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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 12COAL MINING REGULATIONS
SUBCHAPTER GSURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS
DIVISION 11REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS
RULE §12.220Conditions of Permits: General and Right of Entry

(a) Except to the extent that the Commission otherwise directs in the permit that specific actions be taken, the permittee shall conduct all surface coal mining and reclamation operations as described in the complete application.

(b) The permittee shall allow the authorized representatives of the Secretary, including, but not limited to, inspectors and fee compliance officers, and the representatives of the Commission, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to:

  (1) have the rights of entry provided for in §12.671 of this title (relating to Right of Entry); and

  (2) be accompanied by private persons for the purpose of conducting an inspection in accordance with §§12.670-12.675 of this title (relating to Commission Inspection and Enforcement), when the inspection is in response to an alleged violation reported to the Commission by the private person.

(c) The permittee shall conduct surface coal mining and reclamation operations only on those lands specifically designated on the maps submitted under §§12.124-12.138 and 12.139-12.154 of this title (relating 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), or to §§12.170-12.184 and 12.185-12.199 of this title (relating 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), and approved for the term of the permit, and which are subject to the performance bond or other equivalent guarantee in effect pursuant to Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations).

(d) The operator shall pay all reclamation fees required by Subchapter R of this chapter (relating to Texas Abandoned Mine Land Reclamation Program) and by 30 CFR Subchapter R for coal produced under the permit for sale, transfer or use.


Source Note: The provisions of this §12.220 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640.

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