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 13 - PERMIT REVIEWS, REVISIONS, AND RENEWALS, AND TRANSFERS, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS
Section 12.228 - Permit Renewals: Completed Applications
Universal Citation: 16 TX Admin Code § 12.228
Current through Reg. 50, No. 13; March 28, 2025
(a) Contents. Complete applications for renewals of a permit shall be made within the time prescribed by § 12.106(b)(2) of this title (relating to Permit Application Filing Deadlines). Renewal applications shall be in a form and with contents required by the Commission under the regulatory program and in accordance with subsection (b)(2) of this section, including, at a minimum, the following:
(1) a statement of the name and address of
the permittee, the term of the renewal requested, the permit number, and a
description of any changes to the matters set forth in the original application
for a permit or prior permit renewal;
(2) a copy of the newspaper notice and proof
of publication of same under §
12.207(a) of
this title (relating to Public Notices of Filing of Permit Applications);
and
(3) Evidence that liability
insurance policy or adequate self-insurance under §
12.311 of this title (relating to
Terms and Conditions for Liability Insurance) will be provided by the applicant
for the proposed period of renewal.
(b) Processing and review.
(1) Complete applications for renewal shall
be subject to the requirements of public notification and participation
contained in §§
12.207-
12.209 of this title (relating to
Public Notices of Filing of Permit Applications, to Opportunity for Submission
of Written Comments on Permit Applications, and to Right to File Written
Objections).
(2) If a complete
application for renewal of a permit includes a proposal to extend the mining
and reclamation operation beyond the boundaries authorized in the existing
permit, the portion of the complete application for renewal of a valid permit
which addresses any new land areas shall be subject to the full standards
applicable to new permit applications under the Act, §§
12.103-
12.108 of this title (relating to
General Requirements for Permits and Permit Applications), §§12.116 -
12.123, 12.124 - 12.138, and 12.139 - 12.154 of this title (relating to Surface
Mining Permit Applications--Minimum Requirements for Legal, Financial,
Compliance, and Related Information, to Surface Mining Permit
Applications--Minimum Requirements for Information on Environmental Resources,
and to Surface Mining Permit Applications--Minimum Requirements for Reclamation
and Operation Plan), §§12.156 - 12.163, 12.170 - 12.184, and 12.185 -
12.199 of this title (relating to Underground Mining Permit
Applications--Minimum Requirements for Legal, Financial, Compliance, and
Related Information, to Underground Mining Permit Applications--Minimum
Requirements for Information on Environmental Resources, and to Underground
Mining Permit Applications--Minimum Requirements for Reclamation and Operation
Plan), §§
12.200-
12.205 of this title (relating to
Requirements for Permits for Special Categories of Mining), §§
12.207-
12.221 of this title (relating to
Review, Public Participation and Approval of Permit Applications and Permit
Terms and Conditions), §
12.222 and §
12.223 of this title (relating to
Administrative and Judicial Review of Decisions by Commission on Permit
Applications), §§12.225 - 12.227, this section, and §§
12.229-
12.233 of this title (relating to
Permit Reviews, Revisions, and Renewals, and Transfer, Sale, and Assignment of
Rights Granted Under Permits), and Subchapter J of this chapter (relating to
Bond and Insurance Requirements for Surface Coal Mining and Reclamation
Operations).
(3) If the surface
coal mining reclamation operations authorized under the original permit were
not subject to the standards contained in §134.066(a)(5) of the Act and
§
12.202 of this title (relating to
Surface Coal Mining and Reclamation Operations On Areas or Adjacent to Areas
Including Alluvial Valley Floors In The Arid or Semiarid Areas West of The
100th Meridian), because the permittee complied with the exceptions in
§134.066(c) of the Act, the portion of the application for renewal of the
permit which addresses any new land areas previously identified in the
reclamation plan submitted pursuant to §§
12.139-
12.154 of this title (relating to
Surface Mining Permit Applications--Minimum Requirements for Reclamation and
Operation Plan), or §§
12.185-
12.199 of this title (relating to
Underground Mining Permit Applications--Minimum Requirements for Reclamation
and Operation Plan) for the original permit shall not be subject to the
standards contained in §134.066(a)(5) of the Act and §
12.202 of this title (relating to
Surface Coal Mining and Reclamation Operations On Areas or Adjacent to Areas
Including Alluvial Valley Floors In The Arid or Semiarid Areas West of The
100th Meridian).
(4) Before finally
acting to grant the permit renewal, the Commission shall require any additional
performance bond needed by the permittee to comply with the requirements of
§
12.230(a)(4) of
this title (relating to Permit Renewals: Approval or Denial) to be filed with
the Commission.
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