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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.570 - Primary Roads

Current through Reg. 49, No. 28; July 12, 2024
Primary roads shall meet the requirements of §12.569
						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 with experience in the
					 design and construction of roads. 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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.571 - Utility Installations

Current through Reg. 49, No. 28; July 12, 2024
All underground mining activities 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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.572 - 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 plant to which it is incident or from which its operation
					 results.
(b) In addition to the
					 other provisions of §§
											RSA
					 12.500-RSA 12.571
					 of this title (relating to Permanent Program Performance Standards--Underground
					 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 4 - PERMANENT PROGRAM PERFORMANCE STANDARDS - AUGER MINING › Section 12.600 - Auger Mining: Additional Performance Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Any auger mining associated with surface
					 mining activities shall be conducted to maximize recoverability of mineral
					 reserves remaining after the mining activities are completed. Each person who
					 conducts auger mining operations shall leave access for removal of those
					 reserves by future underground mining activities, unless the Commission
					 determines that the coal reserves have been depleted or are limited in
					 thickness or extent to the point that it will not be practicable to recover the
					 remaining coal reserves. The Commission shall make such determination only upon
					 presentation of appropriate technical evidence by the operator. Undisturbed
					 areas of coal shall be left in unmined sections which:
(1) are a minimum of 250 feet wide at any
					 point between each group of auger openings to the full depth of the auger
					 hole;
(2) are no more than 2,500
					 feet apart, measured from the center of one section to the center of the next
					 section, unless a greater distance is set forth in the permit application under
					 §
												RSA 12.203 of
					 this title (relating to Augering) and approved by the Commission; and
(3) for multiple seam mining, shall have a
					 width of at least 250 feet plus 50 feet for each subjacent workable coal seam.
					 The centers of all unmined sections shall be aligned vertically.
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 5 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - OPERATIONS IN ALLUVIAL VALLEY FLOORS › Section 12.610 - Alluvial Valley Floors: Essential Hydrologic Functions

Current through Reg. 49, No. 28; July 12, 2024
(a) Surface coal mining and reclamation
					 operations shall be conducted to preserve, throughout the mining and
					 reclamation process, the essential hydrologic functions of alluvial valley
					 floors not within an affected area. These functions shall be preserved by
					 maintaining those geologic, hydrologic and biologic characteristics that
					 support those functions.
(b)
					 Surface coal mining and reclamation operations shall be conducted to
					 reestablish, throughout the mining and reclamation process, the essential
					 hydrologic functions of alluvial valley floors within an affected area. These
					 functions shall be reestablished by reconstructing those geologic, hydrologic
					 and biologic characteristics that support those functions.
(c) The characteristics that support the
					 essential hydrologic functions of alluvial valley floors are those in §
											RSA
					 12.202<subdiv>(b)(3)</subdiv> of
					 this title (relating to Surface Coal Mining and Reclamation Operations on Areas
					 or Adjacent to Areas Including Alluvial Valley Floors in the Arid or Semiarid
					 Areas West of the 100th Meridian) and those other geologic, hydrologic, or
					 biologic characteristics identified during premining investigations, or
					 monitoring conducted during the surface coal mining and reclamation
					 operation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 5 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - OPERATIONS IN ALLUVIAL VALLEY FLOORS › Section 12.611 - Alluvial Valley Floors: Protection of Farming and Water Supplies

Current through Reg. 49, No. 28; July 12, 2024
(a) Surface coal
					 mining and reclamation operations shall not interrupt, discontinue, or preclude
					 farming on alluvial valley floors, unless:
(1) the premining land use is undeveloped
					 rangeland which is not significant to farming; or
(2) the area of affected alluvial valley
					 floor is small and provides or may provide negligible support for production
					 from one or more farms.
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 5 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - OPERATIONS IN ALLUVIAL VALLEY FLOORS › Section 12.612 - Alluvial Valley Floors: Protection of Agricultural Uses

