(a) A person who intends to initiate a civil action on his or her own behalf under §§134.182-134.187 of the Act shall give notice of intent to do so, in accordance with this section.
(b) Notice shall be given by certified mail to the Commission, the Secretary of the U.S. Department of the Interior, and the Director of the federal Office of Surface Mining Reclamation and Enforcement, and by first class mail to the appropriate Regional Director.
(c) Notice shall be given by certified mail to the alleged violator, if the complaint alleges a violation of the Act or any regulation, order, or permit issued under the Act.
(d) Service of notice under this section is complete upon mailing to the last known address of the person being notified.
(e) A person giving notice regarding an alleged violation shall state, to the extent known:
  (1) sufficient information to identify the provision of the Act, regulation, order, or permit allegedly violated;
  (2) the act or omission alleged to constitute a violation;
  (3) the name, address, and telephone numbers of the person or persons responsible for the alleged violation;
  (4) the date, time, and location of the alleged violation;
  (5) the name, address, and telephone number of the person giving notice; and
  (6) the name, address, and telephone number of legal counsel, if any, of the person giving notice.
(f) A person giving notice of an alleged failure by the Commission to perform a mandatory act or duty under the Act shall state, to the extent known:
  (1) the provision of the Act containing the mandatory act or duty allegedly not performed;
  (2) sufficient information to identify the omission alleged to constitute the failure to perform a mandatory act or duty under the Act;
  (3) the name, address, and telephone number of the person giving notice; and
  (4) the name, address, and telephone number of legal counsel, if any, of the person giving notice.

Source Note: The provisions of this §12.5 adopted to be effective April 7, 1997, 22 TexReg 3093.