NATURAL RESOURCES CODE
TITLE 4. MINES AND MINING
CHAPTER 131. URANIUM SURFACE MINING AND RECLAMATION ACT
SUBCHAPTER A. GENERAL PROVISIONS
§ 131.001. SHORT TITLE. This chapter may be cited as
the Texas Uranium Surface Mining and Reclamation Act.
Acts 1977, 65th Leg., p. 2607, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 305, ch. 141, § 39,
eff. May 9, 1979; Acts 1979, 66th Leg., p. 849, ch. 379, § 1,
eff. June 6, 1979.
§ 131.002. DECLARATION OF POLICY. The legislature
finds and declares that:
(1) the extraction of minerals by surface mining
operations is a basic and essential activity making an important
contribution to the economic well-being of the state and nation;
(2) proper reclamation of surface-mined land is
necessary to prevent undesirable land and water conditions that
would be detrimental to the general welfare, health, safety, and
property rights of the citizens of this state;
(3) surface mining takes place in diverse areas where
the geologic, topographic, climatic, biological, and social
conditions are significantly different and that reclamation
operations and the specifications for reclamation operations must
vary accordingly;
(4) it is not always possible to extract minerals
required by our society without disturbing the surface of the earth
and producing waste materials, and the very character of certain
types of surface mining operations occasionally precludes complete
restoration of the affected land to its original condition;
(5) unregulated surface mining may destroy or diminish
the utility of land for commercial, industrial, residential,
recreational, agricultural, and forestry purposes by causing
erosion and landslides, by contributing to floods, by polluting the
water, by destroying fish and wildlife habitats, by impairing
natural beauty, by damaging the property of citizens, by creating
hazards dangerous to life and property, by degrading the quality of
life in local communities, and by counteracting governmental
programs and efforts to conserve soil, water, and other natural
resources, which results are declared to be inimical to the public
interest and destructive to the public health, safety, welfare, and
economy of the State of Texas;
(6) due to its unique character or location, some land
within the state may be unsuitable for all or certain types of
surface mining operations;
(7) reclamation of surface-mined land as provided by
this chapter will allow the mining of valuable minerals in a manner
designed for the protection and subsequent beneficial use of land;
and
(8) the requirements of this chapter for reclamation
and maintenance of affected land are necessary for the public
health and safety and thus constitute a valid application of the
police power of this state.
Acts 1977, 65th Leg., p. 2607, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 849, ch. 379, § 1, eff.
June 6, 1979.
§ 131.003. PURPOSES. It is declared to be the purpose
of this chapter:
(1) to prevent the adverse effects to society and the
environment resulting from unregulated surface mining operations
as defined in this chapter;
(2) to assure that the rights of surface landowners
and other persons with a legal interest in the land or appurtenances
to the land are protected from unregulated surface mining
operations;
(3) to assure that surface mining operations are not
conducted where reclamation as required by this chapter is not
possible;
(4) to assure that surface mining operations are
conducted in a manner that will prevent unreasonable degradation of
land and water resources; and
(5) to assure that reclamation of all surface-mined
land is accomplished as contemporaneously as practicable with the
surface mining, recognizing that the extraction of minerals by
responsible mining operations is an essential and beneficial
economic activity.
Acts 1977, 65th Leg., p. 2608, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.004. DEFINITIONS. In this chapter:
(1) "Minerals" means uranium and uranium ore.
(2) "Surface mining" means the mining of minerals by
removing the overburden lying above the natural deposit of minerals
and mining directly from the natural deposits that are exposed and
those aspects of underground mining having significant effects on
the surface; provided, this definition shall not be construed to
include in situ mining activities associated with the removal of
uranium or uranium ore.
(3) "Exploration activity" means the disturbance of
the surface or subsurface for the purpose of or related to
determining the location, quantity, or quality of a mineral
deposit.
(4) "Affected land" or "land affected" means:
(A) the area from which any materials are to be or
have been displaced in a surface mining operation;
(B) the area on which any materials that are
displaced are to be or have been deposited;
(C) the haul roads and impoundment basins within
the surface mining area; and
(D) other land whose natural state has been or
will be disturbed as a result of the surface mining operations.
(5) "Surface mining operation" means those activities
conducted at or near the mining site and concomitant with the
surface mining, including extraction, storage, processing, and
shipping of minerals and reclamation of the land affected.
(6) "Operator" means the individual or entity,
including any public or governmental agency, that is to engage or
that is engaged in a surface mining operation, including any
individual or entity whose permit has expired or been suspended or
revoked.
(7) "Overburden" means all materials displaced in a
mining operation which are not, or will not be, removed from the
affected area.
(8) "Reclamation" means the process of restoring an
area affected by a surface mining operation to its original or other
substantially beneficial condition, considering past and possible
future uses of the area and the surrounding topography.
(9) "Topsoil" means the unconsolidated mineral matter
naturally present on the surface of the earth which has been
subjected to and influenced by genetic and environmental factors of
parent material, climate, macroorganisms and microorganisms, and
topography, all acting over a period of time, and which is necessary
for the growth and regeneration of vegetation on the surface of the
earth.
(10) "Surface mining permit" or "permit" means the
written certification by the commission that the named operator may
conduct the surface mining operations described in the
certification during the term of the surface mining permit and in
the manner established in the certification. These terms do not
include a discharge permit issued by the commission pursuant to
Subchapter H of this chapter.
(11) "Person affected" means any person who is a
resident of a county or any county adjacent or contiguous to the
county in which a mining operation is or is proposed to be located,
including any person who is doing business or owns land in the
county or adjacent or contiguous county and any local government
and who demonstrates that he has suffered or will suffer actual
injury or economic damage.
(12) "Commission" means the Railroad Commission of
Texas.
(13) "Fund" means the Land Reclamation Fund.
(14) "Toxic material" means any substance present in
sufficient concentration or amount to cause injury or illness to
plant, animal, or human life.
(15) "Approximate original contour" means that
surface configuration achieved by backfilling and grading of the
surface-mined area so that it resembles the surface configuration
of the land prior to mining and blends into and complements the
drainage pattern of the surrounding terrain, with all highwalls,
spoil piles, and depressions eliminated, although the new contour
may subsequently be at a moderately lower or higher elevation than
existed prior to the surface mining operation.
(16) "Person" means an individual, partnership,
society, joint-stock company, firm, company, corporation, business
organization, government or governmental subdivision or agency,
business trust, estate, trust, organization or association of
citizens, or any other legal entity.
(17) "Party to the administrative proceedings" means
any person who has participated in a public hearing or filed a valid
petition or timely objection pursuant to any provision of this
chapter.
(18) "Permit area" means all the area designated as
such in the permit application and shall include all land affected
by the surface mining operations during the term of the permit and
may include any contiguous area that the operator proposes to
surface mine after that time.
Acts 1977, 65th Leg., p. 2608, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 308, ch. 141, § 42,
eff. May 9, 1979; Acts 1979, 66th Leg., p. 853, ch. 379, § 3,
eff. June 6, 1979; Acts 1979, 66th Leg., p. 1989, ch. 784, § 1,
eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 413, ch. 171, § 1,
eff. May 20, 1981; Acts 1985, 69th Leg., ch. 921, § 5, 6, eff.
June 15, 1985.
§ 131.005. RECLAMATION. (a) The basic objective of
reclamation is to reestablish on a continuing basis, where
required, vegetation and other natural conditions consistent with
the anticipated subsequent use of the affected land.
(b) The process of reclamation may require contouring,
terracing, grading, backfilling, resoiling, revegetation,
compaction and stabilization and settling ponds, water
impoundments, diversion ditches, and other water treatment
facilities in order to minimize water diminution to existing water
sources, pollution, soil and wind erosion, or flooding resulting
from mining or any other activity that may be considered necessary
to accomplish the reclamation of the land affected to a
substantially beneficial condition.
Acts 1977, 65th Leg., p. 2610, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.006. EXCLUSIONS AND EXEMPTIONS. The provisions
of this chapter do not apply to the following:
(1) surface mining operations conducted on public land
regulated by the General Land Office if the land is reclaimed in a
manner consistent with this chapter; and
(2) land on which the overburden has been removed and
minerals have been produced before June 21, 1975.