Current through Reg. 49, No. 28; July 12, 2024
Surface coal mining and reclamation operations shall be
						conducted to ensure that the agricultural utility and the level of productivity
						of alluvial valley floors in affected areas are
						reestablished.
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 5 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - OPERATIONS IN ALLUVIAL VALLEY FLOORS › Section 12.613 - Alluvial Valley Floors: Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) An
					 environmental monitoring system shall be installed, maintained and operated by
					 the permittee on all alluvial valley floors during surface coal mining and
					 reclamation operations and continued until all bonds are released in accordance
					 with §
											RSA
					 12.312 and §
											RSA
					 12.313 of this title (relating to Procedures,
					 Criteria, and Schedule for Release of Performance Bond). The monitoring system
					 shall provide sufficient information to allow the Commission to determine that:
(1) the agricultural utility and production
					 of the alluvial valley floor not within the affected area is being
					 preserved;
(2) the potential
					 agricultural utility and production on the alluvial valley floor within the
					 affected area has been reestablished;
(3) the important characteristics supporting
					 the essential hydrologic functions of the alluvial valley floor in the affected
					 area have been reestablished after mining; and
(4) the important characteristics supporting
					 the essential hydrologic functions of any alluvial valley floor in areas not
					 affected are preserved during and after mining.
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 6 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 12.620 - Prime Farmland: Applicability and Special Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The requirements of this section and
					 §§
											RSA
					 12.621,
					 RSA
					 12.622,
					 RSA
					 12.624, and
					 RSA
					 12.625 of this title (relating to Special
					 Permanent Program Performance Standards--Operations on Prime Farmland) shall
					 not apply to:
(1) coal processing plants and
					 roads of underground mines that are actively used over extended periods of time
					 and where such uses affect a minimal amount of land. Such uses shall meet the
					 requirements of §§
												RSA
					 12.500-RSA 12.572 of
					 this title (relating to Permanent Program Performance Standards --Underground
					 Mining Activities) for underground mining activities; or
(2) prime farmland that has been excluded in
					 accordance with §
												RSA
					 12.201<subdiv>(a)</subdiv> of
					 this title (relating to Prime Farmland).
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 6 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 12.621 - Prime Farmland: Soil Removal

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Surface coal mining and reclamation operations on prime farmland shall be
					 conducted to:
(1) separately remove the
					 topsoil, or remove other suitable soil materials which will create a final soil
					 having a greater productive capacity than that which existed prior to mining;
					 and
(2) separately remove the B or
					 C horizon or other suitable soil material to provide the thickness of suitable
					 soil required by §
												RSA
					 12.624 of this title (relating to Prime
					 Farmland: Soil Replacement).
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 6 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 12.622 - Prime Farmland: Soil Stockpiling

