reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter J - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Division 3 - FORM, CONDITIONS, AND TERMS OF PERFORMANCE BOND AND LIABILITY INSURANCE › Section 12.309 - Terms and Conditions of the Bond

Current through Reg. 49, No. 28; July 12, 2024
(a) Amount of bond. The performance bond
					 shall be in an amount determined by the Commission as provided in §
											RSA
					 12.304 of this title (relating to
					 Determination of Bond Amount).
(b)
					 Payee. The performance bond shall be payable to the Commission.
(c) Performance requirement. The performance
					 bond shall be conditioned upon faithful performance of all of the requirements
					 of the Act, this chapter (relating to Coal Mining Regulations), and the
					 conditions of the permit.
(d) Time
					 period of bond. The duration of the bond shall be for the time period provided
					 in §
											RSA
					 12.306 of this title (relating to Period of
					 Liability).
(e) Bonding bank and
					 surety company requirements.
(1) The bond
					 shall provide a mechanism for a bond or surety company to give prompt notice to
					 the Commission and the permittee of any action filed alleging the insolvency or
					 bankruptcy of the surety company or the bank or alleging any violation which
					 would result in suspension or revocation of the surety or bank's charter or
					 license to do business; and
(2)
					 Upon the incapacity of a bank or surety company by reason of bankruptcy,
					 insolvency or suspension, or revocation of its charter or license, the
					 permittee shall be deemed to be without bond coverage. The Commission shall
					 issue a notice to any operator who is without bond coverage and shall specify a
					 reasonable period to replace bond coverage, not to exceed 90 days.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter J - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Division 3 - FORM, CONDITIONS, AND TERMS OF PERFORMANCE BOND AND LIABILITY INSURANCE › Section 12.310 - Replacement of Bonds

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
					 may allow permittees to replace existing bonds with other bonds if the
					 liability which has accrued against the permittee on the permit area is
					 transferred to such replacement bonds.
(b) The Commission shall not release existing
					 performance bonds until the permittee has submitted and the Commission has
					 approved acceptable replacement performance bonds. A replacement of performance
					 bonds pursuant to this section shall not constitute a release of bond under
					 §§
											RSA
					 12.312 and
					 RSA
					 12.313 of this title (relating to Procedures,
					 Criteria, and Schedule for Release of Performance Bond).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter J - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Division 3 - FORM, CONDITIONS, AND TERMS OF PERFORMANCE BOND AND LIABILITY INSURANCE › Section 12.311 - Terms and Conditions for Liability Insurance

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission shall require the
					 applicant to submit at the time of permit application, a certificate certifying
					 that the applicant has a public liability insurance policy in force for the
					 surface coal mining and reclamation operation for which the permit is sought.
					 The certificate shall provide for personal injury and property damage
					 protection in an amount adequate to compensate all persons injured or property
					 damaged as a result of surface coal mining and reclamation operations,
					 including use of explosives and damage to water wells, and entitled to
					 compensation under the applicable provisions of state law. Minimum insurance
					 coverage for bodily injury shall be $500,000 for each occurrence and $1,500,000
					 aggregate; and minimum insurance coverage for property damage shall be $500,000
					 for each occurrence and $1,000,000 aggregate.
(b) The policy shall be maintained in full
					 force during the life of the permit or any renewal thereof and until all
					 surface coal mining and reclamation operations under this chapter (relating to
					 Coal Mining Regulations) have been completed.
(c) The policy shall include a rider
					 requiring that the insurer notify the Commission whenever substantive changes
					 are made in the policy, including any termination or failure to
					 renew.
(d) The Commission may
					 accept from the applicant, in lieu of a certificate for a public liability
					 insurance policy, satisfactory evidence from the applicant that it satisfies
					 Texas self-insurance requirements and the requirements of this section. The
					 Commission may, upon the request of an applicant that is self-bonded or
					 determined to be eligible for self-bonding under §
											RSA
					 12.309<subdiv>(j)(2)</subdiv> of
					 this title (relating to Terms and Conditions of the Bond), consider such
					 applicant to meet the self-insurance requirements of this subsection.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter J - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Division 4 - PROCEDURES, CRITERIA, AND SCHEDULE FOR RELEASE OF PERFORMANCE BOND › Section 12.312 - Procedure for Seeking Release of Performance Bond

