reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 4 - EXEMPTION FOR COAL EXTRACTION INCIDENT TO GOVERNMENT-FINANCED HIGHWAY OR OTHER CONSTRUCTION › Section 12.21 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Coal extraction
					 which is an incidental part of government-financed construction is exempt from
					 the Act and this chapter (relating to Coal Mining Regulations).
(b) Any person who conducts or intends to
					 conduct coal extraction which does not satisfy subsection (a) of this section
					 shall not proceed until a permit has been obtained from the
					 Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 4 - EXEMPTION FOR COAL EXTRACTION INCIDENT TO GOVERNMENT-FINANCED HIGHWAY OR OTHER CONSTRUCTION › Section 12.22 - Information To Be Maintained on Site

Current through Reg. 49, No. 28; July 12, 2024
Any person extracting coal incident to a
						government-financed highway or other construction who extracts more than 250
						tons of coal shall maintain, on the site of the extraction operation and
						available for inspection, documents which show:
(1) a description of the construction
					 project;
(2) the exact location of
					 the construction, right-of-way or the boundaries of the area which will be
					 directly affected by the construction; and
(3) the government agency which is providing
					 the financing and the kind and amount of public financing, including the
					 percentage of the entire construction costs represented by the government
					 financing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 5 - AWARDS OF COSTS AND EXPENSES › Section 12.23 - Costs and Expenses

Current through Reg. 49, No. 28; July 12, 2024
An award may be made pursuant to §134.172 of the
						Act:
(1) to the Commission when it
					 demonstrates that any person applied for review pursuant to
					 §§134.161-134.173 of the Act or that any party participated in such a
					 proceeding in bad faith and for the purpose of harassing or embarrassing the
					 Commission;
(2) to a permittee from
					 any person when the permittee demonstrates that the person initiated a
					 proceeding under §§134.161-134.173 of the Act or participated in such
					 a proceeding in bad faith and for the purpose of harassing or embarrassing the
					 permittee;
(3) to a permittee from
					 the Commission when the permittee demonstrates that the Commission issued an
					 order of cessation, a notice of violation, or an order to show cause why a
					 permit should not be suspended or revoked, in bad faith and for the purpose of
					 harassing or embarrassing the permittee;
(4) to any person other than a permittee or
					 his representative from the Commission if the person initiates or participates
					 in any proceeding under the Act, upon a finding that the person made a
					 substantial contribution to a full and fair determination of the issues;
					 or
(5) to any person from the
					 permittee if the person initiates any administrative proceedings reviewing
					 enforcement actions, upon a finding that a violation of the Act, regulations,
					 or permit has occurred, or that an imminent hazard existed; or to any person
					 who participates in an enforcement proceeding when such finding is made if the
					 Commission determines that the person made a substantial contribution to the
					 full and fair determination of the issues.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 6 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 12.25 - Scope

Current through Reg. 49, No. 28; July 12, 2024
This section and §§
											RSA
						12.26-RSA 12.33
						of this title (relating to Exemption for Coal Extraction Incidental to the
						Extraction of Other Minerals) implements the exemption contained in
						§134.004(19)(A) of the Act concerning the extraction of coal incidental to
						the extraction of other minerals where coal does not exceed 16 2/3% of the
						total tonnage of coal and other minerals removed for purposes of commercial use
						or sale.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 6 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 12.28 - Public Availability of Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsection (b) of
					 this section, all information submitted to the Commission under
					 §§12.25-12.27, this section, and §§
											RSA
					 12.29-RSA 12.33
					 of this title (relating to Exemption for Coal Extraction Incidental to the
					 Extraction of Other Minerals) shall be made immediately available for public
					 inspection and copying at the Division's central and local offices closest to
					 the mining operations claiming exemption until at least three years after
					 expiration of the period during which the subject mining area is
					 active.
(b) The Commission may keep
					 information submitted to the Commission under this part confidential if the
					 person submitting it requests in writing, at the time of submission, that it be
					 kept confidential and the information concerns trade secrets or is privileged
					 commercial or financial information of the persons intending to conduct
					 operations under §§12.25-12.27, this section, and §
											RSA
					 12.29-RSA 12.33
					 of this title.
(c) Information
					 requested to be held as confidential under subsection (b) of this section shall
					 not be made publicly available until after notice and opportunity to be heard
					 is afforded persons both seeking and opposing disclosure of the
					 information.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 6 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 12.29 - Requirements for Exemption