Acts 1977, 65th Leg., p. 2610, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
SUBCHAPTER B. POWERS AND DUTIES OF THE COMMISSION
§ 131.021. GENERAL AUTHORITY OF COMMISSION. In seeking
to accomplish the purposes of this chapter, the commission shall
have the authority:
(1) to adopt and amend rules pertaining to surface
mining and reclamation operations consistent with the general
intent and purposes of this chapter;
(2) to issue permits pursuant to the provisions of
this chapter;
(3) to conduct hearings pursuant to the provisions of
this chapter;
(4) to issue orders requiring an operator to take
actions that are necessary to comply with this chapter and with
rules adopted under this chapter;
(5) to issue orders modifying previous orders;
(6) to issue a final order revoking the permit of an
operator who has failed to comply with an order of the commission to
take action required by this chapter or rules adopted under this
chapter;
(7) to order the immediate cessation of an ongoing
surface mining operation if the commission finds that the operation
creates an imminent danger to the health or safety of the public, or
is causing or can reasonably be expected to cause significant
imminent environmental harm to land, air, or water resources, and
to take other action or make changes in a permit that are reasonably
necessary to avoid or alleviate these conditions;
(8) to hire employees, adopt standards for employment
of these persons, and hire and authorize the hiring of outside
contractors to assist in carrying out the requirements of this
chapter;
(9) to enter on and inspect, in person or by its
agents, a surface mining operation that is subject to the
provisions of this chapter to assure compliance with the terms of
this chapter;
(10) to conduct, encourage, request, and participate
in studies, surveys, investigations, research, experiments,
training, and demonstrations by contract, grant, or otherwise;
(11) to prepare and require permittees to prepare
reports;
(12) to collect and disseminate to the public
information considered reasonable and necessary for the proper
enforcement of this chapter;
(13) to accept, receive, and administer grants, gifts,
loans, or other funds made available from any source for the
purposes of this chapter;
(14) to enter into contracts with state boards and
agencies that have pertinent expertise to obtain professional and
technical services necessary to carry out the provisions of this
chapter; and
(15) to perform other duties and acts required by and
provided for in this chapter.
Acts 1977, 65th Leg., p. 2610, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.022. JURISDICTION OF COMMISSION. The commission
is the mining and reclamation authority for the State of Texas and
has exclusive jurisdiction for establishing reclamation
requirements for mining operations in this state.
Acts 1977, 65th Leg., p. 2611, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.023. COMMISSION PROCEDURE. The commission shall
seek the accomplishment of the purposes of this chapter by all
practicable methods.
Acts 1977, 65th Leg., p. 2611, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.024. COMPLIANCE WITH FEDERAL SURFACE MINING
LAWS. (a) On passage of federal surface mining legislation, the
commission shall take actions necessary to establish the exclusive
jurisdiction of this state over the regulation of surface mining
and reclamation operations.
(b) If the federal administrative agency disapproves the
regulatory program of this state as submitted, the commission shall
take all necessary and appropriate action, including making
recommendations for remedial legislation, to clarify, alter, or
amend the program to comply with the requirements of the federal
act.
Acts 1977, 65th Leg., p. 2611, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.025. HEARING PROCEDURE. At a hearing under this
chapter, the commission may:
(1) administer oaths or affirmations;
(2) subpoena witnesses and compel their attendance;
(3) take evidence; and
(4) require production of books, papers,
correspondence, memoranda, agreements, or other documents or
records that are considered relevant or material to the
administration of this chapter.
Acts 1977, 65th Leg., p. 2611, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.033. DIFFERING TERMS AND PROVISIONS OF RULES. A
rule or an amendment of a rule adopted by the commission may differ
in its terms and provisions between particular conditions,
particular mining techniques, particular areas of the state, or any
other conditions that appear relevant and necessary so long as the
action taken is consistent with attainment of the general intent
and purposes of this chapter.
Acts 1977, 65th Leg., p. 2612, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 305, ch. 141, § 39,
eff. May 9, 1979; Acts 1979, 66th Leg., p. 849, ch. 379, § 1,
eff. June 6, 1979.
§ 131.034. EXPLORATION ACTIVITIES. The commission
shall promulgate rules in the manner provided in Sections 131.026
through 131.031 of this code for the conduct of exploration
activities.
Acts 1977, 65th Leg., p. 2613, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.035. RULES DESIGNATING UNSUITABLE LAND. (a) The
commission shall develop rules that adopt appropriate procedures
for identifying and designating land in this state as unsuitable
for all or certain types of surface mining in accordance with
Sections 131.036 through 131.041 of this code.
(b) The rules shall be in sufficient detail to provide
reasonable notice to prospective operators of areas that might be
designated as unsuitable for surface mining.
Acts 1977, 65th Leg., p. 2613, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.036. SURVEY OF LAND. (a) When application is
made to conduct surface mining operations and before a permit is
issued, the commission shall immediately have the areas to be
included in the proposed permit surveyed in accordance with the
requirements of Sections 131.035 and 131.037 through 131.041 of
this code.
(b) In conducting the survey and in declaring various areas
to be unsuitable for mining, the commission shall employ competent
and scientifically sound data and information as the basis for
objective decisions with respect to each area surveyed.
Acts 1977, 65th Leg., p. 2613, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.037. COMMISSION STATEMENT. Before designating a
land area as unsuitable for surface mining operations, the
commission shall prepare a detailed statement on the potential
mineral and other resources in the area, the demand for these
resources, and the impact of the designation on the environment,
the economy, and the supply of the mineral.
Acts 1977, 65th Leg., p. 2613, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.038. REASONS FOR UNSUITABLE DESIGNATION. After
the survey is made, an area may be designated unsuitable for all or
certain types of surface mining if:
(1) the commission determines that reclamation under
this chapter is not feasible;
(2) the operations will result in significant damage
to important areas of historic, cultural, or archaeological value
or to important natural systems;
(3) the operations will affect renewable resource land
that includes aquifers and aquifer recharge areas, resulting in a
substantial loss or reduction of long-range productivity of water
supply or food or fiber products;
(4) the operations are located in an area subject to
frequent flooding or an area that is geologically unstable and may
reasonably be expected to endanger life and property;
(5) the 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 river area, state park, state wildlife
refuge, state forest, recorded Texas historic landmark, state
historic site, state archaeological landmark, or city or county
park; or
(6) the operations would endanger any public road,
public building, cemetery, school, church, or similar structure or
existing dwelling outside the permit area.
Acts 1977, 65th Leg., p. 2613, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.039. PETITION AND HEARING ON
DESIGNATION. (a) Any person is entitled to petition the
commission to have an area designated as unsuitable for surface
mining operations or to have the designation terminated.
(b) The petition shall include allegations of facts with
supporting evidence that in the opinion of the commission would
tend to establish the allegations.
(c) The commission shall make a determination of the
validity of the petition, and if the petition is found to be valid,
it shall be kept on file by the commission and made available for
public inspection.
(d) On application for a surface mining permit for which a
valid petition has been filed, the commission shall hold a public
hearing as provided in Section 131.163 of this code in the locality
of the proposed mining operation.
(e) Any person affected may intervene before the public
hearing by filing allegations of facts with supporting evidence
that would tend to establish the allegations.
(f) If all the petitioners and the applicant stipulate
agreement before the requested hearing, the hearing does not have
to be held.
Acts 1977, 65th Leg., p. 2614, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 1989, ch. 784, § 2,
eff. Aug. 27, 1979.
§ 131.040. MODIFYING, AMENDING, AND TERMINATING
DESIGNATIONS. The commission may modify, amend, or terminate a
designation pursuant to the requirements of Sections 131.035
through 131.039 of this code.
Acts 1977, 65th Leg., p. 2614, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.041. APPLICABILITY OF SUBCHAPTER. The provisions
of Sections 131.035 through 131.040 of this code do not apply to
land on which surface mining operations were being conducted on
June 21, 1975.
Acts 1977, 65th Leg., p. 2614, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.042. RECORDS, REPORTS, MONITORING EQUIPMENT, AND
INFORMATION. The commission shall require each permittee to:
(1) establish and maintain appropriate records;
(2) make reports as frequently as the commission may
prescribe;
(3) install, use, and maintain necessary monitoring
equipment for observing and determining relevant surface or
subsurface effects of the mining operation and reclamation program;
and
(4) provide other information relative to mining and
reclamation operations the commission determines to be reasonable
and necessary.
Acts 1977, 65th Leg., p. 2614, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.043. INSPECTION BY COMMISSION. Without advance
notice and on presentation of appropriate credentials to the
operation supervisor, if present, the authorized representatives
of the commission are entitled to enter in, on, or through a surface
mining operation or premises in which any records required under
Section 131.042 of this code are located, and may at reasonable
times and without delay have access to and copy any records and
inspect monitoring equipment or methods of operation required under
this chapter.
Acts 1977, 65th Leg., p. 2614, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.044. TIME AND PROCEDURES FOR
INSPECTIONS. (a) The inspections by the commission shall occur
on an irregular basis at a frequency necessary to insure compliance
with the intent and purposes of this chapter and the commission's
rules for the surface mining and reclamation operations covered by
each permit.
