reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 5 - URANIUM EXPLORATION PERMITS AND PERMIT FEES › Section 11.142 - Groundwater Analysis and Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) Each exploration permittee shall perform
					 groundwater quality testing required under §
											RSA
					 11.141<subdiv>(a) and
					 (b)</subdiv> of this title (relating to
					 Groundwater Quality and Well Information) for the parameters listed in Table 1.
					 Each permittee shall ensure that analyses are conducted in accordance with
					 protocols set forth in
Standard Methods for Examination of Water and
					 Wastewater,
2005, 21st edition;
Methods for Chemical Analysis
					 of Water and Wastes,
1979 (EPA-600/4-79-020); and
Test
					 Methods: Technical Additions to Methods for Chemical Analysis of Water and
					 Wastes,
1982 (EPA-600/4-82-055).
Attached
						Graphic
(b) In
					 addition to reporting the analytical results as required by §
											RSA
					 11.141 of this title, each permittee shall
					 report to the division and to the groundwater conservation district the
					 following information:
(1) a water level from
					 each cased exploration well completed under the exploration permit and from
					 existing wells identified in §
												RSA
					 11.141 of this title, if the permittee
					 determines it is possible to obtain a water level without pulling the pump or
					 risking damage to the well; and
(2)
					 analysis sheets from the laboratory containing:
(A) name, address, and telephone number of
					 the analytical laboratory;
(B) date
					 of sample collection;
(C) date of
					 sample receipt by the laboratory;
(D) date of laboratory
					 analysis/report;
(E) laboratory
					 sample identification;
(F) name and
					 signature of laboratory personnel responsible for the analysis; and
(G) the analysis results.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 6 - URANIUM SURFACE MINING RECLAMATION › Section 11.151 - Surface Mining Reclamation Plan

Current through Reg. 49, No. 28; July 12, 2024
A reclamation plan, which is an essential element of the
						surface mining permit application, shall be developed in a manner consistent
						with local, physical, environmental, and climatological conditions and current
						mining and reclamation technologies and shall include where applicable the
						following information:
(1) the
					 identification of the entire area to be mined and affected over the estimated
					 life of the mining operation;
(2)
					 the condition of the land to be covered by the permit prior to any mining,
					 including:
(A) the uses existing at the time
					 of the application, and if the land has a history of previous mining, the uses,
					 if reasonably ascertainable, which immediately preceded any mining;
					 and
(B) the capability of the land
					 prior to any mining to support a variety of uses, giving consideration to soil
					 and foundation characteristics, topography, and vegetative cover;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 6 - URANIUM SURFACE MINING RECLAMATION › Section 11.153 - Alternative Methods

Current through Reg. 49, No. 28; July 12, 2024
A method of reclamation other than that provided in
						§
											RSA
						11.151 of this title (relating to Surface
						Mining Reclamation Plan) and §
											RSA
						11.152 of this title (relating to Surface
						Mining Reclamation Standards) may be approved by the commission after public
						hearing, if the commission determines that any method of reclamation required
						by this section is not practicable and that such alternative method will
						provide for the affected land to be restored to a substantially beneficial
						condition.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 6 - URANIUM SURFACE MINING RECLAMATION › Section 11.154 - Amendments

Current through Reg. 49, No. 28; July 12, 2024
The operator may revise or amend the approved reclamation
						plan at any time in accordance with the requirements of §
											RSA
						11.114 of this title (relating to Revision on
						Motion or with Consent).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 7 - DESIGNATION OF LANDS UNSUITABLE FOR SURFACE MINING › Section 11.161 - Procedure for Petition

