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.