| (a) A successor in interest to a permittee who is able
to obtain the bond coverage of the original permittee may continue
surface coal mining and reclamation operations according to the approved
mining and reclamation plan and permit of the original permittee.
(b) Pursuant to §12.232(c)(3) of this title (relating
to Transfer, Assignment, or Sale of Permit Rights: Obtaining Approval),
any successor in interest seeking to change the conditions of mining
or reclamation operations, or any of the terms or conditions of the
original permit shall:
(1) make application for a new permit under §§12.103
- 12.108 of this title (relating to General Requirements for Permits
and Permit Applications), §§12.109 - 12.115 of this title
(relating to General Requirements for Coal Exploration), §§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, to and Underground Mining Permit Applications--Minimum
Requirements for Reclamation and Operation Plan), §§12.200
- 12.205 and 12.207 - 12.221 of this title (relating to Requirements
for Permits for Special Categories of Mining, and to Review, Public
Participation, and Approval of Permit Applications and Permit Terms
and Conditions), and §12.222 and §12.223 of this title (relating
to Administrative and Judicial Review of Decisions by Commission on
Permit Applications), if the change involves conducting operations
outside the original permit area; or
(2) make application for a revised permit under §12.226
of this title (relating to Permit Revisions).
|
| Source Note: The provisions of this §12.233 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041; amended to be effective February 24, 2014, 39 TexReg 1121 |
