues involved in the particular
					 proceeding.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter B - SPECIAL EXCEPTIONS TO THE RULES OF PRACTICE AND PROCEDURE - URANIUM MINING › Division 3 - NOTICE AND HEARING › Section 11.31 - Public Notice

Current through Reg. 49, No. 28; July 12, 2024
At the time of submission of an application for a surface
						mining permit, renewal, or transfer of an existing permit, or for release of
						all or part of a performance bond or deposit, the applicant shall publish
						notice of the ownership, location, and boundaries of the permit area sufficient
						so that the proposed operation or area covered by the bond to be reduced or
						released is readily locatable by local residents, and the location where the
						application is available for public inspection, which shall be with the county
						clerk(s) at the county courthouse(s) of the county(ies) where the surface
						mining operation(s) subject to the application are located. Such notice shall
						be placed in the local newspaper of greatest general circulation in the
						locality of the land affected at least once a week for four consecutive weeks.
						In addition, the commission shall contact various local governmental bodies,
						planning agencies, sewage and water treatment authorities, or water companies
						having jurisdiction over or in the locality in which the proposed surface
						mining will take place and the owners of record of all surface areas, within
						500 feet of any part of the permit area, including any persons residing on the
						property of the permit area, notifying them of the applicant's intention to
						surface mine a particularly described tract of land and indicating the
						applicant's permit number, if any, and where a copy of the proposed mining and
						reclamation plan may be inspected.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter B - SPECIAL EXCEPTIONS TO THE RULES OF PRACTICE AND PROCEDURE - URANIUM MINING › Division 3 - NOTICE AND HEARING › Section 11.33 - Comments and Objections

Current through Reg. 49, No. 28; July 12, 2024
Any person affected or any federal, state, or local
						governmental agency or authority shall have the right to file written
						objections to the application for a surface mining permit or for the renewal,
						revision, or transfer of such a permit, or for release of all or part of the
						performance bond on deposit with the commission within 30 days after the last
						publication of the notice referred to in §
											RSA
						11.31 of this title (relating to Public
						Notice). Such comments shall be made a part of the record and one copy shall be
						furnished to the operator.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter B - SPECIAL EXCEPTIONS TO THE RULES OF PRACTICE AND PROCEDURE - URANIUM MINING › Division 3 - NOTICE AND HEARING › Section 11.34 - Public Hearing

Current through Reg. 49, No. 28; July 12, 2024
Within 45 days after the last publication of the notice
						referred to in §
											RSA
						11.31 of this title (relating to Public
						Notice), the commission shall determine considering any objections which have
						been filed, if the application is of significance sufficient to warrant a
						public hearing. Notice of the date, time, nature of the hearing, location of
						such public hearing, a statement of the legal authority and jurisdiction under
						which the hearing is to be held, a reference to the particular sections of the
						statutes and rules involved and a short and plain statement of the matters
						asserted, shall be published by the commission in the newspaper of greatest
						general circulation in the locality at least once a week for three consecutive
						weeks prior to the scheduled hearing date, which date shall be set within 30
						days after determination that a public hearing is warranted. The same notice
						shall also be mailed to the applicant or petitioner, and to all persons who
						have expressed by written notification to the commission an interest in the
						pending permit application, revision, renewal, transfer, petition for
						designation of lands unsuitable for surface mining, or application for release
						or reduction of a performance bond and to any other person who, in the opinion
						of the commission, should be notified.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter B - SPECIAL EXCEPTIONS TO THE RULES OF PRACTICE AND PROCEDURE - URANIUM MINING › Division 3 - NOTICE AND HEARING › Section 11.37 - Revised Notice

Current through Reg. 49, No. 28; July 12, 2024
In case the commission determines that a material error
						is made in the notice of an application for a permit or notice of a public
						hearing, or that a material change is made in an application after notice has
						been issued, the commission shall cause revised notice to be issued. If the
						material change or error affecting the content of the notice does not come to
						the attention of the commission in sufficient time to make the correction in
						each of the newspaper publications, the commission shall reschedule the hearing
						and/or appropriately readjust the time limitation schedules provided in this
						section. If the change or error requiring the revised notice is that of an
						applicant for a permit or an amendment the expense thereof shall be borne by
						that person; and, if the change or error is made by the agency, the agency will
						bear the expense.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter B - SPECIAL EXCEPTIONS TO THE RULES OF PRACTICE AND PROCEDURE - URANIUM MINING › Division 4 - DECISIONS OF COMMISSION › Section 11.52 - Decision without Public Hearing

