reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 3 - CIVIL PENALTIES › Section 12.691 - Procedures for Assessment of Civil Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Within 15 days of service of a notice or
					 order, the person to whom it was issued may submit written information about
					 the violation to the Commission and to the inspector who issued the notice of
					 violation or cessation order. The Commission shall consider any information so
					 submitted in determining the facts surrounding the violation and the amount of
					 the penalty.
(b) The Commission
					 shall serve a copy of the proposed assessment and of the worksheet showing the
					 computation of the proposed assessment on the person to whom the notice or
					 order was issued, by certified mail, within 30 days of the issuance of the
					 notice or order. Unless otherwise proved by competent evidence, a pleading or
					 other document shall be deemed to have been received by a party, on whom it has
					 been served in accordance with these rules, three days after it was mailed or
					 on the date received if delivered in person.
(1) If the mail is tendered at the address of
					 that person set forth in the sign required under §
												RSA
					 12.330 of this title (relating to Signs and
					 Markers), or at any address at which that person is in fact located, and he or
					 she refuses to accept delivery of or to collect such mail, the requirements of
					 this subsection shall be deemed to have been satisfied upon such
					 tender.
(2) Failure of the
					 Commission to serve any proposed assessment within 30 days shall not be grounds
					 for dismissal unless the person against whom the proposed penalty has been
					 assessed:
(A) proves actual prejudice as a
					 result of the delay; and
(B) makes
					 a timely objection to the delay. An objection shall be timely only if made in
					 the normal course of administrative review.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 3 - CIVIL PENALTIES › Section 12.692 - Procedures for Assessment Conference

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission shall arrange for a
					 conference to review the proposed assessment or reassessment, upon written
					 request of the person to whom the notice or order was issued, if the request is
					 received within 15 days from the date the proposed assessment or reassessment
					 is mailed.
(b) Assessment
					 conference procedures shall be as follows:
(1) the Commission shall assign an examiner
					 to hold the assessment conference. The assessment conference shall be held
					 within 60 days from the date of issuance of the proposed assessment or the end
					 of the abatement period, whichever is later;
(2) the Commission shall post notice of the
					 time and place of the conference at the field office closest to the mine at
					 least 5 days before the conference. Any person shall have a right to attend and
					 participate in the conference;
(3)
					 the examiner shall consider all relevant information on the violation. Within
					 30 days after the conference is held, the examiner shall either:
(A) settle the issues, in which case a
					 settlement agreement shall be prepared and signed by the examiner on behalf of
					 the Commission and by the person assessed; or
(B) affirm, raise, lower, or vacate the
					 penalty; and
(4) an
					 increase or reduction of a proposed civil penalty assessment of more than 25%
					 and more than $500.00 shall not be final and binding on the Commission until
					 approved by the Director of the Surface Mining and Reclamation
					 Division.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 3 - CIVIL PENALTIES › Section 12.693 - Request for Hearing

Current through Reg. 49, No. 28; July 12, 2024
The person charged with the violation may contest the
						proposed penalty or the fact of the violation by submitting a petition and an
						amount equal to the proposed penalty or, if an assessment conference has been
						held, the reassessed or affirmed penalty to the Commission, to be held in
						escrow, within 30 days from receipt of the proposed assessment or reassessment
						or 30 days from the date of service of the assessment conference examiners
						action, whichever is later. The fact of the violation may not be contested if
						it has been decided in a review proceeding commenced under §
											RSA
						12.682 of this title (relating to Formal
						Review of Notice of Violation or Cessation Order).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 3 - CIVIL PENALTIES › Section 12.694 - Final Assessment and Payment of Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) If the person to whom a notice of
					 violation or cessation order is issued fails to request a hearing as provided
					 in §
											RSA
					 12.693 of this title (relating to Request for
					 Hearing), the proposed assessment shall become a final order of the Commission
					 and the penalty assessed shall become due and payable upon expiration of the
					 time allowed to request a hearing.
(b) If any party requests judicial review of
					 a final order of the Commission, the proposed penalty shall continue to be held
					 in escrow until completion of the review. Otherwise, subject to subsection (c)
					 of this section, the escrowed funds shall be transferred to the Commission in
					 payment of the penalty, and the escrow shall end.
(c) If the final decision in the
					 administrative and judicial review results in an order reducing or eliminating
					 the proposed penalty assessed under §§
											RSA
					 12.686-12.694 of this title (relating to
					 Civil Penalties), the Commission shall within 30 days of receipt of the order
					 refund to the person assessed all or part of the escrowed amount, with interest
					 from the date of payment into escrow to the date of the refund at the
					 prevailing Department of the Treasury rate.
(d) If the review results in an order
					 increasing the penalty, the person to whom the notice or order was issued shall
					 pay the difference to the Commission within 15 days after the order is mailed
					 to such person.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 4 - INDIVIDUAL CIVIL PENALTIES › Section 12.696 - When an Individual Civil Penalty May Be Assessed