Current through Reg. 49, No. 28; July 12, 2024
(a) If
					 not utilized immediately, the topsoil or other suitable soil materials
					 specified in §
											RSA
					 12.621<subdiv>(a)(1)</subdiv> of
					 this title (relating to Prime Farmland: Soil Removal) shall be placed in
					 stockpiles separate from the spoil and all other excavated materials.
(b) If not utilized immediately, each horizon
					 or other material specified in §
											RSA
					 12.621<subdiv>(a)(2)</subdiv> of
					 this title (relating to Prime Farmland: Soil Removal) shall be stockpiled
					 separately from the spoil and all other excavated materials. Where combinations
					 of such soil materials created by mixing have been shown to be equally or more
					 favorable for plant growth than the B horizon, separate handling is not
					 necessary.
(c) Stockpiles shall be
					 placed within the permit area where they will not be disturbed or be subject to
					 excessive erosion. If left in place for more than 30 days, stockpiles shall
					 meet the requirements of §
											RSA
					 12.336 or §
											RSA
					 12.506 of this title (relating to Topsoil:
					 Storage).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 7 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED AT OR NEAR THE MINESITE OR NOT WITHIN THE PERMIT AREA FOR A MINE › Section 12.650 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
Each person who conducts surface coal mining and
						reclamation operations, which includes the operation of a coal processing plant
						or support facility which is not located within the permit area for a specific
						mine, shall obtain a permit in accordance with §
											RSA
						12.204 of this title (relating to Coal
						Processing Plants or Support Facilities Not Located Within the Permit Area of a
						Specified Mine) to conduct those operations and comply with §
											RSA
						12.651 of this title (relating to Coal
						Processing Plants: Performance Standards).
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 8 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - IN SITU PROCESSING › Section 12.660 - In Situ Processing: Performance Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The person who conducts in
					 situ-processing activities shall comply with §§
											RSA
					 12.500-RSA 12.572 of
					 this title (relating to Permanent Program Performance Standards--Underground
					 Mining Activities) and this section.
(b) In situ-processing activities shall be
					 planned and conducted to minimize disturbance to the prevailing hydrologic
					 balance by:
(1) avoiding discharge of fluids
					 into holes or wells, other than as approved by the Commission;
(2) injecting process recovery fluids only
					 into geologic zones or intervals approved as production zones by the
					 Commission;
(3) avoiding annular
					 injection between the wall of the drill hole and the casing; and
(4) preventing discharge of process fluid
					 into 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 8 - SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS - IN SITU PROCESSING › Section 12.661 - In Situ Processing: Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) Each person who conducts in
					 situ-processing activities shall monitor the quality and quantity of surface
					 and ground water and the subsurface flow and storage characteristics, in a
					 manner approved by the Commission under §
											RSA
					 12.519 of this title (relating to Hydrologic
					 Balance: Surface and Ground-Water Monitoring), to measure changes in the
					 quantity and quality of water in surface- and ground-water systems in the
					 permit and adjacent areas.
(b) Air-
					 and water-quality monitoring shall be conducted in accordance with monitoring
					 programs approved by the Commission as necessary according to appropriate
					 federal and state air- and water-quality standards.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 1 - COMMISSION INSPECTION AND ENFORCEMENT › Section 12.670 - Inspections by the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The Commission shall conduct an average of at least one partial inspection per
					 month of each surface coal mining and reclamation operation under its
					 jurisdiction. A "partial inspection" is an onsite review of a person's
					 compliance with some of the permit conditions and requirements imposed under
					 the state program. The inspector shall collect evidence of any violation of
					 those conditions or requirements observed.
(b) The Commission shall conduct an average
					 of at least one complete inspection per calendar quarter of each surface coal
					 mining and reclamation operation under its jurisdiction. A "complete
					 inspection" is an onsite review of a person's compliance with all permit
					 conditions and requirements imposed under the state program, within the entire
					 area disturbed or affected by surface coal mining and reclamation operations.
					 This includes collection of evidence with respect to every violation of those
					 conditions or requirements.
(c) The
					 Commission shall conduct periodic inspections of all coal exploration
					 operations required to comply in whole or in part with the Act and this chapter
					 (relating to Coal Mining Regulations). Such inspections shall include the
					 collection of evidence with respect to every violation of any condition of the
					 exploration approval or any requirement of the Act or this chapter (relating to
					 Coal Mining Regulations).
(d) The
					 inspections required under subsections (a), (b) and (c) of this section shall:
(1) be carried out on an irregular basis, so
					 as to monitor compliance at all operations, including those which operate
					 nights, weekends, or holidays;
(2)
					 occur without prior notice to the person being inspected or any agent or
					 employee of such person, except for necessary on-site meetings; and
(3) include the prompt filing of inspection
					 reports adequate to enforce the requirements of and to carry out the terms and
					 purposes of the Act, this chapter (relating to Coal Mining Regulations), the
					 exploration approval and the permit.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 1 - COMMISSION INSPECTION AND ENFORCEMENT › Section 12.671 - Right of Entry

