79R1537 SGA-D
By: Edwards H.B. No. 924
A BILL TO BE ENTITLED
AN ACT
relating to the location of concrete stockpiles at certain portable
concrete crushing facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.065, Health and Safety Code, is
amended by amending Subsections (a) and (d) and by adding
Subsection (e) to read as follows:
(a) The commission by rule shall prohibit the operation of a
concrete crushing facility, including a portable concrete crushing
machine, within 440 yards of a building in use as a single or
multifamily residence, school, or place of worship at the time the
application for a permit to operate the facility at a site near the
residence, school, or place of worship is filed with the
commission. The measurement of distance for purposes of this
subsection shall be taken from the point on the edge of a stockpile
of concrete before, during, or after being crushed [the concrete
crushing facility] that is nearest to the residence, school, or
place of worship toward the point on the residence, school, or place
of worship that is nearest the stockpile of concrete [crushing
facility].
(d) Notwithstanding Subsections (b) and [Subsection] (c),
Subsection (a) applies to a concrete crushing facility in a county
with a population of 2.4 million or more or in a county adjacent to
such a county.
(e) The commission shall require a permit holder who
operates a portable concrete crushing machine in violation of this
section to cease operations unless the permit holder brings the
operation into compliance with this section at the site at which the
violation occurred or relocates the operation to a site in
compliance with this section not later than the first anniversary
of the date on which the permit holder receives notice of the
violation. This subsection does not limit the commission's
authority to further enforce this section under Chapter 7, Water
Code.
SECTION 2. (a) On or after the effective date of this Act,
the Texas Commission on Environmental Quality shall deny an
application for the issuance, amendment, renewal, or transfer of a
permit, registration, or permit by rule for a portable concrete
crushing machine and may not issue, amend, renew, or transfer a
permit, registration, or permit by rule for a portable concrete
crushing machine if the commission determines that the machine
would be operated or is being operated in violation of Section
382.065, Health and Safety Code, as amended by this Act.
(b) A person operating a portable concrete crushing machine
under a permit issued before the effective date of this Act and
whose operation of the machine is in violation of Section 382.065,
Health and Safety Code, as amended by this Act, shall bring the
operation of the machine into compliance with that section not
later than September 1, 2006.
SECTION 3. This Act takes effect September 1, 2005.