reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.393 - Revegetation: Mulching and Other Soil Stabilizing Practices

Current through Reg. 49, No. 28; July 12, 2024
(a) Suitable mulch and other soil stabilizing
					 practices shall be used on all regraded and topsoiled areas to control erosion,
					 promote germination of seeds, or increase the moisture retention capacity of
					 the soil. The Commission may, on a case-by-case basis, suspend the requirement
					 for mulch, if the permittee can demonstrate that alternative procedures will
					 achieve the requirements of §
											RSA
					 12.395 of this title (relating to
					 Revegetation: Standards for Success) and do not cause or contribute to air or
					 water pollution.
(b) When required
					 by the Commission, mulches shall be mechanically or chemically anchored to the
					 soil surface to assure effective protection of the soil and
					 vegetation.
(c) Annual grasses and
					 grains may be used alone, as in situ mulch, or in conjunction with another
					 mulch, when the Commission determines that they will provide adequate soil
					 erosion control and will later be replaced by perennial species approved for
					 the postmining land use.
(d)
					 Chemical soil stabilizers alone, or in combination with appropriate mulches,
					 may be used in conjunction with vegetative covers approved for the postmining
					 land use.
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 12.395 - Revegetation: Standards for Success

Current through Reg. 49, No. 28; July 12, 2024
(a) Comparison to an established standard.
					 Success of revegetation shall be judged on the effectiveness of the vegetation
					 for the approved postmining land use, the extent of cover compared to the cover
					 occurring in natural vegetation of the area, and the general requirements of
					 §
											RSA
					 12.390 and §
											RSA
					 12.391 of this title (relating to
					 Revegetation: General Requirements; and Revegetation: Use of Introduced
					 Species).
(1) Standards for success and
					 statistically valid sampling techniques for measuring success shall be selected
					 by the Commission, described in writing, and made available to the
					 public.
(2) Standards for success
					 shall include criteria representative of unmined lands in the area being
					 reclaimed to evaluate the appropriate vegetation parameters of ground cover,
					 production, or stocking. Ground cover, production, or stocking shall be
					 considered equal to the approved success standard when they are not less than
					 90% of the success standard. The sampling techniques for measuring success
					 shall use a 90% statistical confidence interval (i.e., one-sided test with a
					 0.10 alpha error).
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 12.397 - Cessation of Operations: Temporary

Current through Reg. 49, No. 28; July 12, 2024
(a) Each person who conducts surface mining
					 activities shall effectively secure surface facilities in areas in which there
					 are no current operations, but in which operations are to be resumed under an
					 approved permit. Temporary abandonment shall not relieve a person of their
					 obligation to comply with any provisions of the approved permit.
(b) Before temporary cessation of mining and
					 reclamation operations for a period of thirty days or more, or as soon as it is
					 known that a temporary cessation will extend beyond 30 days, persons who
					 conduct surface mining activities shall submit to the Commission a notice of
					 intention to cease or abandon mining and reclamation operations. This notice
					 shall include a statement of the exact number of acres which will have been
					 affected in the permit area, prior to such temporary cessation, the extent and
					 kind of reclamation of those areas which will have been accomplished and
					 identification of the backfilling, regrading, revegetation, environmental
					 monitoring, and water treatment activities that will continue during the
					 temporary cessation.
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 12.398 - Cessation of Operations: Permanent

Current through Reg. 49, No. 28; July 12, 2024
(a) Persons who cease surface mining
					 activities permanently shall close or backfill or otherwise permanently reclaim
					 all affected areas, in accordance with this chapter (relating to Coal Mining
					 Regulations) and the permit approved by the Commission.
(b) All underground openings, equipment,
					 structures, or other facilities not required for monitoring, unless approved by
					 the Commission as suitable for the postmining land use or environmental
					 monitoring, shall be removed and the affected land reclaimed.
(c) Persons who conduct surface mining
					 activities shall submit to the Commission a written notice of intent to
					 permanently cease and abandon mining operations as soon as the intent is
					 finalized.
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 12.399 - Postmining Land Use

