By: Sibley S.B. No. 1491 A BILL TO BE ENTITLED AN ACT 1-1 relating to the reclamation of land after the mining of sand, 1-2 gravel, aggregate rock, limestone and other related materials. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 Section 130.001. Short title 1-5 This chapter may be cited as the Texas Sand and Gravel 1-6 Reclamation Act, Section 130.001, Natural Resources Code, V.A.T.S. 1-7 Section 130.002. Declaration of Policy 1-8 The legislature finds and declares that: 1-9 (1) the extraction of minerals by surface mining 1-10 operations is a basic and essential activity making an important 1-11 contribution to the economic well-being of the state and nation; 1-12 (2) proper reclamation of surface-mined land is 1-13 necessary to prevent undesirable land and water conditions that 1-14 would be detrimental to the general welfare, health, safety, and 1-15 property rights of the citizens of this state; 1-16 (3) surface mining takes place in diverse areas where 1-17 the geologic, topographic, climatic, biological, and social 1-18 conditions are significantly different and that reclamation 1-19 operations and the specifications for reclamation operations must 1-20 vary accordingly; 1-21 (4) it is not always possible to extract minerals 1-22 required by our society without disturbing the surface of the earth 1-23 and producing waste materials, and the very character of certain 2-1 types of surface mining operations occasionally precludes complete 2-2 restoration of the affected land to its original condition; 2-3 (5) unregulated surface mining may destroy or diminish 2-4 the utility of land for commercial, industrial, residential, 2-5 recreational, agricultural, and forestry purposes by causing 2-6 erosion and landslides, by contributing to floods, by polluting the 2-7 water, by destroying fish and wildlife habitats, by impairing 2-8 natural beauty, by damaging the property of citizens, by creating 2-9 hazards dangerous to life and property, by degrading the quality of 2-10 life in local communities, and by counteracting governmental 2-11 programs and efforts to conserve soil, water, and other natural 2-12 resources, which results are declared to be harmful to the public 2-13 interest and destructive to the public health, safety, welfare, and 2-14 economy of the State of Texas; 2-15 (6) due to its unique character or location, some land 2-16 within the state may be unsuitable for all or certain types of 2-17 surface mining operations; and 2-18 (7) reclamation of surface-mined land as provided by 2-19 this chapter will allow the mining of valuable minerals in a manner 2-20 designed for the protection and subsequent beneficial use of land. 2-21 Section 130.003. Purposes 2-22 It is declared to be the purpose of this chapter: 2-23 (1) to prevent the adverse effects to society and the 2-24 environment resulting from unregulated surface mining operations as 2-25 defined in this chapter; 3-1 (2) to assure that the rights of surface landowners 3-2 and other persons with a legal interest in the land or 3-3 appurtenances to the land are protected from unregulated surface 3-4 mining operations; 3-5 (3) to assure that surface mining operations are not 3-6 conducted where reclamation as required by this chapter is not 3-7 possible; 3-8 (4) to assure that surface mining operations are 3-9 conducted in a manner that will prevent unreasonable degradation of 3-10 land and water resources; and 3-11 (5) to assure that reclamation of all surface-mined 3-12 land is accomplished as contemporaneously as practicable with the 3-13 surface mining, recognizing that the extraction of minerals by 3-14 responsible mining operations is an essential and beneficial 3-15 economic activity. 3-16 Section 130.004. Definitions 3-17 In this chapter: 3-18 (1) "Minerals" means sand, gravel, aggregate rock, 3-19 limestone and related natural resources. 3-20 (2) "Surface mining" means the mining of minerals by 3-21 removing the overburden lying above the natural deposit of minerals 3-22 and mining directly from the natural deposits that are exposed. 3-23 (3) "Exploration activity" means the disturbance of 3-24 the surface or subsurface for the purpose of or related to 3-25 determining the location, quantity, or quality of a mineral 4-1 deposit, except those exploration activities associated with the 4-2 drilling of test holes or core holes. 4-3 (4) "Affected land" or "land affected" means: 4-4 (A) the area from which any materials are to be 4-5 or have been displaced in a surface mining operation; 4-6 (B) the area on which any materials that are 4-7 displaced are to be or have been deposited; 4-8 (C) the haul roads and impoundment basins within 4-9 the surface mining area; and 4-10 (D) other land whose natural state has been or 4-11 will be disturbed as a result of the surface mining operations. 