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsection (b) of
					 this section, the Commission may assess an individual civil penalty against any
					 corporate director, officer, or agent of a corporate permittee who knowingly
					 and willfully authorized, ordered, or carried out a violation, failure, or
					 refusal.
(b) The Commission shall
					 not assess an individual civil penalty in situations resulting from a permit
					 violation by a corporate permittee until a cessation order has been issued by
					 the Commission to the corporate permittee for the violation, and the cessation
					 order has remained unabated for 30 days.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 4 - INDIVIDUAL CIVIL PENALTIES › Section 12.697 - Amount of Individual Civil Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) In determining the amount of an
					 individual civil penalty assessed under §
											RSA
					 12.696 of this title (relating to When an
					 Individual Civil Penalty May Be Assessed), the Commission shall consider the
					 criteria specified in §§134.174-134.181 of the Act, including:
(1) the individual's history of authorizing,
					 ordering, or carrying out previous violations, failures, or refusals at the
					 particular surface coal mining operation;
(2) the seriousness of the violation,
					 failure, or refusal (as indicated by the extent of damage and/or the cost of
					 reclamation), including any irreparable harm to the environment and any hazard
					 to the health or safety of the public; and
(3) the demonstrated good faith of the
					 individual charged in attempting to achieve rapid compliance after notice of
					 the violation, failure, or refusal.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 4 - INDIVIDUAL CIVIL PENALTIES › Section 12.698 - Procedure for Assessment of Civil Individual Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice. The Commission shall serve on
					 each individual to be assessed an individual civil penalty a notice of proposed
					 individual civil penalty assessment, including a narrative explanation of the
					 reasons for the penalty, the amount to be assessed, and a copy of any
					 underlying notice of violation and cessation order.
(b) Final order and opportunity for review.
					 The notice of proposed individual civil penalty assessment shall become a final
					 order of the Commission 30 days after service upon the individual unless:
(1) the individual files within 30 days of
					 service of the notice of proposed individual civil penalty assessment a request
					 for a hearing in accordance with §
												RSA
					 12.693 of this title (relating to Request For
					 Hearing); or
(2) the Commission and
					 the individual or responsible corporate permittee agree within 30 days of
					 service of the notice of proposed individual civil penalty assessment to a
					 schedule or plan for the abatement or correction of the violation, failure, or
					 refusal.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 4 - INDIVIDUAL CIVIL PENALTIES › Section 12.699 - Payment of Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) No abatement or
					 appeal. If a notice of proposed individual civil penalty assessment becomes a
