Tex. Nat. Resources Code Section 131.004
Definitions


In this chapter:

(1)

“Minerals” means uranium and uranium ore.

(2)

“Surface mining” means the mining of minerals by removing the overburden lying above the natural deposit of minerals and mining directly from the natural deposits that are exposed and those aspects of underground mining having significant effects on the surface; provided, this definition shall not be construed to include in situ mining activities associated with the removal of uranium or uranium ore.

(3)

“Exploration activity” means the disturbance of the surface or subsurface for the purpose of or related to determining the location, quantity, or quality of a mineral deposit.

(4)

“Affected land” or “land affected” means:

(A)

the area from which any materials are to be or have been displaced in a surface mining operation;

(B)

the area on which any materials that are displaced are to be or have been deposited;

(C)

the haul roads and impoundment basins within the surface mining area; and

(D)

other land whose natural state has been or will be disturbed as a result of the surface mining operations.

(5)

“Surface mining operation” means those activities conducted at or near the mining site and concomitant with the surface mining, including extraction, storage, processing, and shipping of minerals and reclamation of the land affected.

(6)

“Operator” means the individual or entity, including any public or governmental agency, that is to engage or that is engaged in a surface mining operation, including any individual or entity whose permit has expired or been suspended or revoked.

(7)

“Overburden” means all materials displaced in a mining operation which are not, or will not be, removed from the affected area.

(8)

“Reclamation” means the process of restoring an area affected by a surface mining operation to its original or other substantially beneficial condition, considering past and possible future uses of the area and the surrounding topography.

(9)

“Topsoil” means the unconsolidated mineral matter naturally present on the surface of the earth which has been subjected to and influenced by genetic and environmental factors of parent material, climate, macroorganisms and microorganisms, and topography, all acting over a period of time, and which is necessary for the growth and regeneration of vegetation on the surface of the earth.

(10)

“Surface mining permit” or “permit” means the written certification by the commission that the named operator may conduct the surface mining operations described in the certification during the term of the surface mining permit and in the manner established in the certification. These terms do not include:

(A)

a discharge permit issued by the commission pursuant to Subchapter H of this chapter; or

(B)

an exploration permit issued by the commission pursuant to Subchapter I of this chapter.

(11)

“Person affected” means any person who is a resident of a county or any county adjacent or contiguous to the county in which a mining operation is or is proposed to be located, including any person who is doing business or owns land in the county or adjacent or contiguous county and any local government and who demonstrates that he has suffered or will suffer actual injury or economic damage.

(12)

“Commission” means the Railroad Commission of Texas.

(13)

“Fund” means the Land Reclamation Fund.

(14)

“Toxic material” means any substance present in sufficient concentration or amount to cause injury or illness to plant, animal, or human life.

(15)

“Approximate original contour” means that surface configuration achieved by backfilling and grading of the surface-mined area so that it resembles the surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls, spoil piles, and depressions eliminated, although the new contour may subsequently be at a moderately lower or higher elevation than existed prior to the surface mining operation.

(16)

“Person” means an individual, partnership, society, joint-stock company, firm, company, corporation, business organization, government or governmental subdivision or agency, business trust, estate, trust, organization or association of citizens, or any other legal entity.

(17)

“Party to the administrative proceedings” means any person who has participated in a public hearing or filed a valid petition or timely objection pursuant to any provision of this chapter.

(18)

“Permit area” means all the area designated as such in the permit application and shall include all land affected by the surface mining operations during the term of the permit and may include any contiguous area that the operator proposes to surface mine after that time.
Acts 1977, 65th Leg., p. 2608, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 308, ch. 141, Sec. 42, eff. May 9, 1979; Acts 1979, 66th Leg., p. 853, ch. 379, Sec. 3, eff. June 6, 1979; Acts 1979, 66th Leg., p. 1989, ch. 784, Sec. 1, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 413, ch. 171, Sec. 1, eff. May 20, 1981; Acts 1985, 69th Leg., ch. 921, Sec. 5, 6, eff. June 15, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 2, eff. September 1, 2007.

Source: Section 131.004 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­131.­htm#131.­004 (accessed Apr. 29, 2024).