4-12 (5) "Surface mining operation" means the activities 4-13 conducted at a mining site, including extraction, storage, 4-14 processing, and shipping of minerals and reclamation of the land 4-15 affected. 4-16 (6) "Operator" means the individual or entity, 4-17 including any public or governmental agency, that is to engage or 4-18 that is engaged in a surface mining operation. 4-19 (7) "Overburden" means all materials displaced in a 4-20 mining operation which are not, or will not be, removed from the 4-21 affected area. 4-22 (8) "Reclamation" means the process of restoring an 4-23 area affected by a surface mining operation to its original or 4-24 other substantially beneficial condition, considering past and 4-25 possible future conditions. 5-1 (9) "Topsoil" means the unconsolidated mineral matter 5-2 naturally present on the surface of the earth which has been 5-3 subjected to and influenced by genetic and environmental factors of 5-4 parent material, climate, macroorganisms and microorganisms, and 5-5 topography, all acting over a period of time, and which is 5-6 necessary for the growth and regeneration of vegetation on the 5-7 surface of the earth. 5-8 (10) "Toxic material" means any substance present in 5-9 sufficient concentration or amount to cause injury or illness to 5-10 plant, animal, or human life. 5-11 (11) "Approximate original contour" means that surface 5-12 configuration achieved by back filling and grading of the surface 5-13 mined area so that it resembles the surface configuration of the 5-14 land prior to mining and blends into and complements the drainage 5-15 pattern of the surrounding terrain, with all high walls, spoil 5-16 piles, and depressions eliminated, although the new contour may 5-17 subsequently be at a moderately lower or higher elevation than 5-18 existed prior to the surface mining operation. 5-19 (12) "Person" means an individual, partnership, 5-20 society, joint-stock company, firm, company, corporation, business 5-21 organization, governmental agency, or any organization or 5-22 association of citizens. 5-23 (13) "Mining area" means all the area affected by the 5-24 surface mining operations during the surface mining operation and 5-25 may include any contiguous area that the operator proposes to 6-1 surface mine after that time. 6-2 Section 130.005. Reclamation 6-3 (a) The basic objective of reclamation is to reestablish on 6-4 a continuing basis, where required, vegetation and other natural 6-5 conditions consistent with the anticipated subsequent use of the 6-6 affected land. 6-7 (b) The process of reclamation may require contouring, 6-8 terracing, grading, back filling, resoiling, revegetation, 6-9 compaction and stabilization and settling ponds, water 6-10 impoundments, diversion ditches, and other water treatment 6-11 facilities in order to minimize water diminution to existing water 6-12 sources, pollution, soil and wind erosion, or flooding resulting 6-13 from mining or any other activity that may be considered necessary 6-14 to accomplish the reclamation of the land affected to a 6-15 substantially beneficial condition. 6-16 Section 130.006. Exclusions and Exemptions 6-17 The provisions of this chapter do not apply to the following: 6-18 (1) surface mining operations conducted on public land 6-19 regulated by the General Land Office if the land is reclaimed in a 6-20 manner consistent with this chapter; and 6-21 (2) land on which the overburden has been removed and 6-22 minerals have been produced before September 1, 1990. 6-23 Section 130.007. Reclamation Plan 6-24 (a) A reclamation plan shall be developed in a manner 6-25 consistent with local, physical, environmental, land climatological 7-1 conditions and current mining and reclamation technologies. 7-2 (b) A reclamation plan shall include: 7-3 (1) the identification of the entire area to be mined 7-4 and affected over the estimated life of the mining operation; 7-5 (2) the condition of the land prior to any mining, 7-6 including: 7-7 (A) the uses existing immediately preceding any 7-8 mining; and 7-9 (B) the capability of the land prior to any 7-10 mining to support a variety of uses giving consideration to soil 7-11 and foundation characteristics, topography and vegetative cover; 7-12 (3) the capacity of the land to support its 7-13 anticipated use following reclamation, including a discussion of 7-14 the capacity of the reclaimed land to support alternative uses; 7-15 (4) a description of how the proposed post mining land 7-16 condition is to be achieved and the necessary support activities 7-17 that may be needed to achieve the condition, including an estimate 7-18 of the cost per acre of the reclamation; 7-19 (5) the steps taken to comply with applicable air and 7-20 water quality and water rights laws and regulations and any 7-21 applicable health and safety standards, including copies of any 7-22 pertinent permit applications; 7-23 (6) a general timetable that the operator estimates 7-24 will be necessary for accomplishing the major events included in 7-25 the reclamation plan. 8-1 Section 130.108. Reclamation Standards 8-2 (a) Surface mining operations within this state will be 8-3 required to meet all applicable reclamation standards of this 8-4 chapter. 