(b) The inspections shall occur only during normal
operating hours if practicable and without prior notice to the
permittee or his agents or employees.
(c) An inspection shall include the filing of an inspection
report adequate to enforce the requirements of and to carry out the
terms and purposes of this chapter. The commission shall make each
report a part of the record and furnish one copy of the report to the
operator.
(d) Insofar as practicable, the commission shall establish
a system of rotation of inspectors.
Acts 1977, 65th Leg., p. 2615, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.045. SIGN. Each permittee shall maintain at the
entrances to the surface mining and reclamation operations a
clearly visible sign that sets forth the name, business address,
and phone number of the permittee and the permit number of the
surface mining and reclamation operations.
Acts 1977, 65th Leg., p. 2615, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.046. PROCEDURE ON DETECTION OF VIOLATION. On
detection of each violation of a requirement of this chapter, each
inspector shall inform the operator of the violation orally at the
time of the detection and in writing at a later time and shall
report the violation in writing to the commission.
Acts 1977, 65th Leg., p. 2615, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.047. JUDICIAL REVIEW. (a) Any party to the
administrative proceedings whose interest is or may be adversely
affected by a ruling, order, decision, or other act of the
commission may appeal by filing a petition in a district court of
Travis County or in the county in which the greater portion of the
land in question is located.
(b) The plaintiff shall pursue his action with reasonable
diligence, and if the plaintiff does not prosecute his action
within one year after the action is filed, the court shall presume
that the action has been abandoned. The court shall dismiss the
suit on a motion for dismissal made by the attorney general unless
the plaintiff, after receiving due notice, can show good and
sufficient cause for the delay.
(c) The court shall hear the complaint solely on the record
made before the commission. The findings of the commission, if
supported by substantial evidence on the record considered as a
whole, shall be upheld.
(d) The court may, under conditions it may prescribe, grant
temporary relief that it considers appropriate pending final
determination of the proceedings.
(e) The commencement of a proceeding under this section
shall not, unless specifically ordered by the court, operate as a
stay of the action, order, or decision of the commission.
(f) Repealed by Acts 1981, 67th Leg., p. 2647, ch. 707, §
4(48), eff. Aug. 31, 1981.
Acts 1977, 65th Leg., p. 2615, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 1989, ch. 784, § 2,
eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 2646, ch. 707, §
4(48), eff. Aug. 31, 1981.
§ 131.048. CONFIDENTIALITY. Information submitted to
the commission concerning mineral deposits, test borings, core
samplings, or trade secrets or privileged commercial or financial
information relating to the competitive rights of the applicant and
specifically identified as confidential by the applicant, if not
essential for public review as determined by the commission, shall
not be disclosed by any member, agent, or employee of the
commission.
Acts 1977, 65th Leg., p. 2616, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.049. TEMPORARY ORDERS PRIOR TO NOTICE AND
HEARING. (a) The commission may issue temporary orders relating
to a surface mining operation without notice and hearing, or with
the notice and hearing as the commission considers practical under
the circumstances, when necessary to enable action to be taken more
expeditiously than is otherwise provided by this chapter to
effectuate the policy and purposes of this chapter.
(b) If the commission issues a temporary order under this
authority without a hearing, and if the subject matter of the order
is such as to require a public hearing under Section 131.163 of this
code or under any rule of the commission, the order shall set a time
and place for a public hearing to be held. The hearing shall be held
as soon after the temporary order is issued as is practical.
(c) At the hearing, the commission shall affirm, modify, or
set aside the temporary order. If the nature of the commission's
action requires, further proceedings shall be conducted as
appropriate under provisions of Chapter 2001, Government Code.
(d) The requirements of Sections 131.159 and 131.160 of this
code relating to the time for notice, newspaper notice, and method
of giving a person notice do not apply to the hearing, but general
notice of the hearing shall be given that the commission considers
practical under the circumstances.
Added by Acts 1979, 66th Leg., p. 853, ch. 379, § 6, eff. June 6,
1979. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff.
Sept. 1, 1995.
SUBCHAPTER C. PLANS AND STANDARDS
§ 131.101. RECLAMATION PLAN. (a) A reclamation plan
shall be developed in a manner consistent with local, physical,
environmental, and climatological conditions and current mining
and reclamation technologies.
(b) A reclamation plan submitted as part of a permit
application shall include:
(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, that 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;
(3) the capacity of the land to support its
anticipated use following reclamation, including a discussion of
the capacity of the reclaimed land to support alternative uses;
(4) a description of how the proposed postmining land
condition is to be achieved and the necessary support activities
that may be needed to achieve the condition, including an estimate
of the cost per acre of the reclamation;
(5) the steps taken to comply with applicable air and
water quality and water rights laws and regulations and any
applicable health and safety standards, including copies of any
pertinent permit applications;
(6) a general timetable that the operator estimates
will be necessary for accomplishing the major events included in
the reclamation plan; and
(7) other information the commission, by rule,
determines to be reasonably necessary to effectuate the purposes of
this chapter.
(c) The operator may revise or amend the reclamation plan at
any time in accordance with the requirements of this code.
Acts 1977, 65th Leg., p. 2616, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.102. RECLAMATION STANDARDS. (a) A permit issued
under this chapter to conduct surface mining operations shall
require that the surface mining operations meet all applicable
reclamation standards of this chapter and any other requirements
that the commission establishes by rule.
(b) Reclamation standards shall apply to all surface mining
and reclamation operations that are not exempted or excluded and
shall require the operator as a minimum to:
(1) conduct surface mining operations in a manner
consistent with prudent mining practice, so as to maximize the
utilization and conservation of the resource being recovered so
that reaffecting the land in the future through surface mining can
be minimized;
(2) restore the land affected to the same or a
substantially beneficial condition considering the present and
past uses of the land, so long as the condition does not present any
actual or probable hazard to public health or safety or pose an
actual or probable threat of water diminution or pollution, and the
permit applicants' declared anticipated land use following
reclamation is not considered to be impractical or unreasonable, to
involve unreasonable delay in implementation, or to violate
federal, state, or local law, provided that a variety of postmining
land conditions that differ from the land condition immediately
preceding the surface mining operation, including but not limited
to stock ponds, fishing or recreational lakes, school or park
sites, industrial, commercial, or residential sites, or open space
uses, may be approved by the commission if the proposed condition is
determined to be substantially beneficial and complies with the
provisions of this section;
(3) reduce all highwalls, spoil piles, and banks to a
degree to control erosion effectively and sufficiently to sustain
vegetation, where required, consistent with the anticipated
subsequent use of the affected land, provided that backfilling,
compacting, and grading shall be required to restore the
approximate original contour where required by federal law and
where the volume of overburden is large in comparison to the volume
of mineral deposit and the commission considers the requirement to
be practical;
(4) stabilize and protect all surface areas affected
by the mining and reclamation operation effectively to control
erosion and attendant air and water pollution;
(5) remove the topsoil, if any, from the land in a
separate layer, replace it on the backfill area, or if not utilized
immediately, segregate it in a separate pile from other spoil and
when the topsoil is not replaced on a backfill area within a time
short enough to avoid deterioration of the topsoil, maintain a
successful cover by quick growing plants or other means so that the
topsoil is preserved from wind and water erosion, remains free of
any contamination by toxic material, and is in a usable condition
for sustaining vegetation when restored during reclamation, except
if topsoil is of insufficient quantity or of poor quality for
sustaining vegetation and if other strata can be shown to be as
suitable for vegetation requirements, then the operator shall
remove, segregate, and preserve in a like manner the other strata
which is best able to support vegetation, provided that the
requirements of this provision shall not apply if a mixing of strata
can be shown to be equally suitable for revegetation requirements;
(6) replace the topsoil or the best available subsoil,
if any, on top of the land to be reclaimed;
(7) fill any auger holes with an impervious material
in order to prevent drainage;
(8) minimize the disturbances to the prevailing
hydrologic balance at the mine site and in associated offsite areas
and to the quality and quantity of water in surface and groundwater
systems both during and after surface mining operations and during
reclamation by:
(A) avoiding toxic mine drainage by such measures
as:
(i) preventing or removing water from
contact with toxic-producing deposits,
(ii) treating drainage to reduce toxic
content,
(iii) casing, sealing, or otherwise
managing boreholes, shafts, and wells to keep toxic drainage from
entering ground and surface water;
(B) conducting surface mining operations in a
manner to prevent unreasonable additional contributions of
suspended solids to streamflow or runoff outside the permit area
above natural levels under seasonal flow conditions;
(C) removing temporary or large siltation