Current through Reg. 49, No. 28; July 12, 2024
If there has been no public hearing held pursuant to
						§
											RSA
						11.34 of this title (relating to Public
						Hearing), except in the instance of an application to revise a permit, the
						commission shall notify the applicant and any objectors within 45 days after
						the last publication of the notice required in §
											RSA
						11.31 of this title (relating to Public
						Notice) whether the application has been approved or
						disapproved.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter B - SPECIAL EXCEPTIONS TO THE RULES OF PRACTICE AND PROCEDURE - URANIUM MINING › Division 4 - DECISIONS OF COMMISSION › Section 11.53 - Temporary Orders Prior to Notice and Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission may issue temporary orders
					 relating to a surface mining operation without notice and hearing, or with the
					 notice and hearing as the commission considers practical under the
					 circumstances, when necessary to enable action to be taken more expeditiously
					 than is otherwise provided by the Act to effectuate the policy and purposes of
					 the Act.
(b) If the commission
					 issues a temporary order under this authority without a hearing, and if the
					 subject matter of the order is such as to require a public hearing under the
					 Act, §131.163, the order shall set a time and place for a public hearing
					 to be held. The hearing shall be held as soon after the temporary order is
					 issued as is practical.
(c) At the
					 hearing, the commission shall affirm, modify, or set aside the temporary order.
					 If the nature of the commission's action requires, further proceedings shall be
					 conducted as appropriate under provisions of the Administrative Procedure and
					 Texas Register Act, as amended (Texas Civil Statutes, Article
					 6252-13a).
(d) The requirements of
					 the Act, §131.159 and §131.160, concerning the time for notice,
					 newspaper notice, and method of giving a person notice do not apply to the
					 hearing, but general notice of the hearing shall be given that the commission
					 considers practical under the circumstances.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 1 - INTRODUCTION › Section 11.71 - Purpose and Authority

Current through Reg. 49, No. 28; July 12, 2024
In order to prevent the adverse effects to society and
						the environment resulting from unregulated surface mining operations; to ensure
						that the rights of surface landowners and other persons with a legal interest
						in the land or appurtenances are protected from such unregulated exploration
						and surface mining operations; to ensure that surface mining operations are not
						conducted where reclamation as required by the Texas Railroad Commission is not
						possible; to ensure that exploration and surface mining operations are so
						conducted as to prevent unreasonable degradation to land and water resources;
						to ensure that exploration reclamation and reclamation of all surface-mined
						lands is accomplished as contemporaneously as practicable with the exploration
						and surface mining operation, recognizing that the extraction of minerals by
						responsible mining operations is an essential and beneficial economic activity,
						these sections are promulgated pursuant to the directive and authority of the
						Texas Uranium Exploration, Surface Mining, and Reclamation Act, Texas Natural
						Resources Code, Chapter 131, et seq. (the "Act"), and any amendment to
						it.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 1 - INTRODUCTION › Section 11.72 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) No person shall
					 conduct any uranium exploration activity or surface mining operation without
					 having first obtained a uranium exploration permit or surface mining permit
					 issued by the commission pursuant to this subchapter and the Act.
(b) The provisions of this chapter shall not
					 apply to:
(1) surface mining operations
					 conducted on public lands regulated by the General Land Office of Texas;
					 provided that such affected lands are reclaimed in a manner consistent with the
					 provisions of this chapter; and
(2)
					 any land where the overburden has been removed and a mineral has been produced
					 prior to June 21, 1975.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 1 - INTRODUCTION › Section 11.73 - Uranium Exploration Forms

