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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 aggregate production |
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operations by the Texas Commission on Environmental Quality; |
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providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Natural Resources Code, is amended by |
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adding Chapter 135 to read as follows: |
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CHAPTER 135. REGISTRATION AND INSPECTION OF CERTAIN AGGREGATE |
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PRODUCTION OPERATIONS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 135.001. DEFINITIONS. In this chapter: |
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(1) "Aggregates" means any commonly recognized |
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construction material originating from an aggregate production |
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operation from which an operator extracts dimension stone, crushed |
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and broken limestone, crushed and broken granite, crushed and |
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broken stone not elsewhere classified, construction sand and |
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gravel, industrial sand, dirt, soil, or caliche. For purposes of |
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this section, the term "aggregates" does not include shale utilized |
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in the production of bricks, or clay. |
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(2) "Aggregate production operation" means the site |
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from which aggregates are being or have been removed or extracted |
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from the earth, including the entire areas of extraction, stripped |
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areas, haulage ramps, and the land on which the plant processing the |
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raw materials is located, exclusive of any land owned or leased by |
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the responsible party not being currently used in the production of |
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aggregates. For the purposes of this chapter, the term "aggregate |
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production operation" does not include: |
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(A) a site at which the materials that are being |
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removed or extracted from the earth are used or processed at the |
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same site or at a related site under the control of the same |
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responsible party for the production of cement or lightweight |
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aggregates, or in a lime kiln; |
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(B) a temporary site that is being used solely to |
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provide aggregate products for use in a public works project |
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involving the Texas Department of Transportation or a local |
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governmental entity; or |
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(C) an extraction area from which all raw |
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material is extracted for use as fill or for other construction uses |
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at the same or a contiguous site. |
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(3) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(4) "Operator" means any person engaged in and |
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responsible for the physical operation and control of the |
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extraction of aggregates. |
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(5) "Owner" means any person having title, wholly or |
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partly, to the land on which an aggregate production operation |
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exists or has existed. |
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(6) "Responsible party" means the operator, lessor, or |
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owner who is responsible for the overall function and operation of |
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an aggregate production operation. |
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[Sections 135.002-135.050 reserved for expansion] |
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SUBCHAPTER B. REGISTRATION AND INSPECTION |
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Sec. 135.051. REGISTRATION. (a) The responsible party for |
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an aggregate production operation shall register the operation with |
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the commission not later than the 10th business day before the |
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beginning date of extraction activities and shall renew the |
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registration annually as extraction activities continue. |
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(b) After extraction activities at an aggregate production |
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operation have ceased and the operator has notified the commission |
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in writing that the operations have ceased, the requirements of |
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this chapter are not applicable to the aggregate production |
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operation. |
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Sec. 135.052. SURVEY. (a) The commission annually shall |
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conduct a physical survey of the state to: |
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(1) identify all aggregate production operations in |
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this state; and |
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(2) ensure that each aggregate production operation in |
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this state is registered with the commission. |
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(b) The commission may contract with or seek assistance from |
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a governmental entity or other person to conduct the annual survey |
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required by Subsection (a) to identify aggregate production |
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operations that are not registered under this chapter. |
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Sec. 135.053. INSPECTION. (a) The commission shall |
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inspect each aggregate production operation in this state for |
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compliance with applicable environmental laws and rules under the |
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jurisdiction of the commission at least once every three years. |
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(b) Notwithstanding other notice requirements required by |
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statute or commission rule, the commission may conduct an |
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inspection only after providing notice to the responsible party at |
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least five business days before the inspection. |
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(c) Except as provided by Subsection (d), an inspection must |
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be conducted by one or more inspectors trained in the regulatory |
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requirements under the jurisdiction of the commission that are |
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applicable to an aggregate production operation. If the inspection |
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is conducted by more than one inspector, each inspector is not |
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required to be trained in each of the applicable regulatory |
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requirements, but the combined training of the inspectors must |
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include each of the applicable regulatory requirements. The |
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applicable regulatory requirements include requirements related |
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to: |
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(1) individual water quality permits issued under |
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Section 26.027, Water Code; |
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(2) a general water quality permit issued under |
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Section 26.040, Water Code; |
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(3) air quality permits issued under Section 382.051, |
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Health and Safety Code; and |
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(4) other regulatory requirements applicable to |
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aggregate production operations under the jurisdiction of the |
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commission. |
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(d) An investigation in response to a complaint satisfies |
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the requirement of an inspection under this section if a potential |
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noncompliance issue not related to the complaint is observed and |
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is: |
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(1) not within an area of expertise of the |
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investigator but is referred by the investigator to the agency for |
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further investigation; or |
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(2) within an area of expertise of the inspector and is |
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appropriately investigated and appropriately addressed in the |
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investigation report. |
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Sec. 135.054. REPORT. The commission shall provide a |
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specific section in the annual enforcement report under Section |
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5.126, Water Code, with information regarding the implementation of |
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this chapter, including: |
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(1) the results of the survey to locate unregistered |
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aggregate production operations under Section 135.052; |
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(2) the number and general location of the registered |
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aggregate production operations; |
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(3) the number of inspectors trained in multiple areas |
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related to the inspection of aggregate production operations; |
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(4) the number of inspections conducted; and |
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(5) the results of the inspections. |
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[Sections 135.055-135.100 reserved for expansion] |
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SUBCHAPTER C. FEES AND ENFORCEMENT |
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Sec. 135.101. FEES. (a) A person who, under laws in the |
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commission's jurisdiction and rules adopted under those laws, is |
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authorized to operate an aggregate production operation annually |
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shall pay an aggregate production operation registration fee to the |
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commission in an amount established by commission rule. |
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(b) The commission shall set the annual registration fee in |
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an amount sufficient to maintain a registry of aggregate production |
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operations in this state and implement this chapter, not to exceed |
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$1,000. |
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(c) Registration fees collected under this section shall be |
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deposited in the state treasury and may be used only to implement |
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this chapter. |
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Sec. 135.102. PENALTY. The commission may assess a penalty |
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of not less than $5,000 and not more than $10,000 for each year in |
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which an aggregate production operation operates without being |
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registered under this chapter. The total penalty under this section |
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may not exceed $25,000 for an aggregate production operation that |
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is operated in three or more years without being registered. |
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SECTION 2. (a) A responsible party operating an aggregate |
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production operation, as those terms are defined by Section |
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135.001, Natural Resources Code, as added by this Act, is first |
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required to register with the Texas Commission on Environmental |
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Quality under Section 135.051, Natural Resources Code, as added by |
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this Act, on September 1, 2010. |
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(b) If, in conjunction with initially registering with the |
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commission as required by Subsection (a) of this section, a |
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responsible party operating an aggregate production operation also |
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submits a notice of intent to conduct an audit for compliance with |
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all applicable laws, rules, and regulations under the jurisdiction |
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of the Texas Commission on Environmental Quality under Article |
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4447cc, Revised Statutes, the three-year period to conduct an |
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inspection of the operation under Section 135.053, Natural |
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Resources Code, as added by this Act, begins September 1, 2013. |
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SECTION 3. This Act takes effect September 1, 2009. |