Texas Natural Resources Code

§ 134.162 — VIOLATION NOT CREATING IMMINENT DANGER OR CAUSING IMMINENT HARM

NR § 134.162Title 4. MINES AND MINING · Ch. 134. TEXAS SURFACE COAL MINING AND RECLAMATION ACT · Art. H. ENFORCEMENT

Statute text

(a)The commission or its authorized representative shall issue a notice to a permit holder who is violating this chapter or a permit condition required by this chapter and shall set a reasonable time not to exceed 90 days for abating the violation if, after an inspection, the commission or its authorized representative determines that:

(1)the permit holder is violating this chapter or a permit condition required by this chapter; and

(2)the violation:

(A)does not create an imminent danger to the health or safety of the public; and

(B)is not causing or reasonably expected to cause significant imminent environmental harm to land, air, or water resources.

(b)The commission or its authorized representative shall order a cessation of surface mining operations or the part of the operations relevant to the violation if:

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Legislative history

Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.