Current through Reg. 49, No. 28; July 12, 2024
(a) Activities
					 are exempt from the requirements of the Act if all of the following are
					 satisfied:
(1) The cumulative production of
					 coal extracted from the mining area determined annually as described in this
					 paragraph does not exceed 16 2/3% of the total cumulative production of coal
					 and other minerals removed during such period for purposes of bona fide sale or
					 reasonable commercial use.
(2) Coal
					 is produced from a geological stratum lying above or immediately below the
					 deepest stratum from which other minerals are extracted for purposes of bona
					 fide sale or reasonable commercial use.
(3) The cumulative revenue derived from the
					 coal extracted from the mining area determined annually shall not exceed 50% of
					 the total cumulative revenue derived from the coal and other minerals removed
					 for purposes of bona fide sale or reasonable commercial use. If the coal
					 extracted or the minerals removed are used by the operator or transferred to a
					 related entity for use instead of being sold in a bona fide sale, then the fair
					 market value of the coal or other minerals shall be calculated at the time of
					 use or transfer and shall be considered rather than revenue.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 6 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 12.30 - Conditions of Exemption and Right of Inspection and Entry

Current through Reg. 49, No. 28; July 12, 2024
A person conducting activities covered by
						§§12.25-12.29, this section, and §
											RSA
						12.31-RSA 12.33
						of this title (relating to Exemption for Coal Extraction Incidental to the
						Extraction of Other Minerals) shall:
(1) maintain on-site or at other locations
					 available to authorized representatives of the Commission, as well as
					 authorized representatives of the Secretary, the information necessary to
					 verify the exemption including, but not limited to, commercial use and sales
					 information, extraction tonnages, and a copy of the exemption application and
					 exemption approved by the Commission;
(2) notify the Commission upon the completion
					 of the mining operation or permanent cessation of all coal extraction
					 activities;
(3) conduct operations
					 in accordance with the approved application or when authorized to extract coal
					 under §
											RSA
					 12.26<subdiv>(b) or
					 (e)(3)</subdiv> of this title (relating to
					 Application Requirements and Procedures) prior to submittal or approval of an
					 exemption application, in accordance with the standards of
					 §§12.25-12.29, this section, and §§
											RSA
					 12.31-RSA 12.33
					 of this title.
(4) Authorized
					 representatives of the Commission, as well as authorized representatives of the
					 Secretary, shall have the right to conduct inspections of operations claiming
					 exemption under §§12.25-12.29, this section, and §§
											RSA
					 12.31-RSA 12.33
					 of this title (relating to Exemption for Coal Extraction Incidental to the
					 Extraction of Other Minerals).
(5)
					 Each authorized representative of the Commission, as well as authorized
					 representatives of the Secretary, conducting an inspection under
					 §§12.25-12.29, this section, and §§
											RSA
					 12.31-RSA 12.33
					 of this title:
(A) shall have a right of
					 entry to, upon, and through any mining and reclamation operations without
					 advance notice or a search warrant, upon presentation of appropriate
					 credentials;
(B) may, at reasonable
					 times and without delay, have access to and copy any records relevant to the
					 exemption; and
(C) shall have a
					 right to gather physical and photographic evidence to document conditions,
					 practices, or violations at a site.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 6 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 12.31 - Stockpiling of Minerals