Current through Reg. 49, No. 28; July 12, 2024
Forms required to be filed at the Commission for
						conducting uranium exploration shall be those prescribed by the Commission as
						listed in Table 1 of this section. All Commission forms listed in Table 1 for
						uranium exploration and required to be filed at the Commission shall be kept by
						the Commission secretary and posted on the Commission's web site. Notice of any
						new or amended forms shall be issued by the Commission. The Commission may at
						its discretion accept an earlier version of a prescribed form, provided that it
						contains all required information.
Attached
						Graphic
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 1 - INTRODUCTION › Section 11.74 - Information Subject to Public Review

Current through Reg. 49, No. 28; July 12, 2024
(a) All information filed by an applicant or
					 permittee is considered essential for public review unless the provisions of
					 subsection (b) of this section apply.
(b) An applicant or permittee may identify as
					 confidential specific information concerning mineral deposits, test borings,
					 core samples, geophysical logs, trade secrets, or privileged commercial or
					 financial information relating to the competitive rights of the applicant for
					 or permittee of any exploration permit or surface mining permit. At the time
					 the information is filed, the applicant or permittee shall identify all
					 specific information claimed to be confidential and shall set forth all facts
					 and arguments in support of this claim. Information claimed to be confidential
					 shall be submitted separately from the rest of the application in a clearly
					 marked sealed envelope.
(1) The director
					 shall review the specific information identified as confidential by the
					 applicant or permittee and, within 10 business days from the date of filing,
					 the director shall make a written determination as to whether the specific
					 information is essential for public review. The director's determination is
					 subject to appeal to the Commission within 10 business days of issuing such
					 determination. If the director determines that the specific information is
					 essential for public review, the director shall set forth all facts and
					 reasoning in support of that determination. Ten business days following the
					 issuance of that determination, the director shall place the specific
					 information in the public file, unless the applicant or permittee appeals the
					 director's determination to the Commission.
(2) A member, employee, or agent of the
					 Commission shall not disclose specific information that has been determined in
					 paragraph (1) of this subsection to be confidential and not essential for
					 public review.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 2 - DEFINITIONS › Section 11.81 - Statutory Definitions

Current through Reg. 49, No. 28; July 12, 2024
As used in this subchapter, the following words defined
						in the Act, §131.004, shall have the definitions therein set forth and as
						they may be hereafter severally amended. For convenience in reference, such
						definitions are as follows.
(1)
					 Affected land or land affected--
(A) The area
					 from which any materials are to be or have been displaced in a surface mining
					 operation.
(B) The area on which
					 any materials so displaced are to be or have been deposited.
(C) The haul roads and impoundment basins
					 within the surface mining area.
(D)
					 Other land whose natural state has been or will be disturbed as a result of the
					 surface mining operations.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 3 - URANIUM SURFACE MINING PERMITS › Section 11.91 - Term

Current through Reg. 49, No. 28; July 12, 2024
Surface mining permits for uranium shall be for a term
						not to exceed 10 years.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 3 - URANIUM SURFACE MINING PERMITS › Section 11.92 - Surface Mining Permit Application

Current through Reg. 49, No. 28; July 12, 2024
A permit application may cover one or more surface mining
						operations which may or may not be contiguous. The application for
						noncontiguous operations may contain a consolidated reclamation plan covering
						each of the separate operations unless the nature of the operations varies to
						such an extent to require the delineation of distinctly separate reclamation
						plans. Three copies of the permit application shall be submitted to the
						commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 3 - URANIUM SURFACE MINING PERMITS › Section 11.93 - Elements of Surface Mining Permit Application

