Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 12 - COAL MINING REGULATIONS
Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS
Division 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS
Section 12.221 - Conditions of Permits: Environment, Public Health, and Safety

Universal Citation: 16 TX Admin Code § 12.221

Current through Reg. 50, No. 13; March 28, 2025

(a) The permittee shall take all possible steps to minimize any adverse impact to the environment or public health and safety resulting from noncompliance with any term or condition of the permit; including, but not limited to:

(1) any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of the noncompliance;

(2) immediate implementation of measures necessary to comply; and

(3) warning, as soon as possible after learning of such noncompliance, any person whose health and safety is in imminent danger due to the noncompliance.

(b) The permittee shall dispose of solids, sludge, filter backwash, or pollutants removed in the course of treatment or control of waters or emissions to the air in the manner required by Subchapter K of this chapter (relating to Permanent Program Performance Standards), and which prevents violation of any other applicable state or federal law.

(1) in accordance with any measures specified in the permit as necessary to prevent significant, imminent environmental harm to the health or safety of the public; and

(2) utilizing any methods specified in the permit by the Commission in approving alternative methods of compliance with the performance standards of the Act and these Regulations, in accordance with the provisions of the Act, of § 12.216(12) of this title (relating to Criteria for Permit Approval or Denial) and Subchapter K of this chapter.

(d) Within 30 days after a cessation order is issued under §§ 12.677- 12.684 of this title (relating to Enforcement) for operations conducted under the permit, except where a stay of the cessation order is granted and remains in effect the permittee shall either submit to the Commission the following information, current to the date the cessation order was issued, or notify the Commission in writing that there has been no change since the immediately preceding submittal of such information:

(1) any new information needed to correct or update the information previously submitted to the Commission by the permittee under § 12.116(a) or § 12.156(a) of this title (relating to Identification of Interests and Compliance Information); or

(2) If not previously submitted, the information required from a permit applicant by § 12.116(a) or § 12.156(a) of this title.

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