structures from drainways consistent with good water conservation
practices after disturbed areas are revegetated and stabilized; or
(D) other actions as the commission may prescribe
pursuant to its rules;
(9) stabilize any waste piles;
(10) refrain from surface mining in proximity to
active and abandoned underground mines in which mining would cause
breakthroughs or would endanger the health or safety of miners;
(11) incorporate with respect to the use of
impoundments for the disposal of mine wastes, processing wastes, or
other liquid or solid wastes current engineering practices for the
design and construction of water retention facilities which, at a
minimum, shall be compatible with the requirements of Section
6.0731, Water Code, and applicable federal laws, ensure that
leachate will not pollute surface or groundwater, and locate
impoundments so as not to endanger public health and safety should
failure occur;
(12) ensure that all debris, toxic materials, or
materials constituting a fire hazard are treated or disposed of in a
manner designed to prevent contamination of ground or surface water
or combustion;
(13) ensure that any explosives are used only in
accordance with existing state and federal law and rules
promulgated by the commission;
(14) ensure that all reclamation efforts proceed as
contemporaneously as practicable with the surface mining
operations;
(15) ensure that construction, maintenance, and
postmining conditions of access roads into and across the site of
operations will minimize erosion and siltation, pollution of air
and water, damage to fish or wildlife or their habitat, or public or
private property, provided that the commission may permit the
retention after mining of certain access roads if compatible with
the approved reclamation plan;
(16) refrain from the construction of roads or other
access ways up a streambed or drainage channel or in proximity to
such channel where such construction would seriously alter the
normal flow of water;
(17) establish on all affected land, where required in
the approved reclamation plan, a diverse vegetative cover native to
the affected land where vegetation existed prior to mining and
capable of self-regeneration and plant succession equal in extent
of cover to the natural vegetation of the area, except that
introduced species may be used in the revegetation process where
desirable or necessary to achieve the approved reclamation plan;
(18) assume responsibility for successful
revegetation for a period of four years beyond the first year in
which the vegetation has been successfully established as evidenced
by the land being used as anticipated in the reclamation plan;
(19) ensure with respect to permanent impoundments of
water as part of the approved reclamation plan that:
(A) the size of the impoundment and the
availability of water are adequate for its intended purpose;
(B) the impoundment dam construction will meet
the requirements of Section 6.0731, Water Code, and applicable
federal laws;
(C) the quality of impounded water will be
suitable on a permanent basis for its intended use and the
discharges from the impoundment will not degrade the water quality
in the receiving stream;
(D) final grading will provide adequate safety
and access for anticipated water users; and
(E) the water impoundments will not result in the
diminution of the quality or quantity of water utilized by adjacent
or surrounding landowners for agricultural, industrial,
recreational, or domestic uses; and
(20) meet other criteria pursuant to the commission's
rules as are necessary to achieve reclamation in accordance with
the purposes of this chapter, taking into consideration the
physical, climatological, and other characteristics of the site.
(c) The purpose of this section is to have land affected
restored to the same condition as the land that existed enjoyed
before the mining or some substantially beneficial condition.
(d) A method of reclamation other than that provided in this
section may be approved by the commission after public hearing if
the commission determines that any method of reclamation required
by this section is not practical and that the alternative method
will provide for the affected land to be restored to a substantially
beneficial condition.
(e) If an alternative method of reclamation is generally
applicable to all surface mining operations involving a particular
mineral, the commission shall promulgate rules in the manner
provided in Section 131.033 of this code.
(f) The operator is entitled to access to the land affected
to the extent necessary to carry out the reclamation and
maintenance required under this chapter.
Acts 1977, 65th Leg., p. 2616, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 305, ch. 141, § 40,
eff. May 9, 1979; Acts 1979, 66th Leg., p. 850, ch. 379, § 2,
eff. June 6, 1979.
SUBCHAPTER D. SURFACE MINING PERMITS
§ 131.131. PERMIT REQUIRED FOR OPERATION. (a) No
person shall conduct a surface mining operation unless he first
obtains a surface mining permit issued by the commission under this
subchapter; provided, any operator conducting a surface mining
operation in this state before September 20, 1976, who has filed a
permit application pursuant to this chapter, may continue to
conduct that surface mining operation until the commission approves
or denies his application.
(b) An operator who was conducting a surface mining
operation in this state after the expiration of 180 days following
the promulgation of the initial rules under Section 131.026 of this
code and who has filed a permit application in accordance with the
provisions of this subchapter may continue to conduct the surface
mining operation until the commission approves or denies his
application.
Acts 1977, 65th Leg., p. 2619, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 1990, ch. 784, § 3,
eff. Aug. 27, 1979.
§ 131.132. FORM OF PERMIT APPLICATION. On application
to the commission for a surface mining permit, an operator shall
submit three copies of a permit application on a form prescribed by
the commission, and the commission shall require in the form the
information it considers reasonably necessary to process the
application and to ensure compliance with the provisions of this
chapter.
Acts 1977, 65th Leg., p. 2620, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.133. REQUIRED INFORMATION. The permit
application shall include information concerning:
(1) the name, address, ownership, and management
officers of the permit applicant and affiliated persons engaged in
surface mining;
(2) legal and equitable interests of record, if
reasonably ascertainable, in the surface and mineral estates of the
permit area and in the surface estate of land located within 500
feet of the permit area, provided that the mineral estate includes
only minerals as defined in this chapter;
(3) persons residing on the property at the time of the
application;
(4) current or previous surface mining permits held by
the applicant, including any revocations, suspensions, or bond
forfeitures;
(5) the type and method of surface mining operation,
the engineering techniques, and the equipment that is proposed to
be used, including mining schedules, the nature and expected amount
of overburden to be removed, the depth of excavations, a
description of the affected land and permit area, the results of any
test borings, test pits, or core samplings that have been gathered
from the permit area, and the anticipated hydrologic consequences
of the mining operation;
(6) the applicant's legal right to surface mine the
affected land; and
(7) other pertinent matters that the commission
considers reasonably necessary to effectuate the provisions of this
chapter.
Acts 1977, 65th Leg., p. 2620, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.134. DOCUMENTS TO BE INCLUDED WITH
APPLICATION. An applicant shall include with his permit
application a copy of a reclamation plan prepared as provided in
Section 131.101 of this code and a copy of the notice published in
compliance with the requirement of Section 131.159 of this code.
Acts 1977, 65th Leg., p. 2620, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.135. APPLICATION FEES. (a) Each application for
a surface mining permit shall be accompanied by an initial
application fee as determined by the commission in accordance with
a published fee schedule.
(b) An initial application fee shall be based as nearly as
possible on the actual or anticipated cost of reviewing the
application, but shall not exceed $400.
(c) After approval but before issuance of the surface mining
permit, the applicant shall pay an approved application fee in the
amount of $10 per acre of the permit area, which may be paid in
annual installments apportioned over the term of the permit.
Acts 1977, 65th Leg., p. 2620, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 1991, ch. 784, § 4,
eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 358, ch. 81, § 2(b),
eff. Sept. 1, 1983.
§ 131.136. AMENDMENT TO PERMIT APPLICATION. A permit
application may be amended to exclude the part of an operation that
lies within an area designated as unsuitable for surface mining
under Sections 131.035 through 131.041 of this code.
Acts 1977, 65th Leg., p. 2621, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.137. COMBINED PERMIT APPLICATION. (a) The
commission shall adopt rules permitting an operator of more than
one noncontiguous surface mining operation to submit a single
application for a combined surface mining permit covering all his
mining operations.
(b) A combined permit application shall require the same
detailing of information as required by this subchapter for each
separate location.
(c) An operator desiring to operate under a combined permit
may submit a consolidated reclamation plan covering all his
operations under rules prescribed by the commission, but he may be
required to furnish specific information relating to reclamation of
a single operating area if the commission determines that this is
necessary to carry out the purposes of this chapter.
(d) Except as provided in this section, each surface mining
operation submitted as part of a combined permit application shall
be separate and independent of all other surface mining operations
included in the same permit application.
(e) The commission may approve or deny an individual surface
mining operation and the reclamation plan that relates to an
individual surface mining operation without affecting other
portions of the same permit application.
Acts 1977, 65th Leg., p. 2621, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.138. FILING APPLICATION WITH COUNTY CLERK. After
deleting confidential information as provided in Section 131.048 of
this code, the commission shall file for public inspection with the
county clerk at the county courthouse of the county in which any
portion of the mining is proposed to occur a copy of each
application.