Current through Reg. 49, No. 28; July 12, 2024
(a) General. All
					 affected areas shall be restored in a timely manner:
(1) to conditions that are capable of
					 supporting the uses which they were capable of supporting before any mining;
					 or
(2) to higher or better uses
					 achievable under criteria and procedures of this section.
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 12.400 - Roads: General

Current through Reg. 49, No. 28; July 12, 2024
(a) Road
					 classification system.
(1) Each road, as
					 defined in §
												RSA 12.3
					 of this title (relating to Definitions), shall be classified as either a
					 primary road or an ancillary road.
(2) A primary road is any road which is:
(A) used for transporting coal or
					 spoil;
(B) frequently used for
					 access or other purposes for a period in excess of six months; or
(C) to be retained for an approved postmining
					 land use.
(3) An
					 ancillary road is any road not classified as a primary road.
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 12.401 - Primary Roads

Current through Reg. 49, No. 28; July 12, 2024
Primary roads shall meet the requirements of §12.400
						of this title (relating to Roads: General) and the additional requirements of
						this section.
(1) Certification. The
					 construction or reconstruction of primary roads shall be certified in a report
					 to the Commission by a qualified professional engineer. The report shall
					 indicate that the primary road has been constructed or reconstructed as
					 designed and in accordance with the approved plan.
(2) Safety Factor. Each primary road
					 embankment shall have a minimum static factor of 1.3.
(3) Location.
(A) To minimize erosion, a primary road shall
					 be located, insofar as is practicable, on the most stable available
					 surface;
(B) Fords of perennial or
					 intermittent streams by primary roads are prohibited unless they are
					 specifically approved by the Commission as temporary routes during periods of
					 road construction.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.402 - Utility Installations

Current through Reg. 49, No. 28; July 12, 2024
All surface coal mining operations shall be conducted in
						a manner which minimizes damage, destruction, or disruption of services
						provided by oil, gas, and water wells; oil, gas, and coal-slurry pipelines;
						railroads; electric and telephone lines; and water and sewage lines which pass
						over, under, or through the permit area, unless otherwise approved by the owner
						of those facilities and 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 12.403 - Support Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Support
					 facilities shall be operated in accordance with a permit issued for the mine or
					 coal preparation operation to which it is incident or from which its operation
					 results.
(b) In addition to the
					 other provisions of §§
											RSA
					 12.330-RSA 12.402
					 of this title (relating to Permanent Program Performance Standards--Surface
					 Mining Activities), support facilities shall be located, maintained, and used
					 in a manner that:
(1) prevents or controls
					 erosion and siltation, water pollution, and damage to public or private
					 property; and
(2) to the extent
					 possible using the best technology currently available:
(A) minimizes damage to fish, wildlife, and
					 related environmental values; and
(B) minimizes additional contributions of
					 suspended solids to streamflow or runoff outside the permit area. Any such
					 contributions shall not be in excess of limitations of state or federal
					 law.
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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.500 - Signs and Markers

Current through Reg. 49, No. 28; July 12, 2024
(a) Specifications.
					 Signs and markers required under this section and §§
											RSA
					 12.501-RSA 12.572 of
					 this title (relating to Permanent Program Performance Standards--Underground
					 Mining Activities) shall:
(1) be posted,
					 maintained, and removed by the person who conducts the underground mining
					 activities;
(2) be of a uniform
					 design throughout the activities that can be easily seen and read;
(3) be made of durable material;
					 and
(4) conform to local laws and
					 regulations.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.501 - Casing and Sealing of Exposed Underground Openings: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
Each exploration hole, other drill hole or borehole,
						shaft, well, or other exposed underground opening shall be cased, lined, or
						otherwise managed as approved by the Commission to prevent acid or other toxic
						drainage from entering ground and 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 mine-plan and adjacent area.
						Each exploration hole, drill hole, or borehole or well that is uncovered or
						exposed by mining activities within the permit area 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 monitoring well as a water
						well must meet the provisions of §
											RSA
						12.520 of this title (relating to Hydrologic
						Balance: Transfer of Wells). This section does not apply to holes drilled and
						used for blasting in the area affected by surface operations.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.502 - Casing and Sealing of Underground Openings: Temporary