Current through Reg. 49, No. 28; July 12, 2024
Any person wishing to have an area designated as
						unsuitable for surface mining operations or to have such designation terminated
						shall file four copies of a petition with the commission. Such petition shall
						contain the following.
(1) A map,
					 which shall be a topographical map of a scale no smaller than one inch equal to
					 500 feet showing the location of the area on which the petition is
					 filed.
(2) A statement disclosing
					 all property or other interests in the land covered by the petition or in any
					 other lands within five miles which are owned or held, directly or indirectly,
					 by the petitioner or any member of his family.
(3) A listing of local governmental bodies,
					 planning agencies, sewage and water treatment authorities, or water companies
					 having jurisdiction over or in the locality of the proposed designation and
					 people residing within the boundaries of the proposed designation.
(4) If the petition is for the purpose of
					 designating an area unsuitable for surface mining, a statement setting forth
					 the types of surface mining that will cause the adverse impact and how the
					 surface mining methods will cause an adverse impact.
(5) A statement setting forth, in detail, all
					 facts on which the petition is based.
(6) Documentary or other evidence in support
					 of the facts alleged in the petition.
(7) If the petition is for the purpose of
					 terminating an unsuitable designation, a detailed statement setting forth:
(A) the potential ore or other resources of
					 the area;
(B) the demand for such
					 resources; and
(C) the impact of a
					 designation of the land unsuitable for surface mining on the environment, the
					 economy, and the supply of the minerals identified in this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 7 - DESIGNATION OF LANDS UNSUITABLE FOR SURFACE MINING › Section 11.162 - Determination of Petition Validity

Current through Reg. 49, No. 28; July 12, 2024
Within 30 days following the date of receipt by the
						commission of the petition to declare lands unsuitable for surface mining or to
						modify or terminate the designation, the commission shall determine the
						completeness and validity of the petition and notify the petitioner of the
						results of such determination. If the petition is found to be complete and
						valid, it shall be kept on file by the commission and made available for public
						inspection. If the petition is rejected, the notice of rejection shall set
						forth each of the reasons for rejection. The determination to accept or reject
						the petition shall be published in the Texas Register.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 7 - DESIGNATION OF LANDS UNSUITABLE FOR SURFACE MINING › Section 11.163 - Hearing on Petition

Current through Reg. 49, No. 28; July 12, 2024
Upon application for a surface mining permit covering an
						area for which a complete and valid petition to declare lands unsuitable for
						surface mining has been filed, the commission shall hold a hearing to consider
						the petition, in accordance with the notice requirements of §
											RSA
						11.34 of this title (relating to Public
						Hearing), and in addition to such notice shall give notice to those persons and
						entities required to be submitted by the petitioner in §
											RSA
						11.161<subdiv>(2) and
						(3)</subdiv> of this title (relating to
						Procedure for Petition).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 7 - DESIGNATION OF LANDS UNSUITABLE FOR SURFACE MINING › Section 11.164 - Petitions Not Received

Current through Reg. 49, No. 28; July 12, 2024
No petition shall be accepted which covers lands for
						which notice of the filing of an application for a surface mining permit has
						been published pursuant to §
											RSA
						11.31 of this title (relating to Public
						Notice).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 7 - DESIGNATION OF LANDS UNSUITABLE FOR SURFACE MINING › Section 11.165 - Elements of Unsuitability

Current through Reg. 49, No. 28; July 12, 2024
When an application is made to conduct a surface mining
						operation, the commission shall immediately cause the areas proposed to be
						included within the proposed permit to be surveyed prior to the issuance of a
						permit. Following the survey and/or hearing where one is warranted, the area
						may be designated unsuitable for all or certain types of surface mining
						if:
(1) the commission determines that
					 reclamation pursuant to the requirements of the Act is not feasible;
(2) such operations will result in
					 significant damage to important areas of historic, cultural, or archaeological
					 value or to important natural systems;
(3) such operations will affect renewable
					 resource lands resulting in a substantial loss or reduction of long-range
					 productivity of water supply or food or fiber products, such lands to include
					 aquifers and aquifer recharge areas;
(4) such operations are located in areas
					 subject to frequent flooding or areas of unstable geology and may reasonably be
					 expected to endanger life and property;
(5) such operations will adversely affect any
					 national park, national monument, national historic landmark, property listed
					 on the national register of historic places, national forest, national
					 wilderness area, national wildlife refuge, national wild and scenic area, state
					 park, state wildlife refuge, state forest, recorded Texas historic landmark,
					 state historic site, state archaeological landmark or city or county park (a
					 surface mining operation will be presumed to not adversely affect any of the
					 areas listed in this paragraph if the agency or governmental body responsible
					 for such area has no objection to the proposed surface mining
					 operation);
(6) where such
					 operations would endanger any public road, public building, cemetery, school,
					 church, or similar structure or existing dwelling outside the permit area (a
					 surface mining operation will be presumed to not adversely affect any of the
					 preceding if the person or governmental body which owns or is responsible for
					 the administration or maintenance of the above has no objection to the surface
					 mining operation); or
(7) areas
					 subject to frequent flooding or areas located within recharge zones of aquifers
					 which provide drinking water to the public may be unsuitable for conventional
					 surface mining operations and any operations proposed for those areas will be
					 critically evaluated by the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 7 - DESIGNATION OF LANDS UNSUITABLE FOR SURFACE MINING › Section 11.166 - Notice of Existing Unsuitable Designation