Current through Reg. 49, No. 28; July 12, 2024
(a) Coal. Coal
					 extracted and stockpiled may be excluded from the calculation of cumulative
					 production until the time of its sale, transfer to a related entity or use:
(1) up to an amount equaling a 12-month
					 supply of the coal required for future sale, transfer or use as calculated
					 based upon the average annual sales, transfer and use from the mining area over
					 the two preceding years; or
(2) for
					 a mining area where coal has been extracted for a period of less than two
					 years, up to an amount that would represent a 12-month supply of the coal
					 required for future sales, transfer or use as calculated based on the average
					 amount of coal sold, transferred, or used each month.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 6 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 12.32 - Revocation and Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) Commission
					 responsibility. The Commission shall conduct an annual compliance review of the
					 mining area, utilizing the annual report submitted pursuant to §
											RSA
					 12.33 of this title (relating to Reporting
					 Requirements), an on-site inspection, and any other information available to
					 the Commission.
(b) Notification by
					 Commission. If the Commission has reason to believe that a specific mining area
					 was not exempt under the provisions of §§12.25-12.31, this section,
					 and §
											RSA
					 12.33 of this title (relating to Exemption
					 for Coal Extraction Incidental to the Extraction of Other Minerals) at the end
					 of the previous reporting period, is not exempt, or will be unable to satisfy
					 the exemption criteria at the end of the current reporting period, the
					 Commission shall notify the operator that the exemption may be revoked and the
					 reason(s) therefor. The exemption will be revoked unless the operator
					 demonstrates to the Commission within 30 days that the mining area in question
					 should continue to be exempt.
(c)
					 Exemption Revoked.
(1) If the Commission
					 finds that an operator has not demonstrated that activities conducted in the
					 mining area qualify for the exemption, the Commission shall revoke the
					 exemption and immediately notify the operator and intervenors. If a decision is
					 made not to revoke an exemption, the Commission shall immediately notify the
					 operator and intervenors.
(2) Any
					 adversely affected person may request appeal or review of a decision whether to
					 revoke an exemption in accordance with procedures established under §
												RSA
					 12.222 of this title (relating to
					 Administrative Review).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 6 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 12.33 - Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Exemption Approval.
(1) Following approval by
					 the Commission of an exemption for a mining area, the person receiving the
					 exemption shall, for each mining area, file a written report annually with the
					 Commission containing the information specified in subsection (b) of this
					 section.
(2) The report shall be
					 filed no later than 30 days after the end of the 12-month period as determined
					 in accordance with the definition of "cumulative measurement period" in §
												RSA 12.3
					 of this title (relating to Definitions).
(3) The information in the report shall
					 cover:
(A) annual production of coal and
					 other minerals and annual revenue derived from coal and other minerals during
					 the preceding 12-month period; and
(B) the cumulative production of coal and
					 other minerals and the cumulative revenue derived from coal and other
					 minerals.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter F - LANDS UNSUITABLE FOR MINING › Division 1 - GENERAL › Section 12.69 - Objectives

Current through Reg. 49, No. 28; July 12, 2024
This subchapter (relating to Lands Unsuitable for Mining)
						establishes the procedures and standards to be followed in determining whether
						a proposed surface coal mining and reclamation operation can be authorized in
						light of the prohibitions and limitations in §§134.016-134.022 of the
						Act for those types of operations on certain public and private
						lands.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter F - LANDS UNSUITABLE FOR MINING › Division 2 - AREAS DESIGNATED BY ACT OF CONGRESS › Section 12.71 - Areas Where Surface Coal Mining Operations are Prohibited or Limited

Current through Reg. 49, No. 28; July 12, 2024
(a) Surface coal
					 mining operations may not be conducted on the following lands unless those
					 lands either qualify for the exception for existing operations under subsection
					 (b) of this section or are subject to valid existing rights, as determined
					 under §
											RSA
					 12.72<subdiv>(c)</subdiv> of this
					 title (relating to Procedures for Compatibility Findings, Public Road Closures
					 and Relocations, Buffer Zones, and Valid Existing Rights Determinations):
(1) Any lands within the boundaries of:
(A) the National Park System;
(B) the National Wildlife Refuge
					 System;
(C) the National System of
					 Trails;
(D) the National Wilderness
					 Preservation System;
(E) the Wild
					 and Scenic Rivers System, including study rivers designated under section 5(a)
					 of the Wild and Scenic Rivers Act,
					 RSA
					 1276<subdiv>(a)</subdiv>, or
					 study rivers or study river corridors established in any guidelines issued
					 under that Act; or
(F) National
					 Recreation Areas designated by Act of Congress.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter F - LANDS UNSUITABLE FOR MINING › Division 2 - AREAS DESIGNATED BY ACT OF CONGRESS › Section 12.72 - Procedures for Compatibility Findings, Public Road Closures and Relocations, Buffer Zones, and Valid Existing Rights Determinations