Current through Reg. 49, No. 28; July 12, 2024
The permit application for surface uranium mining shall
						consist of the following elements.
(1)
					 An initial application fee of $400 shall be submitted in the form of cash or
					 check and if check, it should be made payable to the Railroad Commission of
					 Texas.
(2) If the applicant wishes,
					 he may submit an estimate made by a qualified independent person of the cost of
					 reclamation of the lands covered by the permit application and this estimate
					 shall be used in determining the amount of bond required of the applicant.
					 Registration as a professional engineer shall be prima facie evidence of
					 qualification for making such estimate.
(3) The applicant shall include within 15
					 days following the last day of publication of notice of the application for a
					 permit, an affidavit of publication in compliance with the requirements of
					 §
											RSA
					 11.31 of this title (relating to Public
					 Notice). Notice: The applicant is solely responsible for providing legally
					 adequate notification of the application for a permit as provided in these
					 sections.
(4) The applicant shall
					 include a plan to reclaim all land disturbed by the surface mining operation
					 pursuant to the requirements of §§
											RSA
					 11.151-RSA 11.154 of this
					 title (relating to Surface Mining Reclamation Plan; Surface Mining Reclamation
					 Standards; Alternative Methods; and Amendments).
(5) All other information required in the
					 permit application form provided by the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 3 - URANIUM SURFACE MINING PERMITS › Section 11.94 - Surface Mining Permit Application Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) After approval but prior to issuance of
					 the surface mining permit, the applicant shall pay $10 per acre of the permit
					 area, in addition to the initial $400 application fee. This fee may be paid in
					 annual installments apportioned over the term of the permit on the basis of the
					 acreage to be disturbed during 12-month periods.
(b) When notifying applicant of approval of a
					 permit application as provided in § 11.51 of this title (relating to
					 Decision after Public Hearing) and §
											RSA
					 11.52 of this title (relating to Decision
					 without Public Hearing), the commission shall inform the applicant of the
					 amount of approved application fee and the bond required for each surface
					 mining operation covered by the permit.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 3 - URANIUM SURFACE MINING PERMITS › Section 11.95 - Surface Mining Bonding, Insurance, and Payment of Fees

Current through Reg. 49, No. 28; July 12, 2024
After receipt of notification of approval as provided in
						§
											RSA
						11.94 of this title (relating to Surface
						Mining Permit Application Approval), applicant shall submit to the commission
						within 180 days following notification of approval:
(1) a certificate of insurance on a form
					 provided by the commission and executed by an insurance company authorized to
					 conduct business in the State of Texas covering all surface mining operations
					 authorized by said permit showing protection of the following types in the
					 amounts indicated:
(A) bodily injury,
					 $500,000 per person, $1.5 million per accident;
(B) property damage, $1 million per accident;
					 which includes but is not limited to damage resulting from the use of
					 explosives;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 3 - URANIUM SURFACE MINING PERMITS › Section 11.96 - Surface Mining Permit Issuance

Current through Reg. 49, No. 28; July 12, 2024
The applicant shall have the right to proceed with
						activities covered by the application immediately upon submitting the
						certificates, bond (or other substitute collateral), approved application fee
						required in §
											RSA
						11.95 of this title (relating to Surface
						Mining Bonding, Insurance, and Payment of Fees), and the commission has issued
						a written permit for such activities. The commission will issue a written
						permit within 30 days after the certificates, bonds (or other substitute
						collateral), and approved application fee required in §
											RSA
						11.95 of this title have been received by the
						commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 3 - URANIUM SURFACE MINING PERMITS › Section 11.97 - Surface Mining Permit Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Any valid surface mining permit issued pursuant to these rules shall carry with
					 it the right of successive renewal on expiration with respect to areas within
					 the boundaries of the existing permit. The holder of such permit may apply for
					 renewal not later than 90 days prior to the expiration of the permit and such
					 renewal shall be issued on the written finding by the commission that:
(1) the terms and conditions of the existing
					 permit are being satisfactorily met;
(2) the performance bond or other substitute
					 collateral required under the terms of these rules continue in full force and
					 effect and unimpaired for the requested renewal;
(3) the operator has provided any additional
					 or revised information required by the commission; and
(4) notice under §
												RSA
					 11.31 of this title (relating to Public
					 Notice) has been provided with respect to the application for
					 renewal.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 3 - URANIUM SURFACE MINING PERMITS › Section 11.98 - Surface Mining Permit Transfer