Current through Reg. 49, No. 28; July 12, 2024
Within 10 days following receipt of an application for a
						surface mining permit covering an area on which a designation of unsuitability
						for surface mining has been made by the commission, the commission shall
						provide to the applicant a copy of such determination. Applicant may thereafter
						amend the application to eliminate any land covered by the
						designation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 7 - DESIGNATION OF LANDS UNSUITABLE FOR SURFACE MINING › Section 11.167 - Notice of Petition Determination

Current through Reg. 49, No. 28; July 12, 2024
Following a determination by the commission that lands
						are unsuitable for surface mining operations, such determination along with a
						general description of the location of the land(s) shall be published in the
						Texas Register. The publication shall also state that a more precise
						delineation of the land's location may be found in the central office of the
						commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 8 - MINE CLOSING AND RELEASE › Section 11.181 - Surface Mine Closing

Current through Reg. 49, No. 28; July 12, 2024
Any incremental part of a mining operation for which a
						separate bond has been submitted will be considered as closed for the purposes
						of this division at such time as the operator demonstrates to the commission
						that:
(1) all the requirements of
					 Division 6 of this subchapter (relating to Uranium Surface Mining Reclamation)
					 have been met; and
(2) vegetative
					 cover, where required, has sustained itself for a period of four
					 years.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 8 - MINE CLOSING AND RELEASE › Section 11.182 - Surface Mine Release

Current through Reg. 49, No. 28; July 12, 2024
Upon the fulfillment of the requirements set forth in
						§
											RSA
						11.181 of this title (relating to Surface
						Mine Closing), the operator will be released from further responsibility for
						activities and reports required by these sections. The operator will be
						notified in writing by the commission upon such release, which notification
						shall be a prerequisite to final release of bond under §§
											RSA
						11.201-RSA
						11.206 of this title (relating to Amount of
						Bond; Personal Bond; Duration of Liability; Form of Bond or Collateral; Changes
						in Coverage; and Release or Reduction of Bonds).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 9 - REPORTS AND REPORTING › Section 11.191 - Annual Report

Current through Reg. 49, No. 28; July 12, 2024
Unless this requirement is modified or waived by the
						commission, within 90 days after the conclusion of each calendar year, each
						operator conducting surface mining operations under one or more approved
						surface mining permits shall file an operations and progress report with the
						commission on a form prescribed and furnished by the
						commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 9 - REPORTS AND REPORTING › Section 11.192 - Contents of Annual Report

Current through Reg. 49, No. 28; July 12, 2024
The report shall include the following elements.
(1) Identification of the operator of the
					 mine or mines covered by the report and the permit number(s) under which the
					 surface mining activities were carried out.
(2) A summary of the amount of acreage
					 disturbed, the amount of coal and/or uranium underlying such acreage and the
					 amount of coal and/or uranium actually recovered from such acreage under each
					 mining permit during the last 12-month period.
(3) A description of the amount and type of
					 reclamation carried out in the last 12-month period for each mine covered by a
					 permit.
(4) An estimate of the
					 acreage and location of the land which will be affected in the ensuing 12-month
					 period.
(5) A map or maps, which
					 shall be no smaller than a topographical map on a scale of one inch equal to
					 500 feet showing the location of acreage disturbed by mining during the past
					 year, the location of reclamation carried out during the past year, and the
					 location of acreage which will be affected by mining operations in the ensuing
					 year.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 9 - REPORTS AND REPORTING › Section 11.193 - Maintenance of Records