Acts 1977, 65th Leg., p. 2621, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.139. SUBMISSION OF APPLICATION TO AGENCIES FOR
COMMENT. (a) The commission immediately shall submit copies of
the permit application to the Parks and Wildlife Department, Texas
Natural Resource Conservation Commission, General Land Office,
Texas Historical Commission, State Soil and Water Conservation
Board, Bureau of Economic Geology, Texas Department of Health, and
other state agencies whose jurisdiction the commission feels the
particular mining operation may affect.
(b) Each of these agencies shall review the permit
application and submit any comments the agency cares to make within
30 days of receipt of the application.
(c) An agency's comments shall include an enumeration of
permits or licenses required under the agency's jurisdiction.
(d) The comments of each agency shall be made a part of the
record and a copy shall be furnished to the applicant.
Acts 1977, 65th Leg., p. 2621, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 795, § 1.154, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 76, § 11.274, eff.
Sept. 1, 1995.
§ 131.140. APPROVAL OF PERMIT. (a) The commission
shall grant a surface mining permit if it is established that the
permit application complies with the requirements of this chapter
and applicable federal and state laws.
(b) The commission may approve a surface mining permit
conditioned on the approval of other state permits or licenses that
may be required.
Acts 1977, 65th Leg., p. 2622, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.141. DENIAL OF A PERMIT. The commission shall
deny a permit if:
(1) it finds that the reclamation as required by this
chapter cannot be accomplished by means of the proposed reclamation
plan;
(2) part of the proposed operation lies within an area
designated as unsuitable for surface mining in Sections 131.035
through 131.041 of this code;
(3) it is advised by the Texas Natural Resource
Conservation Commission that the proposed mining operation will
cause pollution of water of the state, or that the proposed mining
operation will cause pollution of the ambient air of the state, in
violation of the laws of this state;
(4) the applicant has had another permit issued under
this chapter revoked or any bond posted to comply with this chapter
forfeited and the conditions causing the permit to be revoked or the
bond to be forfeited have not been corrected to the satisfaction of
the commission;
(5) it determines that the proposed operation will
endanger the health and safety of the public;
(6) the surface mining operation will adversely affect
a public highway or road; or
(7) the operator is unable to produce the bonds or
otherwise meet the requirements of Sections 131.201 through 131.206
of this code.
Acts 1977, 65th Leg., p. 2622, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 1989, ch. 784, § 2,
eff. Aug. 27, 1979; Acts 1995, 74th Leg., ch. 76, § 11.275, eff.
Sept. 1, 1995.
§ 131.142. TERM AND TRANSFERABILITY OF PERMIT. (a) A
surface mining permit issued under this chapter for uranium and
uranium ore shall be issued for a term of not more than 10 years.
(b) Except as provided in Sections 131.155 through 131.158
of this code, a surface mining permit is nontransferable.
Acts 1977, 65th Leg., p. 2622, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 308, ch. 141, § 41,
eff. May 9, 1979; Acts 1979, 66th Leg., p. 853, ch. 379, § 4,
eff. June 6, 1979.
§ 131.143. LIABILITY INSURANCE POLICY. (a) After a
permit application is approved but before the permit is issued, the
applicant shall file a certificate of insurance certifying that the
applicant has in force a public liability insurance policy issued
by an insurance company authorized to conduct business in this
state or, if the applicant is unable to obtain coverage from an
insurance carrier authorized to do business in this state, file,
with the commission's approval, such a certificate of insurance
from a surplus lines insurer that meets the requirements of Chapter
981, Insurance Code, and rules adopted by the commissioner of
insurance under that chapter.
(b) The liability insurance policy required by Subsection
(a) of this section shall cover all surface mining operations of the
applicant in this state and shall afford bodily injury protection
and accidental business property damage protection in an amount
determined by the commission to compensate adequately any persons
damaged as a result of surface mining and reclamation operations.
(c) The liability insurance policy shall be maintained in
full force and effect during the term of the permit or the renewal
of the permit, including the length of all reclamation operations.
Acts 1977, 65th Leg., p. 2622, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1987, 70th Leg., ch. 1050, § 3, eff. June
19, 1987; Acts 2003, 78th Leg., ch. 1276, § 10A.539, eff. Sept.
1, 2003.
§ 131.144. RULES FOR REVISION, TRANSFER, AND RENEWAL OF
PERMITS. The commission shall promulgate rules for renewal,
revision, and transfer of surface mining permits.
Acts 1977, 65th Leg., p. 2623, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.145. RIGHT TO RENEWAL. A valid surface mining
permit issued under this chapter carries with it the right of
successive renewal on expiration with respect to area within the
boundaries of the existing permit.
Acts 1977, 65th Leg., p. 2623, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.146. APPLICATION FOR AND ISSUANCE OF RENEWAL. The
holder of a permit may apply for renewal and the renewal shall be
issued on the basis of the following requirements and written
findings by the commission that:
(1) the terms and conditions of the existing permit
are being satisfactorily met;
(2) the performance bond or substitute collateral
required under the terms of this chapter will continue in full force
and effect and unimpaired for the requested renewal, revision, or
transfer;
(3) the operator has provided additional or revised
information as required by the commission; and
(4) notice under Section 131.159 of this code has been
provided with respect to the application for renewal, revision, or
transfer.
Acts 1977, 65th Leg., p. 2623, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.147. RENEWAL APPLICATION FEE. (a) Each
application for renewal of a surface mining permit shall be
accompanied by a renewal application fee as determined by the
commission in accordance with a published fee schedule.
(b) The fee shall be based as nearly as possible on the
actual or anticipated cost of reviewing the application, but in no
event shall the amount exceed $200.
(c) The approved application fee as provided in Section
131.135 of this code is not applicable to a renewal application
except for the portion, if any, that addresses any new land areas.
Acts 1977, 65th Leg., p. 2623, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.148. EXTENSION OF PERMIT COVERAGE. If an
application for renewal of a valid permit includes a proposal to
extend the mining operation beyond the boundaries authorized in the
existing permit, the portion of the application for renewal of a
valid permit that addresses any new land areas shall be subject to
the full standards, including application fees, applicable to new
applications under this chapter.
Acts 1977, 65th Leg., p. 2623, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.149. TERM OF RENEWAL PERMIT. A surface mining
permit renewal shall be for a term not to exceed the period of the
original permit established under this chapter.
Acts 1977, 65th Leg., p. 2623, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.150. TIME LIMIT FOR RENEWAL
APPLICATION. Application for permit renewal shall be made at least
90 days before the expiration of the valid permit.
Acts 1977, 65th Leg., p. 2623, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.151. REVISION OF PERMIT. During the term of a
surface mining permit, the permittee may submit an application,
together with a revised reclamation plan, to the commission for a
revision of the permit.
Acts 1977, 65th Leg., p. 2624, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.152. APPROVAL OR DISAPPROVAL OF PERMIT
REVISION. No application for a revision of a permit may be
approved unless the commission finds that reclamation as required
under this chapter can be accomplished under the revised
reclamation plan.
Acts 1977, 65th Leg., p. 2624, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 1989, ch. 784, § 2,
eff. Aug. 27, 1979.
§ 131.153. GUIDELINES FOR REVISION. (a) The
commission shall establish by rule guidelines for a determination
of the scale or extent of a revision request to which all permit
application information requirements and procedures, including
notice and hearings, shall apply.
(b) A revision that proposes a substantial change in the
intended future use of the land or significant alteration in the
reclamation plan shall be subject at a minimum to the notice and
hearing requirements provided in Sections 131.159 and 131.163 of
this code.
Acts 1977, 65th Leg., p. 2624, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.154. EXTENSIONS TO AREA. Except for incidental
boundary revisions, an extension to the area covered by a permit
must be made by application for another permit or for revision of a
permit.
Acts 1977, 65th Leg., p. 2624, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.155. TRANSFER OF PERMIT. (a) No transfer,
assignment, or sale of the rights granted under a permit issued
under this chapter shall be made without the written approval of the
commission.
(b) A person desiring to succeed to the interests of a
permittee under this chapter must file an application on a form
prescribed by the commission and including any pertinent
information the commission by rule may require.
Acts 1977, 65th Leg., p. 2624, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.156. REQUIRED INFORMATION FOR TRANSFER. As part
of the information for transfer, the commission shall require:
(1) the information required by Subdivisions (1) and
(4) of Section 131.133 of this code relating to ownership and other
mining activities of the applicant;
(2) proof that the public liability insurance
requirement in Section 131.143 of this code will be fulfilled;
(3) proof that the performance bond or substitute
collateral required by Sections 131.201 through 131.206 of this
code will be furnished; and
(4) the statement of the applicant that he will
faithfully carry out all of the requirements of the reclamation
plan approved in the original application.