Current through Reg. 49, No. 28; July 12, 2024
(a) Bond release application.
(1) The permittee may file a request with the
					 Commission for the release of all or part of a performance bond or deposit.
					 Applications may be filed only at times or during seasons authorized by the
					 Commission in order to properly evaluate the completed reclamation operations.
					 The times or seasons appropriate for the evaluation of certain types of
					 reclamation shall be established in the regulatory program or identified in the
					 mining and reclamation plan required in Subchapter G of this chapter (relating
					 to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration
					 Procedures Systems) and approved by the Commission.
(2) Within 30 days after any application for
					 bond or deposit release has been filed with the Commission, the operator shall
					 submit a copy of an advertisement placed at least once a week for four
					 successive weeks in a newspaper of general circulation in the locality of the
					 surface coal mining operation. Such advertisement shall be considered part of
					 any bond release application and shall contain the permittee's name, a
					 notification of the precise location of the land affected, the number of acres,
					 the permit number and date approved, the amount of the bond filed and the
					 portion sought to be released, and the type and appropriate dates of
					 reclamation work performed, and a description of the results achieved as they
					 relate to the operator's approved reclamation plan, and the name and address of
					 the Commission office to which written comments, objections, or requests for
					 public hearings and informal conferences on the specific bond release may be
					 submitted pursuant to §
												RSA
					 12.313<subdiv>(d) and
					 (e)</subdiv> of this title (relating to Criteria
					 and Schedule for Release of Performance Bond). In addition, as part of any bond
					 release application, the permittee shall submit copies of letters which he or
					 she has sent to adjoining property owners, local governmental bodies, planning
					 agencies, sewage and water treatment authorities, and water companies in the
					 locality in which the surface coal mining and reclamation activities took
					 place, notifying them of the intention to seek release from the bond.
(3) The permittee shall include in the
					 application for bond release a notarized statement which certifies that all
					 applicable reclamation activities have been accomplished in accordance with the
					 requirements of the Act, the regulatory program, and the approved reclamation
					 plan. Such certification shall be submitted for each application or phase of
					 bond release.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter J - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Division 5 - PERFORMANCE BOND FORFEITURES CRITERIA AND PROCEDURES › Section 12.314 - Forfeiture of Bonds

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
					 may forfeit all or part of a bond for any permit area or an increment of a
					 permit area if reclamation operations are not conducted in accordance with the
					 reclamation plan or the operator defaults on the conditions under which the
					 bond was posted.
(b) The Commission
					 may withhold forfeiture if the permittee and surety, if any, agree to a
					 compliance schedule to comply with the violations of the permit or bond
					 conditions.
(c) The Commission may
					 allow the surety to complete the reclamation plan if the surety can demonstrate
					 the ability to complete the reclamation plan, including achievement of the
					 capability to support the alternative post-mining land use approved by the
					 Commission. No bond shall be released, except for partial releases authorized
					 under §
											RSA
					 12.313 of this title (relating to Criteria
					 and Schedule for Release of Performance Bond), until successful completion of
					 all reclamation under the terms of the permit, including applicable liability
					 periods of §
											RSA
					 12.306 of this title (relating to Period of
					 Liability).
(d) In the event
					 forfeiture of the bond is required by this section, the Commission shall:
(1) send written notification by certified
					 mail, return receipt requested, to the permittee and the surety on the bond, if
					 any, of the Commission's determination to forfeit all or part of the bond and
					 reasons for the forfeiture, including a finding of the amount to be
					 forfeited;
(2) advise the permittee
					 and surety, if applicable, of any rights of appeal that may be available from
					 the determination under state law;
(3) proceed in an action for collection on
					 the bond as provided by applicable laws for the collection of defaulted bonds
					 or other debts, consistent with this section, for the amount forfeited, if an
					 appeal is not filed within a time established by the Commission and a stay of
					 collection issued by the hearing authority or such appeal is unsuccessful;
					 and
(4) if an appeal is filed,
					 defend the action.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter J - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS › Division 5 - PERFORMANCE BOND FORFEITURES CRITERIA AND PROCEDURES › Section 12.317 - Determination of Forfeiture Amount