Current through Reg. 49, No. 28; July 12, 2024
The permit holder shall maintain records which shall be
						available in the commission at all reasonable times showing, on a monthly
						basis:
(1) the number and location of
					 mined acres;
(2) the number and
					 location of acres under reclamation;
(3) the number and location of acres upon
					 which reclamation has been completed; and
(4) the results or readings, taken on a
					 monthly basis, from any monitoring equipment installed pursuant to orders of
					 the commission or any other state agency.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 9 - REPORTS AND REPORTING › Section 11.194 - Release from Reporting Requirement

Current through Reg. 49, No. 28; July 12, 2024
Surface mining operations conducted at any individual
						mine shall be reported in the annual report until such time as the mine is
						closed pursuant to the provisions of §§
											RSA
						11.181-RSA 11.182
						of this title (relating to Surface Mine Closing, and Surface Mine
						Release).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 10 - PERFORMANCE BONDS › Section 11.201 - Amount of Bond

Current through Reg. 49, No. 28; July 12, 2024
The amount of the bond required for each bonded area
						shall depend on the reclamation requirements of the approved permit and shall
						be determined by the commission on the basis of two estimates, one of which may
						be submitted by the permit applicant and the other prepared by the commission
						provided that only the commission's estimate need be submitted if applicant
						waives his right to submit an estimate. The amount of the bond shall be
						determined by the commission and shall be sufficient to assure the completion
						of the reclamation plan if the work had to be performed by a third party in the
						event of forfeiture.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 10 - PERFORMANCE BONDS › Section 11.202 - Personal Bond

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
					 may accept the bond of the operator itself, without separate surety, when the
					 operator demonstrates to the satisfaction of the commission the existence of a
					 suitable agent to receive service of process and history of financial solvency
					 and continuous operation sufficient to self-insure or bond such
					 amount.
(b) The commission will be
					 satisfied of the applicant's financial solvency and may accept the applicant's
					 bond without separate surety if at the time of the consideration of the
					 application and during each of the five years prior to the application, the
					 applicant has owned net assets in excess of liabilities, as those terms are
					 defined by generally accepted accounting principles, located in Texas and
					 subject to process, in an amount at least twice the amount of the bond
					 furnished, or in the opinion of the commission, commensurate
					 criteria.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 10 - PERFORMANCE BONDS › Section 11.203 - Duration of Liability

Current through Reg. 49, No. 28; July 12, 2024
Liability under the bond shall be for the duration of
						surface mining and reclamation operations and for a period coincident with the
						operator's responsibility pursuant to §§
											RSA
						11.181-RSA 11.182
						of this title (relating to Surface Mine Closing, and Surface Mine
						Release).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 10 - PERFORMANCE BONDS › Section 11.204 - Form of Bond or Collateral

Current through Reg. 49, No. 28; July 12, 2024
The bond shall be executed by the operator and a
						corporate surety licensed to do business in the State of Texas, except that the
						operator may elect to deposit cash or negotiable securities acceptable to the
						commission, or an assignment of a savings account in a Texas bank on an
						assignment form prescribed by the commission. The cash deposit or market value
						of such substitute collateral shall be equal to or greater than the amount of
						the bond required for the bonded area. Cash or other substitute collateral
						shall be deposited on the same terms as the terms on which surety bonds may be
						deposited.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 10 - PERFORMANCE BONDS › Section 11.205 - Changes in Coverage

