By Edwards H.B. No. 3117
77R8745 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to reducing air pollution caused by particulates from
1-3 aggregate stockpiles and rock crushing machines.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 382, Health and Safety Code,
1-6 is amended by adding Section 382.042 to read as follows:
1-7 Sec. 382.042. WETTING REQUIREMENTS FOR AGGREGATES. (a) In
1-8 this section, "aggregates" has the meaning assigned by Section
1-9 133.003, Natural Resources Code.
1-10 (b) A person who stockpiles aggregates shall saturate the
1-11 aggregates with water to reduce the amount of particulate matter
1-12 released from the stockpiled aggregates in accordance with
1-13 guidelines and procedures imposed by commission rule.
1-14 SECTION 2. Subchapter C, Chapter 382, Health and Safety Code,
1-15 is amended by adding Section 382.0585 to read as follows:
1-16 Sec. 382.0585. CONTESTED CASE HEARING FOR PERMIT APPLICATION
1-17 FOR OR RELOCATION OF ROCK CRUSHER. (a) Notwithstanding Subchapter
1-18 M, Chapter 5, Water Code, as added by Chapter 1350, Acts of the
1-19 76th Legislature, Regular Session, 1999, the commission by rule
1-20 shall provide that a mobile rock crusher may not operate in a new
1-21 location until after a contested case hearing on the rock crusher's
1-22 permit to operate in the new location if a member of the house of
1-23 representatives or a senator requests the hearing.
1-24 (b) Rules adopted under this section must provide for:
2-1 (1) notice of the hearing to residents and businesses
2-2 that might be affected by the location or operation of the rock
2-3 crusher;
2-4 (2) an opportunity for public participation at the
2-5 hearing;
2-6 (3) an opportunity for any person with a justiciable
2-7 interest in the location or operation of the rock crusher to be a
2-8 party to the hearing; and
2-9 (4) the presentation of evidence regarding the effects
2-10 of the rock crusher's operations on air quality and health.
2-11 SECTION 3. Subchapter C, Chapter 382, Health and Safety Code,
2-12 is amended by adding Section 382.0592 to read as follows:
2-13 Sec. 382.0592. LIMITATIONS RELATED TO OPERATIONS OF MOBILE
2-14 ROCK CRUSHERS. (a) In this section, "aggregates" has the meaning
2-15 assigned by Section 133.003, Natural Resources Code.
2-16 (b) This section applies only to the location and operation
2-17 of a rock crusher that may be moved and operated in different
2-18 locations and aggregates piles maintained in relation to its
2-19 operation.
2-20 (c) A rock crusher may not be operated less than one mile
2-21 from:
2-22 (1) any recreational area; or
2-23 (2) a residence or other structure that is occupied or
2-24 used by a person other than the operator of the rock crusher or the
2-25 owner of the property on which the rock crusher is operated.
2-26 (d) Piles of any aggregates maintained in the vicinity of a
2-27 rock crusher may not exceed a height of 15 feet.
3-1 (e) The commission shall adopt rules to implement this
3-2 section.
3-3 SECTION 4. The Texas Natural Resource Conservation
3-4 Commission shall adopt rules under Sections 382.042 and 382.0585,
3-5 Health and Safety Code, as added by this Act, to take effect not
3-6 later than March 1, 2002.
3-7 SECTION 5. This Act takes effect immediately if it receives
3-8 a vote of two-thirds of all the members elected to each house, as
3-9 provided by Section 39, Article III, Texas Constitution. If this
3-10 Act does not receive the vote necessary for immediate effect, this
3-11 Act takes effect September 1, 2001.