SRC-TJG C.S.H.B. 1005 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1005
By: Haggerty (Fraser)
Natural Resources
5/19/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

The 77th Texas Legislature added Section 5.5145 to the Texas Water Code
imposing a requirement that the Texas Commission on Environmental Quality
(TCEQ) must issue an emergency order to suspend all operations of a rock
crusher or certain types of concrete plants operating without the
necessary permits.  The legislature also amended Section 7.052 of the
Water Code to impose a mandatory $10,000 per day penalty for the operation
of a rock crusher or concrete plant without a permit. 

C.S.H.B. 1005 conforms  provisions relating to rock crushers and concrete
plants to similar statutes involving emergency orders by making the
emergency shut-down order permissive rather than mandatory.  This bill
also makes the $10,000 penalty the maximum amount that may be imposed by
the agency on a per day basis. 

C.S.H.B. 1005 also prohibits TCEQ from issuing a permit, permit amendment,
or other authorization for a rock crushing facility that will be
associated with blasting operations, that are or will be located over an
aquifer comprised in whole or in part of water bearing limestone or
dolomite that is the primary source of drinking water for a municipality
if the facility will be located in a county adjacent to a county with a
population of 500,000 or more and in which is located a portion of a water
body into which a discharge is prohibited by TCEQ.  This bill also
requires TCEQ to prohibit a currently permitted rock crushing facility
from being associated with blasting operations that are or will be located
on a tract over an aquifer comprised in whole or in part of water bearing
limestone or dolomite that is the primary source of drinking water for a
municipality if the facility is located in a county adjacent to a county
with a population of 500,000 or more and in which is located a portion of
a water body into which a discharge is prohibited by TCEQ, and if the
blasting operations have not taken place on the tract for ten or more
years prior to April 10, 2003. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5.5145, Water Code, as follows:

Sec. 5.5145.  EMERGENCY ORDER CONCERNING OPERATION OF ROCK CRUSHER OR
CONCRETE PLANT WITHOUT PERMIT. (a) Authorizes, rather than requires, the
Texas Commission on Environmental Quality (TCEQ) to issue an emergency
order under this subchapter suspending operations of a rock crusher or a
concrete plant that performs wet batching, dry batching, or central mixing
and is required to obtain a permit under Section 382.0518 (Preconstruction
Permit), Health and Safety Code, and is operating without the necessary
permit. 

(b) Prohibits TCEQ from issuing a permit, permit amendment, or other
authorization for a rock crushing facility that will be associated with
blasting operations, that are or will be located over an aquifer comprised
in whole or in part of water bearing limestone or dolomite that is the
primary source of drinking  water for a municipality if the facility will
be located in a county adjacent to a county with a population of 500,000
or more and in which is located a portion of a water body into which a
discharge is prohibited by TCEQ under 30 Texas Administrative Code,
Chapter 311. 

(c) Requires TCEQ to prohibit a currently permitted rock crushing facility
from being associated with blasting operations that are or will be located
on a tract over an aquifer comprised in whole or in part of water bearing
limestone or dolomite that is the primary source of drinking water for a
municipality if the facility is located in a county adjacent to a county
with a population of 500,000 or more and in which is located a portion of
a water body into which a discharge is prohibited by TCEQ under 30 Texas
Administrative Code, Chapter 311, and if the blasting operations have not
taken place on the tract for ten or more years prior to April 10, 2003. 

SECTION 2.  Amends Section 7.052(b), Water Code, to prohibit, rather than
provides that, the amount of the penalty for operating a rock crusher or a
concrete plant that performs wet batching, dry batching, or central
mixing, that is required to obtain a permit under Section 382.0518, Health
and Safety Code, and that is operating without the required permit from
exceeding, rather than is, $10,000. Provides that each day, for a maximum
of 10 days, that a continuing violation may be considered, rather than is,
a separate violation. 

SECTION 3.  (a) Effective date: upon passage or September 1, 2003. 

(b) Makes the application of the changes in law made by Sections 5.5145
and 7.052(b), Water Code, as amended by this Act, prospective. 

(c) Makes application of the changes in law made by Sections 5.5145(b) and
5.5145(c), Water Code, as amended by this Act, prospective.