16 Tex. Admin. Code § 12.218 - Permit Approval or Denial Actions
(a) The
Commission shall approve, require modification of, or deny all applications for
permits under regulatory programs on the basis of:
(1) complete applications for permits and
revisions or renewals thereof;
(2)
public participation as provided for in this subchapter (relating to Surface
Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures
Systems);
(b) The Commission shall take action as
required under subsection (a) of this section, within the following times:
(1) Initiation of regulatory program. Except
as provided for in §
12.104 of this title (relating to
Continued Operation Under Interim Permits), a complete application submitted to
the Commission within the time required by §
12.106(a)(1) of
this title (relating to Permit Application Filing Deadlines) shall be processed
by the Commission so that an application is approved or denied within eight
months after the date of approval of the state program, unless Texas or the
Commission is specifically enjoined from submitting a state program, or the
Commission is specifically enjoined from implementing a regulatory program, but
in no case later than February 3, 1981; and
(2) Subsequent operation of regulatory
program. Except as provided for in this section, all complete applications
shall be approved according to the time frames in §
12.215 of this title (relating to
Review of Permit Applications).
(c) If a public hearing is held under §
12.211 of this title (relating to
Public Hearing on Application), the Commission shall give its written findings
to the permit applicant and to each person who is a party to the hearing,
approving, modifying or denying the application in whole or in part, and
stating the specific reasons therefor in the decision.
(d) If no such public hearing has been held,
the Commission shall give its written findings to the permit applicant,
approving, modifying or denying the application in whole or in part, and
stating the specific reasons in the decision.
(e) Simultaneously, the Commission shall:
(1) give a copy of its decision to:
(A) each person and government official who
filed a written objection or comment with respect to the application;
and
(B) the Regional Director
together with a copy of any permit issued; and
(2) publish a summary of its decision in a
newspaper or similar periodical of general circulation in the general area of
the proposed operation.
(f) Within 10 days after the granting of a
permit, including the filing of the performance bond or other equivalent
guarantee which complies with Subchapter J of this chapter (relating to Bond
and Insurance Requirements for Surface Coal Mining and Reclamation Operations),
the Commission shall notify the local government officials in the local
political subdivision of which the area of land to be affected is located, that
a permit has been issued and shall describe the location of the lands within
the permit area.
Notes
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