|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the regulation of quarries; providing penalties. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter C, Chapter 382, Health and Safety |
|
Code, is amended by adding Section 382.067 to read as follows: |
|
Sec. 382.067. LIMITATIONS ON CERTAIN ROCK CRUSHERS. (a) |
|
This section applies only to a rock crusher: |
|
(1) for which: |
|
(A) an application for a permit under Section |
|
382.0518 was received by the commission on or before July 1, 2003; |
|
and |
|
(B) a permit under Section 382.0518 was not |
|
issued before September 1, 2005; and |
|
(2) that is located over an aquifer designated as a |
|
sole source aquifer under the federal Safe Drinking Water Act (42 |
|
U.S.C. Section 300f et seq.). |
|
(b) A person may not operate a rock crusher under a permit |
|
under Section 382.0518 that is located less than one mile from a |
|
building used as a single or multifamily residence, school, or |
|
place of worship at the time the application for a permit to operate |
|
the crusher was filed with the commission. The measurement of |
|
distance for purposes of this section shall be taken from the point |
|
on the rock crusher 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 rock crusher. |
|
(c) The commission may not authorize a person to operate a |
|
rock crusher under a permit by rule. |
|
SECTION 2. The heading to Subtitle C, Title 5, Health and |
|
Safety Code, is amended to read as follows: |
|
SUBTITLE C. AIR AND ENVIRONMENTAL QUALITY |
|
SECTION 3. Subtitle C, Title 5, Health and Safety Code, is |
|
amended by adding Chapter 391 to read as follows: |
|
CHAPTER 391. QUARRY PERMIT |
|
Sec. 391.001. 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 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 for commercial sale. |
|
(5) "Quarry" means the site where aggregates are being |
|
or have been removed or extracted for commercial sale from the earth |
|
to form the pit, including the entire excavation, stripped areas, |
|
and haulage ramps and land adjacent to those areas on which the |
|
plant processing the raw materials is located. The term does not |
|
include: |
|
(A) land owned or leased by the operator that is |
|
not used in the production of aggregates; or |
|
(B) a mining or reclamation activity regulated |
|
under Chapter 134, Natural Resources Code. |
|
Sec. 391.002. APPLICABILITY. This chapter applies to a |
|
quarry only if the quarry operation includes a rock crusher: |
|
(1) for which: |
|
(A) an application for a permit under Section |
|
382.0518 was received by the commission on or before July 1, 2003; |
|
and |
|
(B) a permit under Section 382.0518 was not |
|
issued before September 1, 2005; and |
|
(2) that is located over an aquifer designated as a |
|
sole source aquifer under the federal Safe Drinking Water Act (42 |
|
U.S.C. Section 300f et seq.). |
|
Sec. 391.003. PERMIT REQUIRED. An operator may not create |
|
or begin operating a quarry unless the operator has obtained a |
|
quarry permit under this chapter from the commission. |
|
Sec. 391.004. 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 distance and direction from the nearest: |
|
(i) stream and groundwater source; |
|
(ii) state and county road; |
|
(iii) intersection; |
|
(iv) dwelling; |
|
(v) school; |
|
(vi) place of worship; and |
|
(vii) commercial or institutional building |
|
that is neither owned nor leased by the operator; |
|
(D) the ingress and egress routes for materials |
|
to be transported on public roadways; |
|
(E) a general description of the anticipated |
|
stages in which the quarry will be mined; |
|
(F) subject to Subsection (e), a report from an |
|
independent hydrologist, professional geoscientist, or |
|
professional engineer retained by the operator on the groundwater |
|
or surface water in the quarried area, including any |
|
recommendations by the hydrologist, geoscientist, or engineer to |
|
prevent a detrimental effect on the groundwater and surface water; |
|
and |
|
(G) if a report is required under Paragraph (F), |
|
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 blasting equipment and |
|
procedures to be used at the site; and |
|
(B) a description of the procedures and plans for |
|
the recording and retention of blasting records for each blast that |
|
is to be conducted at the site; and |
|
(3) proof that the operator holds a permit under |
|
Section 382.0518 for the rock crusher located at the quarry. |
|
(b) A quarry permit application fee of $1,000 must accompany |
|
the application. |
|
(c) If the commission denies an application, not later than |
|
the 60th day after the date the commission received the |
|
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 proceeding to consider a quarry permit application or |
|
to issue a quarry permit is not a contested case for purposes of |
|
Chapter 2001, Government Code. |
|
(e) An application for a permit under this section for a |
|
quarry that does not have groundwater or surface water in the |
|
quarried area is not required to include a report under Subsection |
|
(a)(1)(F) or a description of how the operator will address |
|
recommendations under Subsection (a)(1)(G). |
|
Sec. 391.005. PERMIT EXPIRATION AFTER NONUSE. A permit |
|
issued to create or begin operating a quarry expires on the fifth |
|
anniversary of the date that the permit was issued if quarry |
|
operations have not begun at the permit area before that date. |
|
Sec. 391.006. PERMIT AMENDMENT. (a) A quarry operator must |
|
obtain a permit amendment: |
|
(1) before a quarry may be expanded to an adjacent |