Current through Reg. 49, No. 28; July 12, 2024
(a) No
					 transfer, assignment, or sale of the rights granted under any permit issued
					 pursuant to these rules shall be made without the written approval of the
					 commission. Any person desiring to succeed to the interests of a permittee
					 hereunder must file an application on a form prescribed by the commission
					 setting out the following information.
(1)
					 Information relating to ownership and other mining activities of the
					 applicant.
(2) Proof that the
					 public liability insurance requirement of §
												RSA
					 11.95<subdiv>(1)</subdiv> of this
					 title (relating to Surface Mining Bonding, Insurance, and Payment of Fees) will
					 be fulfilled.
(3) Proof that the
					 performance bond or other substitute collateral required in §
												RSA
					 11.95<subdiv>(3)</subdiv> of this
					 title will be furnished.
(4) The
					 statement of the applicant that the applicant will faithfully carry out all of
					 the requirements of the reclamation plan approved in the permit.
(5) An affidavit of publication of notice
					 from the newspaper of the greatest general circulation in the locality of the
					 land affected.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 3 - URANIUM SURFACE MINING PERMITS › Section 11.99 - Surface Mining Permit Approval

Current through Reg. 49, No. 28; July 12, 2024
The surface mining permit shall be granted if it is
						established that the application complies with the requirements of this chapter
						and all applicable federal and state laws. The commission may approve a surface
						mining permit conditioned upon the approval of all other state permits or
						licenses that may be required.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 3 - URANIUM SURFACE MINING PERMITS › Section 11.100 - Surface Mining Permit Denial

Current through Reg. 49, No. 28; July 12, 2024
The commission shall deny a uranium surface mining permit
						if:
(1) The commission finds that the
					 reclamation as required by these sections cannot be accomplished by means of
					 the proposed reclamation plan.
(2)
					 Any part of the proposed operation lies within an area designated as unsuitable
					 for surface mining as designated by §§
											RSA
					 11.161-RSA
					 11.167 of this title (relating to Designation
					 of Lands Unsuitable for Surface Mining); provided, however, the application may
					 be amended to exclude such designated areas.
(3) The commission is advised by the Texas
					 Commission on Environmental Quality that the proposed mining operation will
					 cause pollution of any water of the state, or that the proposed mining
					 operation will cause pollution of the ambient air of the state, in violation of
					 the laws of this state.
(4) The
					 applicant has had any other permit issued under the Act revoked, or any bond
					 posted to comply with these sections forfeited, and the conditions causing the
					 permit to be revoked or the bond to be forfeited have not been corrected to the
					 satisfaction of the commission.
(5)
					 The commission determines that the proposed operation will endanger the health
					 and safety of the public.
(6) The
					 commission determines that the proposed operation will adversely affect any
					 public highway or road. A surface mining operation will be presumed not to
					 adversely affect a public highway or road if the governmental authority
					 responsible for the location and/or maintenance of the highway or road has no
					 objection to the surface mining operation.
(7) The operator is unable to produce the
					 bonds or otherwise meet the requirements of §§
											RSA
					 11.201-RSA
					 11.206 of this title (relating to Performance
					 Bonds).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 4 - TERMINATION, SUSPENSION, REVISION, AND CORRECTION OF PERMITS › Section 11.111 - Basis of Revocation and Suspension

Current through Reg. 49, No. 28; July 12, 2024
A permit does not become a vested right in the holder.
						Following an inspection, the permit may be revoked or suspended by the
						commission for good cause, in accordance with the provisions of §
											RSA
						11.113 of this title (relating to Revocation
						or Suspension without Consent), for one or more of the following
						grounds.
(1) Any condition or
					 practices exist, or that permittee is in violation of any requirement of the
					 rules or the Act or any permit condition required by the Act, which condition,
					 practice, or violation also creates an imminent danger to the health or safety
					 of the public, or is causing or can reasonably be expected to cause significant
					 imminent harm to land, air, or water resources.
(2) Any permittee is in violation of any
					 requirement of its permit, the rules, or the Act, although such violation does
					 not create an imminent danger to the health or safety of the public, or cause
					 or can be reasonably expected to cause significant imminent harm to land, air,
					 or water resources.
(3) A pattern
					 of violations of any requirements of the rules, Act, or any permit conditions
					 required by the Act exists or has existed, and if the commission also finds
					 that such violations are caused by the unwarranted failure of the permittee to
					 comply with any requirements of the Act or any permit conditions, or that such
					 violations are willfully caused by the permittee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 4 - TERMINATION, SUSPENSION, REVISION, AND CORRECTION OF PERMITS › Section 11.112 - Termination or Suspension with Consent

