Section 12.100 - Responsibilities(a) Persons seeking to engage in surface coal mining and reclamation operations must submit an application for and obtain a permit for those operations in accordance with this subchapter (relating to Surface Coal Mining and Reclamation Operations, Permits, and Coal Exploration Procedures Systems). Persons seeking to conduct coal exploration must first file the notice of intention or obtain approval of the Commission as required under §§12.109 - 12.115 of this title (relating to General Requirements for Coal Exploration). A permit and the obligations established therein (to include payment of annual fees associated with the permit as required in §12.108 of this title, relating to Permit Fees) shall continue until all surface coal mining and reclamation operations are completed, regardless of whether the authorization to conduct surface coal mining operations has expired or has been terminated, revoked, or suspended.(b) A permittee will not be required to submit an application to renew a permit if no surface coal mining operations will be conducted under the permit and solely reclamation activities remain to be completed. The permittee will provide written notification to the Director the Surface Mining and Reclamation Division of permanent cessation of mining operations as required under §12.398 and §12.567 of this title, both relating to Cessation of Operations: Permanent.(c) The Commission shall review each application for exploration approval and for a permit, approve or disapprove each permit application or exploration application, and issue, condition, suspend, or revoke exploration approval, permits, renewals, or revised permits under an approved regulatory program.(d) The applicant for a permit or revision of a permit shall have the burden of establishing that the application is in compliance with all of the requirements of the Commission.16 Tex. Admin. Code § 12.100
The provisions of this §12.100 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective October 22, 2012, 37 TexReg 8293; amended to be effective February 24, 2014, 39 TexReg 1121; Amended by Texas Register, Volume 45, Number 52, December 25, 2020, TexReg 9505, eff. 12/28/2020