Current through Reg. 49, No. 28; July 12, 2024
The amount of the bond or deposit required and the terms
						of acceptance of the applicant's bond or substitute collateral may be increased
						or decreased from time to time to reflect changes in the cost of future
						reclamation of land mined or to be mined. The amount of the bond or substitute
						collateral may be reduced only in accordance with the provisions of the
						following §
											RSA
						11.206 of this title (relating to Release or
						Reduction of Bonds) and such bond or deposit shall be increased or decreased
						when actual acreage affected by mining is ascertained.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 10 - PERFORMANCE BONDS › Section 11.206 - Release or Reduction of Bonds

Current through Reg. 49, No. 28; July 12, 2024
(a) At
					 any time an operator may file an application with the commission for the
					 release of all or part of the performance bond or deposit. Such application
					 shall be on a form prescribed by the commission and shall contain the
					 following:
(1) the type and approximate date
					 of reclamation work performed;
(2)
					 a description of the results achieved as they relate to the operator's
					 reclamation plan;
(3) a copy of the
					 notice published in accordance with §
												RSA
					 11.31 of this title (relating to Public
					 Notice) containing:
(A) the name of the
					 operator;
(B) the permit number and
					 the date approved;
(C)
					 identification of the location and boundaries of the land affected;
(D) the amount of the bond filed and the
					 portion sought to be released; and
(E) where the bond release application has
					 been placed for public inspection.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 1 - GENERAL › Section 12.1 - Objective

Current through Reg. 49, No. 28; July 12, 2024
The objective of these regulations is to fulfill the
						purposes of both the Texas and federal surface mining and reclamation acts
						relating to coal in a manner consistent with their language, legislative
						history, other applicable laws, and judicial interpretations. These purposes
						are delineated in §134.003 of the State Act and Section 102 of the Federal
						Act.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 1 - GENERAL › Section 12.2 - Authority, Responsibility and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission has the authority and
					 shall enforce state laws and regulations not inconsistent with the "Texas
					 Surface Coal Mining and Reclamation Act" or the federal "Surface Mining Control
					 and Reclamation Act of 1977" and the regulations lawfully promulgated
					 thereunder.
(b) This Chapter
					 applies to all coal exploration and surface coal mining and reclamation
					 operations, except:
(1) the extraction of
					 coal by a landowner for his or her own noncommercial use from land owned or
					 leased by him or her. Noncommercial use does not include the extraction of coal
					 by one unit of an integrated company or other business or nonprofit entity
					 which uses the coal in its own manufacturing or power plants;
(2) the extraction of 250 tons of coal or
					 less by a person conducting a surface mining and reclamation operation. A
					 person who intends to remove more than 250 tons is not exempted;
(3) the extraction of coal as an incidental
					 part of federal, state or local government-financed highway or other
					 construction in accordance with the rules of the Commission and §§
												RSA
					 12.21 and
					 RSA
					 12.22 of this title (relating to Exemption
					 for Coal Extraction Incident to Government-Financed Highway or Other
					 Construction); and
(4) 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
					 annually for commercial use or sale in accordance with §§12.25
					 of-12.33 of this title (relating to Exemption for Coal Extraction Incidental to
					 the Extraction of Other Minerals); and
(5) coal exploration on lands subject to the
					 requirements of 43 CFR Parts 3480-3487.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 1 - GENERAL › Section 12.4 - Petitions to Initiate Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
Any person may petition the Commission to initiate a
						proceeding for the issuance, amendment, or repeal of any regulation. The
						petition shall be submitted in accordance with §1.301 of this title,
						relating to Petition for Adoption of Rules, and the APA.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 1 - GENERAL › Section 12.5 - Notice of Citizen Suits