Current through Reg. 49, No. 28; July 12, 2024
The Commission shall forfeit the amount of the bond for
						which liability is outstanding and deposit the proceeds thereof in an
						interest-bearing escrow account for use in the payment of all costs and
						administrative expenses associated with the conduct of reclamation activities
						by the Commission.
(1) If the
					 estimated amount forfeited is insufficient to pay for the full cost of
					 reclamation, the operator shall be liable for remaining costs. The Commission
					 may complete, or authorize completion of, reclamation of the bonded area and
					 may recover from the operator all costs of reclamation in excess of the amount
					 forfeited.
(2) Funds forfeited,
					 including interest accrued, but not used to contract for completion of
					 reclamation work, as indicated in this section, shall be returned by the
					 Commission after reclamation operations have been completed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 1 - PERMANENT PROGRAM PERFORMANCE STANDARDS - COAL EXPLORATION › Section 12.325 - General Responsibility of Persons Conducting Coal Exploration

Current through Reg. 49, No. 28; July 12, 2024
(a) Each person who
					 conducts coal exploration which substantially disturbs the natural land surface
					 and in which 250 tons or less of coal are removed shall file the notice of
					 intention to explore required under §
											RSA
					 12.110 of this title (relating to General
					 Requirements: Exploration of Less Than 250 Tons) and shall comply with §
											RSA
					 12.327 of this title (relating to Performance
					 Standards for Coal Exploration).
(b) Each person who conducts coal exploration
					 which substantially disturbs the natural land surface and in which more than
					 250 tons of coal are removed in the area described by the written approval from
					 the Commission, shall comply with the procedures described in the exploration
					 and reclamation operations plan approved under §
											RSA
					 12.111 of this title (relating to General
					 Requirements: Exploration of More Than 250 Tons) and shall comply with §
											RSA
					 12.327 of this title (relating to Performance
					 Standards for Coal Exploration).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 1 - PERMANENT PROGRAM PERFORMANCE STANDARDS - COAL EXPLORATION › Section 12.326 - Required Documents

Current through Reg. 49, No. 28; July 12, 2024
Each person who conducts coal exploration which
						substantially disturbs the natural land surface and which removes more than 250
						tons of coal shall, while in the exploration area, possess written approval of
						the Commission for the activities granted under §
											RSA
						12.111 of this title §
											RSA
						12.111 of this title (relating to General
						Requirements: Exploration of More Than 250 Tons). The written approval shall be
						available for review by the authorized representative of the Commission or the
						Office upon request.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 1 - PERMANENT PROGRAM PERFORMANCE STANDARDS - COAL EXPLORATION › Section 12.327 - Performance Standards for Coal Exploration