Current through Reg. 49, No. 28; July 12, 2024
(a) Procedures for relocating or closing a
					 public road or waiving the prohibition on surface coal mining operations within
					 the buffer zone of a public road.
(1) This
					 section does not apply to:
(A) lands for
					 which a person has valid existing rights, as determined under subsection (c) of
					 this section;
(B) lands within the
					 scope of the exception for existing operations in §
													RSA
					 12.71<subdiv>(b)</subdiv> of this
					 title (relating to Areas Where Surface Coal Mining Operations are Prohibited or
					 Limited); and
(C) access or haul
					 roads that join a public road, as described in §
													RSA
					 12.71<subdiv>(a)(4)(A)</subdiv>
					 of this title (relating to Areas Where Surface Coal Mining Operations are
					 Prohibited or Limited).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter F - LANDS UNSUITABLE FOR MINING › Division 3 - CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 12.73 - Commission Obligations at Time of Permit Application Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Obligation.
					 Upon receipt of an administratively complete application for a permit for a
					 surface coal mining operation, or an administratively complete application for
					 revision of the boundaries of a surface coal mining operation permit, the
					 Commission must review the application to determine whether the proposed
					 surface coal mining operation would be located on any lands protected under
					 §
											RSA
					 12.71<subdiv>(a)</subdiv> of this
					 title (relating to Areas Where Surface Coal Mining Operations are Prohibited or
					 Limited).
(b) Criteria for
					 Rejection. The Commission must reject any portion of the application that would
					 locate surface coal mining operations on land protected under §
											RSA
					 12.71<subdiv>(a)</subdiv> of this
					 title unless:
(1) the site qualifies for the
					 exception for existing operations under §
												RSA
					 12.71<subdiv>(b)</subdiv> of this
					 title;
(2) a person has valid
					 existing rights for the land, as determined under §
												RSA
					 12.72<subdiv>(c)</subdiv> of this
					 title (relating to Procedures For Compatibility Findings, Public Road Closures
					 and Relocations, Buffer Zones, And Valid Existing Rights
					 Determinations);
(3) the applicant
					 obtains a waiver or exception from the prohibitions of §
												RSA
					 12.71<subdiv>(a)</subdiv> of this
					 title in accordance with §
												RSA
					 12.72<subdiv>(a)-(b) </subdiv> of
					 this title; or
(4) for lands
					 protected by §
												RSA
					 12.71<subdiv>(a)(3)</subdiv> of
					 this title, both the Commission and the agency with jurisdiction over the park
					 or place jointly approve the proposed operation in accordance with subsection
					 (d) of this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter F - LANDS UNSUITABLE FOR MINING › Division 3 - CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 12.74 - Responsibility

Current through Reg. 49, No. 28; July 12, 2024
The Commission must use the criteria in this Subchapter
						(relating to Lands Unsuitable for Mining) for the evaluation of each petition
						for the designation of areas as unsuitable for surface coal mining
						operations.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter F - LANDS UNSUITABLE FOR MINING › Division 3 - CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 12.75 - Criteria for Designating Lands as Unsuitable

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon petition, an area shall be
					 designated as unsuitable for all or certain types of surface coal mining
					 operations, if the Commission determines that reclamation is not
					 technologically and economically feasible under the Act, this chapter (relating
					 to Coal Mining Regulations), or the approved state program.
(b) Upon petition, an area may be (but is not
					 required to be) designated as unsuitable for certain types of surface coal
					 mining operations, if the operations will:
(1) be incompatible with existing state or
					 local land-use plans or programs;
(2) affect fragile or historic lands in which
					 the operations could result in significant damage to important historic,
					 cultural, scientific, or esthetic values or natural systems;
(3) affect renewable resource lands in which
					 the operations could result in a substantial loss or reduction of long-range
					 productivity of water supply or of food or fiber products; or
(4) affect natural hazard lands in which the
					 operations could substantially endanger life and property, such lands to
					 include areas subject to frequent flooding and areas of unstable
					 geology.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter F - LANDS UNSUITABLE FOR MINING › Division 3 - CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 12.76 - Land Exempt from Designation as Unsuitable for Surface Coal Mining Operations

