Section 134.162 - Violation Not Creating Imminent Danger or Causing Imminent Harm(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.Tex. Nat. Res. Code § 134.162
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. 9/1/1995.