Current through Reg. 49, No. 28; July 12, 2024
(a) Habitats of unique or unusually high
					 value for fish, wildlife, and other related environmental values and critical
					 habitats of threatened or endangered species identified pursuant to the
					 Endangered Species Act of 1973 (RSA
					 1531 et seq.) shall not be disturbed during
					 coal exploration.
(b) The person
					 who conducts coal exploration shall, to the extent practicable, measure
					 important environmental characteristics of the exploration area during the
					 operations, to minimize environmental damage to the area and to provide
					 supportive information for any permit application that person may submit under
					 Subchapter G of this chapter (relating to Surface Coal Mining and Reclamation
					 Operations Permits and Coal Exploration Procedures Systems).
(c) All roads or other transportation
					 facilities used for coal exploration shall comply with the applicable
					 provisions of §§12.400(b)-(f), 12.402, and 12.403 of this title
					 (relating to Roads: General, to Utility Installations, and to Support
					 Facilities).
(d) If excavations,
					 artificial flat areas, or embankments are created during exploration, these
					 areas shall be returned to the approximate original contour promptly after such
					 features are no longer needed for coal exploration.
(e) Topsoil shall be removed, stored, and
					 redistributed on disturbed areas as necessary to assure successful revegetation
					 or as required by the Commission.
(f) Revegetation of areas disturbed by coal
					 exploration shall be performed by the person who conducts the exploration, or
					 his or her agent. All areas disturbed by coal exploration activities shall be
					 revegetated in compliance with the plan approved by the Commission and carried
					 out in a manner that encourages prompt vegetative cover and recovery of
					 productivity levels compatible with approved post-exploration land use and in
					 accordance with the following:
(1) all
					 disturbed lands shall be seeded or planted to the same seasonal variety native
					 to the disturbed area. If both the pre-exploration and post-exploration land
					 uses are intensive agriculture, planting of the crops normally grown will meet
					 the requirements of this subsection; and
(2) the vegetative cover shall be capable of
					 stabilizing the soil surface in regards to erosion.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 1 - PERMANENT PROGRAM PERFORMANCE STANDARDS - COAL EXPLORATION › Section 12.328 - Requirement for a Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person
					 who extracts coal for commercial use or sale during coal exploration operations
					 must first obtain a permit to conduct surface coal mining operations for those
					 operations from the Commission under Subchapter G of this chapter (relating to
					 Surface Coal Mining and Reclamation Operations Permits and Coal Exploration
					 Procedures Systems).
(b) With the
					 prior written approval of the Commission, no permit to conduct surface coal
					 mining operations is required for the sale or commercial use of coal extracted
					 during exploration operations if such sale or commercial use is for coal
					 testing purposes only. The person conducting the exploration shall file an
					 application for such approval with the Commission. The application shall
					 demonstrate that the coal testing is necessary for the development of a surface
					 coal mining and reclamation operation for which a surface coal mining
					 operations permit application is to be submitted in the near future, and that
					 the proposed commercial use or sale of coal extracted during exploration
					 operations is solely for the purpose of testing the coal. The application shall
					 contain the following:
(1) the name of the
					 testing firm and the locations at which the coal will be tested.
(2) if the coal will be sold directly to, or
					 commercially used directly by, the intended end user, a statement from the
					 intended end user, or if the coal is sold indirectly to the intended end user
					 through an agent or broker, a statement from the agent or broker. The statement
					 shall include:
(A) the specific reason for
					 the test, including why the coal may be so different from the intended user's
					 other coal supplies as to require testing;
(B) the amount of coal necessary for the test
					 and why a lesser amount is not sufficient; and
(C) a description of the specific tests that
					 will be conducted.
(3)
					 evidence that sufficient reserves of coal are available to the person
					 conducting exploration or its principals for future commercial use or sale to
					 the intended end user, or agent or broker of such user identified above, to
					 demonstrate that the amount of coal to be removed is not the total reserve, but
					 is a sampling of a larger reserve.
(4) an explanation as to why other means of
					 exploration, such as core drilling, are not adequate to determine the quality
					 of the coal and/or the feasibility of developing a surface coal mining
					 operation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.330 - Signs and Markers

Current through Reg. 49, No. 28; July 12, 2024
(a) Specifications.
					 Signs and markers required under this section and §§
											RSA
					 12.331-RSA 12.403 of
					 this title (relating to Permanent Program Performance Standards--Surface Mining
					 Activities) shall:
(1) be posted and
					 maintained by the person who conducts the surface mining activities;
(2) be of a uniform design throughout the
					 operation that can be easily seen and read;
(3) be made of durable material;
					 and
(4) conform to local ordinances
					 and codes.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.331 - Casing and Sealing of Drilled Holes: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
Each exploration hole, other drill hole or borehole,
						well, or other exposed underground opening shall be cased, sealed, or otherwise
						managed, as approved by the Commission, to prevent acid or other toxic drainage
						from entering ground or surface waters, to minimize disturbance to the
						prevailing hydrologic balance, and to ensure the safety of people, livestock,
						fish and wildlife, and machinery in the permit area and adjacent area. If these
						openings are uncovered or exposed by surface mining activities within the
						permit area they shall be permanently closed, unless approved for water
						monitoring, or otherwise managed in a manner approved by the Commission. Use of
						a drilled hole or borehole or monitoring well as a water well must meet the
						provisions of §
											RSA
						12.351 of this title (relating to Hydrologic
						Balance: Transfer of Wells). This section does not apply to holes solely
						drilled and used for blasting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.332 - Casing and Sealing of Drilled Holes: Temporary

