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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure for obtaining an air contaminant |
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emissions permit from the Texas Commission on Environmental Quality |
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for a rock crusher. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.067 to read as follows: |
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Sec. 382.067. STREAMLINED PROCESS FOR PERMITS FOR CERTAIN |
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ROCK CRUSHERS. (a) The commission by rule shall implement |
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reasonably streamlined processes for issuing permits required to |
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construct a rock crusher that meets the requirements provided by |
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this section. |
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(b) The processes adopted under this section must provide |
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for the commission to take final action on an application for a |
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permit not later than the 60th day after the date the commission |
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receives an administratively complete application if: |
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(1) the commission determines that the applicant's |
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compliance history is in the highest classification under Sections |
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5.753 and 5.754, Water Code, and rules adopted and procedures |
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developed under those sections; |
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(2) the applicant agrees to create a buffer zone |
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around the rock crusher and the quarry associated with the rock |
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crusher in accordance with commission rules; |
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(3) the applicant agrees to operate the rock crusher |
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and the quarry associated with the rock crusher in accordance with |
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best practices as determined by commission rule; and |
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(4) following the closure of the quarry associated |
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with the rock crusher, the applicant agrees to reclaim the quarry in |
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accordance with commission rules. |
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(c) When acting under a rule adopted under this section, the |
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commission shall use public meetings, informal conferences, or |
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advisory committees to gather the opinions and advice of interested |
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persons. |
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(d) The permit processes authorized by this section are not |
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subject to the requirements relating to a contested case hearing |
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under this chapter, Chapter 5, Water Code, or Subchapters C-G, |
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Chapter 2001, Government Code. |
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SECTION 2. Not later than January 1, 2010, the Texas |
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Commission on Environmental Quality shall adopt rules under Section |
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382.067, Health and Safety Code, as added by this Act. |
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SECTION 3. 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, 2009. |