Acts 1977, 65th Leg., p. 2624, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.157. APPROVAL OF TRANSFER. After notice and an
opportunity for a public hearing, if required under Sections
131.159 and 131.163 of this code, and on a written finding by the
commission that the requirements of Sections 131.146 through
131.150 of this code have been met, the application for transfer
shall be approved.
Acts 1977, 65th Leg., p. 2624, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.158. DENIAL OF APPLICATION FOR TRANSFER. An
application for transfer shall be denied if the applicant has had a
permit issued under this chapter revoked or a bond posted to comply
with this chapter forfeited, and the conditions causing the permit
to be revoked or the bond to be forfeited have not been corrected to
the satisfaction of the commission.
Acts 1977, 65th Leg., p. 2625, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 849, ch. 379, § 1, eff.
June 6, 1979.
§ 131.159. NOTICE BY APPLICANT. (a) At the time an
application for a surface mining permit or an application for
revision, renewal, or transfer of an existing surface mining permit
is submitted under this chapter, the applicant shall publish notice
of the ownership, location, and boundaries of the permit area
sufficiently detailed for local residents to locate readily the
proposed operation and the location at which the application is
available for public inspection.
(b) The notice shall be published in the local newspaper of
greatest general circulation in the locality in which the proposed
surface mine is to be located.
(c) The notice shall be published at least once a week for
four consecutive weeks.
Acts 1977, 65th Leg., p. 2625, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.160. NOTIFICATION BY COMMISSION. The commission
shall contact various local governmental bodies, planning
agencies, sewage, and water treatment authorities or water
companies that have jurisdiction over or in the locality in which
the proposed surface mining will occur, and the owners of record of
surface areas within 500 feet of any part of the permit area and
shall give them notice of the applicant's intention to surface mine
a particularly described tract of land and indicate the applicant's
permit number, if any, and the place at which a copy of the proposed
mining and reclamation plan may be inspected.
Acts 1977, 65th Leg., p. 2625, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.161. COMMENTS. (a) Within 30 days after the last
publication as provided in Section 131.159 of this code, each local
body, agency, authority, or company may submit written comments
with respect to the effect of the proposed operation on the
environment within its area of responsibility.
(b) These comments shall be made part of the record, and one
copy of the comments shall be furnished to the operator.
Acts 1977, 65th Leg., p. 2625, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.162. WRITTEN OBJECTIONS. (a) Within 30 days
after the last publication of notice under Section 131.159 of this
code, a person affected or a federal, state, or local governmental
agency or authority is entitled to file with the commission written
objections to the application for a surface mining permit or to the
application for the renewal, revision, or transfer of a surface
mining permit.
(b) The written objections shall be made part of the record
and one copy of the written objections shall be furnished to the
operator.
Acts 1977, 65th Leg., p. 2625, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.163. NOTICE AND PUBLIC HEARING. (a) If the
commission determines that the application for a surface mining
permit is of a significance sufficient to warrant a public hearing,
the commission shall hold a public hearing in the locality of the
proposed surface mining and reclamation operations.
(b) In determining whether to hold a public hearing, the
commission shall consider any objections that have been filed, and
if no substantial written objections have been filed, no hearing
shall be required.
(c) The commission shall publish notice of the date, time,
and location of the public hearing in the newspaper with the
greatest general circulation in the locality at least once a week
for three consecutive weeks before the scheduled hearing date.
Acts 1977, 65th Leg., p. 2625, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 853, ch. 379, § 5, eff.
June 6, 1979.
§ 131.165. PROCEDURE. The commission shall comply with
the Administrative Procedure and Texas Register Act in all
proceedings under this chapter except where inconsistent with this
chapter.
Acts 1977, 65th Leg., p. 2626, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 1989, ch. 784, § 2,
eff. Aug. 27, 1979.
SUBCHAPTER E. BONDS AND DEPOSITS
§ 131.201. PERFORMANCE BOND REQUIREMENT. (a) After a
surface mining permit application has been approved but before the
permit is issued, the applicant shall file with the commission, on a
form prescribed by rule, a bond for performance payable to the State
of Texas and conditioned on full and faithful performance of all the
requirements of this chapter and the permit.
(b) The bond shall cover that area of land within the permit
area on which the operator will initiate and conduct surface mining
and reclamation operations, and as succeeding increments of surface
mining and reclamation operations are to be initiated and conducted
within the permit area, the operator shall file with the commission
an additional bond or bonds to cover the increments in accordance
with Sections 131.202 through 131.206 of this code.
Acts 1977, 65th Leg., p. 2626, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.202. AMOUNT OF PERFORMANCE BOND. (a) The amount
of the bond required for each bonded area depends on the reclamation
requirements of the approved permit and shall be determined by the
commission.
(b) The commission's determination shall be based on two
estimates, one of which shall be submitted by the permit applicant
and the other prepared by the commission under procedures
established by rule. Only the commission's estimate will be
considered if the applicant waives the right to submit an estimate.
(c) 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.
Acts 1977, 65th Leg., p. 2627, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 639, § 1, eff. June
16, 1991.
§ 131.203. BOND WITHOUT SURETY. The commission may
accept the bond of the operator itself, without separate surety, if
the operator demonstrates to the satisfaction of the commission the
existence of a suitable agent to receive service of process and a
history of financial solvency and continuous operation sufficient
to self-insure or bond the amount.
Acts 1977, 65th Leg., p. 2627, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.204. EXTENT OF LIABILITY UNDER BOND. 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 Section 131.102 of this code.
Acts 1977, 65th Leg., p. 2627, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.205. SECURITY FOR BOND. (a) The bond shall be
executed by the operator and a corporate surety licensed to do
business in this state, or 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
deposit form prescribed by the commission's rules.
(b) A cash deposit or market value of the substitute
collateral shall be equal to or greater than the amount of the bond
required for the bonded area.
(c) Cash or other substitute collateral shall be deposited
on the same terms as the terms on which surety bonds may be
deposited.
Acts 1977, 65th Leg., p. 2627, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.206. INCREASE OR DECREASE OF BOND. (a) 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.
(b) The amount of the bond or substitute collateral may be
reduced only in accordance with the provisions of Sections 131.208
through 131.213 of this code.
Acts 1977, 65th Leg., p. 2627, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.207. FORFEITURE OF OPERATOR'S PERFORMANCE
BOND. On issuance of a final order revoking an operator's permit
for failure to comply with an order of the commission to take action
as required by this chapter or rules adopted under this chapter, the
operator's performance bond shall be forfeited if it is determined
that forfeiture is necessary to reclaim land disturbed by the
operator's surface mining operation.
Acts 1977, 65th Leg., p. 2628, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.208. APPLICATION FOR RELEASE OF PERFORMANCE BOND
OR DEPOSIT. (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.
(b) The application shall be on a form prescribed by the
commission and in addition to other information the commission may
require, shall include the type and the approximate date of
reclamation work performed and a description of the results
achieved as they relate to the operator's reclamation plan.
(c) The commission shall file a copy of the bond release
application for public inspection with the county clerk at the
county courthouse of the county in which the surface mining and
reclamation operation is located.
Acts 1977, 65th Leg., p. 2628, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.209. NOTICE. (a) The operator shall submit a
copy of a notice that has been published once a week for four
consecutive weeks in the newspaper of greatest general circulation
in the locality of the surface mining and reclamation operation.
(b) The advertisement shall be considered part of any bond
release application and shall include:
(1) notice of the location and boundaries of the land
affected;
(2) the permit number and the date approved;
(3) the amount of the bond filed and the portion sought
to be released; and
(4) the location at which the bond release application
has been placed for public inspection.
Acts 1977, 65th Leg., p. 2628, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.210. INSPECTION AND EVALUATION. (a) On receipt
of the notice and request, the commission shall conduct an
inspection and evaluation of the reclamation work involved, the
inspection and evaluation to occur within a reasonable time not to
exceed 45 days.
(b) The evaluation shall consider among other things:
(1) the degree of difficulty to complete remaining
reclamation;
(2) whether pollution of surface and subsurface water
is occurring;
(3) the probability of continuance or future
occurrence of pollution; and
(4) the estimated cost of abating pollution.
Acts 1977, 65th Leg., p. 2628, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.211. BASIS FOR RELEASE OF BOND OR DEPOSIT. The
commission may release in whole or part the bond or deposit if it is
satisfied that reclamation covered by the bond or deposit or a
portion of the bond or deposit has been accomplished as required by
this chapter according to the following schedule:
(1) when the operator completes required backfilling,
regrading, and drainage control of a bonded area as provided in his
approved reclamation plan, the commission may authorize the release
of up to 75 percent of the bond or substitute collateral for the
applicable permit area, provided the amount of the unreleased
portion of the bond or substitute collateral is not less than the
amount necessary to assure completion of the reclamation work by a
third party in the event of forfeiture; and
(2) when the operator has successfully completed the
remaining reclamation activities, but not before the expiration of
the period specified for operator responsibility in Section 131.102
of this code, the commission may release the remaining portion of
the bond or substitute collateral, provided that no bond is fully
released until all reclamation requirements of this chapter are
fully met.
