Section 12.218 - Permit Approval or Denial Actions(a) The Commission shall approve, require modification of, or deny all applications for permits under regulatory programs on the basis of: (1) complete applications for permits and revisions or renewals thereof;(2) public participation as provided for in this subchapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems);(3) Compliance with any applicable provisions of §§ RSA 12.200-RSA 12.205 of this title (relating to Requirements for Permits for Special Categories of Mining); and(4) Processing and review of applications as required by §§ RSA 12.207-RSA 12.221 of this title (relating to Review, Public Participation, and Approval of Permit Applications and Permit Terms and Conditions).(b) The Commission shall take action as required under subsection (a) of this section, within the following times: (1) Initiation of regulatory program. Except as provided for in § RSA 12.104 of this title (relating to Continued Operation Under Interim Permits), a complete application submitted to the Commission within the time required by §RSA 12.106<subdiv>(a)(1)</subdiv> of this title (relating to Permit Application Filing Deadlines) shall be processed by the Commission so that an application is approved or denied within eight months after the date of approval of the state program, unless Texas or the Commission is specifically enjoined from submitting a state program, or the Commission is specifically enjoined from implementing a regulatory program, but in no case later than February 3, 1981; and(2) Subsequent operation of regulatory program. Except as provided for in this section, all complete applications shall be approved according to the time frames in § RSA 12.215 of this title (relating to Review of Permit Applications).(c) If a public hearing is held under § RSA 12.211 of this title (relating to Public Hearing on Application), the Commission shall give its written findings to the permit applicant and to each person who is a party to the hearing, approving, modifying or denying the application in whole or in part, and stating the specific reasons therefor in the decision.(d) If no such public hearing has been held, the Commission shall give its written findings to the permit applicant, approving, modifying or denying the application in whole or in part, and stating the specific reasons in the decision.(e) Simultaneously, the Commission shall: (1) give a copy of its decision to: (A) each person and government official who filed a written objection or comment with respect to the application; and(B) the Regional Director together with a copy of any permit issued; and(2) publish a summary of its decision in a newspaper or similar periodical of general circulation in the general area of the proposed operation.(f) Within 10 days after the granting of a permit, including the filing of the performance bond or other equivalent guarantee which complies with Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations), the Commission shall notify the local government officials in the local political subdivision of which the area of land to be affected is located, that a permit has been issued and shall describe the location of the lands within the permit area.16 Tex. Admin. Code § 12.218
The provisions of this §12.218 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041.