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Texas Natural Resources Code - NAT RES § 134.162. Violation Not Creating Imminent Danger or Causing Imminent Harm

Current as of January 01, 2024 | Updated by FindLaw Staff

(a) The commission or its authorized representative shall issue a notice to a permit holder who is violating this chapter or a permit condition required by this chapter and shall set a reasonable time not to exceed 90 days for abating the violation if, after an inspection, the commission or its authorized representative determines that:

(1) the permit holder is violating this chapter or a permit condition required by this chapter; and

(2) the violation:

(A) does not create an imminent danger to the health or safety of the public; and

(B) is not causing or reasonably expected to cause significant imminent environmental harm to land, air, or water resources.

(b) The commission or its authorized representative shall order a cessation of surface mining operations or the part of the operations relevant to the violation if:

(1) the time for abatement, as originally set or subsequently extended, expires;

(2) the commission or its authorized representative shows good cause; and

(3) the commission or its authorized representative finds in writing that the violation has not been abated.

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Cite this article: FindLaw.com - Texas Natural Resources Code - NAT RES § 134.162. Violation Not Creating Imminent Danger or Causing Imminent Harm - last updated January 01, 2024 | https://codes.findlaw.com/tx/natural-resources-code/nat-res-sect-134-162/

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