Current through Reg. 49, No. 28; July 12, 2024
(a) Within its
					 jurisdiction, the Commission shall have a right of entry to, upon, and through
					 any coal exploration or surface coal mining and reclamation operation without
					 advance notice or search warrant, upon presentation of appropriate
					 credentials.
(b) The Commission
					 shall inspect any monitoring equipment or method of exploration or operation
					 and to have access to and copy any records required under the Act, this chapter
					 (relating to Coal Mining Regulations), the exploration approval, or the permit.
					 The representatives of the Commission may exercise such rights at reasonable
					 times, without advance notice, upon presentation of appropriate credentials. No
					 search warrant shall be required, except that Texas may provide for its use
					 with respect to entry into a building.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 1 - COMMISSION INSPECTION AND ENFORCEMENT › Section 12.672 - Availability of Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
					 shall make available to the Director and the Regional Director, upon request,
					 copies of all documents relating to applications for and approvals of existing,
					 new, or revised coal exploration approvals or surface coal mining and
					 reclamation operations permits and all documents relating to inspection and
					 enforcement actions.
(b) Except as
					 provided in §
											RSA
					 12.115 and §
											RSA
					 12.210 of this title (relating to Public
					 Availability of Information, and to Public Availability of Information in
					 Permit Applications On File With the Commission) and subsection (c) of this
					 section, copies of all records, reports, inspection materials, or information
					 obtained by the Commission shall, in accordance with the Texas Open Records Act
					 (Texas Government Code, Chapter 552), be made immediately available to the
					 public in the area of mining so that they are conveniently available to
					 residents of that area until at least 5 years after expiration of the period
					 during which the subject surface coal mining and reclamation operation is
					 active or is covered by any portion of a reclamation bond. For the purposes of
					 this subsection, "immediately available" shall include providing copies of
					 subject information promptly by mail.
(1) A
					 description of the information available for mailing and the procedure for
					 obtaining such information will be maintained for public inspection at a
					 federal, state, or local government office in the county where the mining is
					 occurring or proposed to occur.
(2)
					 Copies of subject information may, at the option of the Commission, be provided
					 promptly by mail to a requestor who is a resident of the area where the mining
					 is occurring or is proposed to occur, at no expense to the resident.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 1 - COMMISSION INSPECTION AND ENFORCEMENT › Section 12.673 - Citizens' Requests for Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) A citizen may request an inspection under
					 §
											RSA
					 12.670<subdiv>(e)</subdiv> of
					 this title (relating to Inspections by the Commission), by furnishing to an
					 authorized representative of the Commission a signed, written statement (or an
					 oral report followed by a signed, written statement) giving the authorized
					 representative reason to believe that a violation, condition, or practice
					 referred to in §
											RSA
					 12.670<subdiv>(e)(1)</subdiv> of
					 this title (relating to Inspections by the Commission) exists and setting forth
					 a phone number and address where the citizen can be contacted.
(b) The identity of any person supplying
					 information to the Commission relating to a possible violation or imminent
					 danger or harm shall remain confidential with the Commission, if requested by
					 that person, unless that person elects to accompany the inspector on the
					 inspection.
(c) If an inspection is
					 conducted as a result of information provided to the Commission by a citizen as
					 described in subsection (a) of this section, the citizen shall be notified as
					 far in advance as practicable when the inspection is to occur and shall be
					 allowed to accompany the authorized representative of the Commission during the
					 inspection. Such person has a right of entry to, upon and through the coal
					 exploration or surface coal mining and reclamation operation about which he or
					 she supplied information, but only if he or she is in the presence of and is
					 under the control, direction and supervision of the authorized representative
					 while on the mine property. Such right of entry does not include a right to
					 enter buildings without consent of the person in control of the building or
					 without a search warrant.
(d)
					 Within 10 days of the inspection or, if there is no inspection, within 15 days
					 of receipt of the citizen's written statement, the Commission shall send the
					 citizen the following:
(1) if an inspection
					 was made, a description of the enforcement action taken, which may consist of
					 copies of the inspection report and all notices of violation and cessation
					 orders issued as a result of the inspection or an explanation of why no
					 enforcement action was taken;
(2)
					 if no inspection was conducted, an explanation of the reason why; and
(3) an explanation of the citizen's right, if
					 any, to informal review of the action or inaction of the Commission under
					 §
												RSA
					 12.675 of this title (relating to Review of
					 Decision Not to Inspect or Enforce).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 1 - COMMISSION INSPECTION AND ENFORCEMENT › Section 12.674 - Review of Adequacy and Completeness of Inspections