					 final order in the absence of a petition for review or abatement agreement, the
					 penalty shall be due upon issuance of the final order.
(b) Requests for appeal. If an individual
					 named in a notice of proposed individual civil penalty assessment files a
					 request for a hearing in accordance with §
											RSA
					 12.693 of this title (relating to Request for
					 Hearing), the penalty shall be due upon the issuance of a final order
					 affirming, increasing, or decreasing the proposed penalty.
(c) Abatement agreement. Where the Commission
					 and the corporate permittee or individual have agreed in writing on a plan for
					 the abatement of or compliance with the unabated order, an individual named in
					 a notice of proposed individual civil penalty assessment may postpone payment
					 until receiving either a final order from the Commission stating that the
					 penalty is due on the date of such final order, or written notice that
					 abatement or compliance is satisfactory and the penalty has been
					 withdrawn.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter M - TRAINING › Division 1 - TRAINING, EXAMINATION, AND CERTIFICATION OF BLASTERS › Section 12.700 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
					 this section and §§
											RSA
					 12.702-RSA 12.710 of this
					 title (relating to Training, Examination, and Certification of Blasters) is to
					 provide procedures for the training, examination, and certification of blasters
					 for mining operations regulated by the Commission.
(b) The scope of this section and
					 §§
											RSA
					 12.702-RSA 12.710 of this
					 title (relating to Training, Examination, and Certification of Blasters)
					 includes the training and examination of blasters; the issuance, renewal,
					 reissuance, suspension and revocation of Commission blaster certificates; and
					 the replacement of lost or destroyed certificates. It governs the reciprocity
					 rights extended by the Commission to the holders of valid blaster certificates
					 issued by other qualified jurisdictions.
(c) The adoption and implementation of this
					 section and §§
											RSA
					 12.702-RSA 12.710 of this
					 title (relating to Training, Examination, and Certification of Blasters) are
					 not intended to and shall not in any manner subject the Commission, its agents,
					 or persons who may contract with the Commission, to liability for the actions
					 or negligence of individuals trained, examined, or certified as blasters by the
					 Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter M - TRAINING › Division 1 - TRAINING, EXAMINATION, AND CERTIFICATION OF BLASTERS › Section 12.702 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
To qualify for blaster certification by the Commission, a
						person must satisfy the following requirements:
(1) Age.
(A) An applicant may not be younger than 20
					 years of age; and
(B) an applicant
					 may not be younger than 21 years of age at the time of blaster
					 certification.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter M - TRAINING › Division 1 - TRAINING, EXAMINATION, AND CERTIFICATION OF BLASTERS › Section 12.703 - Training

