Sec. 134.164. CONTINUOUS VIOLATION. (a) The commission shall issue an order to a permit holder promptly to show cause why a permit should not be suspended or revoked if, after an inspection:
(1) the commission has reason to believe that a pattern of violations of this chapter or of permit conditions required by this chapter exists or has existed; and
(2) the commission or its authorized representative finds that the violations are:
(A) caused by the unwarranted failure of the permit holder to comply with this chapter or the permit conditions; or
(B) wilfully caused by the permit holder.
(b) The order shall set a time, place, and date for a public hearing. The hearing is of record and is subject to Chapter 2001, Government Code.
(c) The commission shall promptly suspend or revoke the permit if the permit holder does not show cause why the permit should not be suspended or revoked.
(d) The permit holder shall immediately stop surface coal mining operations on the permit area and shall complete reclamation within a time specified by the commission if the commission revokes the permit. The commission shall declare the performance bonds for the operation forfeited if the permit holder fails to comply with this subsection.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
Structure Texas Statutes
Chapter 134 - Texas Surface Coal Mining and Reclamation Act
Section 134.161. Condition, Practice, or Violation Creating Imminent Danger or Causing Imminent Harm
Section 134.162. Violation Not Creating Imminent Danger or Causing Imminent Harm
Section 134.163. Term of Cessation Order
Section 134.164. Continuous Violation
Section 134.165. Form of Notice or Order
Section 134.166. Modification, Vacation, or Termination of Notice of Order
Section 134.167. Expiration of Notice or Order
Section 134.168. Application for Commission Review of Notice or Order
Section 134.169. Investigation and Hearing on Application for Review
Section 134.170. Commission Findings and Decision
Section 134.171. Request for Temporary Relief
Section 134.172. Assessment of Costs Incurred in Administrative Proceeding or Judicial Review
Section 134.174. Administrative Penalty for Violation of Permit Condition of This Chapter
Section 134.175. Penalty Assessment Procedure
Section 134.176. Payment of Penalty; Refund
Section 134.178. Recovery of Administrative Penalty
Section 134.179. Criminal Penalty for Wilful and Knowing Violation
Section 134.180. Criminal Penalty for False Statement, Representation, or Certification
Section 134.181. Penalty for Director, Officer, or Agent of Corporation
Section 134.183. Notice to Commission Before Bringing Suit; Suit by State
Section 134.185. Intervention by Commission
Section 134.186. Costs of Suit; Filing of Bond