Current through Reg. 49, No. 28; July 12, 2024
If the holder of a permit no longer desires to operate
						the surface mining operation or is agreeable to a suspension of his authority
						to do so for a specified period of time, he should file a written waiver or
						consent to the suspension of his authority in the central office of the
						commission; if he so requests, the central office of the commission will
						prepare and send him a written waiver or consent to execute. The commission
						shall then enter an order terminating the permit or suspending the authority to
						operate the surface mining operation for a specified period. A copy of the
						order shall be sent by mail to the holder of the permit.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 4 - TERMINATION, SUSPENSION, REVISION, AND CORRECTION OF PERMITS › Section 11.114 - Revision on Motion or with Consent

Current through Reg. 49, No. 28; July 12, 2024
On the initiative of a holder of a permit or upon request
						of the commission the permit holder may file an application to revise the
						permit.
(1) A document shall be
					 prepared setting forth the revisions desired. The holder of a permit shall use
					 the form of an application for a permit and indicate thereon the changes
					 requested. The manner of preparation of the application for a revision of a
					 permit and the information submitted shall conform to the requirements of
					 §
											RSA
					 11.92 of this title (relating to Surface
					 Mining Permit Application) and §
											RSA
					 11.93 of this title (relating to Elements of
					 Surface Mining Permit Application).
(2) Within five days after receiving the
					 application for revision, the commission shall determine whether or not the
					 application for revision proposes a substantial change in the intended use of
					 the land or significant alteration in the reclamation plan.
(3) Any application for revision of a permit
					 which proposes a substantial change in the intended future use of the land or
					 significant alteration in the reclamation plan shall comply with the notice and
					 hearing requirements set out in §§
											RSA
					 11.31-RSA
					 11.37 of this title (relating to Notice and
					 Hearing) and shall be approved or disapproved by the commission within 60 days
					 of the date the commission determines whether or not the application is of
					 significance sufficient to warrant a public hearing.
(4) Any extensions to the area covered by a
					 permit, other than incidental boundary revisions, shall be made by application
					 for another permit.
(5)
					 Determinations by the commission of a revision of a permit shall be made in
					 conformity with § 11.51 of this title (relating to Decision after Public
					 Hearing) and §
											RSA
					 11.52 of this title (relating to Decision
					 without Public Hearing) and the procedure established for notification of
					 disapproval of an application for a revision and method of appeal of the
					 decision provided for in §
											RSA
					 11.52 of this title.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 4 - TERMINATION, SUSPENSION, REVISION, AND CORRECTION OF PERMITS › Section 11.115 - Corrections

Current through Reg. 49, No. 28; July 12, 2024
In any of the following situations, the commission may
						make a correction to a permit or order by reissuing the permit or order without
						the necessity of observing the formal revision procedure described in §
											RSA
						11.114 of this title (relating to Revision on
						Motion or with Consent):
(1) to
					 correct a clerical or typographical error;
(2) to describe more accurately the location
					 of the authorized surface mining operation;
(3) to describe more accurately the nature,
					 type, and method of the surface mining operation;
(4) to describe more accurately any provision
					 in a permit or order, but without changing the substance of any such
					 provision;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 5 - URANIUM EXPLORATION PERMITS AND PERMIT FEES › Section 11.131 - Uranium Exploration Permit: General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may not conduct any uranium
					 exploration activity unless the person holds an exploration permit issued by
					 the division.
(b) An exploration
					 permit alone does not constitute a right to conduct uranium exploration
					 activity. Inclusion of land within a permit boundary does not constitute
					 authority to conduct uranium exploration activity. Permit boundaries may
					 overlap.
(c) An exploration permit
					 constitutes authority from the Commission to conduct uranium exploration
					 activities in those areas covered by the permit for which the permittee has the
					 right of entry for such activities.
(d) An exploration permit governs all
					 disturbance of the surface and subsurface associated with determining the
					 location, quantity, or quality of uranium deposits.
(e) A uranium exploration permit shall
					 contain provisions to govern:
(1) locating,
					 drilling, plugging, and abandoning exploration boreholes;
(2) casing exploration boreholes for use in
					 the exploration process;
(3) using
					 cased exploration wells for rig supply purposes; and
(4) plugging and abandoning cased exploration
					 wells.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 5 - URANIUM EXPLORATION PERMITS AND PERMIT FEES › Section 11.133 - Uranium Exploration Permit Revision

