Texas § 134.093 BACKFILLING, GRADING, AND COMPACTING: INSUFFICIENT OVERBURDEN.

Texas Statutes

§ 134.093 — BACKFILLING, GRADING, AND COMPACTING: INSUFFICIENT OVERBURDEN.

Texas § 134.093

Code NRNatural Resources Code

This text of Texas § 134.093 (BACKFILLING, GRADING, AND COMPACTING: INSUFFICIENT OVERBURDEN.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Natural Resources Code Code Ann. § 134.093 (2026).

Text

Sec. 134.093. BACKFILLING, GRADING, AND COMPACTING: INSUFFICIENT OVERBURDEN.

(a)This section applies to a surface coal mining operation:

(1)that is carried out at the same location over a substantial period;

(2)that transects the coal deposit;

(3)in which the thickness of the coal deposit relative to the volume of the overburden is large; and

(4)for which the operator demonstrates that the overburden and other spoil and waste materials at a particular point in the permit area or otherwise available from the entire permit area are insufficient, considering volumetric expansion, to restore the approximate original contour.

(b)Notwithstanding Section 134.092 (a)(3), the operator, at a minimum, shall backfill, grade, and compact, where advisable, using the available overburden and other

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Sec. 134.093. BACKFILLING, GRADING, AND COMPACTING: INSUFFICIENT OVERBURDEN. (a) This section applies to a surface coal mining operation:
(1) that is carried out at the same location over a substantial period;
(2) that transects the coal deposit;
(3) in which the thickness of the coal deposit relative to the volume of the overburden is large; and
(4) for which the operator demonstrates that the overburden and other spoil and waste materials at a particular point in the permit area or otherwise available from the entire permit area are insufficient, considering volumetric expansion, to restore the approximate original contour.
(b) Notwithstanding Section 134.092 (a)(3), the operator, at a minimum, shall backfill, grade, and compact, where advisable, using the available overburden and other spoil and waste materials to attain the lowest practicable grade but not more than the angle of repose, to provide adequate drainage, and to cover the acid-forming and other toxic materials in order to achieve an ecologically sound land use compatible with the surrounding region.