16 Tex. Admin. Code § 12.226 - Permit Revisions
(a) A revision to a
permit shall be obtained:
(1) for changes in
the surface coal mining or reclamation operations described in the original
application and approved under the original permit, when such changes
constitute a significant departure from the method of conduct of mining or
reclamation operations contemplated by the original permit. Significant
departures would include any change in permit area, mining method or
reclamation procedure, which would, in the opinion of the Commission,
significantly change the effect the mining operation would have on either those
persons impacted by the permitted operation or on the environment;
(2) when required by an order issued under
§
12.225 of this title (relating to
Commission Review of Outstanding Permits);
(3) in order to continue operation after the
cancellation or material reduction of the liability insurance policy,
capability of self-insurance, performance bond, or other equivalent guarantee
upon which the original permit was issued; or
(4) as otherwise required under the
regulatory program.
(b)
The application for revision shall be filed in accordance with the following:
(1) the permittee shall submit the
application to the Commission within the time provided for in §
12.106(b)(3) of
this title (relating to Permit Application Filing Deadlines);
(2) any application for a revision which
proposes significant alterations in the operations described in the materials
submitted in the application for the original permit under §§12.116 -
12.123, 12.124 - 12.138, and 12.139 - 12.154 of this title (relating to Surface
Mining Permit Applications--Minimum Requirements for Legal, Financial,
Compliance, and Related Information, to Surface Mining Permit
Applications--Minimum Requirements for Information on Environmental Resources,
and to Surface Mining Permit Applications--Minimum Requirements for Reclamation
and Operation Plan), or §§12.156 - 12.163, 12.170 - 12.184, and
12.185 - 12.199 of this title (relating to Underground Mining Permit
Applications--Minimum Requirements for Legal, Financial, Compliance, and
Related Information, to Underground Mining Permit Applications Minimum
Requirements for Information on Environmental Resources, and to Underground
Mining Permit Applications--Minimum Requirements for Reclamation and Operation
Plan) or in the conditions of the original permit, shall, at a minimum, be
subject to the requirements of §§
12.207-
12.221 of this title (relating to
Review, Public Participation, and Approval of Permit Applications and Permit
Terms and Conditions), and §
12.222 and §
12.223 of this title (relating to
Administrative and Judicial Review of Decisions by Commission on Permit
Applications).
(A) Application requirements.
Permit revision requests shall be submitted on the Permit Application Form
(SMRD-1C) with only the applicable portions showing changes or additions being
completed.
(B) Notice and hearing.
Notice as for a new permit application is required whenever new landowners will
be affected. If objections to the revision are received and a hearing is
requested, the Commission shall schedule and hold a public hearing as required
for an original application.
(c) The Commission shall approve or
disapprove the complete application for revision within 90 days from receipt in
accordance with the requirements of §§
12.207-
12.221 of this title (relating to
Review, Public Participation, and Approval of Permit Applications and Permit
Terms and Conditions) and the Act.
(d) Proposed revisions must be approved by
the Commission prior to commencement of the proposed change.
(e) Any extensions to the area covered by a
permit, except for incidental boundary revisions, shall be made by application
for a new permit and shall not be approved under §§12.225, this
section, and §§
12.227-
12.233 of this title (relating to
Permit Reviews, Revisions, and Renewals, and Transfer, Sale, and Assignment of
Rights Granted Under Permits).
Notes
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