Current through Reg. 49, No. 28; July 12, 2024
Any person who is or may be adversely affected by a
						surface coal mining and reclamation operation or a coal exploration operation
						may notify the Commission in writing of any alleged failure on the part of the
						Commission to make adequate and complete or periodic inspections as provided in
						§
											RSA
						12.670<subdiv>(e)(1)</subdiv> of
						this title (relating to Inspections by the Commission). The notification shall
						include sufficient information to create a reasonable belief that §
											RSA
						12.670<subdiv>(e)(1)</subdiv> of
						this title (relating to Inspections by the Commission) is not being complied
						with and to demonstrate that the person is or may be adversely affected. The
						Director of the Surface Mining and Reclamation Division shall, within 15 days
						of receipt of the notification, determine whether §
											RSA
						12.670<subdiv>(e)(1)</subdiv> of
						this title (relating to Inspections by the Commission) is being complied with,
						and if not, shall immediately order an inspection to remedy the noncompliance.
						The Director of the Surface Mining and Reclamation Division shall also furnish
						the complainant with a written statement of the reasons for such determination
						and the actions, if any, taken to remedy the noncompliance.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 1 - COMMISSION INSPECTION AND ENFORCEMENT › Section 12.675 - Review of Decision Not To Inspect or Enforce

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person who is or may be adversely
					 affected by a coal exploration or surface coal mining and reclamation operation
					 may ask the Commission to review informally an authorized representative's
					 decision not to inspect or take appropriate enforcement action with respect to
					 any violation alleged by that person in a request for inspection under §
											RSA
					 12.673 of this title (relating to Citizens'
					 Requests for Inspections). The request for review shall be in writing and
					 include a statement of how the person is or may be adversely affected and why
					 the decision merits review.
(b) The
					 Commission shall conduct the review and inform the person, in writing, of the
					 results of the review within 30 days of his or her receipt of the request. The
					 person alleged to be in violation shall also be given a copy of the results of
					 the review, except that the name of the citizen shall not be disclosed unless
					 confidentiality has been waived or disclosure is required.
(c) Informal review under this section shall
					 not affect any right to formal review under §§134.058-134.064 of the
					 Act or to a citizen's suit under §§134.182-134.187 of the
					 Act.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 1 - COMMISSION INSPECTION AND ENFORCEMENT › Section 12.676 - Alternative Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) General
					 provisions.
(1) Whenever a court of competent
					 jurisdiction enters a judgment against or convicts a person under the
					 provisions of this section, the Commission will update AVS to reflect the
					 judgment or conviction.
(2) The
					 existence of a performance bond or bond forfeiture cannot be used as the sole
					 basis for determining that an alternative enforcement action is
					 unwarranted.
(3) Nothing in this
					 part eliminates or limits any additional enforcement rights or procedures
					 available to a permittee or an applicant under Federal or State
					 law.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 2 - ENFORCEMENT › Section 12.677 - Cessation Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) Conditions,
					 practices, or violations warranting a cessation order.
(1) An authorized representative of the
					 Commission shall immediately order a cessation of surface coal mining and
					 reclamation operations or of the relevant portion thereof, if he or she finds,
					 on the basis of any inspection, any condition or practice, or any violation of
					 the Act, this chapter (relating to Coal Mining Regulations), or any condition
					 of an exploration approval or permit imposed under the Act or this chapter
					 (relating to Coal Mining Regulations), which:
(A) creates an imminent danger to the health
					 or safety of the public; or
(B) is
					 causing or can reasonably be expected to cause significant, imminent
					 environmental harm to land, air, or water resources.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 2 - ENFORCEMENT › Section 12.678 - Notices of Violation