|
tract of land; or |
|
(2) if emissions from a rock crusher associated with |
|
the quarry increase substantially, as determined by the commission. |
|
(b) An applicant for a permit amendment must submit an |
|
application that contains the information required by Section |
|
391.004. |
|
Sec. 391.007. NOTICE TO CERTAIN OFFICIALS AND GROUNDWATER |
|
CONSERVATION DISTRICT. On receipt of an application for a quarry |
|
permit, the commission shall send notice of the application to: |
|
(1) each state senator and state representative who |
|
represents the area in which the quarry will be located; |
|
(2) the county judge and county commissioners of each |
|
county in which the quarry will be located; and |
|
(3) each groundwater conservation district in which |
|
the quarry will be located, if applicable. |
|
Sec. 391.008. 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) A quarry operator shall work with the Texas Department |
|
of Transportation to ensure the construction of any road or |
|
driveway improvement necessary for the safe operation of vehicles |
|
at quarry entrances and exits. |
|
Sec. 391.009. 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 weather conditions during the blast; |
|
(3) the seismograph or vibration monitor reading, |
|
including the exact location of the seismograph or vibration |
|
monitor and its distance from the blast; and |
|
(4) 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 not less than 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. 391.010. CIVIL PENALTY; INJUNCTION. (a) |
|
Notwithstanding Section 7.102, Water Code, 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. |
|
SECTION 4. Section 5.013(a), Water Code, is amended to read |
|
as follows: |
|
(a) The commission has general jurisdiction over: |
|
(1) water and water rights including the issuance of |
|
water rights permits, water rights adjudication, cancellation of |
|
water rights, and enforcement of water rights; |
|
(2) continuing supervision over districts created |
|
under Article III, Sections 52(b)(1) and (2), and Article XVI, |
|
Section 59, of the Texas Constitution; |
|
(3) the state's water quality program including |
|
issuance of permits, enforcement of water quality rules, standards, |
|
orders, and permits, and water quality planning; |
|
(4) the determination of the feasibility of certain |
|
federal projects; |
|
(5) the adoption and enforcement of rules and |
|
performance of other acts relating to the safe construction, |
|
maintenance, and removal of dams; |
|
(6) conduct of the state's hazardous spill prevention |
|
and control program; |
|
(7) the administration of the state's program relating |
|
to inactive hazardous substance, pollutant, and contaminant |
|
disposal facilities; |
|
(8) the administration of a portion of the state's |
|
injection well program; |
|
(9) the administration of the state's programs |
|
involving underground water and water wells and drilled and mined |
|
shafts; |
|
(10) the state's responsibilities relating to regional |
|
waste disposal; |
|
(11) the responsibilities assigned to the commission |
|
by Chapters 361, 363, 382, 391, and 401, Health and Safety Code; |
|
(12) the administration of the national flood |
|
insurance program; |
|
(13) administration of the state's water rate program |
|
under Chapter 13 of this code; and |
|
(14) any other areas assigned to the commission by |
|
this code and other laws of this state. |
|
SECTION 5. Subchapter L, Chapter 5, Water Code, is amended |
|
by adding Section 5.517 to read as follows: |
|
Sec. 5.517. EMERGENCY ORDER CONCERNING OPERATION OF QUARRY |
|
WITHOUT PERMIT. The commission shall issue an emergency order |
|
under this subchapter suspending operations of a quarry or other |
|
facility that: |
|
(1) is required to obtain a permit under Chapter 391, |
|
Health and Safety Code; and |
|
(2) is operating without the necessary permit. |
|
SECTION 6. Section 7.052, Water Code, is amended by adding |
|
Subsection (b-1) and amending Subsection (d) to read as follows: |
|
(b-1) The amount of the penalty for operating a quarry that |
|
is required to obtain a permit under Chapter 391, Health and Safety |
|
Code, and that is operating without the required permit is $10,000. |
|
Each day that a continuing violation occurs is a separate |
|
violation. |
|
(d) Except as provided by Subsections [Subsection] (b) and |
|
(b-1), each day that a continuing violation occurs may be |
|
considered a separate violation. The commission may authorize an |
|
installment payment schedule for an administrative penalty |
|
assessed under this subchapter, except for an administrative |
|
penalty assessed under Section 7.057. |
|
SECTION 7. The changes in law made by Section 5.517, Water |
|
Code, as added by this Act, and Section 7.052, Water Code, as |
|
amended by this Act, apply only to a violation that occurs on or |
|
after the effective date of this Act. A violation that occurs |
|
before that date is governed by the law in effect at the time the |
|
violation occurred, and the former law in continued in effect for |
|
that purpose. |
|
SECTION 8. (a) The Texas Commission on Environmental |
|
Quality shall be prepared to accept applications for permits under |
|
Chapter 391, Health and Safety Code, as added by this Act, not later |
|
than March 1, 2008. |
|
(b) A person is not required to hold a permit to create or |
|
operate a quarry under Chapter 391, Health and Safety Code, as added |
|
by this Act, before June 1, 2008. |
|
SECTION 9. This Act takes effect September 1, 2007. |