Section 12.225 - Commission Review of Outstanding Permits(a) Requirement for and timing of review. (1) The Commission shall review each permit issued and outstanding under an approved regulatory program during the term of the permit. This review shall occur not later than the middle of the permit term and as required by § RSA 12.200 of this title (relating to Experimental Practices Mining).(2) For permits of longer than five-year terms, a review of the permit shall be no less frequent than the permit midterm or every five years, whichever is more frequent.(3) No less frequently than every 2 1/2 years, the Commission shall conduct a review of any permit which, in accordance with §RSA 12.100<subdiv>(a)</subdiv> of this title (relating to Responsibilities), is not required to be renewed but which nonetheless authorizes the permittee to perform reclamation activities within the permit area.(b) Action. After this review, the Commission may, by order, require reasonable revision or modification of the permit provisions to ensure compliance with the Act and this chapter (relating to Coal Mining Regulations).(c) Notice to permittee. Copies of the decision of the Commission shall be sent to the permittee.(d) Written findings and appeal. Any order of the Commission requiring revision or modification of permits, including suspension or rescission, shall be based upon written findings and shall be subject to the provisions for administrative and judicial review of § RSA 12.222 and § RSA 12.223 of this title (relating to Administrative Review, and Judicial Review, respectively), and for review under §§134.161 - 134.173 of the Act, and §§2001.141 - 2001.147 of the APA (relating to Contested Cases: Final Decisions and Orders; Motions for Rehearing).(e) Improvident issuance. The Commission, when it has reason to believe, based on evidence sufficient to establish a prima facie case, that a permit was improvidently issued, shall review a permit under the authority of §134.082 of the Act and shall, after notice and opportunity for a hearing, make a preliminary finding and serve written notice of that finding to the permittee that the permit was improvidently issued if: (1) under the violations review criteria of the regulatory program at the time the permit was issued: (A) the permit should not have been issued because of an unabated violation or a delinquent penalty or fee; or(B) the permit was issued on the information that a notice of violation was in the process of being corrected to the satisfaction of the agency with jurisdiction over the violation, but a cessation order subsequently was issued; and(2) the violation, penalty or fee referred to in paragraph (1) of this subsection: (A) remains unabated or delinquent; and(B) is not the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; and(3) where the permittee was linked to the violation, penalty or fee through ownership or control, under the violations review criteria of the regulatory program at the time the permit was issued an ownership or control link between the permittee and the person responsible for the violation, penalty or fee still exists, or where the link was severed the permittee continues to be responsible for the violation, penalty or fee.(f) Remedial measures. If the Commission, under subsection (e) of this section, finds that, because of an unabated violation or a delinquent penalty or fee a permit was improvidently issued, it shall use one or more of the following remedial measures: (1) implement, with the cooperation of the permittee or other person responsible, and of the responsible agency, a plan for abatement of the violation or a schedule for payment of the penalty or fee;(2) require revision of the permit to impose a condition that in a reasonable period of time the permittee abate the violation or pay the penalty or fee;(3) suspend the permit until the violation is abated or the penalty fee is paid; or(4) rescind the permit under subsection (g) of this section.(g) Suspension and rescission. If the Commission elects to rescind an improvidently issued permit, it shall serve on the permittee a written notice of the proposed suspension and rescission which includes the reasons for the findings of the Commission under subsection (e) of this section and states that: (1) after a specified period of time not to exceed 60 days, the permit will automatically become suspended, and not to exceed 60 days thereafter rescinded, unless within those periods the permittee submits proof, and the Commission finds that: (A) the finding of the Commission under subsection (e) of this section was erroneous;(B) the permittee or operator has abated the violation on which the finding was based, or paid the penalty or fee, to the satisfaction of the responsible agency;(C) the violation, penalty, or fee is the subject of a good-faith appeal, or of an abatement plan or payment schedule with which the permittee or operator is complying to the satisfaction of the responsible agency; or(D) since the finding was made, the permittee has severed any ownership or control link with the person responsible for the violation, penalty, or fee and the permittee is no longer responsible for the violation, penalty, or fee.(2) upon permit suspension or rescission under this section, the Commission shall issue a written notice to the permittee requiring that the permittee or operator cease all surface coal mining and reclamation operations under the permit, except for violation abatement and for reclamation and other environmental protection measures as required by the Commission. Notice of permit suspension or rescission will also be posted at the Commission's office closest to the permit area.16 Tex. Admin. Code § 12.225
The provisions of this §12.225 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; 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 9507, eff. 12/28/2020