Current through Reg. 49, No. 28; July 12, 2024
(a) On-the-job
					 training. Except as provided in §
											RSA 12.706
					 of this title (relating to Examination) for reexamination, each applicant who
					 does not qualify as a blaster shall have:
(1)
					 received on-the-job training, including practical field experience in blasting
					 operations, from a blaster for 2 out of 3 years preceding the submission of his
					 or her application; and
(2)
					 obtained from the blaster satisfactory evidence of the required on-the-job
					 training.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter M - TRAINING › Division 1 - TRAINING, EXAMINATION, AND CERTIFICATION OF BLASTERS › Section 12.704 - Training Courses

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
					 shall offer or contract for courses of instruction for the purpose of providing
					 training under §§12.700, 12.702, and 12.703, this section, and
					 §§
											RSA
					 12.705-RSA 12.710 of this
					 title (relating to Training, Examination, and Certification of Blasters) to
					 qualified persons, including study of the following:
(1) Explosives.
(A) Selection of the type of explosive to be
					 used;
(B) Determination of the
					 properties of explosives which will produce desired results at an acceptable
					 level of risk; and
(C) Handling,
					 transportation and storage of explosives.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter M - TRAINING › Division 1 - TRAINING, EXAMINATION, AND CERTIFICATION OF BLASTERS › Section 12.705 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The Surface
					 Mining and Reclamation Division shall make available to persons seeking
					 Commission blaster certification or training an application form and
					 instructions for its completion.
(b) Completed application forms, including
					 required fees and any applicable supporting evidence or other attachments,
					 shall be received by the Director of the Surface Mining and Reclamation
					 Division in accordance with the following schedules:
(1) for certificate issuance, not less than
					 60 days before the date on which the applicant desires to take a previously
					 scheduled examination;
(2) for
					 certificate renewal, not less than 60 days before the expiration date of the
					 applicant's current certificate;
(3) for certificate reissuance, not less than
					 60 days before the date on which the applicant desires to take a previously
					 scheduled examination;
(4) for
					 certificate issuance or renewal under reciprocity, not less than 90 days before
					 the expiration date of the applicant's current certificate issued by another
					 qualified jurisdiction; or
(5) for
					 blaster training courses, not less than 30 days before the first day of a
					 course.
(6) for good cause shown by
					 an applicant, the Commission may consider a waiver of a time schedule required
					 by this subsection, upon the recommendation of the Director of the Surface
					 Mining and Reclamation Division.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter M - TRAINING › Division 1 - TRAINING, EXAMINATION, AND CERTIFICATION OF BLASTERS › Section 12.706 - Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) Each applicant
					 for the issuance or reissuance of a Commission Blaster Certificate shall pass a
					 written examination of the technical aspects of blasting operations and state
					 and federal laws and regulations governing the storage, use, and transportation
					 of explosives.
(1) The examination shall be
					 periodically scheduled and administered by the Surface Mining and Reclamation
					 Division, or by persons or agencies contracted to provide such services for the
					 Commission.
(2) The examination
					 shall, at a minimum, cover the topics specified in §
												RSA
					 12.704 of this title (relating to Training
					 Courses) and shall include:
(A) objective
					 questions;
(B) blasting log
					 problems; and
(C) initiation-system
					 and delay-sequence problems.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter M - TRAINING › Division 1 - TRAINING, EXAMINATION, AND CERTIFICATION OF BLASTERS › Section 12.707 - Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
					 shall issue a Commission Blaster Certificate to those applicants examined and
					 found to meet the requirements of §12.700, §§12.702-12.706, this
					 section, and §§
											RSA
					 12.708-RSA 12.710 of this
					 title (relating to Training, Examination, and Certification of Blasters) for
					 accepting responsibility for blasting operations in mining operations regulated
					 by the Commission. Blaster certifications shall expire as follows:
(1) certificate issuance--3 years after issue
					 date;
(2) certificate renewal--3
					 years after the expiration date of the certificate being renewed;
(3) certificate reissuance--3 years after
					 issue date;
(4) certificate
					 replacement--Same expiration date as certificate being replaced; and
(5) certificate issued under
					 reciprocity--Same expiration date as that of the qualified jurisdiction
					 certification for which reciprocity rights are granted by the
					 Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter M - TRAINING › Division 1 - TRAINING, EXAMINATION, AND CERTIFICATION OF BLASTERS › Section 12.708 - Recertification

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
					 may require the reexamination, training or other demonstration of competency
					 under §12.700, §§12.702-12.707, this section, and §§
											RSA 12.709
					 and
					 RSA
					 12.710 of this title (relating to Training,
					 Examination, and Certification of Blasters) upon a determination pursuant to an
					 investigation of a blasting or blasting-related violation involving a certified
					 blaster.
(b) The Commission may
					 exchange information with other qualified jurisdictions regarding the status of
					 blasters involved in any mining exploration or mining operation regulated by
					 the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter M - TRAINING › Division 1 - TRAINING, EXAMINATION, AND CERTIFICATION OF BLASTERS › Section 12.709 - Reciprocity