Current through Reg. 49, No. 28; July 12, 2024
The requirements of this subchapter (relating to Lands
						Unsuitable for Mining) do not apply to:
(1) lands on which surface coal mining
					 operations were being conducted on August 3, 1977;
(2) lands covered by a permit issued under
					 the Act; or
(3) lands where
					 substantial legal and financial commitments in surface coal mining operations
					 were in existence prior to January 4, 1977.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter F - LANDS UNSUITABLE FOR MINING › Division 3 - CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 12.77 - Applicability and Restrictions on Exploration on Land Designated as Unsuitable for Surface Coal Mining Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. Pursuant to appropriate
					 petitions, lands listed in §
											RSA
					 12.71<subdiv>(a)</subdiv> of this
					 title (relating to Areas Where Surface Coal Mining Operations are Prohibited or
					 Limited) are subject to designation as unsuitable for all or certain types of
					 Surface coal mining operations under this Division and Division 4 of Subchapter
					 F (relating to Lands Unsuitable for Mining).
(b) Exploration Restrictions. Designation of
					 any area as unsuitable for all or certain types of surface coal mining
					 operations pursuant to §§134.016-134.022 of the Act and regulations
					 of this subchapter (relating to Lands Unsuitable for Mining) does not prohibit
					 coal exploration operations in the area, if conducted in accordance with the
					 Act, this chapter (relating to Coal Mining Regulations), the approved state
					 program and other applicable requirements. Exploration operations on any lands
					 designated unsuitable for surface coal mining operations must be approved by
					 the Commission under §§
											RSA
					 12.109-RSA
					 12.115 of this title (relating to General
					 Requirements for Coal Exploration) to ensure that exploration does not
					 interfere with any value for which the area has been designated unsuitable for
					 surface coal mining.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter F - LANDS UNSUITABLE FOR MINING › Division 4 - PROCESS FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 12.78 - Procedures: General Process Requirements

