Texas 2011 - 82nd Regular

Texas Senate Bill SB1295 Compare Versions

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1	1	By: Hegar S.B. No. 1295
2	2	(Beck)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the mining and reclamation of certain land previously
8	8	affected by surface coal mining operations.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 134.004, Natural Resources Code, is
11	11	amended by adding Subdivision (15-a) to read as follows:
12	12	(15-a) "Previously mined land" means land that:
13	13	(A) was affected by surface coal mining
14	14	operations occurring before August 3, 1977; and
15	15	(B) has not been reclaimed in accordance with
16	16	this chapter.
17	17	SECTION 2. Section 134.069, Natural Resources Code, is
18	18	amended by adding Subsection (c) to read as follows:
19	19	(c) Notwithstanding Subsections (a) and (b), the commission
20	20	may not deny an applicant's permit application based on a previous
21	21	violation by the applicant that occurred in connection with a
22	22	surface coal mining operation conducted on previously mined land if
23	23	the violation resulted from an event or condition that was not
24	24	contemplated in the permit for the surface coal mining operation.
25	25	SECTION 3. Subsection (a), Section 134.092, Natural
26	26	Resources Code, is amended to read as follows:
27	27	(a) Performance standards for surface coal mining and
28	28	reclamation operations shall require an operator:
29	29	(1) to conduct surface coal mining operations to
30	30	maximize the use and conservation of the solid fuel resource being
31	31	recovered so that reaffecting the land in the future through
32	32	surface coal mining can be minimized;
33	33	(2) to restore the land affected to a condition
34	34	capable of supporting the uses that it could support before mining
35	35	or reasonably likely higher or better uses if:
36	36	(A) the uses do not present an actual or probable
37	37	hazard to public health or safety or pose an actual or probable
38	38	threat of water diminution or pollution; and
39	39	(B) the permit applicant's declared proposed
40	40	land use following reclamation:
41	41	(i) is not considered impractical or
42	42	unreasonable;
43	43	(ii) is not inconsistent with applicable
44	44	land use policies and plans;
45	45	(iii) does not involve unreasonable delay
46	46	in implementation; and
47	47	(iv) does not violate federal, state, or
48	48	local law;
49	49	(3) except as provided by Sections 134.093(b),
50	50	134.094(b), and 134.107, to backfill, compact where advisable to
51	51	ensure stability or to prevent leaching of toxic materials, and
52	52	grade to restore the approximate original contour of the land with
53	53	all highwalls, spoil piles, and depressions eliminated, unless
54	54	small depressions are needed to retain moisture to assist
55	55	revegetation or as otherwise authorized under this chapter;
56	56	(4) to stabilize and protect the surface areas,
57	57	including spoil piles affected by the surface coal mining and
58	58	reclamation operation, for effective control of erosion and
59	59	attendant air and water pollution;
60	60	(5) to remove the topsoil from the land in a separate
61	61	layer and replace it on the backfill area or, if the topsoil is not
62	62	used immediately, to segregate it in a separate pile from other
63	63	spoil;
64	64	(6) to restore the topsoil or the best available
65	65	subsoil that is best able to support vegetation;
66	66	(7) for prime farmland to be mined and reclaimed, at a
67	67	minimum:
68	68	(A) to segregate the A horizon of the natural
69	69	soil, unless it can be shown that other available soil materials
70	70	will create a final soil having a greater productive capacity, and,
71	71	if this material is not used immediately, to stockpile it
72	72	separately from other spoil and provide needed protection from wind
73	73	and water erosion or contamination by other acid or toxic
74	74	materials;
75	75	(B) to segregate the B horizon of the natural
76	76	soil, underlying C horizons or other strata, or a combination of
77	77	those horizons or other strata that are shown to be texturally and
78	78	chemically suitable for plant growth and that can be shown to be
79	79	equally or more favorable for plant growth than the B horizon, in
80	80	sufficient quantities to create in the regraded final soil a root
81	81	zone of a depth and quality comparable to that which existed in the
82	82	natural soil and, if this material is not used immediately, to
83	83	stockpile it separately from other spoil and provide needed
84	84	protection from wind and water erosion or contamination by other
85	85	acid or toxic material;
86	86	(C) to replace and regrade the root zone material
87	87	described by Subdivision (7)(B) with proper compaction and uniform
88	88	depth over the regraded spoil material; and
89	89	(D) to redistribute and grade uniformly the
90	90	surface soil horizon described by Subdivision (7)(A);
91	91	(8) to create a permanent impoundment of water on a
92	92	mining site as part of a reclamation activity if:
93	93	(A) the approved mining and reclamation plan and
94	94	permit authorize impoundment; and
95	95	(B) it is adequately demonstrated that:
96	96	(i) the size of the impoundment is adequate
97	97	for its intended purposes;
98	98	(ii) the impoundment dam construction will
99	99	be designed to achieve necessary stability with an adequate margin
100	100	of safety compatible with that of structures constructed under the
101	101	Watershed Protection and Flood Prevention Act (16 U.S.C. Section
102	102	1001 et seq.);
103	103	(iii) the quality of impounded water will
104	104	be permanently suitable for its intended use;
105	105	(iv) discharges from the impoundment will
106	106	not degrade the water quality in the receiving stream below water
107	107	quality standards established under applicable federal and state
108	108	law;
109	109	(v) the water level will be reasonably
110	110	stable;
111	111	(vi) final grading will provide adequate
112	112	safety and access for proposed water users; and
113	113	(vii) the impoundment will not reduce the
114	114	quality or quantity of water used by adjacent or surrounding
115	115	landowners for agricultural, industrial, recreational, or domestic
116	116	uses;
117	117	(9) to conduct any augering operation associated with
118	118	surface mining so as to maximize recoverability of coal reserves
119	119	remaining after the operation and reclamation are complete and to
120	120	seal the auger holes with an impervious and noncombustible material
121	121	to prevent drainage unless the commission determines that the
122	122	resulting impoundment of water in the auger holes may create a
123	123	hazard to the environment or the public health or safety;
124	124	(10) to minimize disturbances to the prevailing
125	125	hydrologic balance at the mine site in associated offsite areas and
126	126	to the quality and quantity of water in surface-water systems and
127	127	groundwater systems both during and after surface coal mining
128	128	operations and during reclamation by:
129	129	(A) avoiding acid or other toxic mine drainage by
130	130	measures including:
131	131	(i) preventing water from contacting or
132	132	removing water from contact with toxic-producing deposits;
133	133	(ii) treating drainage to reduce toxic
134	134	content that adversely affects downstream water when the drainage
135	135	is released to a watercourse; or
136	136	(iii) casing, sealing, or otherwise
137	137	managing boreholes, shafts, and wells and keeping acid or other
138	138	toxic drainage from entering surface water and groundwater;
139	139	(B) conducting surface coal mining operations
140	140	to:
141	141	(i) prevent, to the extent possible using
142	142	the best technology currently available, additional contributions
143	143	of suspended solids to streamflow or runoff outside the permit
144	144	area; and
145	145	(ii) prevent those contributions from
146	146	exceeding requirements set by applicable state or federal law;
147	147	(C) constructing any siltation structures under
148	148	Paragraph (B) before beginning surface coal mining operations;
149	149	(D) cleaning out and removing temporary or large
150	150	settling ponds or other siltation structures from drainways after
151	151	disturbed areas are revegetated and stabilized and depositing the
152	152	silt and debris at a site and in a manner approved by the
153	153	commission;
154	154	(E) restoring the recharge capacity of the mined
155	155	area to approximate premining conditions;
156	156	(F) avoiding channel deepening or enlargement in
157	157	operations requiring the discharge of water from a mine;
158	158	(G) preserving throughout the mining and
159	159	reclamation process the essential hydrologic functions of alluvial
160	160	valley floors in the arid and semiarid areas of the country; and
161	161	(H) performing other actions the commission
162	162	prescribes;
163	163	(11) with respect to surface disposal of mine wastes,
164	164	tailings, coal processing wastes, and other wastes in areas other
165	165	than the mine workings or excavations:
166	166	(A) to stabilize the waste piles in designated
167	167	areas through construction in compacted layers including the use of
168	168	incombustible and impervious materials, if necessary; and
169	169	(B) to assure that the final contour of the waste
170	170	pile will be compatible with natural surroundings and that the site
171	171	can and will be stabilized and revegetated according to this
172	172	chapter;
173	173	(12) to refrain from surface coal mining within 500
174	174	feet of an active or abandoned underground mine to prevent a
175	175	breakthrough and to protect the health or safety of miners;
176	176	(13) to design, locate, construct, operate, maintain,
177	177	enlarge, modify, and remove or abandon, in accordance with the
178	178	standards developed under commission rule, existing and new coal
179	179	mine waste piles used temporarily or permanently as dams or
180	180	embankments;
181	181	(14) to ensure that debris, acid-forming materials,
182	182	toxic materials, or materials constituting a fire hazard are