Current through Reg. 49, No. 28; July 12, 2024
(a) An
					 authorized representative of the Commission shall issue a notice of violation
					 if, on the basis of an inspection he finds a violation of the Act, this chapter
					 (relating to Coal Mining Regulations), or any condition of a permit or an
					 exploration approval imposed under such program, the Act, or this chapter
					 (relating to Coal Mining Regulations), which does not create an imminent danger
					 or harm for which a cessation order must be issued under §
											RSA
					 12.677 of this title (relating to Cessation
					 Orders).
(b) A notice of violation
					 issued under this section shall be in writing, signed by the authorized
					 representative who issues it, and shall set forth with reasonable specificity:
(1) the nature of the violation;
(2) the remedial action required, which may
					 include interim steps;
(3) a
					 reasonable time for abatement, which may include time for accomplishment of
					 interim steps; and
(4) a reasonable
					 description of the portion of the coal exploration or surface coal mining and
					 reclamation operation to which it applies.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 2 - ENFORCEMENT › Section 12.679 - Suspension or Revocation of Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Pattern of violations.
(1) Except as provided in subsection (b) of
					 this section, the Director of the Surface Mining and Reclamation Division shall
					 issue an order to a permittee requiring the permittee to show cause why the
					 permit and right to mine under the Act should not be suspended or revoked if
					 the Director of the Surface Mining and Reclamation Division determines that a
					 pattern of violations of any requirements of the Act, this chapter (relating to
					 Coal Mining Regulations), or any permit condition required by the Act exists or
					 has existed, and that the violations were caused by the permittee willfully or
					 through unwarranted failure to comply with those requirements or conditions.
					 Violations by any person conducting surface coal mining operations on behalf of
					 the permittee shall be attributed to the permittee, unless the permittee
					 establishes that they were acts of deliberate sabotage.
(2) The Director of the Surface Mining and
					 Reclamation Division may determine that a pattern of violations exists or has
					 existed, based on two or more inspections of the permit area within any
					 12-month period, after considering the circumstances, including:
(A) the number of violations, cited on more
					 than one occasion, of the same or related requirements of the Act, this chapter
					 (relating to Coal Mining Regulations), or the permit;
(B) the number of violations, cited on more
					 than one occasion, of different requirements of the Act, this chapter , the
					 applicable program, or the permit; and
(C) the extent to which the violations were
					 isolated departures from lawful conduct.
(3) The Director of the Surface Mining and
					 Reclamation Division shall determine that a pattern of violations exists, if
					 the Director finds that there were violations of the same or related
					 requirements of the Act, this chapter , or the permit during three or more
					 inspections of the permit area within any 12-month period.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 2 - ENFORCEMENT › Section 12.680 - Service of Notices of Violation, Cessation Orders, and Show Cause Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) A notice of
					 violation or cessation order shall be served on the person to whom it is
					 directed or his designated agent promptly after issuance, as follows:
(1) by tendering a copy at the coal
					 exploration or surface coal mining and reclamation operation to the designated
					 agent or to the individual who, based upon reasonable inquiry by the authorized
					 representative, appears to be in charge of the coal exploration or surface coal
					 mining and reclamation operation referred to in the notice or order. If no such
					 individual can be located at the site, a copy may be tendered to any individual
					 at the site who appears to be an employee or agent of the person to whom the
					 notice or order is issued. Service shall be complete upon tender of the notice
					 or order and shall not be deemed incomplete because of refusal to accept;
					 or
(2) as an alternative to
					 paragraph (1) of this subsection, service may be made by sending a copy of the
					 notice or order by certified mail or by hand to the person to whom it is issued
					 or his designated agent. Service shall be complete upon tender of the notice or
					 order or of the mail and shall not be deemed incomplete because of refusal to
					 accept.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 2 - ENFORCEMENT › Section 12.681 - Informal Public Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
					 provided in subsections (b) and (c) of this section, a notice of violation or
					 cessation order which requires cessation of mining, expressly or by necessary
					 implication, shall expire within 30 days after it is served unless an informal
					 public hearing has been held within that time. The hearing shall be held at or
					 reasonably close to the mine site so that it may be viewed during the hearing,
					 or at any other location acceptable to the Commission and the person to whom
					 the notice or order was issued. The field office of the Division nearest to the
					 mine site shall be deemed to be reasonably close to the mine site unless a
					 closer location is requested and agreed to by the Commission. Expiration of a
					 notice or order shall not affect the Commission's right to assess civil
					 penalties with respect to the period during which the notice or order was in
					 effect for the violations mentioned in the notice or order under §§
											RSA
					 12.686-
					 RSA
					 12.694 of this title (relating to Civil
					 Penalties). No hearing will be required where the condition, practice, or
					 violation in question has been abated or the hearing has been waived. For
					 purposes of this section only, mining includes:
(1) extracting coal from the earth or coal
					 waste piles and transporting it within or from the area; and
(2) the processing, cleaning, concentrating,
					 preparing, or loading of the coal where such operations occur at a place other
					 than at a mine site.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 2 - ENFORCEMENT › Section 12.682 - Formal Review of Notice of Violation or Cessation Order