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
					 may grant a Commission Blaster Certificate to any qualified applicant who
					 demonstrates valid current blaster certification from another qualified
					 jurisdiction.
(b) Any person who
					 holds a valid Commission Blaster Certificate issued under reciprocity may
					 qualify for a subsequent certificate either through reciprocity or by meeting
					 the other applicable requirements of §12.700, §§12.702-12.708,
					 this section, and §
											RSA
					 12.710 of this title (relating to Training,
					 Examination, and Certification of Blasters).
(c) The conditions for maintaining
					 certification through reciprocity shall be the same as those set out in §
											RSA
					 12.707 of this title (relating to
					 Certification).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter M - TRAINING › Division 1 - TRAINING, EXAMINATION, AND CERTIFICATION OF BLASTERS › Section 12.710 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Not later than
					 180 days after the effective date of this section, §12.700, and
					 §§
											RSA
					 12.702-RSA 12.709 of this
					 title (relating to Training, Examination, and Certification of Blasters), each
					 person who is directly responsible for the use of explosives in mining
					 operations regulated by the Commission shall possess a valid Commission Blaster
					 Certificate as required by this chapter (relating to Coal Mining
					 Regulations).
(b) Upon the adoption
					 of this section, §12.700, and §§
											RSA
					 12.702-RSA 12.709 of this
					 title (relating to Training, Examination, and Certification of Blasters) by the
					 Commission, the Director of the Surface Mining and Reclamation Division shall
					 compile a listing from permittees of the names and qualifications of persons
					 directly responsible for the use of explosives in mining operations regulated
					 by the Commission. The purpose of the listing is to facilitate statewide
					 operator compliance with this section, §12.700, and §§
											RSA
					 12.702-RSA 12.709 of this
					 title (relating to Training, Examination, and Certification of
					 Blasters).
(c) The Director of the
					 Surface Mining and Reclamation Division is authorized to consider the
					 feasibility of making the services of this section, §§12.700, and
					 §§
											RSA
					 12.702-RSA 12.709 of this
					 title (relating to Training, Examination, and Certification of Blasters)
					 available at reasonable cost to other state agencies, municipalities, and
					 individuals and industries involved with the use of explosives.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.800 - Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
The Commission shall:
(1) participate in the Abandoned Mine Land
				  Reclamation Program through the establishment of the Texas Abandoned Mine
				  Program;
(2) establish the Texas
				  Abandoned Mine Reclamation Fund for use in conducting the Texas Abandoned Mine
				  Program; and
(3) request, receive
				  and administer grant monies for use in this program.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.802 - Texas Abandoned Mine Reclamation Fund

Current through Reg. 49, No. 28; July 12, 2024
Revenue to the Fund shall include:
(1) amounts granted to the state by OSMRE for
				  the purpose of conducting the Texas Abandoned Mine Reclamation Plan;
(2) moneys collected by the state from
				  charges for uses of land acquired or reclaimed with moneys from the
				  Fund;
(3) moneys recovered by the
				  state through the satisfaction of liens filed against privately owned lands
				  reclaimed with moneys from the Fund;
(4) moneys recovered by the state from the
				  sale of lands acquired with moneys from the Fund; and
(5) such other moneys as the state decides
				  should be deposited in the Fund for use in carrying out the Texas Abandoned
				  Mine Reclamation Program.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.803 - Eligible Coal Lands and Water

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Coal mined lands and associated waters shall be eligible for reclamation
				  activities if:
(1) they were mined for coal
				  or affected by coal mining processes;
(2) they were mined prior to August 3, 1977,
				  and left or abandoned in either an unreclaimed or inadequately reclaimed
				  condition;
(3) there is no
				  continuing responsibility for reclamation by the operator, permittee, or agent
				  of the permittee under statutes of the state or federal government, or the
				  state as a result of bond forfeiture. Bond forfeiture shall render lands or
				  water ineligible only if the amount forfeited is sufficient to pay the total
				  cost of the necessary reclamation. In cases where the forfeited bond is
				  insufficient to pay the total cost of reclamation, additional moneys from the
				  Texas Abandoned Mine Land Fund or any prior balance replacement funds may be
				  used.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.804 - Reclamation Objectives and Priorities

Current through Reg. 49, No. 28; July 12, 2024
(a) Reclamation projects should be
				  accomplished in accordance with OSMRE's "Final Guidelines for Reclamation
				  Programs and Projects" (66 Federal Register 31250, June 11, 2001).
(b) Reclamation project expenditures shall
				  reflect the priorities of Section 403(a) of the Federal Act in the order
				  stated:
(1) Priority 1: The protection of
				  public health, safety, and property from extreme danger of adverse effects of
				  coal mining practices, including the restoration of land and water resources
				  and the environment that:
(A) have been
				  degraded by the adverse effects of coal mining practices; and
(B) are adjacent to a site that has been or
				  will be addressed to protect the public health, safety, and property from
				  extreme danger of adverse effects of coal mining practices.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.805 - Water Supply Restoration