Current through Reg. 49, No. 28; July 12, 2024
The Commission has established a process enabling
						objective decisions to be made on which, if any, land areas of the state are
						unsuitable for all or certain types of surface coal mining operations. These
						decisions shall be based on competent, scientifically sound data and other
						relevant information.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter F - LANDS UNSUITABLE FOR MINING › Division 4 - PROCESS FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 12.79 - Procedures: Petitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Right to
					 Petition. Any person having an interest which is or may be adversely affected
					 has the right to petition the Commission to have an area designated as
					 unsuitable for surface coal mining operations, or to have an existing
					 designation terminated. For the purpose of this action, a person having an
					 interest which is or may be adversely affected must demonstrate how he or she
					 meets an "injury in fact" test by describing the injury to his or her specific
					 affected interests and demonstrate how he or she is among the
					 injured.
(b) Designation. The
					 Commission shall determine what information must be provided by the petitioner
					 to have an area designated as unsuitable for surface coal mining operations.
(1) At a minimum, a complete petition for
					 designation shall include:
(A) the
					 petitioner's name, address, telephone number, and notarized
					 signature;
(B) identification of
					 the petitioned area, including its location and size, and a U.S. Geological
					 Survey topographic map outlining the perimeter of the petitioned
					 area;
(C) the names and mailing
					 addresses of persons with an ownership interest of record in the petitioned
					 area;
(D) an identification of the
					 petitioner's interest which is or may be adversely affected by surface coal
					 mining operations, including a statement demonstrating how the petitioner
					 satisfies the requirements of subsection (a) of this section;
(E) a description of how mining of the area
					 has affected or may adversely affect people, land, air, water, or other
					 resources, including the petitioner's interests; and
(F) allegations of facts and supporting
					 evidence, covering all lands in the petition area, which would tend to
					 establish that the area is unsuitable for all or certain types of surface coal
					 mining operations, pursuant to specific criteria of §§134.016-134.022
					 of the Act, assuming that contemporary mining practices required under the
					 state regulatory program would be followed if the area were to be mined. Each
					 of the allegations of fact should be specific as to the mining operation, if
					 known, and the portion(s) of the petitioned area and petitioner's interests to
					 which the allegation applies and be supported by evidence that tends to
					 establish the validity of the allegations for the mining operation or portion
					 of the petitioned area.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter F - LANDS UNSUITABLE FOR MINING › Division 4 - PROCESS FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 12.81 - Procedures: Hearing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Within 10 months after receipt of a complete petition, the Commission shall
					 hold a public hearing in the locality of the area covered by the petition. If
					 all petitioners and intervenors agree, the hearing need not be held. The
					 Commission may subpoena witnesses as necessary. The hearing may be conducted
					 with cross-examination of expert witnesses only. A record of the hearing shall
					 be made and preserved according to state law. No person shall bear the burden
					 of proof or persuasion. All relevant parts of the data base and inventory
					 system and all public comments received during the public comment period shall
					 be included in the record and considered by the Commission in its decision on
					 the petition.
(b) The following
					 notice requirements shall apply:
(1) the
					 Commission shall give notice of the date, time, and location of the hearing to:
(A) local, state and federal agencies which
					 may have an interest in the decision on the petition;
(B) the petitioner and intervenors;
					 and
(C) any person known by the
					 Commission to have a property interest in the petitioned area. Proper notice to
					 persons with an ownership interest of record shall be accomplished by placing a
					 postage paid notice, addressed as shown in the public record, in the U.S. mail;
					 and
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter F - LANDS UNSUITABLE FOR MINING › Division 4 - PROCESS FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 12.82 - Procedures: Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) In reaching
					 its decision, the Commission shall use:
(1)
					 the information contained in the data base and inventory system;
(2) information provided by other
					 governmental agencies;
(3) the
					 detailed statement when it is prepared under §
												RSA
					 12.81<subdiv>(e)</subdiv> of this
					 title (relating to Procedures: Hearing Requirements); and
(4) any other relevant information submitted
					 during the comment period.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter F - LANDS UNSUITABLE FOR MINING › Division 4 - PROCESS FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 12.83 - Data Base and Inventory System Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission has developed a data base
					 and inventory system which will permit evaluation of whether reclamation is
					 feasible in areas covered by petitions.
(b) The Commission shall include in the
					 system information relevant to the criteria in §
											RSA
					 12.75 of this title (relating to Criteria for
					 Designating Lands as Unsuitable), including, but not limited to, information
					 received from the United States Fish and Wildlife Service, the State Historic
					 Preservation Officer, and the agency administering §127 of the Clean Air
					 Act, as amended (RSA
					 7470 et seq.).
(c) The Commission shall add to the data base
					 and inventory system information:
(1) on
					 potential coal resources of the state, demand for those resources, the
					 environment, the economy and the supply of coal, sufficient to enable the
					 Commission to prepare the statements required by §
												RSA
					 12.81<subdiv>(e)</subdiv> of this
					 title (relating to Procedures: Hearing Requirements); and
(2) that becomes available from petitions,
					 publications, experiments, permit applications, mining and reclamation
					 operations, and other sources.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter F - LANDS UNSUITABLE FOR MINING › Division 4 - PROCESS FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 12.84 - Public Information

Current through Reg. 49, No. 28; July 12, 2024
The Commission shall:
(1) make the information in the data base and
					 inventory system developed under §
											RSA
					 12.83 of this title (relating to Data Base
					 and Inventory System Requirements) available to the public for inspection free
					 of charge and for copying at reasonable cost, except that specific information
					 relating to location of properties proposed to be nominated to, or listed in,
					 the National Register of Historic Places need not be disclosed if the
					 Commission determines that the disclosure of such information could create a
					 risk of destruction or harm to such properties; and
(2) provide information to the public on the
					 petition procedures necessary to have an area designated as unsuitable for all
					 or certain types of surface coal mining operations or to have designations
					 terminated and describe how the inventory and data base system can be
					 used.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter F - LANDS UNSUITABLE FOR MINING › Division 4 - PROCESS FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 12.85 - Responsibility for Implementation