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who
					 intends to initiate a civil action on his or her own behalf under
					 §§134.182-134.187 of the Act shall give notice of intent to do so, in
					 accordance with this section.
(b)
					 Notice shall be given by certified mail to the Commission, the Secretary of the
					 U.S. Department of the Interior, and the Director of the federal Office of
					 Surface Mining Reclamation and Enforcement, and by first class mail to the
					 appropriate Regional Director.
(c)
					 Notice shall be given by certified mail to the alleged violator, if the
					 complaint alleges a violation of the Act or any regulation, order, or permit
					 issued under the Act.
(d) Service
					 of notice under this section is complete upon mailing to the last known address
					 of the person being notified.
(e) A
					 person giving notice regarding an alleged violation shall state, to the extent
					 known:
(1) sufficient information to identify
					 the provision of the Act, regulation, order, or permit allegedly
					 violated;
(2) the act or omission
					 alleged to constitute a violation;
(3) the name, address, and telephone numbers
					 of the person or persons responsible for the alleged violation;
(4) the date, time, and location of the
					 alleged violation;
(5) the name,
					 address, and telephone number of the person giving notice; and
(6) the name, address, and telephone number
					 of legal counsel, if any, of the person giving notice.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 1 - GENERAL › Section 12.6 - Availability of Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Records
					 required by the Act to be made available locally to the public shall be
					 retained at the geographically closest office to the Commission's Surface
					 Mining and Reclamation Division.
(b) Other records or documents in the
					 possession of the Commission may be requested pursuant to the Open Records Act
					 (Texas Government Code, Chapter 552).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 1 - GENERAL › Section 12.7 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
					 otherwise provided, computation of time under this chapter (relating to Coal
					 Mining Regulations) is based on calendar days.
(b) In computing any period of prescribed
					 time, the day on which the designated period of time begins is not included.
					 The last day of the period is included unless it is a Saturday, Sunday, or
					 legal holiday on which the Commission is not open for business, in which event
					 the period runs until the end of the next day which is not a Saturday, Sunday,
					 or legal holiday.
(c) Intermediate
					 Saturdays, Sundays, and legal holidays are excluded from the computation when
					 the period of prescribed time is 7 days or less.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 2 - PERMANENT REGULATORY PROGRAM › Section 12.9 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) On or after 8
					 months from the date of state program approval (approved February 11, 1980), no
					 person shall conduct surface coal mining and reclamation operations in the
					 state without first having obtained a permit from the Commission.
(b) The requirements of Subchapter K of this
					 chapter (relating to Permanent Program Performance Standards) shall be
					 effective and shall apply to each surface coal mining and reclamation operation
					 which is required to obtain a permit under the Act, on the earliest date upon
					 which the Act and this chapter (relating to Coal Mining Regulations) require a
					 permit to be obtained, except as provided in subsection (c) of this
					 section.
(c) With respect to
					 existing structures:
(1) each structure used
					 in connection with or to facilitate a coal exploration or surface coal mining
					 and reclamation operation shall comply with the performance standards and the
					 design requirements of Subchapter K of this chapter (relating to Permanent
					 Program Performance Standards), except that:
(A) an existing structure which meets the
					 performance standards of Subchapter K of this chapter (relating to Permanent
					 Program Performance Standards) but does not meet the design requirements of
					 Subchapter K of this chapter (relating to Permanent Program Performance
					 Standards) may be exempted from meeting those design requirements by the
					 Commission. The Commission may grant this exemption only as part of the permit
					 application process after obtaining the information required by §§
													RSA
					 12.140 or
					 RSA
					 12.186 of this title (relating to Operation
					 Plan: Existing Structures) and after making the findings required in §
													RSA
					 12.217 of this title (relating to Criteria
					 for Permit Approval or Denial: Existing Structures); and
(B) an existing structure which does not meet
					 a performance standard of Subchapter K of this chapter (relating to Permanent
					 Program Performance Standards) shall be modified or reconstructed to meet the
					 design standard of Subchapter K of this chapter (relating to Permanent Program
					 Performance Standards) pursuant to a compliance plan approved by the Commission
					 as part of the permit application as required in §§
													RSA
					 12.140 or
					 RSA
					 12.186 of this title (relating to Operation
					 Plan: Existing Structures) and according to the findings required in §
													RSA
					 12.217 of this title (relating to Criteria
					 for Permit Approval or Denial: Existing Structures); and
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 3 - RESTRICTION OF FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 12.10 - Responsibility