Current through Reg. 49, No. 28; July 12, 2024
(a) Each mine entry which is temporarily
					 inactive, but has a further projected useful service under the approved permit
					 application, shall be protected by barricades or other covering devices,
					 fenced, and posted with signs, to prevent access into the entry and to identify
					 the hazardous nature of the opening. These devices shall be periodically
					 inspected and maintained in good operating condition by the person who conducts
					 the underground mining activities.
(b) Each exploration hole, other drill hole
					 or borehole, shaft, well, and other exposed underground opening which has been
					 identified in the approved permit application for use to return underground
					 development waste, coal processing waste or water to underground workings, or
					 to be used to monitor ground-water conditions, shall be temporarily sealed
					 until actual use.
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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.503 - Casing and Sealing of Underground Openings: 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 effects, or unless approved for transfer as a water well under
						§
											RSA
						12.520 of this title (relating to Hydrologic
						Balance: Transfer of Wells), each shaft, drift, adit, tunnel, exploratory hole,
						entryway or other opening to the surface from underground shall be capped,
						sealed, backfilled, or otherwise properly managed, as required by the
						Commission in accordance with §§
											RSA
						12.501 and
						RSA
						12.518 of this title (relating to Casing and
						Sealing of Underground Openings: General Requirements, and to Hydrologic
						Balance: Underground Mine Entry and Access Discharges) 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, 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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.504 - Topsoil: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Before disturbance of areas affected by surface operations, topsoil and
					 subsoils to be saved under §
											RSA
					 12.505 of this title (relating to Topsoil:
					 Removal) shall be separately removed and segregated from other
					 material.
(b) After removal,
					 topsoil shall be immediately redistributed in accordance with §
											RSA
					 12.507 of this title (relating to Topsoil:
					 Redistribution), stockpiled pending redistribution under §
											RSA
					 12.506 of this title (relating to Topsoil:
					 Storage), or if the permittee can demonstrate that an alternative procedure
					 will provide equal or more protection for the topsoil, the Commission, may, on
					 a case-by-case basis, approve an alternative.
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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.506 - Topsoil: Storage

Current through Reg. 49, No. 28; July 12, 2024
(a) Topsoil and
					 other materials removed under §
											RSA
					 12.505 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 surface 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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.507 - Topsoil: Redistribution

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 After final grading and before the replacement of topsoil and other materials
					 segregated in accordance with §
											RSA
					 12.505 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 underground 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 and other
					 materials shall be redistributed in a manner that:
(1) achieves an approximate uniform, stable
					 thickness consistent with the postmining land uses, slopes, and
					 surface-drainage system;
(2)
					 prevents excess compaction of the topsoil; and
(3) protects the topsoil 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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.508 - 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 postmining land use approved by the Commission and meets the
						revegetation requirements of §§
											RSA
						12.555-RSA
						12.560 of this title (relating to
						Revegetation: General Requirements, to Revegetation: Use of Introduced Species,
						to Revegetation: Timing, to Revegetation: Mulching and Other Stabilizing
						Practices, to Revegetation: Grazing, 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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.510 - Hydrologic Balance: Water-Quality Standards and Effluent Limitations

Current through Reg. 49, No. 28; July 12, 2024
Discharge of water from areas disturbed by underground
						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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.513 - 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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.514 - 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 underground mining
					 activities include diversion ditches, siltation structures, or roads that are
					 designed, constructed and maintained in accordance with
					 §§12.500-12.513, this section, and §§
												RSA
					 12.515-RSA 12.572 of
					 this title (relating to Permanent Program Performance Standards--Underground
					 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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.515 - Hydrologic Balance: Discharge Structures

