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.