SUBCHAPTER H. ENFORCEMENT

Sec. 134.161.  CONDITION, PRACTICE, OR VIOLATION CREATING IMMINENT DANGER OR CAUSING IMMINENT HARM.  (a)  The commission or its authorized representative shall immediately order the cessation of surface coal mining operations or the relevant part of those operations if, after an inspection, the commission or its authorized representative determines that:
(1)  a condition exists, a practice exists, or a violation of this chapter or a permit condition required by this chapter exists;  and
(2)  the condition, practice, or violation:
(A)  creates an imminent danger to the health or safety of the public;  or
(B)  is causing or can reasonably be expected to cause significant imminent environmental harm to land, air, or water resources.
(b)  The commission, in addition to the cessation order, shall require the operator to take any steps the commission considers necessary to completely abate the imminent danger to health or safety or significant imminent environmental harm if the commission finds that the ordered cessation will not completely abate the imminent danger or environmental harm.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.