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 Commissioners or the Director of the Surface Mining and Reclamation Division,
					 acting as their authorized representative, shall:
(1) provide advice, assistance, and guidance
					 to all state employees required to file statements pursuant to §
												RSA
					 12.13 of this title (relating to Who Shall
					 File);
(2) promptly review the
					 statement of employment and financial interests and supplements, if any, filed
					 by each employee, to determine if the employee has correctly identified those
					 listed employment and financial interests which constitute a direct or indirect
					 financial interest in an underground or surface coal mining
					 operation;
(3) resolve prohibited
					 financial interest situations by ordering or initiating remedial action, or by
					 reporting the violations to the Director who is responsible for initiating
					 action to impose the penalties of the Federal Act;
(4) certify on each statement that review has
					 been made, that prohibited financial interests, if any, have been resolved, and
					 that no other prohibited interests have been identified from the
					 statement;
(5) submit to the
					 Director such statistics and information as he or she may request to enable
					 preparation of the required annual report to Congress;
(6) submit to the Director the initial
					 listing and the subsequent annual listings of positions as required by
					 §§
												RSA 12.13<subdiv>(b) and
					 (c)</subdiv> of this title (relating to Who
					 Shall File);
(7) furnish a blank
					 statement 45 days in advance of the filing date established by §
												RSA
					 12.14<subdiv>(a)</subdiv> of this
					 title (relating to When to File) to each state employee required to file a
					 statement; and
(8) inform annually
					 each state employee required to file a statement with the Commission, of the
					 name, address, and telephone number of the person whom they may contact for
					 advice and counseling.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 3 - RESTRICTION OF FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 12.12 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Criminal
					 penalties are imposed by §134.007 of the Act. Section 134.007 of the Act
					 prohibits each employee of the Commission who performs any function or duty
					 under the Act from having a direct or indirect financial interest in any
					 underground or surface coal mining operation. The Act provides that whoever
					 knowingly violates the provisions of §134.007 of the Act shall, upon
					 conviction, be punished by a fine of not more than $2,500, or by imprisonment
					 of not more than one year, or by both.
(b) The provisions in §134.007 of the
					 Act make compliance with the financial interest requirements a condition of
					 employment for employees of the Commission who perform any functions or duties
					 under the Act. Accordingly, an employee who fails to file the required
					 statement will be considered in violation of the intended employment provisions
					 of §134.007 of the Act and will be subject to removal from his or her
					 position.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 3 - RESTRICTION OF FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 12.13 - Who Shall File

Current through Reg. 49, No. 28; July 12, 2024
(a) Any employee
					 who performs any function or duty under the Act is required to file a statement
					 of employment and financial interests. Members of advisory boards and
					 commissions established in accordance with state laws or regulations to
					 represent multiple interests, who perform a function or duty under the Act,
					 must file a statement of employment and financial interests. An employee who
					 occupies a position which has been determined by the Commission not to involve
					 performance of any function or duty under the Act or who is no longer employed
					 by the Commission at the time a filing is due, is not required to file a
					 statement.
(b) The Commission shall
					 prepare a list of those positions within the Commission that do not involve
					 performance of any functions or duties under the Act.
(c) The Commission shall annually review and
					 update the listing of positions not involving the performance of any functions
					 or duties under the Act. For monitoring and reporting reasons, the listing must
					 be submitted to the Director and must contain a written justification for
					 inclusion of the positions listed. Proposed revisions or a certification that
					 revision is not required shall be submitted to the Director by no later than
					 September 30 of each year. The Commission may revise the listing by the
					 addition or deletion of positions at any time such revisions are required to
					 carry out the purpose of the law or the regulations of §§12.10,
					 12.12, this section, and §§
											RSA
					 12.14-RSA
					 12.19 of this title (relating to Restriction
					 of Financial Interests of State Employees). Additions to and deletions from the
					 listing of positions are effective upon notification to the incumbents of the
					 positions added or deleted.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 3 - RESTRICTION OF FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 12.14 - When To File

