Section 12.30 - Conditions of Exemption and Right of Inspection and EntryA person conducting activities covered by §§12.25-12.29, this section, and § RSA 12.31-RSA 12.33 of this title (relating to Exemption for Coal Extraction Incidental to the Extraction of Other Minerals) shall:
(1) maintain on-site or at other locations available to authorized representatives of the Commission, as well as authorized representatives of the Secretary, the information necessary to verify the exemption including, but not limited to, commercial use and sales information, extraction tonnages, and a copy of the exemption application and exemption approved by the Commission;(2) notify the Commission upon the completion of the mining operation or permanent cessation of all coal extraction activities;(3) conduct operations in accordance with the approved application or when authorized to extract coal under §RSA 12.26<subdiv>(b) or (e)(3)</subdiv> of this title (relating to Application Requirements and Procedures) prior to submittal or approval of an exemption application, in accordance with the standards of §§12.25-12.29, this section, and §§ RSA 12.31-RSA 12.33 of this title.(4) Authorized representatives of the Commission, as well as authorized representatives of the Secretary, shall have the right to conduct inspections of operations claiming exemption under §§12.25-12.29, this section, and §§ RSA 12.31-RSA 12.33 of this title (relating to Exemption for Coal Extraction Incidental to the Extraction of Other Minerals).(5) Each authorized representative of the Commission, as well as authorized representatives of the Secretary, conducting an inspection under §§12.25-12.29, this section, and §§ RSA 12.31-RSA 12.33 of this title: (A) shall have a right of entry to, upon, and through any mining and reclamation operations without advance notice or a search warrant, upon presentation of appropriate credentials;(B) may, at reasonable times and without delay, have access to and copy any records relevant to the exemption; and(C) shall have a right to gather physical and photographic evidence to document conditions, practices, or violations at a site.(6) No search warrant shall be required with respect to any activity under paragraphs (4) and (5) of this section, except that a search warrant may be required for entry into a building.16 Tex. Admin. Code § 12.30
The provisions of this §12.30 adopted to be effective November 4, 1997, 22 TexReg 10640.