Current through Reg. 49, No. 28; July 12, 2024
Discharge 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 to 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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.516 - Hydrologic Balance: Acid-Forming and Toxic-Forming Materials

Current through Reg. 49, No. 28; July 12, 2024
Drainage from acid-forming and toxic-forming underground
						development waste and spoil, if any, into ground and surface waters shall be
						avoided by:
(1) identifying, burying,
					 and treating, where necessary, waste and 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 materials in accordance with §
											RSA
					 12.553 of this title (relating to Backfilling
					 and Grading: Covering Coal and Acid- and Toxic-Forming Materials), and other
					 measures required by the Commission; and
(3) burying or otherwise treating all
					 acid-forming or toxic-forming underground development waste and spoil within 30
					 days after they are first exposed on the mine site, or within a lesser period
					 required by the Commission. Temporary storage of such materials 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 and toxic-forming underground
					 development waste and 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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.518 - Hydrologic Balance: Underground Mine Entry and Access Discharges

Current through Reg. 49, No. 28; July 12, 2024
(a) Surface entries
					 and accesses to underground workings, including adits and slopes, shall be
					 located, designed, constructed, and utilized to prevent or control gravity
					 discharge of water from the mine.
(b) Gravity discharge of water from an
					 underground mine, other than a drift mine subject to subsection (c) of this
					 section, may be allowed by the Commission, if it is demonstrated that:
(1) the discharge:
(A) satisfies the water effluent limitations
					 referenced in §
													RSA
					 12.510 of this title (relating to Hydrologic
					 Balance: Water-Quality Standards and Effluent Limitations) and all applicable
					 state and federal water-quality standards without treatment; and
(B) will result in changes in the prevailing
					 hydrologic balance that are minimal, and approved postmining land uses will not
					 be adversely affected; or
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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.519 - 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
					 12.188<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
					 12.188<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 §§
												RSA
					 12.207-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 subsection, 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
					 12.188<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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.520 - 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 underground 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
					 12.501-RSA
					 12.503 of this title (relating to Casing and
					 Sealing of Exposed Underground Openings: General Requirements, to Casing and
					 Sealing of Exposed Underground Openings: Temporary, and to Casing and Sealing
					 of Exposed Underground Openings: 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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.521 - Hydrologic Balance: Water Rights and Replacement

Current through Reg. 49, No. 28; July 12, 2024
Any person who conducts underground 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 affected by contamination, diminution, or
						interruption proximately resulting from the underground 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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.522 - Hydrologic Balance: Discharge of Water into an Underground Mine

Current through Reg. 49, No. 28; July 12, 2024
Water from the surface or from an underground mine shall
						not be diverted or discharged into other underground mine workings, unless the
						person who conducts the underground mining activities demonstrates to the
						Commission that the discharge will:
(1) abate water pollution or otherwise
					 eliminate public hazards resulting from underground mining
					 activities;
(2) be discharged as a
					 controlled flow;
(3) meet the
					 effluent limitations referenced in §
											RSA
					 12.510 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) underground mine development
					 waste;
(C) fly ash from a
					 coal-fired facility;
(D) sludge
					 from an acid mine drainage treatment facility;
(E) flue-gas desulfurization sludge;
					 or
(F) inert materials used for
					 stabilizing underground mines;
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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.523 - 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 underground mining activities shall renovate all permanent
						sedimentation ponds, diversions, impoundments and treatment facilities to meet
						criteria specified in the detailed design plan 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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.524 - 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 underground mining
					 activities, unless the Commission specifically authorizes underground mining
					 activities closer to, or through, such a stream. The Commission may authorize
					 such activities only upon finding that:
(1)
					 underground 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
					 12.511 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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.525 - Coal Recovery