Current through Reg. 49, No. 28; July 12, 2024
(a) A person issued a notice of violation or
					 cessation order under §
											RSA
					 12.677 or §
											RSA
					 12.678 of this title (relating to Cessation
					 Orders, and Notices of Violation), or a person having an interest which may be
					 adversely affected by the issuance, modification, vacation, or termination of a
					 notice or order, may request review of that action by filing an application for
					 review and request for a hearing pursuant to §§134.168 - 134.172 of
					 the Act and the APA, within 30 days after receiving notice of the
					 action.
(b) The filing of an
					 application for review and request for a hearing under this section shall not
					 operate as a stay of any notice or order, or any modification, termination or
					 vacation, of either.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 2 - ENFORCEMENT › Section 12.683 - Inability To Comply

Current through Reg. 49, No. 28; July 12, 2024
(a) No cessation
					 order or notice of violation issued under §§
											RSA
					 12.677-RSA 12.684 of
					 this title (relating to Enforcement) may be vacated because of inability to
					 comply.
(b) Inability to comply may
					 not be considered in determining whether a pattern of violations
					 exists.
(c) Unless caused by lack
					 of diligence, inability to comply may be considered only in mitigation of the
					 amount of civil penalty under §§
											RSA
					 12.686-RSA
					 12.694 of this title (relating to Civil
					 Penalties) and of the duration of the suspension of a permit.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 2 - ENFORCEMENT › Section 12.684 - Injunctive Relief

Current through Reg. 49, No. 28; July 12, 2024
The Commission may request the Attorney General of Texas
						to institute a civil action for relief, including a permanent or temporary
						injunction, restraining order or any other order, in the district court of
						Travis County, or in the district in which the coal exploration or surface coal
						mining and reclamation operation is located or in which the person to whom the
						notice of violation or order has been issued has his principal office, whenever
						that person or his or her agent, in violation of the Act, this chapter
						(relating to Coal Mining Regulations), or any condition of an exploration
						approval or permit imposed under the Act or this chapter (relating to Coal
						Mining Regulations):
(1) violates or
					 fails or refuses to comply with any order or decision of the
					 Commission;
(2) interferes with,
					 hinders or delays the Commission in carrying out the provisions of the Act or
					 this chapter (relating to Coal Mining Regulations);
(3) refuses to admit an authorized
					 representative of the Commission to a mine;
(4) refuses to permit inspection of a mine by
					 an authorized representative of the Commission;
(5) refuses to furnish any required
					 information or report;
(6) refuses
					 to permit access to or copying of any required records; or
(7) refuses to permit inspection of
					 monitoring equipment.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 3 - CIVIL PENALTIES › Section 12.686 - When Penalty Will Be Assessed