Current through Reg. 49, No. 28; July 12, 2024
Each exploration hole, other drill hole or borehole,
						well, and other exposed underground opening which has been identified in the
						approved permit application for use to return coal processing waste or water to
						underground workings, or to be used to monitor ground-water conditions, shall
						be temporarily sealed before use and protected during use by barricades,
						fences, or other protective devices approved by the Commission. These devices
						shall be periodically inspected and maintained in good operating condition by
						the person who conducts the surface mining activities.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.333 - Casing and Sealing of Drilled Holes: Permanent

Current through Reg. 49, No. 28; July 12, 2024
When no longer needed for monitoring or other use
						approved by the Commission upon a finding of no adverse environmental or health
						and safety effect, or unless approved for transfer as a water well under §
											RSA
						12.351 of this title (relating to Hydrologic
						Balance: Transfer of Wells), each exploration hole, other drilled hole or
						borehole, well, and other exposed underground opening shall be capped, sealed,
						backfilled, or otherwise properly managed, as required by the Commission, under
						§
											RSA
						12.331 of this title (relating to Casing and
						Sealing of Drilled Holes: General Requirements) and consistent with
						RSA 75.1711.
						Permanent closure measures shall be designed to prevent access to the mine
						workings by people, livestock, fish and wildlife, and machinery, and to keep
						acid or other toxic drainage from entering ground or surface
						waters.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.334 - Topsoil: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Before disturbance of an area, topsoil and subsoils to be saved under §
											RSA
					 12.335 of this title (relating to Topsoil:
					 Removal) shall be separately removed and segregated from other
					 material.
(b) After removal,
					 topsoil shall either be immediately redistributed as required under §
											RSA
					 12.337 of this title (relating to Topsoil:
					 Redistribution) or stockpiled pending redistribution as required under §
											RSA
					 12.336 of this title (relating to Topsoil:
					 Storage).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.336 - Topsoil: Storage

Current through Reg. 49, No. 28; July 12, 2024
(a) Topsoil and
					 other materials removed under §
											RSA
					 12.335 of this title (relating to Topsoil:
					 Removal) shall be stockpiled only when it is impractical to promptly
					 redistribute such materials on regraded areas.
(b) Stockpiled materials shall be selectively
					 placed on a stable area within the permit area, not disturbed, and protected
					 from wind and water erosion, unnecessary compaction, and contaminants which
					 lessen the capability of the materials to support vegetation when
					 redistributed.
(1) Protection measures shall
					 be accomplished either by:
(A) an effective
					 cover of non-noxious, quick-growing annual and perennial plants, seeded or
					 planted during the first normal period after removal for favorable planting
					 conditions; or
(B) other methods
					 demonstrated to and approved by the Commission to provide equal
					 protection.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.337 - Topsoil: Redistribution

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 After final grading and before the replacement of topsoil, topsoil substitutes,
					 and other materials segregated in accordance with §
											RSA
					 12.335 of this title (relating to Topsoil:
					 Removal), regraded land shall be scarified or otherwise treated as required by
					 the Commission to eliminate slippage surfaces and to promote root penetration.
					 If the person who conducts the surface mining activities shows, through
					 appropriate tests, and the Commission approves, that no harm will be caused to
					 the topsoil and vegetation, scarification may be conducted after
					 topsoiling.
(b) Topsoil material,
					 and topsoil substitutes, and other supplements shall be redistributed in a
					 manner that:
(1) achieves an approximate
					 uniform, stable thickness consistent with the approved postmining land uses,
					 contours, and surface water drainage system. Soil thickness may also be varied
					 to the extent that such variations help meet the specific revegetation goals
					 identified in the permit;
(2)
					 prevents excess compaction of the topsoil, topsoil substitutes, and
					 supplements; and
(3) protects the
					 topsoil, topsoil substitutes, and supplements from wind and water erosion
					 before and after it is seeded and planted.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.338 - Topsoil: Nutrients and Soil Amendments