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Water supply restoration projects are those that protect, repair, replace,
				  construct, or enhance facilities related to water supplies, including water
				  distribution facilities and treatment plants that have been adversely affected
				  by coal mining practices. If the adverse effect on water supplies referred to
				  in this section occurred both prior to and after August 3, 1977, the project
				  shall remain eligible, notwithstanding the criteria specified in §
										RSA
				  12.803 of this title (relating to Eligible
				  Coal Lands and Water), if the Commission finds in writing, as part of its
				  eligibility opinion, that such adverse effects are due predominately to effects
				  of mining processes undertaken and abandoned prior to August 3, 1977.
(b) Enhancement of facilities or utilities
				  under this section shall include upgrading necessary to meet any local, state,
				  or federal public health or safety requirement. Enhancement shall not include
				  any service area expansion of a utility or facility not necessary to address a
				  specific abandoned mine land problem.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.806 - Limited Liability

Current through Reg. 49, No. 28; July 12, 2024
The Commission shall not be liable under any provision of
					 federal law for any costs or damages as a result of action taken or omitted in
					 the course of carrying out an approved Commission abandoned mine reclamation
					 plan. This section shall not preclude liability for costs or damages as a
					 result of gross negligence or intentional misconduct by the Commission. For
					 purposes of this section, reckless, willful, or wanton misconduct shall
					 constitute gross negligence or intentional misconduct.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.807 - Contractor Responsibility

Current through Reg. 49, No. 28; July 12, 2024
To receive abandoned mine land (AML) funds, every
					 successful bidder for an AML contract must be eligible under §
										RSA
					 12.215 of this title (relating to Review of
					 Permit Applications) at the time of contract award to receive a permit or
					 conditional permit to conduct surface coal mining operations. Bidder
					 eligibility must be confirmed by OSMRE's automated Applicant/Violator System
					 for each contract to be awarded.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.808 - Eligible Noncoal Lands and Water

Current through Reg. 49, No. 28; July 12, 2024
(a) Following certification by the Commission
				  of the completion of all known coal projects and the Director's concurrence in
				  such certification, eligible noncoal lands, waters, and facilities shall be
				  those:
(1) which were mined or processed for
				  minerals or which were affected by such mining or processing, and abandoned or
				  left in an inadequate reclamation status prior to August 3, 1977; and
(2) for which there is no continuing
				  reclamation responsibility under state or other federal
				  laws.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.809 - Reclamation Priorities for Noncoal Program

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies to reclamation
				  projects involving the restoration of lands and water adversely affected by
				  past mineral mining; projects involving the protection, repair, replacement,
				  construction, or enhancement of utilities (such as those relating to water
				  supply, roads, and other such facilities serving the public adversely affected
				  by mineral mining and processing practices); and the construction of public
				  facilities in communities impacted by coal or other mineral mining and
				  processing practices.
(b) Following
				  certification by the Commission of the completion of all known coal projects,
				  the projects and construction of public facilities identified in subsection (a)
				  of this section shall reflect the following priorities in the order stated:
(1) the protection of public health, safety,
				  general welfare, and property from the extreme danger of adverse effects of
				  mineral mining and processing practices;
(2) the protection of public health, safety,
				  and general welfare from the adverse effects of mineral mining and processing
				  practices; and
(3) the restoration
				  of land and water resources and the environment previously degraded by the
				  adverse effects of mineral mining and processing practices.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.810 - Exclusion of Certain Noncoal Reclamation Sites

Current through Reg. 49, No. 28; July 12, 2024
Money from the Fund shall not be used for the reclamation
					 of sites and areas designated for remedial action pursuant to the Uranium Mill
					 Tailings Radiation Control Act of 1978 (RSA
					 7901, et seq.) or that have been listed for
					 remedial action pursuant to the Comprehensive Environmental Response
					 Compensation and Liability Act of 1980 (RSA 9601,
					 et seq.).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.811 - Land Acquisition Authority - Noncoal

Current through Reg. 49, No. 28; July 12, 2024
The requirements specified in §§12.813, 12.814,
					 and 12.818 - 12.823 of this title (relating to Written Consent for Entry; Entry
					 and Consent to Reclaim; Entry for Emergency Reclamation; Land Eligible for
					 Acquisition; Procedures for Acquisition; Acceptance of Gifts of Land;
					 Management of Acquired Land; and Disposition of Reclaimed Lands, respectively)
					 shall apply to the Commission's noncoal program except that, for purposes of
					 this section, the references to coal shall not apply. In lieu of the term coal,
					 the word noncoal should be used.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.812 - Lien Requirements

