COALEX REPORT 88

	Coalex Report 88

This is the Office of Surface Mining's library of COALEX Research Reports. COALEX is a database of mining and reclamation information, including the Surface Mining Law and regulations, maintained in LEXIS-NEXIS -- a commercial, on-line research service. These reports have been compiled under a cooperative agreement between the Office of Surface Mining and the Interstate Mining Compact Commission, which represents most U.S. coal producing states. The following report includes an analysis of a specific issue requested by a state regulatory authority with responsibility for carrying out the Surface Mining Law. Copies of the research reports and attachments are available to the public, upon request. For additional information, or to obtain copies of the listed attachments, contact Ron Tarquinio by phone at (202) 208-2882 or by e-mail at rtarquin@osmre.gov.

                   
COALEX STATE INQUIRY - 88
July 30, 1987

Ron Reeves, Legal Counsel
Texas Railroad Commission
Surface Mining & Reclamation Division
1701 N. Congress Ave.
William B. Travis Bldg., 7th Floor
Austin, Texas 78704

TOPIC: PRE-EXISTING STRUCTURES

INQUIRY: (1) What is the definition of pre-existing structures? (2) Would a stream that was
diverted from its original channel prior to enactment of SMCRA be considered a pre-existing
structure? (3) Locate any cases, legislative history, etc. on pre-existing structures.

SEARCH RESULT: Pre-existing structures are discussed in the applicability section of 30 CFR Sec.
710.11(d).  This discussion is in connection with the initial regulatory program and bringing these
pre-existing, nonconforming structures or facilities up to standards and into compliance with
interim program regulations.  (30 CFR Sec. 710.11(d)(2)).  The scope of this section appears to
cover only those structures that are pre-existing, noncomforming and used to facilitate mining on
or after the date set by the regulatory authority.  Structures used on or after this date, even
though classified pre-existing must have been modified to meet interim program standards.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

   Four cases were found that relate to pre-existing structures.  Most relate to litigation over
whether the particular structure met appropriate compliance standards, and generally did not
define a "pre-existing" structure.


ATTACHMENTS
A    Excerpt, 30 CFR Sec. 710.11.
B    JOSEPHINE COAL CO. v OSM, No. CH 0-52-R, NX 5-18-P (1986).
C    BELVA COAL CO., INC. v OSM, No. CH 0-17-P (1980).
D    N&G CONSTRUCTION v OSM, No. CH 9-15-R (1980).
E    ZAPATA COAL CORP., 2 IBSMA 9 (1980).

Search conducted by Stephen G. Allen

(Home Page)

Office of Surface Mining
1951 Constitution Ave. N.W.
Washington, D.C. 20240
202-208-2719
getinfo@osmre.gov