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The Commission shall not issue permits which are inconsistent with designations
					 made pursuant to this Program.
(b)
					 The Commission shall maintain a map or other unified and cumulative record of
					 areas designated as unsuitable for all or certain types of surface coal mining
					 operations.
(c) Information
					 regarding designations shall be subject to the Texas Open Records Act (Texas
					 Government Code, Chapter 552), excepting proprietary information on the
					 chemical and physical properties of the coal.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 1 - GENERAL REQUIREMENTS FOR PERMIT AND EXPLORATION PROCEDURE SYSTEMS UNDER REGULATORY PROGRAMS › Section 12.100 - Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Persons seeking
					 to engage in surface coal mining and reclamation operations must submit an
					 application for and obtain a permit for those operations in accordance with
					 this subchapter (relating to Surface Coal Mining and Reclamation Operations,
					 Permits, and Coal Exploration Procedures Systems). Persons seeking to conduct
					 coal exploration must first file the notice of intention or obtain approval of
					 the Commission as required under §§12.109 - 12.115 of this title
					 (relating to General Requirements for Coal Exploration). A permit and the
					 obligations established therein (to include payment of annual fees associated
					 with the permit as required in §12.108 of this title, relating to Permit
					 Fees) shall continue until all surface coal mining and reclamation operations
					 are completed, regardless of whether the authorization to conduct surface coal
					 mining operations has expired or has been terminated, revoked, or
					 suspended.
(b) A permittee will not
					 be required to submit an application to renew a permit if no surface coal
					 mining operations will be conducted under the permit and solely reclamation
					 activities remain to be completed. The permittee will provide written
					 notification to the Director the Surface Mining and Reclamation Division of
					 permanent cessation of mining operations as required under §12.398 and
					 §12.567 of this title, both relating to Cessation of Operations:
					 Permanent.
(c) The Commission shall
					 review each application for exploration approval and for a permit, approve or
					 disapprove each permit application or exploration application, and issue,
					 condition, suspend, or revoke exploration approval, permits, renewals, or
					 revised permits under an approved regulatory program.
(d) The applicant for a permit or revision of
					 a permit shall have the burden of establishing that the application is in
					 compliance with all of the requirements of the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 1 - GENERAL REQUIREMENTS FOR PERMIT AND EXPLORATION PROCEDURE SYSTEMS UNDER REGULATORY PROGRAMS › Section 12.102 - Coordination with Requirements under Other Laws

Current through Reg. 49, No. 28; July 12, 2024
The Commission shall, to avoid duplication, provide for
						the coordination of review and issuance of permits for surface coal mining and
						reclamation operations with:
(1) any
					 other federal or state permit process applicable to those operations including,
					 at a minimum, permits required under the:
(A)
					 Clean Water Act, as amended (RSA
					 1251 et seq.); and
(B) Clean Air Act, as amended (RSA
					 7401 et seq.);
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 2 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 12.103 - General Requirements for Permits: Operators

Current through Reg. 49, No. 28; July 12, 2024
Except as provided for in §
											RSA
						12.104 of this title (relating to Continued
						Operation Under Interim Permits) on and after 8 months from the date of state
						program approval, no person shall engage in or carry out surface coal mining
						and reclamation operations on non-federal or non-Indian lands within the state,
						unless that person has first obtained a valid permit issued by the
						Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 2 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 12.104 - Continued Operation under Interim Permits

Current through Reg. 49, No. 28; July 12, 2024
A person conducting surface coal mining operations, under
						a permit issued or amended by the Commission in accordance with its
						requirements and those of Section 502 of the Federal Act, may conduct these
						operations beyond the period prescribed in §
											RSA
						12.103 of this title (relating to General
						Requirements for Permits--Operators), if:
(1) timely and complete application for a
					 permit has been made to the Commission in accordance with the provisions of the
					 Act and this subchapter (relating to Surface Coal Mining and Reclamation
					 Operations Permits and Coal Exploration Procedures Systems);
(2) the Commission has not yet rendered an
					 initial decision with respect to such application; and
(3) the operations are conducted in
					 compliance with all terms and conditions of the interim permit, the
					 requirements of the Act and this chapter (relating to Coal Mining
					 Regulations).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 2 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 12.105 - Compliance with Permits

Current through Reg. 49, No. 28; July 12, 2024
All persons shall conduct surface coal mining and
						reclamation operations under permits issued pursuant to this subchapter
						(relating to Surface Coal Mining and Reclamation Operations Permits and Coal
						Exploration Procedures Systems) and shall comply with the terms and conditions
						of the permit and the requirements of the Act and this chapter (relating to
						Coal Mining Regulations).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 2 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 12.106 - Permit Application Filing Deadlines