Current through Reg. 49, No. 28; July 12, 2024
The lien requirements in §§
										RSA 12.815-
					 RSA
					 12.817 of this title (relating to Appraisals;
					 Liens; and Satisfaction of Liens, respectively), shall apply to the
					 Commission's noncoal reclamation program under §
										RSA
					 12.808 of this title (relating to Eligible
					 Noncoal Lands and Water), except that for purposes of this section, references
					 made to coal shall not apply. In lieu of the term coal, the word noncoal should
					 be used.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.813 - Written Consent for Entry

Current through Reg. 49, No. 28; July 12, 2024
Written consent from the owner of record and lessee, or
					 their authorized agents, is the preferred means for obtaining agreements to
					 enter lands in order to carry out reclamation activities. Nonconsensual entry
					 by exercise of the police power shall be undertaken only after reasonable
					 efforts have been made to obtain written consent.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.814 - Entry and Consent to Reclaim

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission , its agents, employees,
				  or contractors may enter land to perform reclamation activities or conduct
				  studies or exploratory work to determine the existence of the adverse effects
				  of past coal mining if consent from the owner is obtained pursuant to §
										RSA
				  12.813 of this title (relating to Written
				  Consent for Entry).
(b) The
				  Commission shall be entitled to enter any property to conduct studies or
				  exploratory work to determine:
(1) the
				  existence of adverse effects of past coal mining practices; and
(2) the feasibility of restoration,
				  reclamation, abatement, control, or prevention of those adverse
				  effects.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.815 - Appraisals

Current through Reg. 49, No. 28; July 12, 2024
(a) A notarized
				  appraisal of the fair market value of private land to be reclaimed shall be
				  obtained from an independent professional appraiser except as noted in
				  subsection (d) of this section. Such appraisal shall meet the quality of
				  appraisal practices found in the Uniform Appraisal Standards for Federal Land
				  Acquisitions. The appraisal shall be obtained before any reclamation activities
				  are started, unless the work must start without delay to abate an emergency.
				  The appraisal shall state the estimated fair market value of the land as
				  adversely affected by past mining and the estimated fair market value of the
				  property as reclaimed. Where an emergency exists the appraisal shall be
				  completed at the earliest practical time and before related nonemergency work
				  is commenced.
(b) An appraisal of
				  the fair market value of all land reclaimed shall be obtained after all
				  reclamation activities have been completed. The appraisal shall comply with
				  subsection (a) of this section and shall state the market value of the land
				  reclaimed.
(c) The landowner shall
				  receive a statement of the increase in market value, an itemized statement of
				  reclamation expenses, and notices that a lien will or will not be filed against
				  the property.
(d) Appraisals for
				  privately owned land described in §
										RSA 12.816 of
				  this title (relating to Liens) may be obtained from either an independent or
				  staff professional appraiser.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.816 - Liens

Current through Reg. 49, No. 28; July 12, 2024
(a) Not later than
				  six months after the date any projects to reclaim privately owned land are
				  completed, the Commission:
(1) shall itemize
				  the money spent; and
(2) may file a
				  statement of the money spent with the clerk of the county in which the land
				  lies, together with a notarized appraisal by an independent appraiser of the
				  value of the land before the restoration, reclamation, abatement, control, or
				  prevention of the adverse effects of past mining practices if the money spent
				  will result in a significant increase in property value. However, prior to the
				  time of the actual filing of a lien, the landowner shall be notified of the
				  amount of the proposed lien and shall be allowed a reasonable time to repay
				  that amount instead of allowing the lien to be filed against the property
				  involved.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.817 - Satisfaction of Liens

