2005S0224-3 02/22/05
By: Fraser S.B. No. 785
A BILL TO BE ENTITLED
AN ACT
relating to the regulations of quarries; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle C, Title 5, Health and
Safety Code, is amended to read as follows:
SUBTITLE C. AIR AND ENVIRONMENTAL QUALITY
SECTION 2. Subtitle C, Title 5, Health and Safety Code, is
amended by adding Chapter 390 to read as follows:
CHAPTER 390. QUARRY PERMIT
Sec. 390.001. DEFINITIONS. In this chapter:
(1) "Aggregates" includes any commonly recognized
construction material originating from a quarry or pit by the
disturbance of the surface, including dirt, soil, rock asphalt,
clay, granite, gravel, gypsum, marble, sand, shale, stone, caliche,
limestone, dolomite, rock, riprap, or other nonmineral substance.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Operator" means any person, partnership, firm,
entity, or corporation proposing the creation of a quarry or
engaged in and responsible for the physical operation and control
of a quarry.
(4) "Pit" means an open excavation not less than five
feet below the adjacent and natural ground level from which
aggregates have been or are being extracted.
(5) "Quarry" means the site where aggregates are being
or have been removed or extracted from the earth to form the pit,
including the entire excavation, stripped areas, haulage ramps, the
land immediately adjacent thereto upon which the plant processing
the raw materials is located, exclusive of any land owned or leased
by the operator not being currently used in the production of
aggregates.
Sec. 390.002. APPLICABILITY. This chapter applies only to
a quarry that begins operation on or after September 1, 2005.
Sec. 390.003. QUARRY PERMIT REQUIRED. Before an operator
may create or begin operating a quarry, the operator shall apply for
a quarry permit from the commission.
Sec. 390.004. APPLICATION PROCEDURE. (a) An application
for a quarry permit must include:
(1) a site plan that contains:
(A) a site map detailing the proposed permit
area;
(B) the location and identity of all affected and
unaffected areas;
(C) a description of the location of the quarry,
including the nearest stream and the distance and direction from
the nearest state and county road and the nearest intersection;
(D) the ingress and egress routes for materials
to be transported on public roadways;
(E) a description of the stages in which the
quarry will be mined;
(F) a report from an independent hydrologist on
the groundwater or surface water in the affected area, including
any recommendations by the hydrologist to prevent negative effects
on the groundwater and surface water; and
(G) a description of how the operator will
address the recommendations made in the hydrologist's report;
(2) if blasting will be conducted in the quarry, a
blasting plan that contains:
(A) a description of the blast warning and
site-access control equipment and procedures;
(B) a description of the types and locations of
blast monitoring equipment and procedures to be used; and
(C) a description of the procedures and plans for
the recording and retention of blasting records for each blast that
is to be conducted;
(3) for any land that will be disturbed by the
operator, a reclamation plan that:
(A) describes how the affected land will be
returned to a condition consistent with its intended end use;
(B) is consistent with all lease and contractual
terms stipulated between the lessee and lessor of the affected
land; and
(C) includes:
(i) a timetable for the completion of major
steps in the reclamation plan;
(ii) a plan for grading that is consistent
with the intended end use;
(iii) a plan for vegetation, if applicable,
that is consistent with the intended end use; and
(iv) proof that the operator has obtained
the bond required under Section 390.009; and
(4) an approved air quality permit issued under
Chapter 382, if a crushing facility is constructed.
(b) A quarry permit application fee of $1,000 must accompany
the application.
(c) If the commission denies an application, the commission
shall notify the applicant in writing of the commission's decision,
specifying any defects in the application. An applicant denied a
permit under this subsection may submit a modified application.
(d) A decision by the commission on an application for a
quarry permit may not be contested.
Sec. 390.005. NOTICE TO CERTAIN OFFICIALS. On receipt of an
application for a quarry permit, the commission shall send notice
of the application to the state senator, representative, county
judge, and county commissioner who represent the area in which the
quarry will be located.
Sec. 390.006. HYDROLOGIST REPORT. The operator of a quarry
shall have the hydrologist report described in Section
390.004(a)(1)(F) periodically updated to ensure that no damage is
being done to any surrounding water source.
Sec. 390.007. TRAFFIC SAFETY. (a) The operator of a
quarry shall adhere to all Texas Department of Transportation rules
relating to the safe movement of normal highway traffic, including
those rules governing the construction and maintenance of private,
public, and commercial access driveways.
(b) The operator shall have all access driveway permits held
by the operator periodically updated to ensure proper public
safety.
Sec. 390.008. BLASTING RECORD. (a) If blasting is
conducted in a quarry, the operator of the quarry shall maintain a
blasting record that includes the following information:
(1) the exact location, time, and date of the
detonation;
(2) the direction and distance to the nearest
dwelling, school, church, or commercial or institutional building
that is neither owned nor leased by the operator;
(3) the weather conditions during the blast;
(4) the seismograph or vibration monitor reading,
including the exact location of the seismograph or vibration
monitor and its distance from the blast; and
(5) the name of the person taking the seismograph or
vibration monitor reading.
(b) The operator shall maintain the blasting records of a
detonation, including the seismograph or vibration monitor
readings, for a period of two years after the date of the
detonation.
(c) The operator shall maintain the blasting records at the
quarry site.
(d) The operator shall make the blasting records available
for inspection by the commission.
Sec. 390.009. BOND REQUIRED; RECLAMATION. (a) The
operator of a quarry shall post bond in the amount of $1,000 for
each acre of land that will be affected by operations of the quarry
on a two-year forward basis.
(b) After the affected land is reclaimed, the operator shall
notify the commission of the completion of the reclamation, after
which the bond on that parcel of land may be released.
(c) Except as provided by Subsection (d), the operator shall
complete the reclamation of affected lands no later than three
years after the date of cessation of quarry operations.
(d) The operator may request and the commission may
authorize additional time to complete a reclamation under
Subsection (c).
Sec. 390.010. CIVIL PENALTY; INJUNCTION. (a) An operator
who violates this chapter is liable to the state for a civil penalty
in the amount of $1,000 for each violation. Each day a violation
continues is a separate violation.
(b) At the request of the commission, the attorney general
shall bring suit for injunctive relief to restrain a continuing
violation of this chapter or to recover a civil penalty as provided
by Subsection (a) or for both injunctive relief and recovery of a
civil penalty.
Sec. 390.011. RULES. The commission may adopt rules to
implement this chapter.
SECTION 3. This Act takes effect September 1, 2005.