Current through Reg. 49, No. 28; July 12, 2024
Nutrients and soil amendments in the amounts determined
						by soil tests shall be applied to the redistributed surface soil layer, so that
						it supports the approved postmining land use and meets the revegetation
						requirements of §§
											RSA
						12.390-RSA
						12.393 and
						RSA
						12.395 of this title (relating to
						Revegetation: General Requirements, to Revegetation: Use of Introduced Species,
						to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing
						Practices, and to Revegetation: Standards for Success). All soil tests shall be
						performed by a qualified laboratory using standard methods approved by the
						Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.340 - Hydrologic Balance: Water-Quality Standards and Effluent Limitations

Current through Reg. 49, No. 28; July 12, 2024
Discharge of water from areas disturbed by surface mining
						activities shall be made in compliance with all applicable state and federal
						water-quality laws and regulations and with the effluent limitations for coal
						mining promulgated by the U.S. Environmental Protection Agency set forth in
						RSA
						434.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.343 - Hydrologic Balance: Sediment Control Measures

Current through Reg. 49, No. 28; July 12, 2024
(a) Appropriate sediment control measures
					 shall be designed, constructed, and maintained using the best technology
					 currently available to:
(1) prevent, to the
					 extent possible, additional contributions of sediment to streamflow or to
					 runoff outside the permit area;
(2)
					 meet the more stringent of applicable state or federal effluent limitations;
					 and
(3) minimize erosion to the
					 extent possible.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.344 - Hydrologic Balance: Siltation Structures

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope. For the purposes of this section
					 only, disturbed areas shall not include those areas:
(1) in which the only surface mining
					 activities include diversion ditches, siltation structures, or roads that are
					 designed, constructed and maintained in accordance with
					 §§12.330-12.343, this section, and §§
												RSA
					 12.345-RSA 12.403 of
					 this title (relating to Permanent Program Performance Standards--Surface Mining
					 Activities); and
(2) for which the
					 upstream area is not otherwise disturbed by the operator.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.345 - Hydrologic Balance: Discharge Structures

Current through Reg. 49, No. 28; July 12, 2024
Drainage from sedimentation ponds, permanent and
						temporary impoundments, coal processing waste dams and embankments, and
						diversions shall be controlled by energy dissipators, riprap channels, and
						other devices, where necessary, to reduce erosion, to prevent deepening or
						enlargement of stream channels, and to minimize disturbance of the hydrologic
						balance. Discharge structures shall be designed according to standard
						engineering-design procedures.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.346 - Hydrologic Balance: Acid-Forming and Toxic-Forming Spoil

Current through Reg. 49, No. 28; July 12, 2024
Drainage from acid-forming and toxic-forming spoil into
						ground and surface waters shall be avoided by:
(1) identifying, burying, and treating where
					 necessary, spoil which, in the judgment of the Commission, may be detrimental
					 to vegetation or may adversely affect water quality if not treated or
					 buried;
(2) preventing water from
					 coming into contact with acid-forming and toxic-forming spoil in accordance
					 with §
											RSA
					 12.386 of this title (relating to Backfilling
					 and Grading: Covering Coal and Acid- and Toxic-Forming Materials), and other
					 measures as required by the Commission; and
(3) burying or otherwise treating all
					 acid-forming or toxic-forming spoil within 30 days after it is first exposed on
					 the mine site, or within a lesser period required by the Commission. Temporary
					 storage of the spoil may be approved by the Commission upon a finding that
					 burial or treatment within 30 days is not feasible and will not result in any
					 material risk of water pollution or other environmental damage. Storage shall
					 be limited to the period until burial or treatment first becomes feasible.
					 Acid-forming or toxic-forming spoil to be stored shall be placed on impermeable
					 material and protected from erosion and contact with surface water.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.348 - Hydrologic Balance: Ground-Water Protection