183	183	treated, buried and compacted, or otherwise disposed of in a manner
184	184	designed to prevent contamination of surface water or groundwater
185	185	and that contingency plans are developed to prevent sustained
186	186	combustion;
187	187	(15) to ensure that explosives are used in accordance
188	188	with state and federal law, including commission rules;
189	189	(16) to ensure that reclamation efforts proceed in an
190	190	environmentally sound manner and as contemporaneously as
191	191	practicable with the surface coal mining operations;
192	192	(17) to ensure that the construction, maintenance, and
193	193	postmining conditions of access roads into and across the site of
194	194	operations will control or prevent:
195	195	(A) erosion and siltation;
196	196	(B) water pollution; and
197	197	(C) damage to:
198	198	(i) fish or wildlife or their habitat; or
199	199	(ii) public or private property;
200	200	(18) to refrain from constructing roads or other
201	201	access ways up a stream bed or drainage channel or so near the
202	202	channel as to seriously alter the normal flow of water;
203	203	(19) to establish on regraded areas and other affected
204	204	land a diverse, effective, and permanent vegetative cover:
205	205	(A) of the seasonal variety native to the area of
206	206	land to be affected;
207	207	(B) capable of self-regeneration and plant
208	208	succession; and
209	209	(C) at least equal in extent of cover to the
210	210	natural vegetation of the area;
211	211	(20) to assume responsibility for successful
212	212	revegetation as required by Subdivision (19) for:
213	213	(A) five years after the last year of augmented
214	214	seeding, fertilizing, irrigation, or other work in order to assure
215	215	compliance with that subdivision, if the land is not previously
216	216	mined land; or
217	217	(B) two years after the last year of augmented
218	218	seeding, fertilizing, irrigation, or other work in order to assure
219	219	compliance with that subdivision, if the land is previously mined
220	220	land [subsection];
221	221	(21) to protect off-site areas from slides or damage
222	222	occurring during the surface coal mining and reclamation operations
223	223	and to refrain from depositing spoil material or locating any part
224	224	of the operations or waste accumulations outside the permit area;
225	225	(22) to place the excess spoil material resulting from
226	226	surface coal mining and reclamation activities in accordance with
227	227	Section 134.106;
228	228	(23) to meet other standards necessary to achieve
229	229	reclamation in accordance with the purposes of this chapter,
230	230	considering the physical, climatological, and other
231	231	characteristics of the site;
232	232	(24) to the extent possible, using the best technology
233	233	currently available, to minimize disturbance and adverse impacts of
234	234	the operation on fish, wildlife, and related environmental values
235	235	and to enhance those resources where practicable; and
236	236	(25) to provide an undisturbed natural barrier
237	237	beginning at the elevation of the lowest coal seam to be mined and
238	238	extending from the outslope for the distance the commission
239	239	determines shall be retained in place as a barrier to slides and
240	240	erosion.
241	241	SECTION 4. Section 134.104, Natural Resources Code, is
242	242	amended to read as follows:
243	243	Sec. 134.104. RESPONSIBILITY FOR REVEGETATION: AREA OF LOW
244	244	PRECIPITATION. Notwithstanding Section 134.092(a)(20), in areas
245	245	or regions of the state where the annual average precipitation is 26
246	246	inches or less, an operator's assumption of responsibility and
247	247	liability extends for:
248	248	(1) 10 years after the last year of augmented seeding,
249	249	fertilizing, irrigation, or other work, if the land is not
250	250	previously mined land; or
251	251	(2) five years after the last year of augmented
252	252	seeding, fertilizing, irrigation, or other work, if the land is
253	253	previously mined land.
254	254	SECTION 5. Subsection (a), Section 134.105, Natural
255	255	Resources Code, is amended to read as follows:
256	256	(a) The applicable [five-year or 10-year] period of
257	257	responsibility for revegetation begins on the date of initial
258	258	planting for long-term intensive agricultural postmining land use
259	259	if the commission approves a long-term intensive agricultural
260	260	postmining land use.
261	261	SECTION 6. Subsection (c), Section 134.069, Natural
262	262	Resources Code, as added by this Act, applies to a permit
263	263	application that is filed with the Railroad Commission of Texas on
264	264	or after the effective date of this Act or that is pending as of the
265	265	effective date of this Act.
266	266	SECTION 7. This Act takes effect immediately if it receives
267	267	a vote of two-thirds of all the members elected to each house, as
268	268	provided by Section 39, Article III, Texas Constitution. If this
269	269	Act does not receive the vote necessary for immediate effect, this
270	270	Act takes effect September 1, 2011.