Library of COALEX Research Reports

COALEX Research Reports are the products of research and analysis conducted on specific issues relating to the regulation of Surface Mining Control and Reclamation Act of 1977. The research is conducted in response to requests for information from State Regulatory Authorities, under a cooperative agreement between the Office of Surface Mining (OSM) and the Interstate Mining Compact Commission (IMCC).

COALEX refers to the Library of Surface Mining Materials maintained by OSM in LEXIS-NEXIS and is a major source for the research.

Each Report includes a list of resources which were sent as attachments to the individual who requested the research. To obtain a copy of the attachments or to obtain any additional information, contact Joyce Zweben Scall by phone at 202-686-9138 or by email at JZScall@aol.com.

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COALEX STATE INQUIRY REPORT - 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 RESULTS: 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.

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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

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

Research conducted by: Stephen G. Allen

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