131.001
Short Title
131.002
Declaration of Policy
131.003
Purposes
131.004
Definitions
131.005
Reclamation
131.006
Exclusions and Exemptions
131.021
General Authority of Commission
131.022
Jurisdiction of Commission
131.023
Commission Procedure
131.024
Compliance with Federal Surface Mining Laws
131.025
Hearing Procedure
131.033
Differing Terms and Provisions of Rules
131.034
Exploration Activities
131.035
Rules Designating Unsuitable Land
131.036
Survey of Land
131.037
Commission Statement
131.038
Reasons for Unsuitable Designation
131.039
Petition and Hearing on Designation
131.040
Modifying, Amending, and Terminating Designations
131.041
Applicability of Subchapter
131.042
Records, Reports, Monitoring Equipment, and Information
131.043
Inspection by Commission
131.044
Time and Procedures for Inspections
131.045
Sign
131.046
Procedure on Detection of Violation
131.047
Judicial Review
131.048
Confidentiality
131.049
Temporary Orders Prior to Notice and Hearing
131.101
Reclamation Plan
131.102
Reclamation Standards
131.131
Permit Required for Operation
131.132
Form of Permit Application
131.133
Required Information
131.134
Documents to Be Included with Application
131.135
Application Fees
131.136
Amendment to Permit Application
131.137
Combined Permit Application
131.138
Filing Application with County Clerk
131.139
Submission of Application to Agencies for Comment
131.140
Approval of Permit
131.141
Denial of a Permit
131.142
Term and Transferability of Permit
131.143
Liability Insurance Policy
131.144
Rules for Revision, Transfer, and Renewal of Permits
131.145
Right to Renewal
131.146
Application for and Issuance of Renewal
131.147
Renewal Application Fee
131.148
Extension of Permit Coverage
131.149
Term of Renewal Permit
131.150
Time Limit for Renewal Application
131.151
Revision of Permit
131.152
Approval or Disapproval of Permit Revision
131.153
Guidelines for Revision
131.154
Extensions to Area
131.155
Transfer of Permit
131.156
Required Information for Transfer
131.157
Approval of Transfer
131.158
Denial of Application for Transfer
131.159
Notice by Applicant
131.160
Notification by Commission
131.161
Comments
131.162
Written Objections
131.163
Notice and Public Hearing
131.165
Procedure
131.201
Performance Bond Requirement
131.202
Amount of Performance Bond
131.203
Bond Without Surety
131.204
Extent of Liability Under Bond
131.205
Security for Bond
131.206
Increase or Decrease of Bond
131.207
Forfeiture of Operator’s Performance Bond
131.208
Application for Release of Performance Bond or Deposit
131.209
Notice
131.210
Inspection and Evaluation
131.211
Basis for Release of Bond or Deposit
131.212
Disapproval of Application for Bond or Deposit Release
131.213
Notice of Release to Local Governmental Agency
131.214
Objections to Release
131.231
Land Reclamation Fund
131.232
Appropriation
131.233
Use of Proceeds from Bond Forfeitures and Penalties
131.234
Reclamation of Land
131.261
Conditions, Practices, and Violations Creating Imminent Danger or Causing Imminent Harm
131.262
Violations Not Creating Imminent Danger or Causing Imminent Harm
131.263
Continuous Violations
131.264
Form of Notices and Orders
131.265
Civil Actions
131.266
Injunctive Relief and Civil Penalty
131.267
Criminal Penalty for Violating Permits and Orders
131.268
Criminal Penalty for Corporate Permittee
131.269
Criminal Penalty for False Statement, Representation, or Certification
131.270
Recovery of Civil Penalties
131.301
Discharge Rules, Orders, and Permits
131.302
Access to Property and Records
131.303
Injunctive Relief and Civil Penalty
131.304
Administrative Penalty
131.305
Criminal Penalty
131.351
Applicability of Subchapter
131.352
Exploration Permits
131.353
Scope of Exploration Permit
131.354
Commission Jurisdiction
131.355
Application Fees
131.356
Notification by Commission
131.357
Geologic, Hydrologic, Water Quality, and Well Information
131.2661
Administrative Penalty
131.2662
Penalty Assessment Procedure
131.2663
Payment of Penalty
131.2664
Recovery of Penalty

Accessed:
Apr. 29, 2024

§ 131.004’s source at texas​.gov