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.