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 12.230 - Permit Renewals: Approval or Denial

Universal Citation: 16 TX Admin Code § 12.230

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

(a) The Commission shall, upon the basis of a complete application for renewal and completion of all procedures required under §§ 12.228 and 12.229 of this title (relating to Permit Renewals: Completed Applications, and to Permit Renewals: Terms), issue a renewal of a permit, unless it is established and written findings by the Commission are made that:

(1) the terms and conditions of the existing permit are not being satisfactorily met;

(2) the present surface coal mining and reclamation operations are not in compliance with the environmental protection standards under the Act and Subchapter K of this chapter (relating to Permanent Program Performance Standards);

(3) the requested renewal substantially jeopardizes the operator's continuing responsibility to comply with the Act and this chapter (relating to Coal Mining Regulations) on existing permit areas;

(4) the operator has not provided evidence that any performance bond required to be in effect for the operations will continue in full force and effect for the proposed period of renewal, as well as any additional bond the Commission might require pursuant to Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations);

(5) the operator has not provided evidence of having liability insurance or self-insurance as required by § 12.311 of this title (relating to Terms and Conditions for Liability Insurance); and

(6) any additional revised or updated information required by the Commission has not been provided by the applicant.

(b) In determining whether to approve or deny a renewal, the burden shall be on the opponents of renewal.

(c) The Commission shall send copies of its decision to the applicant, any persons who filed objections or comments to the renewal, and to any persons who were parties to the public hearing held on the permit renewal.

(d) Any person having an interest which is or may be adversely affected by the decision of the Commission shall have the right to administrative and judicial review set forth in §§ 12.222 and 12.223 of this title (relating to Administrative and Judicial Review of Decisions by Commission on Permit Applications).

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