Acts 1977, 65th Leg., p. 2628, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.212. DISAPPROVAL OF APPLICATION FOR BOND OR
DEPOSIT RELEASE. If the commission disapproves the application
for release of the bond or deposit or a portion of the bond or
deposit, it shall notify the operator in writing of the reasons for
disapproval and recommend corrective actions necessary to secure
the release.
Acts 1977, 65th Leg., p. 2629, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.213. NOTICE OF RELEASE TO LOCAL GOVERNMENTAL
AGENCY. Within 30 days after an application for total or partial
bond or deposit release is filed with the commission, the
commission shall notify the local governmental agency in which the
surface mining operation is located by certified mail.
Acts 1977, 65th Leg., p. 2629, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.214. OBJECTIONS TO RELEASE. (a) Any person or
the officer or head of a federal, state, or local governmental
agency is entitled to file written objections to the proposed
release from the bond or deposit.
(b) The objections must be filed with the commission within
30 days after the last publication of notice as provided in Section
131.209 of this code.
(c) If the commission determines that the application is of
a significance sufficient to warrant a public hearing considering
the objections that have been filed, the commission shall hold a
public hearing.
(d) The commission shall give notice to all interested
parties of the time and place of the hearing which shall be
conducted as provided in Sections 131.160 through 131.164 of this
code.
(e) The hearing shall be held in the locality of the surface
mining operation proposed for bond or deposit release.
(f) Notice of the date, time, and location of the public
hearing shall be published by the commission as provided in Section
131.163 of this code.
Acts 1977, 65th Leg., p. 2629, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
SUBCHAPTER F. FUNDS
§ 131.231. LAND RECLAMATION FUND. (a) Money received
through the payment of fees, loans, grants, gifts, penalties, bond
forfeitures, and other money received by the commission shall be
deposited in the State Treasury and credited to a special account to
be designated the land reclamation fund.
(b) The fund shall be available to the commission and may be
spent for the administration and enforcement of this chapter and
for the reclamation of land affected by surface mining operations.
Acts 1977, 65th Leg., p. 2629, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.232. APPROPRIATION. Money for the operation of
the commission under this chapter shall be appropriated by the
legislature.
Acts 1977, 65th Leg., p. 2630, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.233. USE OF PROCEEDS FROM BOND FORFEITURES AND
PENALTIES. Proceeds from the forfeiture of bonds and penalties
recovered shall be spent to reclaim land as provided in this chapter
with respect to which the bonds were provided and the penalties
assessed.
Acts 1977, 65th Leg., p. 2630, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.234. RECLAMATION OF LAND. (a) In the
reclamation of land affected by surface mining for which funds are
available, the commission may use services of other state agencies
or the federal government and may compensate them for the services.
(b) The commission may have reclamation work done by its own
employees or by employees of other governmental agencies or through
contracts with qualified persons.
(c) The contracts shall be awarded to the lowest bidder on
competitive bids after reasonable advertisement.
(d) The commission and any other agency and any contractor
under a contract are entitled to access to the land affected to
carry out the reclamation.
Acts 1977, 65th Leg., p. 2630, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
SUBCHAPTER G. ENFORCEMENT
§ 131.261. CONDITIONS, PRACTICES, AND VIOLATIONS
CREATING IMMINENT DANGER OR CAUSING IMMINENT HARM. (a) On the
basis of any inspection, if the commission or its authorized
representative or agent determines that a condition or practice
exists or that a permittee is in violation of a requirement of this
chapter or a permit condition required by this chapter, and that
this condition, practice, or violation also creates an imminent
danger to the health or safety of the public or is causing or can
reasonably be expected to cause significant imminent harm to land,
air, or water resources, a member of the commission shall
immediately order a cessation of surface mining operations on the
portion of the area relevant to the condition, practice, or
violation.
(b) The cessation order shall set a time and place for a
hearing to be held before the commission and shall be held as soon
after the order is issued as is practicable.
(c) The requirements of Section 131.159 of this code
relating to time for notice, newspaper notice, and method of giving
notice do not apply to a hearing under this section, but general
notice shall be given in the manner that the commission judges to be
practicable under the circumstances.
(d) No more than 24 hours after the commencement of the
hearing and without adjournment, the commission shall affirm,
modify, or set aside the order.
Acts 1977, 65th Leg., p. 2630, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.262. VIOLATIONS NOT CREATING IMMINENT DANGER OR
CAUSING IMMINENT HARM. (a) On the basis of an inspection, if the
commission or its authorized representative or agent determines
that a permittee is in violation of a requirement of this chapter or
a permit condition required by this chapter, but the violation does
not create an imminent danger to the health or safety of the public
or is not causing or reasonably expected to cause significant
imminent harm to land, air, or water resources, the commission
shall issue a notice to the permittee or his agent setting a
reasonable time not to exceed 30 days for the abatement of the
violation.
(b) If, on expiration of the period of time as originally
set or subsequently extended, for good cause shown, and on written
finding of the commission, the commission finds that the violation
has not been abated, it may order a cessation of surface mining
operations on the portion of this area relevant to the violation.
However, if requested by the operator, a hearing must be held prior
to a commission finding or order.
(c) The cessation order shall remain in effect until the
commission determines that the violation has been abated or until
modified, vacated, or terminated by the commission under Section
131.263 of this code.
Acts 1977, 65th Leg., p. 2631, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.263. CONTINUOUS VIOLATIONS. (a) On the basis of
an inspection, if the commission has reason to believe that a
pattern of violations of any requirements of this chapter or any
permit conditions required by this chapter exists or has existed,
and if the commission also finds that these violations are caused by
the unwarranted failure of the permittee to comply with
requirements of this chapter or permit conditions or that the
violations are wilfully caused by the permittee, the commission
shall issue an order to the permittee forthwith to show cause as to
why the permit should not be suspended or revoked.
(b) The order shall set a time and place for a public hearing
to be held in accordance with the notice and procedural
requirements of Sections 131.159 through 131.164 of this code.
(c) On failure of a permittee to show cause why the permit
should not be suspended or revoked, the commission shall promptly
suspend, or revoke the permit.
Acts 1977, 65th Leg., p. 2631, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.264. FORM OF NOTICES AND ORDERS. (a) Notices and
orders issued under Sections 131.261 through 131.263 of this code
shall set forth with reasonable specificity:
(1) the nature of the violation and the remedial
action required;
(2) the period of time established for abatement; and
(3) a reasonable description of the portion of the
surface mining and reclamation operation to which the notice or
order applies.
(b) Each notice or order issued under this section shall be
given promptly to the permittee or his agent by the commission.
(c) Notices and orders shall be in writing and shall be
signed by the commission or its authorized representative.
(d) A notice or order issued under Sections 131.261 through
131.263 of this code may be modified, vacated, or terminated by the
commission.
Acts 1977, 65th Leg., p. 2631, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.265. CIVIL ACTIONS. (a) The commission may
request the attorney general to institute a civil action for
relief, including a permanent or temporary injunction, restraining
order, or other appropriate order, if the permittee:
(1) violates or fails or refuses to comply with an
order or decision issued by the commission under this chapter;
(2) interferes with, hinders, or delays the commission
or its authorized representative in carrying out the provisions of
this chapter;
(3) refuses to admit an authorized representative to
the mine;
(4) refuses to permit inspection of the mine by an
authorized representative;
(5) refuses to furnish information or a report
requested by the commission under the commission's rules; or
(6) refuses to permit access to and copying of records
the commission determines reasonably necessary to carry out the
provisions of this chapter.
(b) The action shall be brought in a district court in
Travis County or in the county in which the greater portion of the
surface mining and reclamation operation is located.
(c) The court has jurisdiction to provide the relief that is
appropriate, and relief granted by the court to enforce Subdivision
(1) of Subsection (a) of this section shall continue in effect until
the completion or final termination of all proceedings for review
of the order under this chapter unless before that time the district
court granting the relief sets the order aside or modifies it.
Acts 1977, 65th Leg., p. 2632, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.266. INJUNCTIVE RELIEF AND CIVIL
PENALTY. (a) The commission may have a civil suit instituted for
injunctive relief to restrain a permittee from continuing a
violation or threatening a violation or for the assessment of a
civil penalty of not more than $5,000 as the court considers proper
for each day of violation, or for both.
(b) In determining the amount of the civil penalty,
consideration shall be given to:
(1) the permittee's history of previous violations
under this chapter;
(2) the appropriateness of the penalty to the size of
the business of the permittee;
(3) the seriousness of the violation, including
irreparable harm to the environment and hazard to the health or
safety of the public;
(4) whether the permittee was negligent; and
(5) the demonstrated good faith of the permittee
charged in attempting to achieve rapid compliance after notice of
the violation.
Acts 1977, 65th Leg., p. 2632, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.2661. ADMINISTRATIVE PENALTY. (a) If a person
violates a permit of this chapter and the violation results in
pollution of the air or water of this state or poses a threat to the
public safety, the person may be assessed a civil penalty by the
commission.
(b) The penalty may not exceed $10,000 a day for each
violation. Each day a violation continues may be considered a
separate violation for purposes of penalty assessments.
(c) In determining the amount of the penalty, the commission
shall consider the permittee's history of previous violations of
this chapter, the seriousness of the violation, any hazard to the
health or safety of the public, and the demonstrated good faith of
the permittee or person charged.
Added by Acts 1983, 68th Leg., p. 1409, ch. 286, § 2, eff. Aug.
29, 1983.
§ 131.2662. PENALTY ASSESSMENT PROCEDURE. (a) A civil
penalty may be assessed only after the person charged with a
violation described under Section 131.2661 of this code has been
given an opportunity for a public hearing.
(b) If a public hearing has been held, the commission shall
make findings of fact, and it shall issue a written decision as to
the occurrence of the violation and the amount of the penalty that
is warranted, incorporating, when appropriate, an order requiring
that the penalty be paid.
(c) If appropriate, the commission shall consolidate the
hearings with other proceedings under this chapter.
(d) If the person charged with the violation fails to avail
himself of the opportunity for a public hearing, a civil penalty may
be assessed by the commission after it has determined that a
violation did occur and the amount of the penalty that is warranted.
(e) The commission shall then issue an order requiring that
the penalty be paid.
Added by Acts 1983, 68th Leg., p. 1409, ch. 286, § 2, eff. Aug.
29, 1983.
§ 131.2663. PAYMENT OF PENALTY; REFUND. (a) On the
issuance of notice or an order finding that a violation has
occurred, the commission shall inform the person charged within 30
days of the proposed amount of the penalty.
(b) Within the 30-day period immediately following the day
on which the notice or order is issued, the person charged with the
penalty shall pay the proposed penalty in full or, if the person
wishes to contest either the amount of the penalty or the fact of
the violation, forward the proposed amount to the commission for
placement in an escrow account.
(c) If through administrative or judicial review of the
proposed penalty it is determined that no violation occurred or
that the amount of the penalty should be reduced, the commission
shall, within the 30-day period immediately following that
determination, remit the appropriate amount to the person, with
interest at the prevailing United States Department of the Treasury
rate.
(d) Failure to forward the money to the commission within
the time provided by Subsection (b) of this section results in a
waiver of all legal rights to contest the violation or the amount of
the penalty.
Added by Acts 1983, 68th Leg., p. 1409, ch. 286, § 2, eff. Aug.
29, 1983.
§ 131.2664. RECOVERY OF PENALTY. Civil penalties owed
under Sections 131.2661-131.2663 of this code may be recovered in a
civil action brought by the attorney general at the request of the
commission.
Added by Acts 1983, 68th Leg., p. 1409, ch. 286, § 2, eff. Aug.
29, 1983.
§ 131.267. CRIMINAL PENALTY FOR VIOLATING PERMITS AND
ORDERS. A person who wilfully and knowingly violates a condition
of a permit issued under this chapter or fails or refuses to comply
with an order issued under Section 131.264 of this code or an order
incorporated in a final decision issued by the commission under
this chapter, on conviction by a district court, shall be punished
by a criminal penalty of not more than $10,000 or by imprisonment
for not more than one year or by both.
Acts 1977, 65th Leg., p. 2632, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.268. CRIMINAL PENALTY FOR CORPORATE
PERMITTEE. If a corporate permittee violates a condition of a
permit issued under this chapter or fails or refuses to comply with
an order issued under Section 131.264 of this code or an order
incorporated in a final decision issued by the commission under
this chapter, a director, officer, or agent of the corporation who
wilfully and knowingly authorized, ordered, or carried out the
violation, failure, or refusal, on conviction by a district court,
is punishable by a criminal penalty of not more than $10,000 or by
imprisonment for not more than one year or by both.
Acts 1977, 65th Leg., p. 2632, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.269. CRIMINAL PENALTY FOR FALSE STATEMENT,
REPRESENTATION, OR CERTIFICATION. A person who knowingly makes a
false statement, representation, or certification or who knowingly
fails to make a statement, representation, or certification in an
application, record, report, plan, or other document filed or
required to be maintained under this chapter, on conviction by a
district court, is punishable by a criminal penalty of not more than
$10,000 or by imprisonment for not more than one year or by both.
Acts 1977, 65th Leg., p. 2633, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 131.270. RECOVERY OF CIVIL PENALTIES. (a) The
commission may request the attorney general to institute a suit to
recover civil or criminal penalties or to obtain injunctive relief
or for both as provided in Sections 131.265 through 131.269 of this
code.
(b) Suit shall be brought in a district court in Travis
County or in the county in which the greater portion of the surface
mining and reclamation operation is located.
Acts 1977, 65th Leg., p. 2633, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
SUBCHAPTER H. DISCHARGES
§ 131.301. DISCHARGE RULES, ORDERS, AND PERMITS. To
prevent the pollution of surface and subsurface water in the state,
the commission shall adopt rules and may issue orders and permits
relating to the discharge of waste or any other substance or
material from any uranium exploration activity. Notwithstanding
any provision of any other section of this chapter, a rule, order,
or permit issuable by the commission under this subchapter shall be
issued, administered, and enforced solely in the manner provided in
this subchapter, in such rule, order, or permit, or in Chapter 2001,
Government Code.
Added by Acts 1985, 69th Leg., ch. 921, § 7, eff. June 15, 1985.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept.
1, 1995.
§ 131.302. ACCESS TO PROPERTY AND RECORDS. Members and
employees of the commission, on proper identification, may enter
public or private property to inspect and investigate conditions
associated with any uranium exploration activity and related to the
quality of water in the state, to inspect and investigate
conditions related to the development of rules, orders, or permits
issuable by the commission under this subchapter, to monitor
compliance with any rule, order, or permit issued by the commission
under this subchapter, or to examine and copy, during reasonable
working hours, any records required to be maintained under any
rule, order, or permit issued by the commission under this
subchapter. Members or employees acting under the authority of
this section who enter an establishment on public or private
property shall observe the establishment's safety, internal
security, and fire protection rules.
Added by Acts 1985, 69th Leg., ch. 921, § 7, eff. June 15, 1985.
§ 131.303. INJUNCTIVE RELIEF AND CIVIL PENALTY. If a
person violates or threatens to violate a rule, order, or permit
issued by the commission under this subchapter, the commission may
request the attorney general to institute an action to obtain a
permanent or temporary injunction, temporary restraining order, or
other appropriate order enjoining the violation or threatened
violation, or to recover a civil penalty of not more than $10,000 a
day for each violation or threatened violation, or for both
injunctive relief and civil penalty. The action shall be brought in
a court of competent jurisdiction in Travis County, in the county in
which the violation occurred, or in the county of residence of any
defendant.
Added by Acts 1985, 69th Leg., ch. 921, § 7, eff. June 15, 1985.
§ 131.304. ADMINISTRATIVE PENALTY. A person who
violates a rule, order, or permit issued by the commission under
this subchapter may be assessed a civil penalty by the commission.
The penalty may not exceed $10,000 a day for each violation. Each
day a violation continues may be considered a separate violation
for purposes of penalty assessments. In determining the amount of
the penalty, the commission shall consider the permittee's history
of previous violations, the seriousness of the violation, any
hazard to the health or safety of the public, and the demonstrated
good faith of the person charged. The penalty shall be assessed,
recovered, and contested in accordance with the procedures provided
in Sections 131.2662-131.2664 of Subchapter G of this chapter.
Added by Acts 1985, 69th Leg., ch. 921, § 7, eff. June 15, 1985.
§ 131.305. CRIMINAL PENALTY. A person who knowingly,
willfully, or with criminal negligence violates a rule, order, or
permit issued by the commission under this subchapter commits an
offense that is punishable by a fine of not more than $10,000 a day
for each violation. Venue for prosecution of an alleged violation
is in a court of competent jurisdiction in the county in which the
violation is alleged to have occurred.
Added by Acts 1985, 69th Leg., ch. 921, § 7, eff. June 15, 1985.