Current through Reg. 49, No. 28; July 12, 2024
In order to protect the hydrologic balance, surface
						mining activities shall be conducted according to the plan approved under
						§
											RSA
						12.146 of this title (relating to Reclamation
						Plan: Protection of Hydrologic Balance) and the following:
(1) ground-water quality shall be protected
					 by handling earth materials and runoff in a manner that minimizes acidic,
					 toxic, or other harmful infiltration to ground-water systems and by managing
					 excavations and other disturbances to prevent or control the discharge of
					 pollutants into the ground water; and
(2) ground-water quantity shall be protected
					 by handling earth materials and runoff in a manner that will restore the
					 approximate premining recharge capacity of the reclaimed area as a whole,
					 excluding coal mine waste disposal areas and fills, so as to allow the movement
					 of water to the ground-water system.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.349 - Hydrologic Balance: Surface-Water Protection

Current through Reg. 49, No. 28; July 12, 2024
In order to protect the hydrologic balance, surface
						mining activities shall be conducted according to the plan approved under
						§
											RSA
						12.146 of this title (relating to Reclamation
						Plan: Protection of Hydrologic Balance) and the following:
(1) surface-water quality shall be protected
					 by handling earth materials, ground-water discharges, and runoff in a manner
					 that minimizes the formation of acidic or toxic drainage; prevents, to the
					 extent possible using the best technology currently available, additional
					 contribution of suspended solids to streamflow outside the permit area; and
					 otherwise prevents water pollution. If drainage control, restabilization and
					 revegetation of disturbed areas, diversion of runoff, mulching, or other
					 reclamation and remedial practices are not adequate to meet the requirements of
					 §
											RSA
					 12.340 of this title (relating to Hydrologic
					 Balance: Water-Quality Standards and Effluent Limitations), the operator shall
					 use and maintain the necessary water-treatment facilities or water controls;
					 and
(2) surface-water quality and
					 flow rates shall be protected by handling earth materials and runoff in
					 accordance with the steps outlined in the plan approved under §
											RSA
					 12.146 of this title (relating to Reclamation
					 Plan: Protection of Hydrologic Balance).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.350 - Hydrologic Balance: Surface and Ground-Water Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) Ground water.
(1) Ground-water monitoring shall be
					 conducted according to the ground-water monitoring plan approved under §
												RSA
					 12.146<subdiv>(b)</subdiv> of
					 this title (relating to Reclamation Plan: Protection of Hydrologic Balance).
					 The Commission may require additional monitoring when necessary.
(2) Ground-water monitoring data shall be
					 submitted every three months to the Commission or more frequently as prescribed
					 by the Commission. Monitoring reports shall include analytical results from
					 each sample taken during the reporting period. When the analysis of any
					 ground-water sample indicates noncompliance with the permit conditions, then
					 the operator shall promptly notify the Commission and immediately take the
					 action provided for in §
												RSA
					 12.221<subdiv>(a)</subdiv> and
					 §
												RSA
					 12.146<subdiv>(a)</subdiv> of
					 this title (relating to Conditions of Permits: Environment, Public Health, and
					 Safety, and to Reclamation Plan: Protection of Hydrologic Balance).
(3) Ground-water monitoring shall proceed
					 through mining and continue during reclamation until bond release. Consistent
					 with the procedures of §§ 12.206-RSA
					 12.221 of this title (relating to Review,
					 Public Participation, and Approval of Permit Applications and Permit Terms and
					 Conditions), the Commission may modify the monitoring requirements, including
					 the parameters covered and the sampling frequency, if the operator
					 demonstrates, using the monitoring data obtained under this section, that:
(A) the operation has minimized disturbance
					 to the hydrologic balance in the permit and adjacent areas and prevented
					 material damage to the hydrologic balance outside the permit area; water
					 quantity and quality are suitable to support approved postmining land uses; and
					 the water rights of other users have been protected or replaced; or
(B) monitoring is no longer necessary to
					 achieve the purposes set forth in the monitoring plan approved under §
													RSA
					 12.146<subdiv>(b)</subdiv> of
					 this title (relating to Reclamation Plan: Protection of Hydrologic
					 Balance).
(4) Equipment,
					 structures, and other devices used in conjunction with monitoring the quality
					 and quantity of ground water onsite and offsite shall be properly installed,
					 maintained, and operated and shall be removed when no longer needed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.351 - Hydrologic Balance: Transfer of Wells