Current through Reg. 49, No. 28; July 12, 2024
(a) A lien placed
				  on private property shall be satisfied, to the extent of the value of the
				  consideration received, at the time of transfer of ownership. Any unsatisfied
				  portion shall remain as a lien on the property and shall be satisfied in
				  accordance with this section. Testate and intestate transfers are excluded from
				  this rule.
(b) The Commission shall
				  maintain or renew liens from time to time as may be required.
(c) Moneys derived from the satisfaction of
				  liens established under this subchapter (relating to Texas Abandoned Mine Land
				  Reclamation Program) shall be deposited in the Texas Abandoned Mine Reclamation
				  Fund.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.818 - Entry for Emergency Reclamation

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission may enter land where an
				  emergency exists and other land necessary to have access to that land to:
(1) restore, reclaim, abate, control, or
				  prevent the adverse effects of coal mining practices; and
(2) perform activities necessary or expedient
				  to protect the public health, safety, or general welfare.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.819 - Land Eligible for Acquisition

Current through Reg. 49, No. 28; July 12, 2024
(a) This state may acquire by purchase,
				  donation, or condemnation land that is adversely affected by past coal mining
				  practices if:
(1) it is in the public
				  interest; and
(2) the Commission
				  determines and makes written findings that:
(A) acquiring the land is necessary for
				  successful reclamation;
(B) the
				  acquired land, after restoration, reclamation, abatement, control, or
				  prevention of the adverse effects of past coal mining practices, will:
(i) serve recreational and historical
				  purposes;
(ii) serve conservation
				  and reclamation purposes; or
(iii)
				  provide open space benefits; and
(C) permanent facilities such as a treatment
				  plant or a relocated stream channel will be constructed on the land for the
				  restoration, reclamation, abatement, control, or prevention of the adverse
				  effects of past coal mining practices or public ownership is desirable to meet
				  emergency situations and prevent recurrences of the adverse effects of past
				  coal mining practices.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.820 - Procedures for Acquisition

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  appraisal of the fair market value of all land or interest in land to be
				  acquired shall be obtained by the Commission. The appraisal shall state the
				  fair market value of the land as adversely affected by past mining.
(b) When practical, acquisition shall be by
				  purchase from a willing seller. The amount paid for land or interests in land
				  acquired shall reflect the fair market value of the land or interests in land
				  as adversely affected by past mining.
(c) When necessary, land or interests in land
				  may be acquired by condemnation. Condemnation procedures shall not be started
				  until all reasonable efforts have been made to purchase the land or interests
				  in lands from a willing seller.
(d)
				  The Commission, when acquiring land under this title, shall comply with the
				  Uniform Relocation Assistance and Real Property Acquisition Policies Act of
				  1970,
				  RSA
				  4601 et seq., and 41 CFR Part
				  114-50.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.821 - Acceptance of Gifts of Land

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Commission under an approved reclamation plan may accept donations of title
				  to land or interests in land if the land proposed for donation meets the
				  requirements set out in §
										RSA
				  12.819 of this title (relating to Land
				  Eligible for Acquisition).
(b)
				  Offers to make a gift of land or interest in land to the Commission shall be in
				  writing and shall include:
(1) a statement of
				  the interest which is being offered;
(2) a legal description of the land and a
				  description of any improvements on it;
(3) a description of any limitations on the
				  title or conditions as to the use or disposition of the land existing or to be
				  imposed by the donor;
(4) a
				  statement that:
(A) the donor is the record
				  owner of the interest being offered;
(B) the interest offered is free and clear of
				  all encumbrances except as clearly stated in the offer;
(C) there are no adverse claims against the
				  interest offered;
(D) there are no
				  unredeemed tax deeds outstanding against the interest offered; and
(E) there is no continuing responsibility by
				  the operator under state or federal statutory law for reclamation;
				  and
(5) an itemization of
				  any unpaid taxes or assessments levied, assessed or due which could operate as
				  a lien on the interest offered.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.822 - Management of Acquired Land

Current through Reg. 49, No. 28; July 12, 2024
Land acquired under this subchapter may be used for any
					 lawful purpose that is consistent with the necessary reclamation activities.
					 Procedures for collection of user charges or the waiver of such charges by the
					 Commission shall provide that all user fees collected shall be deposited in the
					 Texas Abandoned Mine Reclamation Fund.