The commission shall deny a uranium surface mining permit if: (1) The commission finds that the reclamation as required by these sections cannot be accomplished by means of the proposed reclamation plan. (2) Any part of the proposed operation lies within an area designated as unsuitable for surface mining as designated by §§11.161-11.167 of this title (relating to Designation of Lands Unsuitable for Surface Mining); provided, however, the application may be amended to exclude such designated areas. (3) The commission is advised by the Texas Commission on Environmental Quality that the proposed mining operation will cause pollution of any 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 any other permit issued under the Act revoked, or any bond posted to comply with these sections 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) The commission determines that the proposed operation will endanger the health and safety of the public. (6) The commission determines that the proposed operation will adversely affect any public highway or road. A surface mining operation will be presumed not to adversely affect a public highway or road if the governmental authority responsible for the location and/or maintenance of the highway or road has no objection to the surface mining operation. (7) The operator is unable to produce the bonds or otherwise meet the requirements of §§11.201-11.206 of this title (relating to Performance Bonds). |
| Source Note: The provisions of this §11.100 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1980, 5 TexReg 4175; amended to be effective November 1, 2010, 35 TexReg 9724 |
