SECTION 12.204. Coal Processing Plants or Support Facilities Not Located Within the Permit Area of a Specified Mine

(a) This section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing coal processing plants or support facilities not within a permit area of a specific mine. Any person who operates such a processing plant or support facility shall have obtained a permit from the Commission in accordance with the requirements of this section.

(b) Any application for a permit for operations covered by this section shall contain, in the mining and reclamation plan, specific plans, including descriptions, maps and cross sections of the construction, operation, maintenance and removal of the processing plants and associated support facilities. The plan shall demonstrate that those operations will be conducted in compliance with §§12.650 and 12.651 of this title (relating to Special Permanent Program Performance Standards--Coal Processing Plants and Support Facilities Not Located At or Near the Minesite Or Not Within the Permit Area For a Mine).

(c) No permit shall be issued for any operation covered by this section, unless the Commission finds, in writing, that, in addition to meeting all other applicable requirements of this subchapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems), the operations will be conducted in compliance with the requirements of §§12.650 and 12.651 of this title (relating to Special Permanent Program Performance Standards--Coal Processing Plants and Support Facilities Not Located At or Near the Minesite Or Not Within the Permit Area For a Mine).

Source Note: The provisions of this §12.204 adopted to be effective April 7, 1997, 22 TexReg 3093.