Natural Resources Code § 134.162

If an inspection finds a permit holder violating the chapter or a permit condition, the commission must give notice and allow up to 90 days to fix it, unless the violation creates imminent danger or significant imminent environmental harm. If the violation is still not abated after that time, the commission must order

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Jurisdiction: United States — Texas
Instrument: Code
Version: Undated source snapshot
Language: en
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permit enforcement surface mining compliance violation abatement

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Provisions of Natural Resources Code § 134.162

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134.162
Natural Resources Code § 134.162
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AI-assisted research summary: If an inspection finds a permit holder violating the chapter or a permit condition, the commission must give notice and allow up to 90 days to fix it, unless the violation creates imminent danger or significant imminent environmental harm. If the violation is still not abated after that time, the commission must order surface mining operations to stop, in whole or in part.

Sec. 134.162. VIOLATION NOT CREATING IMMINENT DANGER OR CAUSING IMMINENT HARM. (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: (1) the time for abatement, as originally set or subsequently extended, expires; (2) the commission or its authorized representative shows good cause; and (3) the commission or its authorized representative finds in writing that the violation has not been abated. Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.

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Natural Resources Code § 134.162

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