| (a) The Commission shall require the applicant to submit
at the time of permit application, a certificate certifying that the
applicant has a public liability insurance policy in force for the
surface coal mining and reclamation operation for which the permit
is sought. The certificate shall provide for personal injury and property
damage protection in an amount adequate to compensate all persons
injured or property damaged as a result of surface coal mining and
reclamation operations, including use of explosives and damage to
water wells, and entitled to compensation under the applicable provisions
of state law. Minimum insurance coverage for bodily injury shall be
$500,000 for each occurrence and $1,500,000 aggregate; and minimum
insurance coverage for property damage shall be $500,000 for each
occurrence and $1,000,000 aggregate.
(b) The policy shall be maintained in full force during
the life of the permit or any renewal thereof and until all surface
coal mining and reclamation operations under this chapter (relating
to Coal Mining Regulations) have been completed.
(c) The policy shall include a rider requiring that
the insurer notify the Commission whenever substantive changes are
made in the policy, including any termination or failure to renew.
(d) The Commission may accept from the applicant, in
lieu of a certificate for a public liability insurance policy, satisfactory
evidence from the applicant that it satisfies Texas self-insurance
requirements and the requirements of this section. The Commission
may, upon the request of an applicant that is self-bonded or determined
to be eligible for self-bonding under §12.309(j)(2) of this title
(relating to Terms and Conditions of the Bond), consider such applicant
to meet the self-insurance requirements of this subsection.
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