The following words and terms, when used in this subchapter (relating to Texas Abandoned Mine Land Reclamation Program), shall have the following meanings unless the context clearly indicates otherwise:

1. (1) Emergency--A sudden danger or impairment that presents a high probability of substantial physical harm to the health, safety or general welfare of people before the danger can be abated under normal program operation procedures.
2. (2) Extreme danger--A condition that could reasonably be expected to cause substantial physical harm to persons, property, or the environment and to which persons or improvements on real property are currently exposed.

3. (3) Left or abandoned in either an unreclaimed or inadequately reclaimed condition--Lands and water:

   1. (A) where all mining processes ceased and no current permit for continuing operations existed as of August 3, 1977, or, if a permit did exist on that date, but all mining processes had ceased, it has since lapsed and has not been renewed or superseded by a new permit as of the date of the request for reclamation assistance; and
   2. (B) which continue in their present condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of the land or water resources, or endanger the health or safety of the public.
4. (4) Texas Abandoned Mine Reclamation Fund or Fund--A separate fund established by the state for the purpose of accounting for moneys granted by the Director under an approved state reclamation program and other moneys authorized by these regulations to be deposited in the Fund.

Source Note:The provisions of this §12.801 adopted to be effective April 7, 1997, 22 TexReg 3093.