8-5 (b) Reclamation standards shall apply to all surface mining 8-6 and reclamation operations that are not exempted or excluded and 8-7 shall require the operator as a minimum to: 8-8 (1) conduct surface mining operations in a manner 8-9 consistent with prudent mining practice, so as to maximize the 8-10 utilization and conservation of the resource being recovered so 8-11 that reaffecting the land in the future through surface mining can 8-12 be minimized; 8-13 (2) restore the land affected to the same or a 8-14 substantially beneficial condition considering the present and past 8-15 uses of the land, so long as the condition does not present any 8-16 actual or probable hazard to public health or safety or pose an 8-17 actual or probable threat of water diminution or pollution, and the 8-18 permit applicants' declared anticipated land use following 8-19 reclamation is not considered to be impractical or unreasonable, to 8-20 involve unreasonable delay in implementation, or to violate 8-21 federal, state, or local law, provided that a variety of post 8-22 mining land conditions that differ from the land condition 8-23 immediately preceding the surface mining operation, including but 8-24 not limited to stock ponds, fishing or recreational lakes, school 8-25 or park sites, industrial, commercial, or residential sites, or 9-1 open space uses, may be approved by the commission if the proposed 9-2 condition is determined to be substantially beneficial and complies 9-3 with the provisions of this section; 9-4 (3) reduce all high walls, spoil piles, and banks to a 9-5 degree to control erosion effectively and sufficiently to sustain 9-6 vegetation, where required, consistent with the anticipated 9-7 subsequent use of the affected land, provided that back filling, 9-8 compacting, and grading shall be required to restore the 9-9 approximate original contour; 9-10 (4) stabilize and protect all surface areas affected 9-11 by the mining and reclamation operation effectively to control 9-12 erosion and attendant air and water pollution; 9-13 (5) remove the topsoil, if any, from the land in a 9-14 separate layer, replace it on the back fill area, or if not 9-15 utilized immediately, segregate it in a separate pile from other 9-16 spoil and when the topsoil is not replaced on a back fill area 9-17 within a time short enough to avoid deterioration of the topsoil, 9-18 maintain a successful cover by quick growing plants or other means 9-19 so that the topsoil is preserved from wind and water erosion, 9-20 remains free of any contamination by acid or other toxic material, 9-21 and is in a usable condition for sustaining vegetation when 9-22 restored during reclamation, except if topsoil is of insufficient 9-23 quantity or of poor quality for sustaining vegetation and if other 9-24 strata can be shown to be as suitable for vegetation requirements, 9-25 then the operator shall remove, segregate, and preserve in a like 10-1 manner the other strata which is best able to support vegetation, 10-2 provided that the requirements of this provision shall not apply if 10-3 a mining of strata can be shown to be equally suitable for 10-4 revegetation requirements; 10-5 (6) replace the topsoil or the best available subsoil, 10-6 if any, on top of the land to be reclaimed; 10-7 (7) fill any auger holes with an impervious material 10-8 in order to prevent drainage; 10-9 (8) minimize the disturbances to the prevailing 10-10 hydrologic balance at the mine site and in associated off site 10-11 areas and to the quality and quantity of water in surface and 10-12 groundwater systems both during and after surface mining operations 10-13 and during reclamation by: 10-14 (A) avoiding acid or other toxic mine drainage 10-15 by such measures as: 10-16 (i) preventing or removing water from 10-17 contact with toxic-producing deposits, 10-18 (ii) treating drainage to reduce toxic 10-19 content, 10-20 (iii) easing, scaling, or otherwise 10-21 managing by holes, shafts, and wells to keep acid or other toxic 10-22 drainage from entering ground and surface water; 10-23 (B) conducting surface mining operations in a 10-24 manner as to prevent unreasonable additional contributions of 10-25 suspended solids to stream flow or runoff outside the permit area 11-1 above natural levels under seasonal flow conditions; 11-2 (C) removing temporary or large siltation from 11-3 drain ways consistent with good water conservation practices after 11-4 disturbed areas are revegetated. 