SECTION 11.12. Definitions


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  • The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

    (1) Party--As defined in the Administrative Procedure and Texas Register Act and used in the commission's general rules of practice and procedure and the Surface Mining and Reclamation Division's special rules of practice and procedure, does not mean "party to the administrative proceedings" as defined in the Texas Uranium Surface Mining and Reclamation Act, Texas Natural Resources Code, Chapter 131 et seq.

    (2) Party to the administrative proceedings--Any person who has participated in a public hearing or filed a valid petition or timely objection pursuant to any provision of this Act.

    (3) Person affected--Any person who is a resident of a county or any county adjacent or contiguous to the county in which a mining operation is or is proposed to be located, including any person who is doing business or owns lands in the county or adjacent or contiguous county and any local government, and who demonstrates that he has suffered or will suffer actual injury or economic damage.

Source Note: The provisions of this §11.12 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1980, 5 TexReg 4175.