Current through Reg. 49, No. 28; July 12, 2024
(a) An exploratory or monitoring well may
					 only be transferred by the person who conducts surface mining activities for
					 further use as a water well with the prior approval of the Commission. That
					 person and the surface owner of the lands where the well is located shall
					 jointly submit a written request to the Commission for that approval.
(b) Upon an approved transfer of a well, the
					 transferee shall:
(1) assume primary
					 liability for damages to persons or property from the well;
(2) plug the well when necessary, but in no
					 case later than abandonment of the well; and
(3) assume primary responsibility for
					 compliance with §§
												RSA
					 12.331-RSA
					 12.333 of this title (relating to Casing and
					 Sealing of Drilled Holes: General Requirements, to Casing and Sealing of
					 Drilled Holes: Temporary, and to Casing and Sealing of Drilled Holes:
					 Permanent) with respect to the well.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.352 - Hydrologic Balance: Water Rights and Replacement

Current through Reg. 49, No. 28; July 12, 2024
Any person who conducts surface mining activities shall
						replace the water supply of an owner of interest in real property who obtains
						all or part of his or her supply of water for domestic, agricultural,
						industrial, or other legitimate use from an underground or surface source,
						where the water supply has been adversely impacted by contamination,
						diminution, or interruption proximately resulting from the surface mining
						activities. Baseline hydrologic information required in §§
											RSA
						12.126,
						RSA
						12.130, and
						RSA
						12.146 of this title (relating to Description
						of Hydrology and Geology: General Requirements, to Alternative Water Supply
						Information, and to Reclamation Plan: Protection of Hydrologic Balance) shall
						be used to determine the extent of the impact of mining upon ground water and
						surface water.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.353 - Hydrologic Balance: Discharge of Water into an Underground Mine

Current through Reg. 49, No. 28; July 12, 2024
Surface water shall not be diverted or otherwise
						discharged into underground mine workings, unless the person who conducts the
						surface mining activities demonstrates to the Commission that the discharge
						will:
(1) abate water pollution or
					 otherwise eliminate public hazards resulting from surface mining
					 activities;
(2) be discharged as a
					 controlled flow, meeting the effluent limitations referenced in §
											RSA
					 12.340 of this title (relating to Hydrologic
					 Balance: Water-Quality Standards and Effluent Limitations) for pH and total
					 suspended solids, except that the pH and total suspended solid limitations may
					 be exceeded, if approved by the Commission, and the discharge is limited to:
(A) coal processing waste;
(B) fly ash from a coal-fired
					 facility;
(C) sludge from an acid
					 mine drainage treatment facility;
(D) flue-gas desulfurization
					 sludge;
(E) inert materials used
					 for stabilizing underground mines; or
(F) underground mine development
					 wastes;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.354 - Hydrologic Balance: Postmining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities

Current through Reg. 49, No. 28; July 12, 2024
Before abandoning the permit area, the person who
						conducts the surface mining activities shall renovate all permanent
						sedimentation ponds, diversions, impoundments, and treatment facilities to meet
						criteria specified in the detailed design plans for the permanent structures
						and impoundments.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.355 - Hydrologic Balance: Stream Buffer Zones

Current through Reg. 49, No. 28; July 12, 2024
(a) No land within 100 feet of a perennial
					 stream or an intermittent stream shall be disturbed by surface mining
					 activities, unless the Commission specifically authorizes surface mining
					 activities closer to, or through, such a stream. The Commission may authorize
					 such activities only upon finding that:
(1)
					 surface mining activities will not cause or contribute to the violation of
					 applicable state or federal water-quality standards, and will not adversely
					 affect the water quantity and quality or other environmental resources of the
					 stream; and
(2) if there will be a
					 temporary or permanent stream-channel diversion, it will comply with §
												RSA
					 12.341 of this title (relating to Hydrologic
					 Balance: Diversions).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.356 - Coal Recovery

Current through Reg. 49, No. 28; July 12, 2024
Surface mining activities shall be conducted so as to
						maximize the utilization and conservation of the coal, while utilizing the best
						appropriate technology currently available to maintain environmental integrity,
						so that reaffecting the land in the future through surface coal mining
						operations is minimized.