11-5 (9) stabilize any waste piles; 11-6 (10) refrain from surface mining in proximity to 11-7 active and abandoned underground mines in which mining would cause 11-8 breakthroughs or would endanger the health or safety of miners; 11-9 (11) incorporate with respect to the use of 11-10 impoundments for the disposal of mine wastes, processing wastes, or 11-11 other liquid or solid wastes current engineering practices for the 11-12 design and construction of water retention facilities which, at a 11-13 minimum, shall be compatible with the requirements of Section 11-14 6.0731, Water Code, ensure that leachate will not pollute surface 11-15 or groundwater, and locate impoundments so as not to endanger 11-16 public health and safety should failure occur; 11-17 (12) ensure that all debris, acid-forming materials, 11-18 toxic materials, or materials constituting a fire hazard are 11-19 treated or disposed of in a manner designed to prevent 11-20 contamination of ground or surface water or combustion; 11-21 (13) ensure that any explosives are used only in 11-22 accordance with existing state and federal law and rules 11-23 promulgated by the commission; 11-24 (14) ensure that all reclamation efforts proceed as 11-25 contemporaneously as practicable with the surface mining 12-1 operations; 12-2 (15) ensure that construction, maintenance, and post 12-3 mining conditions of access roads into and across the site of 12-4 operations will minimize erosion and siltation, pollution of air 12-5 and water, damage to fish or wildlife or their habitat, or public 12-6 or private property, provided that the commission may permit the 12-7 retention after mining of certain access roads if compatible with 12-8 the approved reclamation plan; 12-9 (16) refrain from the construction of roads or other 12-10 access ways up a stream bed or drainage channel or in proximity to 12-11 such channel where such construction would seriously alter the 12-12 normal flow of water; 12-13 (17) establish on all affected land, where required in 12-14 the approved reclamation plan, a diverse vegetative cover native to 12-15 the affected land where vegetation existed prior to mining and 12-16 capable of self-regeneration and plant succession equal in extent 12-17 of cover to the natural vegetation of the area, except that 12-18 introduced species may be used in the revegetation process where 12-19 desirable or necessary to achieve the approved reclamation plan; 12-20 (18) assure successful revegetation has been 12-21 established as evidenced by the land being used as anticipated in 12-22 the reclamation plan; 12-23 (19) ensure with respect to permanent impoundments of 12-24 water as part of the approved reclamation plan that: 12-25 (A) the size of the impoundment and the 13-1 availability of water are adequate for its intended purpose; 13-2 (B) the impoundment dam construction will meet 13-3 the requirements of Section 6.0731, Water Code, and applicable 13-4 federal laws; 13-5 (C) the quality of impounded water will be 13-6 suitable on a permanent basis for its intended use and the 13-7 discharges from the impoundment will not degrade the water quality 13-8 in the receiving stream; 13-9 (D) final grading will provide adequate safety 13-10 and access for anticipated water users; and 13-11 (E) the water impoundments will not result in 13-12 the diminution of the quality or quantity of water utilized by 13-13 adjacent or surrounding landowners for agricultural, industrial, 13-14 recreational, or domestic uses; and 13-15 (20) meet other criteria as is necessary to achieve 13-16 reclamation in accordance with the purposes of this chapter, taking 13-17 into consideration the physical, climatological, and other 13-18 characteristics of the site. 13-19 (c) The purpose of this section is to have land affected 13-20 restored to the same condition as the land that existed enjoyed 13-21 before the mining or some substantially beneficial condition. 13-22 This Act takes effect September 1, 1993. 13-23 The importance of this legislation and the crowded condition of the 13-24 calendars in both houses create an emergency and an imperative 13-25 public necessity that the constitutional rule requiring bills to be 14-1 read on three several days in each house be suspended, and this 14-2 rule is hereby suspended.