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(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.
Cite this article: FindLaw.com - Texas Natural Resources Code - NAT RES § 134.162. Violation Not Creating Imminent Danger or Causing Imminent Harm - last updated April 14, 2021 | https://codes.findlaw.com/tx/natural-resources-code/nat-res-sect-134-162/
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