Current through Reg. 49, No. 28; July 12, 2024
(a) A permittee may revise a uranium
					 exploration permit by filing with the division a completed Form SMRD-3U
					 (Application to Conduct Uranium Exploration Activities by Drilling) no later
					 than 30 days prior to the proposed revision implementation date and paying the
					 Commission the fee required by §
											RSA
					 11.136 of this title (relating to Uranium
					 Exploration Permit Fees).
(b) The
					 uranium exploration permit revision application shall be signed by an
					 authorized representative, dated, and certified, and shall contain all
					 applicable information required by §
											RSA
					 11.132 of this title (relating to Application
					 to Conduct Uranium Exploration Activity).
(c) The permittee shall describe in the
					 revision application any changes proposed to the exploration activity or
					 reclamation.
(d) A uranium
					 exploration permit revision shall not have the effect of extending the initial
					 uranium exploration permit beyond its original one-year term.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 5 - URANIUM EXPLORATION PERMITS AND PERMIT FEES › Section 11.134 - Uranium Exploration Permit Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) A permittee shall apply for a permit
					 renewal by filing with the division a completed Form SMRD-3U (Application to
					 Conduct Uranium Exploration Activities by Drilling) at least 30 days prior to
					 the expiration of the permit term and paying the Commission the applicable fee
					 or fees as required by §
											RSA
					 11.136 of this title (relating to Uranium
					 Exploration Permit Fees). In the renewal application, the permittee shall
					 describe all revisions that are proposed for the exploration activity or
					 reclamation. The director shall issue the renewal permit based on the written
					 findings by the director that:
(1) the
					 permittee is meeting the terms and conditions of the existing permit;
					 and
(2) the permittee has provided
					 any additional or revised information required by the director.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 5 - URANIUM EXPLORATION PERMITS AND PERMIT FEES › Section 11.135 - Uranium Exploration Permit Transfer

Current through Reg. 49, No. 28; July 12, 2024
(a) A permittee may request the transfer of
					 its uranium exploration permit by filing with the division a completed Form
					 SMRD-5U (Application to Transfer a Uranium Exploration Permit) and paying the
					 Commission the applicable fee or fees as required by §
											RSA
					 11.136 of this title (relating to Uranium
					 Exploration Permit Fees). The current permittee shall identify the prospective
					 permittee in accordance with §
											RSA
					 11.132 of this title (relating to Application
					 to Conduct Uranium Exploration Activity).
(b) The current permittee shall include with
					 the permit transfer application a plugging report that meets the requirements
					 of §
											RSA
					 11.139 of this title (relating to Uranium
					 Exploration Drill Site Plugging and Reporting Requirements) demonstrating that
					 the permittee has completed all plugging and reclamation requirements. Any
					 changes proposed to the permit other than the transfer of the permit to a new
					 permittee shall be made by application for a new permit pursuant to §
											RSA
					 11.132 of this title.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 5 - URANIUM EXPLORATION PERMITS AND PERMIT FEES › Section 11.136 - Uranium Exploration Permit Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Initial uranium exploration permit fee.
					 Each applicant for a uranium exploration permit shall pay to the Commission a
					 uranium exploration permit fee consisting of:
(1) a permit-application filing fee of
					 $5,500, to be submitted with the application; and
(2) an amount equal to $45 for each
					 exploration borehole drilled during each month of the approved 12-month permit
					 term, non-refundable, and payable as described in subsection (e) of this
					 section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 5 - URANIUM EXPLORATION PERMITS AND PERMIT FEES › Section 11.137 - Commission Notice of Uranium Exploration Permit Application, Issuance, and Denial

