By: Moncrief S.B. No. 648
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the safety and regulation of certain aggregate pits and
1-2 quarries.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 133.003, Natural Resources Code, is
1-5 amended by amending Subdivisions (13) and (26) and adding
1-6 Subdivision (27) to read as follows:
1-7 (13) "In hazardous proximity to a public road" means
1-8 within that distance beginning 200 feet from the outer right-of-way
1-9 line of a public road or highway to the pit perimeter.
1-10 (26) "Unacceptable unsafe location" means a condition
1-11 in which <where the edge of> a pit perimeter is located within 200
1-12 feet of the outer <a> right-of-way line of a public road or highway
1-13 <intersection with a public road> in a manner which, in the
1-14 judgment of the commission,<:>
1-15 <(A)> presents a significant risk of harm to
1-16 public motorists by reason of the proximity of the pit to the
1-17 roadway <intersection;> and<,>
1-18 <(B)> has no naturally occurring or artificially
1-19 constructed barrier or berm between the road and pit that would
1-20 likely prevent a motor vehicle from accidentally entering the pit
1-21 as the result of a motor vehicle collision <at or near the
1-22 intersection;> or which,
1-23 <(C)> in the judgment <opinion> of the
2-1 commission, constitutes <is also at any other location
2-2 constituting> a substantial dangerous risk to the driving public,
2-3 which condition can be rectified by the placement of berms,
2-4 barriers, guardrails, or other devices as prescribed by this code.
2-5 (27) "Undisturbed buffer" means an area of trees and
2-6 vegetation native to the area of the pit location, which area has
2-7 not previously been razed, damaged, or destroyed.
2-8 SECTION 2. Subsection (c), Section 133.041, Natural
2-9 Resources Code, is amended to read as follows:
2-10 (c) The responsible party may choose to slope the sidewalls
2-11 of a pit in place of constructing a berm or barrier, provided that
2-12 in the opinion of the responsible party such corrective measure
2-13 better serves the public safety and provided that the slope extends
2-14 from the outer edge of the slope to a position that is at least 200
2-15 feet from the outer right-of-way line of a public road or highway
2-16 and does <shall> not exceed 10 <30> degrees from the horizontal.
2-17 SECTION 3. Subsection (a), Section 133.042, Natural
2-18 Resources Code, is amended to read as follows:
2-19 (a) A barrier constructed under Section 133.041 of this code
2-20 must:
2-21 (1) reach a height at least twice the mid-axle height
2-22 of the largest motor vehicle that usually travels the public road
2-23 adjacent to the site;
2-24 (2) be of substantial construction suitable for impact
2-25 under normal driving conditions;
3-1 (3) have openings to the extent necessary for travel
3-2 on the premises and for public road drainage, although such
3-3 drainage paths must be covered with protective material,
3-4 substantial enough to turn away motor vehicular traffic that
3-5 normally travels the adjacent public road;
3-6 (4) extend at least 300 feet in each direction along
3-7 the roadway from each point at which the pit is within 200 feet of
3-8 the outer right-of-way line; and
3-9 (5) if a berm, be constructed of consolidated material
3-10 with a top width of not less than two feet and with side slopes in
3-11 a ratio of two units in the horizontal direction to one unit in the
3-12 vertical direction.
3-13 SECTION 4. Subchapter D, Chapter 133, Natural Resources
3-14 Code, is amended by adding Section 133.0421 to read as follows:
3-15 Sec. 133.0421. UNDISTURBED BUFFERS. (a) An undisturbed
3-16 buffer must extend around the perimeter of the pit and have a width
3-17 of five percent of the width of the pit, as determined by the
3-18 commission, but shall be not less than 25 feet wide and may not be
3-19 required to be more than 250 feet wide.
3-20 (b) The undisturbed buffer is to be left in a natural state
3-21 with no loss of the screening associated with trees and native
3-22 vegetation.
3-23 (c) If the buffer has previously been razed, damaged, or
3-24 destroyed, the responsible party must restore the area to its
3-25 undisturbed state through the planting of trees and vegetation
4-1 native to the area and subsequently preserve the area as an
4-2 undisturbed buffer.
4-3 SECTION 5. Subsection (c), Section 133.044, Natural
4-4 Resources Code, is amended to read as follows:
4-5 (c) The quarry safety plan must:
4-6 (1) set out the information required in Section
4-7 133.046 et seq. of this code; and
4-8 (2) be filed by the applicant at least 60 days prior
4-9 to the opening of the pit; and
4-10 (3) contain a statement as to the yearly progress of
4-11 the encroachment of the pit perimeter within the hazardous
4-12 proximity to a public road, if any, and the type of berm or barrier
4-13 or other device required by this code that will be erected; and
4-14 (4) contain a statement detailing the pit closure plan
4-15 required by Section 133.0441 of this code; and
4-16 (5) be in writing, certified, and sworn to by the
4-17 applicant; and
4-18 (6) <(5)> contain any other information relating to
4-19 safety matters as the commission by rule or regulation deems
4-20 essential to the implementation of this code.
4-21 SECTION 6. Subchapter D, Chapter 133, Natural Resources
4-22 Code, is amended by adding Section 133.0441 to read as follows:
4-23 Sec. 133.0441. PIT CLOSURE PLAN; PERFORMANCE BOND. (a) A
4-24 pit closure plan outlining the proposed final contour of the pit
4-25 walls and proposed surface drainage features and approved by the
5-1 commission shall be a part of the quarry safety plan required under
5-2 Section 133.044 of this code.
5-3 (b) The pit closure plan must provide for the walls of the
5-4 pit to be left in a manner to prevent undue erosion and provide for
5-5 a type and degree of slope appropriate to the type of soil found at
5-6 the pit location.
5-7 (c) A closure performance bond in the amount of $20,000
5-8 shall be posted for each mining site no later than 30 days after
5-9 operations at a pit site begin. The closure performance bond shall
5-10 be refunded in full within 45 days of verification by the
5-11 commission that the measures required by the pit closure plan as
5-12 approved by the commission have been completed.
5-13 (d) On submission of the pit closure plan with the quarry
5-14 safety plan required under Section 133.044 of this code, the
5-15 responsible person shall submit a letter to the county judge of the
5-16 county in which pit operations have commenced stating that a pit
5-17 closure plan has been filed with the commission.
5-18 SECTION 7. Subchapter E, Chapter 133, Natural Resources
5-19 Code, is amended by adding Section 133.0811 to read as follows:
5-20 Sec. 133.0811. COUNTY INSPECTION AND ENFORCEMENT. (a) A
5-21 county authority may inspect pits regulated by the commission under
5-22 this chapter.
5-23 (b) Individual pit reports prepared by county inspectors
5-24 shall be submitted to the commission and can be used as evidence in
5-25 commission hearings.
6-1 (c) A county has the authority to halt operation of a pit
6-2 found by the commission to be in violation until corrective work is
6-3 completed and approved by the commission.
6-4 SECTION 8. This Act takes effect September 1, 1993.
6-5 SECTION 9. The importance of this legislation and the
6-6 crowded condition of the calendars in both houses create an
6-7 emergency and an imperative public necessity that the
6-8 constitutional rule requiring bills to be read on three several
6-9 days in each house be suspended, and this rule is hereby suspended.