Current through Reg. 49, No. 28; July 12, 2024
Underground mining activities shall be conducted so as to
						maximize the utilization and conservation of the coal, while utilizing the best
						technology currently available to maintain environmental integrity, so that
						reaffecting the land in the future through surface coal mining operations is
						minimized.
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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.526 - Use of Explosives: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) This section and §§
											RSA
					 12.527-RSA
					 12.530 of this title (relating to Use of
					 Explosives) apply only to surface blasting activities incident to underground
					 mining, including, but not limited to, initial rounds of slopes and
					 shafts.
(b) Each operator shall
					 comply with all applicable state and federal laws and regulations in the use of
					 explosives.
(c) All surface
					 blasting operations incident to underground mining shall be conducted by
					 experienced, trained, and competent persons who understand the hazards
					 involved. A blaster and at least one other person shall be present at the
					 firing of a blast. Each person responsible for blasting operations shall
					 possess a valid certification as required by §§
											RSA
					 12.700-RSA 12.710 of this
					 title (relating to Training, Examination, and Certification of Blasters) and:
(1) be familiar with the site-specific
					 performance standards; and
(2) give
					 direction and on-the-job training to persons who are not certified and who are
					 assigned to the blasting crew to assist in the use of explosives.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.527 - Use of Explosives: Pre-Blasting Survey

Current through Reg. 49, No. 28; July 12, 2024
(a) At least 30 days before initiation of a
					 blasting program, the operator shall notify, in writing, all residents or
					 owners of dwellings or other structures located within 1/2 mile of any part of
					 the permit area regarding how to request a pre-blasting survey. The request
					 shall be made, in writing, directly to the operator or to the Commission who
					 shall promptly notify the operator. The operator shall promptly conduct a
					 pre-blasting survey of the dwelling or structure and promptly submit a report
					 of the survey to the Commission and to the person requesting the survey. If a
					 structure is renovated or modified subsequent to a pre-blast survey, then upon
					 request a survey of such additions and renovations shall be performed by the
					 operator in accordance with this section.
(b) The operator shall determine the
					 condition of the dwelling or structure and shall document any pre-blasting
					 damage and other physical factors that could reasonably be affected by the
					 blasting. Assessments of structures such as pipelines, pipes, cables,
					 transmission lines, cisterns, and wells and other water systems may be limited
					 to surface conditions and other readily available data. Special attention shall
					 be given to the pre-blasting condition of wells and other water systems used
					 for human, animal, or agricultural purposes and to the quantity and quality of
					 the water.
(c) A written report of
					 the survey shall be prepared and signed by the person who conducted the survey.
					 The report may include recommendations for any special conditions or proposed
					 adjustments to the blasting procedure which should be incorporated into the
					 blasting plan to prevent damage. Copies of the report shall be promptly
					 provided to the person requesting the survey and to the Commission. If the
					 person requesting the survey disagrees with the results of the survey, he or
					 she may notify, in writing, both the operator and the Commission of the
					 specific areas of disagreement.
(d)
					 Any pre-blasting surveys requested before the 10th day before the planned
					 initiation of blasting shall be completed by the operator before the initiation
					 of blasting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.528 - Use of Explosives: Control of Adverse Effects

Current through Reg. 49, No. 28; July 12, 2024
(a) General requirements.
(1) Blasting shall be conducted in a manner
					 that will prevent injury to persons, damage to public or private property
					 outside the permit area, adverse impacts on any underground mine, and change in
					 the course, channel, or availability of ground or surface waters outside the
					 permit area.
(2) Except where
					 lesser distances are approved by the Commission, based upon a pre-blasting
					 survey, seismic investigation, and an approved blast design submitted in
					 accordance with the requirements of §
												RSA
					 12.526<subdiv>(d)</subdiv> of
					 this title (relating to Use of Explosives: General Requirements), blasting
					 shall not be conducted within:
(A) 1,000 feet
					 of any building used as a dwelling, public building, school, church, hospital,
					 nursing facility, or community or institutional building outside the permit
					 area; or
(B) 500 feet of facilities
					 including, but not limited to, disposal wells, petroleum or gas storage
					 facilities, active and abandoned underground mines, fluid-transmission
					 pipelines, gas or oil-collection lines, or water and sewage lines.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.530 - Use of Explosives: Records of Blasting Operations

Current through Reg. 49, No. 28; July 12, 2024
The operator shall retain a record of each blast,
						including seismograph reports, which shall be retained for at least three years
						and which shall be available for inspection by the Commission and the public on
						request. The record shall contain the following data:
(1) name of the operator conducting the
					 blast;
(2) location, date, and time
					 of blast;
(3) name, signature, and
					 certification number of blaster conducting the blast;
(4) identification, direction, and distance,
					 in feet, from the nearest blast hole to the nearest dwelling, public building,
					 school, church, community or institutional building located outside the permit
					 area, except those described in §
											RSA
					 12.528<subdiv>(i)</subdiv> of
					 this title (relating to Use of Explosives: Control of Adverse
					 Effects);
(5) weather conditions,
					 including those which may cause possible adverse blasting effects such as
					 temperature, and wind direction and approximate velocity;
(6) type of material blasted;
(7) sketches of the blast pattern, including
					 number of holes, burden, spacing, decks, and delay pattern;
(8) diameter and depth of holes;
(9) types of explosives used;
(10) total weight of explosives used per
					 hole;
(11) maximum weight of
					 explosives detonated within any 8-millisecond period;
(12) maximum number of holes detonated within
					 any 8-millisecond period;
(13)
					 initiation system;
(14) type and
					 length of stemming;
(15) mats or
					 other protections used;
(16) type
					 of delay detonator and delay periods used;
(17) sketch of the delay pattern;
(18) number of persons in the blasting
					 crew;
(19) seismographic and
					 airblast records, where required, which shall include:
(A) type of instrument, sensitivity,
					 seismographic reading, and calibration signal or certification of annual
					 calibration;
(B) exact location of
					 the instrument and the date, time, and distance from the blast;
(C) name of the person and firm taking the
					 seismograph reading;
(D) name of
					 the person and firm analyzing the seismographic record; and
(E) the vibration and airblast level
					 recorded; and
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.531 - Disposal of Underground Development Waste and Excess Spoil: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Underground development waste and spoil not required to achieve the approximate
					 original contour and which is not used as backfill shall be hauled or conveyed
					 to and placed in designated disposal areas within a permit area if the disposal
					 areas are authorized for such purposes in the approved permit application in
					 accordance with this section and §§
											RSA
					 12.532-RSA
					 12.534 of this title (relating to Disposal of
					 Underground Development Waste and Excess Spoil: Valley Fills, to Disposal of
					 Underground Development Waste and Excess Spoil: Head-of-Hollow fills, and to
					 Disposal of Underground Development Waste and Excess Spoil: Durable Rock
					 Fills). The material shall be placed in a controlled manner to ensure:
(1) that leachate and surface runoff from the
					 fill will not degrade surface or ground waters or exceed the effluent
					 limitations referenced in §
												RSA
					 12.510 of this title (relating to Hydrologic
					 Balance: Water-Quality Standards and Effluent Limitations);
(2) stability of the fill; and
(3) that the land mass designated as the
					 disposal area is suitable for reclamation and revegetation compatible with the
					 natural surroundings.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.532 - Disposal of Underground Development Waste and Excess Spoil: Valley Fills

Current through Reg. 49, No. 28; July 12, 2024
(a) Valley fills
					 shall meet all of the requirements of §
											RSA
					 12.531 of this title (relating to Disposal of
					 Underground Development Waste and Excess Spoil: General Requirements) and the
					 additional requirements of this section.
(b) The fill shall be designed to attain a
					 long-term static safety factor of 1.5, based upon data obtained from subsurface
					 exploration, geotechnical testing, foundation design, and accepted engineering
					 analyses.
(c) A sub-drainage system
					 for the fill shall be constructed in accordance with the following:
(1) a system of underdrains constructed of
					 durable rock shall meet the requirements of paragraph (4) of this subsection,
					 and:
(A) be installed along the natural
					 drainage system;
(B) extend from
					 the toe to the head of the fill; and
(C) contain lateral drains to each area of
					 potential drainage or seepage;