Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM › Section 12.801 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter
					 (relating to the Texas Abandoned Mine Land Reclamation Program), shall have the
					 following meanings unless the context clearly indicates otherwise:
(1) Abandoned Mine Reclamation Fund or
				  Fund--A special fund established by the United States Treasury for the purpose
				  of accumulating revenues designated for reclamation of abandoned mine lands and
				  other activities authorized by Title IV of the Federal Act.
(2) Director--The Director of the Office of
				  Surface Mining Reclamation and Enforcement, or the Director's
				  representative.
(3) Eligible lands
				  and water--Land and water eligible for reclamation or drainage abatement
				  expenditures which were mined for coal or which were affected by such mining,
				  wastebanks, coal processing, or other coal mining processes and left or
				  abandoned in either an unreclaimed or inadequately reclaimed condition prior to
				  August 3, 1977, and for which there is no continuing reclamation
				  responsibility. Lands and water damaged by coal mining operations after August
				  3, 1977, and on or before November 5, 1990, may also be eligible for
				  reclamation if they meet the requirements specified in §
										RSA
				  12.803 of this title (relating to Eligible
				  Coal Lands and Water). Following certification of the completion of all known
				  coal problems, eligible lands and water for noncoal reclamation purposes shall
				  be those sites that meet the requirements specified in §§
										RSA
				  12.808,
				  RSA
				  12.809,
				  RSA
				  12.810, and
				  RSA
				  12.811 of this title (relating to Eligible
				  Noncoal Lands and Water; Reclamation Priorities for Noncoal Program; Exclusion
				  of Certain Noncoal Reclamation Sites; and Land Acquisition Authority - Noncoal,
				  respectively). For additional eligibility requirements for water projects, see
				  §
										RSA
				  12.805 of this title (relating to Water
				  Supply Restoration), and for lands affected by remining operations, see Section
				  404 of the Federal Act.
(4)
				  Emergency--A sudden danger or impairment that presents a high probability of
				  substantial physical harm to the health, safety or general welfare of people
				  before the danger can be abated under normal program operation
				  procedures.
(5) Extreme danger--A
				  condition that could reasonably be expected to cause substantial physical harm
				  to persons, property, or the environment and to which persons or improvements
				  on real property are currently exposed.
(6) Left or abandoned in either an
				  unreclaimed or inadequately reclaimed condition--Lands and water:
(A) which were mined or which were affected
				  by such mining, wastebanks, processing or other mining processes prior to
				  August 3, 1977, or between August 3, 1977 and November 5, 1990, as authorized
				  pursuant to Section 402(g)(4) of the Federal Act, and on which all mining has
				  ceased;
(B) which continue in their
				  present condition to substantially degrade the quality of the environment,
				  prevent or damage the beneficial use of the land or water resources, or
				  endanger the health or safety of the public; and
(C) for which there is no continuing
				  reclamation responsibility under state or federal laws, except as provided in
				  Sections 402(g)(4) and 403(b)(2) of the Federal Act.