SECTION 12.9. Applicability

(a) On or after 8 months from the date of state program approval (approved February 11, 1980), no person shall conduct surface coal mining and reclamation operations in the state without first having obtained a permit from the Commission.

(b) The requirements of Subchapter K of this chapter (relating to Permanent Program Performance Standards) shall be effective and shall apply to each surface coal mining and reclamation operation which is required to obtain a permit under the Act, on the earliest date upon which the Act and this chapter (relating to Coal Mining Regulations) require a permit to be obtained, except as provided in subsection (c) of this section.

(c) With respect to existing structures:

(1) each structure used in connection with or to facilitate a coal exploration or surface coal mining and reclamation operation shall comply with the performance standards and the design requirements of Subchapter K of this chapter (relating to Permanent Program Performance Standards), except that:

(A) an existing structure which meets the performance standards of Subchapter K of this chapter (relating to Permanent Program Performance Standards) but does not meet the design requirements of Subchapter K of this chapter (relating to Permanent Program Performance Standards) may be exempted from meeting those design requirements by the Commission. The Commission may grant this exemption only as part of the permit application process after obtaining the information required by §§12.140 or 12.186 of this title (relating to Operation Plan: Existing Structures) and after making the findings required in §12.217 of this title (relating to Criteria for Permit Approval or Denial: Existing Structures); and

(B) an existing structure which does not meet a performance standard of Subchapter K of this chapter (relating to Permanent Program Performance Standards) shall be modified or reconstructed to meet the design standard of Subchapter K of this chapter (relating to Permanent Program Performance Standards) pursuant to a compliance plan approved by the Commission as part of the permit application as required in §§12.140 or 12.186 of this title (relating to Operation Plan: Existing Structures) and according to the findings required in §12.217 of this title (relating to Criteria for Permit Approval or Denial: Existing Structures); and

(2) the exemptions provided in paragraph (1)(A) of this subsection shall not apply to:

(A) the requirements for existing and new waste piles used either temporarily or permanently as dams or embankments; and

(B) the requirements to restore the approximate original contour of the land.

(d) The applicability of this chapter (relating to Coal Mining Regulations) to coal exploration is as follows:

(1) any person conducting coal exploration on or after approval of the state program shall either file a notice of intention to explore or obtain the approval of the Commission required under §§12.109-12.115 of this title (relating to General Requirements for Coal Exploration); and

(2) coal exploration performance standards of §§12.325-12.328 of this title (relating to Permanent Program Performance Standards--Coal Exploration) shall apply to coal exploration which substantially disturbs the natural land surface two months after approval of the state program.

Source Note: The provisions of this §12.9 adopted to be effective April 7, 1997, 22 TexReg 3093.