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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain quarries located along the |
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headwaters of the Upper Guadalupe River by the Upper Guadalupe |
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River Authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 5, page 1062, Special Laws, Acts of the |
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46th Legislature, Regular Session, 1939, is amended by adding |
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Section 16A to read as follows: |
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Sec. 16A. (a) As necessary to prevent erosion and protect |
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the water quality of the Upper Guadalupe River, the district may |
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adopt rules to require a responsible party to obtain a permit from |
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the district for any quarry operation in the district that is |
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located one-half mile or less from that portion of the Guadalupe |
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River or its tributaries, the water quality of which is threatened |
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by activities at a quarry. |
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(b) In this section: |
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(1) "Quarry" means the site from which aggregates for |
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commercial sale are being or have been removed or extracted from the |
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earth to form a pit, including the entire excavation, stripped |
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areas, haulage ramps, and the immediately adjacent land on which |
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the plant processing the raw materials is located. The term does |
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not include any land owned or leased by the responsible party not |
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being currently used in the production of aggregates for commercial |
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sale or an excavation to mine clay or shale for use in manufacturing |
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structural clay products. |
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(2) "Responsible party" means the owner, operator, |
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lessor, or lessee who is responsible for the overall function and |
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operation of a quarry required to apply for and hold a permit |
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pursuant to this section. |
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(c) The district by rule shall establish performance |
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criteria and requirements for the permit required under Subsection |
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(a) to address: |
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(1) slope gradients that minimize the potential for |
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erosion of quarry walls and banks into the surface waters and |
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related water quality considerations; |
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(2) potential effects on areas subject to frequent |
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flooding and related risks to public safety and property; |
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(3) the control of surface water drainage and water |
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accumulation to prevent: |
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(A) erosion, siltation, or runoff; and |
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(B) damage to public or private property; |
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(4) closure of a quarry, after quarry activities have |
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ended, consistent with best management standards and practices |
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adopted by the commission for quarry stabilization and reuse, which |
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may include soil stabilization and compacting, grading, erosion |
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control measures, removal of waste, debris, and structures, and |
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revegetation; and |
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(5) restoration of a receiving water body to |
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background conditions in the event of an unauthorized discharge |
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that affects the water body. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |