CHAPTER 131. URANIUM SURFACE MINING AND RECLAMATION ACT
NATURAL RESOURCES CODE
TITLE 4. MINES AND MINING
CHAPTER 131. URANIUM SURFACE MINING AND RECLAMATION ACT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 131.001. SHORT TITLE. This chapter may be cited as the
Texas Uranium Exploration, Surface Mining, and Reclamation Act.
Acts 1977, 65th Leg., p. 2607, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 305, ch. 141,
Sec. 39, eff. May 9, 1979; Acts 1979, 66th Leg., p. 849, ch. 379,
Sec. 1, eff. June 6, 1979.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1117, Sec. 1, eff. September 1, 2007.
Sec. 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 land explored for minerals and
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 explore for or to extract
minerals required by our society without disturbing 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 land explored for minerals and 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 849, ch. 379,
Sec. 1, eff. June 6, 1979.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1117, Sec. 1, eff. September 1, 2007.
Sec. 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 exploration and 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 explored land and
surface-mined land is accomplished as contemporaneously as
practicable with the exploration or surface mining, recognizing
that the exploration for and extraction of minerals by
responsible operations is an essential and beneficial economic
activity.
Acts 1977, 65th Leg., p. 2608, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1117, Sec. 1, eff. September 1, 2007.
Sec. 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) a discharge permit issued by the commission pursuant to
Subchapter H of this chapter; or
(B) an exploration permit issued by the commission pursuant to
Subchapter I 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 308, ch. 141,
Sec. 42, eff. May 9, 1979; Acts 1979, 66th Leg., p. 853, ch. 379,
Sec. 3, eff. June 6, 1979; Acts 1979, 66th Leg., p. 1989, ch.
784, Sec. 1, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 413,
ch. 171, Sec. 1, eff. May 20, 1981; Acts 1985, 69th Leg., ch.
921, Sec. 5, 6, eff. June 15, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1117, Sec. 2, eff. September 1, 2007.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER B. POWERS AND DUTIES OF THE COMMISSION
Sec. 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 exploration, 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 exploration
or 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, an
exploration or 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 reports and to require persons who hold
exploration or surface mining permits 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, Sec. 1, eff.
Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1117, Sec. 3, eff. September 1, 2007.
Sec. 131.022. JURISDICTION OF COMMISSION. (a) The commission
is the mining and reclamation authority for the State of Texas
and has exclusive jurisdiction for establishing reclamation
requirements for mining and exploration operations in this state,
except for in situ recovery processes.
(b) Except as provided by Section 131.354, the commission has
exclusive jurisdiction and is solely responsible for the
regulation of all exploration activities.
Acts 1977, 65th Leg., p. 2611, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1117, Sec. 3, eff. September 1, 2007.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 305, ch. 141,
Sec. 39, eff. May 9, 1979; Acts 1979, 66th Leg., p. 849, ch. 379,
Sec. 1, eff. June 6, 1979.
Sec. 131.034. EXPLORATION ACTIVITIES. The commission shall
promulgate rules governing uranium exploration activity.
Acts 1977, 65th Leg., p. 2613, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1117, Sec. 3, eff. September 1, 2007.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1989, ch. 784,
Sec. 2, eff. Aug. 27, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec.
4(48), eff. Aug. 31, 1981.
Acts 1977, 65th Leg., p. 2615, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1989, ch. 784,
Sec. 2, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 2646, ch.
707, Sec. 4(48), eff. Aug. 31, 1981.
Sec. 131.048. CONFIDENTIALITY. Information submitted to the
commission concerning mineral deposits, including test borings,
core samplings, geophysical logs, or trade secrets or privileged
commercial or financial information relating to the competitive
rights of the applicant for an exploration permit or surface
mining permit 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, Sec. 1, eff.
Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1117, Sec. 3, eff. September 1, 2007.
Sec. 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, Sec. 6, eff. June
6, 1979. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),
eff. Sept. 1, 1995.
SUBCHAPTER C. PLANS AND STANDARDS
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 305, ch. 141,
Sec. 40, eff. May 9, 1979; Acts 1979, 66th Leg., p. 850, ch. 379,
Sec. 2, eff. June 6, 1979.
SUBCHAPTER D. SURFACE MINING PERMITS
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1990, ch. 784,
Sec. 3, eff. Aug. 27, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1991, ch. 784,
Sec. 4, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 358, ch. 81,
Sec. 2(b), eff. Sept. 1, 1983.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 795, Sec.
1.154, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 76, Sec.
11.274, eff. Sept. 1, 1995.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1989, ch. 784,
Sec. 2, eff. Aug. 27, 1979; Acts 1995, 74th Leg., ch. 76, Sec.
11.275, eff. Sept. 1, 1995.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 308, ch. 141,
Sec. 41, eff. May 9, 1979; Acts 1979, 66th Leg., p. 853, ch. 379,
Sec. 4, eff. June 6, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1987, 70th Leg., ch. 1050, Sec. 3,
eff. June 19, 1987; Acts 2003, 78th Leg., ch. 1276, Sec. 10A.539,
eff. Sept. 1, 2003.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1989, ch. 784,
Sec. 2, eff. Aug. 27, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 849, ch. 379,
Sec. 1, eff. June 6, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1977.
Sec. 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 a