Current through Reg. 49, No. 28; July 12, 2024
(a) The division
					 shall provide concurrent written notice to the entities listed in subsection
					 (b) of this section of:
(1) the division's
					 receipt of an initial application for an exploration permit and the director's
					 issuance or denial of an exploration permit;
(2) the division's receipt of an application
					 for a permit revision that adds acreage to or removes acreage from the permit
					 area or makes a material change in the permit boundaries and the director's
					 issuance or denial of a permit revision;
(3) the division's receipt of an application
					 for an exploration permit renewal and the director's issuance or denial of an
					 exploration permit renewal; and
(4)
					 the division's receipt of an application for an exploration permit transfer and
					 the director's issuance or denial of an exploration permit transfer.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 5 - URANIUM EXPLORATION PERMITS AND PERMIT FEES › Section 11.138 - Uranium Exploration Drill Site Operating and Reclamation Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) No permittee
					 may drill an exploration borehole within 150 horizontal feet of an existing
					 water well without the written consent of the well owner.
(b) Each permittee shall:
(1) segregate topsoil from subsoil and
					 salvage it while digging a mud pit;
(2) protect livestock from open mud pits;
					 and
(3) prevent surface-water
					 runoff from entering open mud pits.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 5 - URANIUM EXPLORATION PERMITS AND PERMIT FEES › Section 11.139 - Uranium Exploration Drill Site Plugging and Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Each permittee
					 shall plug each exploration borehole within three business days of drilling
					 completion unless otherwise approved in the permit. The permittee shall
					 maintain records of borehole logging, cementing dates, and rig logs and make
					 them available for inspection by the division.
(b) Each permittee shall plug each
					 exploration borehole in accordance with the following requirements.
(1) Each borehole shall be plugged with
					 Type-I neat cement from total depth to three feet below ground surface unless
					 the director approves an alternative plugging method that meets the
					 requirements of subsection (d) of this section.
(2) Downhole plugs shall be emplaced using
					 tremie tubing or drill string pipe. The remainder of the hole between the top
					 of the plug and the ground surface shall be filled with non-toxic drill
					 cuttings or soil.
(3) To ensure
					 that the proper plug depth is achieved, each borehole shall be checked for
					 settling within two business days after initial plugging. If the depth to the
					 top of the plug is not at the required distance from the surface, additional
					 cement or alternative plugging material, if approved, shall be added to bring
					 the plug to the required depth.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 5 - URANIUM EXPLORATION PERMITS AND PERMIT FEES › Section 11.140 - Commission and Groundwater Conservation District Jurisdiction

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
					 has jurisdiction over uranium exploration boreholes and cased exploration wells
					 completed under an exploration permit until:
(1) exploration boreholes and cased
					 exploration wells are properly plugged in accordance with §
												RSA
					 11.138 of this title (relating to Uranium
					 Exploration Drill Site Operating and Reclamation Requirements); or
(2) cased exploration wells are either:
(A) registered with the Texas Commission on
					 Environmental Quality; or
(B)
					 included in an area permit issued by the Texas Commission on Environmental
					 Quality under Texas Water Code, Chapter 27.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 5 - URANIUM EXPLORATION PERMITS AND PERMIT FEES › Section 11.141 - Groundwater Quality and Well Information

Current through Reg. 49, No. 28; July 12, 2024
(a) At least 15 days prior to commencement of
					 drilling, a permittee whose permit authorizes exploration in a groundwater
					 conservation district shall obtain groundwater samples for analysis in
					 accordance with this subsection. Within 90 days of receiving the laboratory
					 analysis data, the permittee shall provide to the district pre-exploration
					 groundwater quality information as follows:
(1) from each existing well located in a
					 groundwater conservation district that is tested by the permittee before
					 exploration; and
(2) from the
					 following wells, as applicable:
(A) if there
					 are fewer than 10 existing wells located inside the approved exploration area,
					 from each well located inside the approved exploration area; or
(B) if there are at least 10 existing wells
					 located inside the approved exploration area, from 10 existing wells that are
					 distributed as evenly as possible throughout that area.