16 Tex. Admin. Code § 12.30 - Conditions of Exemption and Right of Inspection and Entry
A person conducting activities covered by §§12.25-12.29, this section, and § 12.31-12.33 of this title (relating to Exemption for Coal Extraction Incidental to the Extraction of Other Minerals) shall:
(1) maintain on-site or at
other locations available to authorized representatives of the Commission, as
well as authorized representatives of the Secretary, the information necessary
to verify the exemption including, but not limited to, commercial use and sales
information, extraction tonnages, and a copy of the exemption application and
exemption approved by the Commission;
(2) notify the Commission upon the completion
of the mining operation or permanent cessation of all coal extraction
activities;
(3) conduct operations
in accordance with the approved application or when authorized to extract coal
under §
12.26(b) or (e)(3)
of this title (relating to Application
Requirements and Procedures) prior to submittal or approval of an exemption
application, in accordance with the standards of §§12.25-12.29, this
section, and §§
12.31-12.33 of this title.
(4) Authorized representatives of the
Commission, as well as authorized representatives of the Secretary, shall have
the right to conduct inspections of operations claiming exemption under
§§12.25-12.29, this section, and §§
12.31-12.33 of this title (relating to
Exemption for Coal Extraction Incidental to the Extraction of Other
Minerals).
(5) Each authorized
representative of the Commission, as well as authorized representatives of the
Secretary, conducting an inspection under §§12.25-12.29, this
section, and §§
12.31-12.33 of this title:
(A) shall have a right of entry to, upon, and
through any mining and reclamation operations without advance notice or a
search warrant, upon presentation of appropriate credentials;
(B) may, at reasonable times and without
delay, have access to and copy any records relevant to the exemption;
and
(C) shall have a right to
gather physical and photographic evidence to document conditions, practices, or
violations at a site.
(6) No search warrant shall be required with
respect to any activity under paragraphs (4) and (5) of this section, except
that a search warrant may be required for entry into a building.
Notes
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