Current through Reg. 49, No. 28; July 12, 2024
(a) Initial implementation.
(1) Not later than 2 months following
					 approval of the state program by the Secretary, regardless of litigation
					 contesting that approval, each person who conducts or expects to conduct
					 surface coal mining and reclamation operations after the expiration of 8 months
					 from that approval shall file an application for a permit for those
					 operations.
(2) Applications for
					 those operations which are not filed within the time required by paragraph (1)
					 of this subsection shall be deemed applications filed under subsection (b)(1)
					 of this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 2 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 12.107 - Permit Applications: General Requirements for Format and Contents

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications
					 for permits to conduct surface coal mining and reclamation operations shall be
					 filed in the format required by the Commission. The application shall be
					 complete and include, at a minimum: for surface mining activities, all the
					 applicable information required under §§12.116-12.123, 12.124-12.138,
					 and 12.139-12.154 of this title (relating to Surface Mining Permit
					 Applications--Minimum Requirements for Legal, Financial, Compliance, and
					 Related Information, to Surface Mining Permit Applications--Minimum
					 Requirements for Information on Environmental Resources, and to Surface Mining
					 Permit Applications--Minimum Requirements for Reclamation and Operation Plan);
					 for underground mining activities, all the information required under
					 §§12.155-12.163, 12.170-12.184, and 12.185-12.199 of this title
					 (relating to Underground Mining Permit Applications--Minimum Requirements for
					 Legal, Financial, Compliance, and Related Information, to Underground Mining
					 Permit Applications Applications--Minimum Requirements for Information on
					 Environmental Resources, and Underground Mining Permit Applications--Minimum
					 Requirements for Reclamation and Operation Plan); and, for special types of
					 surface coal mining and reclamation operations, all the information required
					 under §§
											RSA
					 12.200-RSA
					 12.205 of this title (relating to
					 Requirements for Permits for Special Categories of Mining).
(b) Information set forth in the application
					 shall be current, presented clearly and concisely, and supported by appropriate
					 references to technical and other written material available to the
					 Commission.
(c) All technical data
					 submitted in the application shall be accompanied by:
(1) names of persons or organizations which
					 collected and analyzed such data;
(2) dates of the collection and analyses;
					 and
(3) descriptions of methodology
					 used to collect and analyze the data.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 2 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 12.108 - Permit Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Application
					 Fees. Each application for a surface coal mining and reclamation permit or
					 renewal or revision of a permit shall be accompanied by a fee. The initial
					 application fee and the application fee for renewal of a permit may be paid in
					 equal annual installments during the term of the permit. The fee schedule is as
					 follows:
(1) application for a permit:
					 $5,000.
(2) application for
					 revision of a permit: $500.
(3)
					 application for renewal of a permit: $3,000.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 3 - GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 12.109 - Scope

Current through Reg. 49, No. 28; July 12, 2024
This section and §§
											RSA
						12.110-RSA
						12.115 of this title (relating to General
						Requirements for Coal Exploration) establish the minimum requirements for the
						Secretary's approval of regulatory program coal exploration procedures, and
						apply to the Commission and to any person who conducts or seeks to conduct coal
						exploration outside of the permit area.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 3 - GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 12.110 - General Requirements: Exploration of Less Than 250 Tons

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person who
					 intends to conduct coal exploration during which less than 250 tons of coal
					 will be removed in the area to be explored shall, prior to conducting the
					 exploration, file with the Commission a written notice of intention to
					 explore.
(b) The notice shall
					 include:
(1) the name, address, and telephone
					 number of the person seeking to explore;
(2) the name, address, and telephone number
					 of the representative who will be present at and responsible for conducting the
					 exploration activities;
(3) a
					 precise description and map, at a scale of 1:24,000 or larger, of the
					 exploration area;
(4) a statement
					 of the period of intended exploration;
(5) if the surface is owned by a person other
					 than the person who intends to explore, a description of the basis upon which
					 the person who will explore claims the right to enter such area for the purpose
					 of conducting exploration and reclamation; and
(6) a description of the practices proposed
					 to be followed to protect the environment from adverse impacts as a result of
					 the exploration activities.