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The Commission shall assess a penalty for each cessation order.
(b) The Commission shall assess a penalty for
					 each notice of violation, if the violation is assigned 31 points or more under
					 the point system described in §
											RSA
					 12.687 of this title (relating to Point
					 System for Penalties).
(c) The
					 Commission may assess a penalty for each notice of violation assigned 30 points
					 or less under the point system described in §
											RSA
					 12.687 of this title (relating to Point
					 System for Penalties). In determining whether to assess a penalty, the
					 Commission shall consider the factors listed in §
											RSA
					 12.687<subdiv>(b)</subdiv> of
					 this title (relating to Point System for Penalties).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 3 - CIVIL PENALTIES › Section 12.687 - Point System for Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The Commission shall use the point system described in this section to
					 determine the amount of the penalty and, in the case of notices of violation,
					 whether a mandatory penalty should be assessed as provided in §
											RSA
					 12.686<subdiv>(b)</subdiv> of
					 this title (relating to When Penalty Will Be Assessed).
(b) Points shall be assigned as follows:
(1) History of previous violations. The
					 commission shall assign up to 30 points based on the history of previous
					 violations. One point shall be assigned for each past violation contained in a
					 notice of violation. Five points shall be assigned for each violation (but not
					 a condition or practice) contained in a cessation order. The history of
					 previous violations, for the purpose of assigning points, shall be determined
					 and the points assigned with respect to a particular coal exploration or
					 surface coal mining operation. Points shall be assigned as follows:
(A) a violation shall not be counted, if the
					 notice or order is the subject of pending administrative or judicial review or
					 if the time to request such review or to appeal any administrative or judicial
					 decision has not expired, and thereafter it shall be counted for only one
					 year;
(B) no violation for which
					 the notice or order has been vacated shall be counted; and
(C) each violation shall be counted without
					 regard to whether it led to a civil penalty assessment;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 3 - CIVIL PENALTIES › Section 12.688 - Determination of Amount of Penalty

Current through Reg. 49, No. 28; July 12, 2024
The Commission shall determine the amount of any civil
						penalty by converting the total number of points assigned under §
											RSA
						12.687 of this title (relating to Point
						System for Penalties) to a dollar amount, according to the following
						schedule:
Attached
						Graphic
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 3 - CIVIL PENALTIES › Section 12.690 - Waiver of Use of Formula To Determine Civil Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) The Director of the Surface Mining and
					 Reclamation Division, upon his own initiative or upon written request received
					 within 15 days of issuance of a notice of violation or a cessation order, may
					 waive the use of the formula contained in §
											RSA
					 12.687 of this title (relating to Point
					 System for Penalties) to set the civil penalty, if he or she determines that,
					 taking into account exceptional factors present in the particular case, the
					 penalty is demonstrably unjust. However, he shall not waive the use of the
					 formula or reduce the proposed assessment on the basis of an argument that a
					 reduction in the proposed penalty could be used to abate violations of the Act,
					 this chapter (relating to Coal Mining Regulations), or any condition of any
					 permit or exploration approval. The basis for every waiver shall be fully
					 explained and documented in the records of the case.
(b) If the Director of the Surface Mining and
					 Reclamation Division waives the use of the formula, he or she shall use the
					 criteria set forth in §
											RSA
					 12.687<subdiv>(b)</subdiv> of
					 this title (relating to Point System for Penalties) to determine the
					 appropriate penalty. When the Director of the Surface Mining and Reclamation
					 Division has elected to waive the use of the formula, he or she shall give a
					 written explanation of the basis for the assessment made to the person to whom
					 the notice or order was issued.