Sec. 134.095.  MAINTENANCE OF TOPSOIL OR OTHER STRATA.  (a)  The performance standards shall require that, if the topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, the operator shall maintain a successful cover by quick-growing plant or other means so that the topsoil:
(1)  is preserved from wind and water erosion;
(2)  remains free of contamination by other acid or toxic material;  and
(3)  is in a usable condition for sustaining vegetation when restored during reclamation.
(b)  The performance standards shall require that, if topsoil is of insufficient quantity or of poor quality for sustaining vegetation requirements or if other strata can be shown to be more suitable for vegetation requirements, the operator shall remove, segregate, and preserve in the manner provided by Section 134.092(a)(5) and Subsection (a) the other strata that are best able to support vegetation.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.