Current through Reg. 49, No. 28; July 12, 2024
(a) Employees and
					 members of advisory boards and commissions representing multiple interests
					 performing functions or duties under the Act shall file on February 1st of each
					 year.
(b) New employees and new
					 members of advisory boards and commissions representing multiple interests
					 hired, appointed, or transferred to perform functions or duties under the Act
					 will be required to file at the time of entrance to duty. No annual statement
					 shall be required if the initial statement is filed with 60 days prior to
					 February 1st.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 3 - RESTRICTION OF FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 12.15 - Where To File

Current through Reg. 49, No. 28; July 12, 2024
The Commissioners shall file their statements with the
						Director. All other employees and members of advisory boards and commissions
						representing multiple interests, as provided in §
											RSA
						12.13 of this title (relating to Who Shall
						File), shall file their statements with the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 3 - RESTRICTION OF FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 12.16 - What To Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Each employee
					 or member of an advisory board or commission representing multiple interests,
					 as provided in §
											RSA
					 12.13 of this title (relating to Who Shall
					 File), shall report all information required on the statement of employment and
					 financial interests of the filer, his or her spouse, minor children, or other
					 relatives who are full-time residents of the filer's home. The report shall be
					 on OSM Form 23 as provided by the Office.
(b) The statement will set forth the
					 following information regarding any financial interest:
(1) Employment. Any continuing financial
					 interests in business entities and nonprofit organizations through a pension or
					 retirement plan, shared income, salary or other income arrangement as a result
					 of prior or current employment. The employee, his or her spouse or other
					 resident relative is not required to report a retirement plan from which he or
					 she will receive a guaranteed income. A guaranteed income is one which is
					 unlikely to be changed as a result of actions taken by the
					 Commission;
(2) Securities. Any
					 financial interest in business entities and nonprofit organizations through
					 ownership of stock, stock options, bonds, securities or other arrangements
					 including trusts. An employee is not required to report holdings in widely
					 diversified mutual funds, investments clubs or regulated investment companies
					 not specializing in underground and surface coal mining operations;
(3) Real Property. Ownership, lease, royalty
					 or other interests or rights in land or minerals. Employees are not required to
					 report lands developed and occupied for a personal residence; and
(4) Creditors. Debts owed to business
					 entities and nonprofit organizations. Employees are not required to report
					 debts owed to financial institutions (banks, savings and loan associations,
					 credit unions, and the like) which are chartered to provide commercial or
					 personal credit. Also excluded are charge accounts and similar short term debts
					 for current and ordinary household and living expenses.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 3 - RESTRICTION OF FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 12.17 - Gifts and Gratuities

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
					 provided in subsection (b) of this section, employees shall not solicit or
					 accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan
					 or any other thing of monetary value, from a coal company which:
(1) conducts or is seeking to conduct,
					 operations or activities that are regulated by the Commission; or
(2) has interests that may be substantially
					 affected by the performance or non-performance of the employee's official
					 duty.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 3 - RESTRICTION OF FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 12.18 - Resolving Prohibited Interests

Current through Reg. 49, No. 28; July 12, 2024
Actions to be taken by the Commission:
(1) Remedial action to effect resolution. If
					 an employee has a prohibited financial interest, the Commission shall promptly
					 advise the employee that remedial action which will resolve the prohibited
					 interest is required within 90 days.
(2) Form of remedial action. Remedial action
					 may include:
(A) reassignment of the employee
					 to a position which performs no function or duty under the Act; or
(B) divestiture of the prohibited financial
					 interest; or
(C) other appropriate
					 action which either eliminates the prohibited interest or eliminates the
					 situation which creates the conflict.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 3 - RESTRICTION OF FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 12.19 - Appeals Procedures

Current through Reg. 49, No. 28; July 12, 2024
Employees have the right to appeal an order for remedial
						action under §
											RSA
						12.18 of this title (relating to Resolving
						Prohibited Interests), and shall have 30 days to exercise this right before
						disciplinary action is initiated.
(1)
					 Employees, other than the Commissioners, may file their appeal, in writing,
					 through established procedures within the Commission.
(2) The Commissioners may file their appeals,
					 in writing, with the Director, who will refer it to the Conflict of Interest
					 Appeals Board within the U.S. Department of the Interior.