H.B. No. 571
 
 
 
 
AN ACT
  relating to the regulation of certain aggregate production
  operations by the Texas Commission on Environmental Quality;
  providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle D, Title 2, Water Code, is amended by
  adding Chapter 28A to read as follows:
  CHAPTER 28A.  REGISTRATION AND INSPECTION OF CERTAIN AGGREGATE
  PRODUCTION OPERATIONS
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 28A.001.  DEFINITIONS.  In this chapter:
               (1)  "Aggregate production operation" means the site
  from which aggregates are being or have been removed or extracted
  from the earth, including the entire areas of extraction, stripped
  areas, haulage ramps, and the land on which the plant processing the
  raw materials is located, exclusive of any land owned or leased by
  the responsible party not being currently used in the production of
  aggregates. For the purposes of this chapter, the term "aggregate
  production operation" does not include:
                     (A)  a site at which the materials that are being
  removed or extracted from the earth are used or processed at the
  same site or at a related site under the control of the same
  responsible party for the production of cement or lightweight
  aggregates, or in a lime kiln;
                     (B)  a temporary site that is being used solely to
  provide aggregate products for use in a public works project
  involving the Texas Department of Transportation or a local
  governmental entity;
                     (C)  an extraction area from which all raw
  material is extracted for use as fill or for other construction uses
  at the same or a contiguous site; or
                     (D)  a site at which the materials that are being
  removed or extracted from the earth are used or processed for use in
  the construction, modification, or expansion of a solid waste
  facility at the site or another location.
               (2)  "Aggregates" means any commonly recognized
  construction material originating from an aggregate production
  operation from which an operator extracts dimension stone, crushed
  and broken limestone, crushed and broken granite, crushed and
  broken stone not elsewhere classified, construction sand and
  gravel, industrial sand, dirt, soil, or caliche. For purposes of
  this section, the term "aggregates" does not include clay or shale
  mined for use in manufacturing structural clay products.
               (3)  "Commission" means the Texas Commission on
  Environmental Quality.
               (4)  "Operator" means any person engaged in and
  responsible for the physical operation and control of the
  extraction of aggregates.
               (5)  "Owner" means any person having title, wholly or
  partly, to the land on which an aggregate production operation
  exists or has existed.
               (6)  "Responsible party" means the operator, lessor, or
  owner who is responsible for the overall function and operation of
  an aggregate production operation.
  [Sections 28A.002-28A.050 reserved for expansion]
  SUBCHAPTER B.  REGISTRATION AND INSPECTION
         Sec. 28A.051.  REGISTRATION. (a)  The responsible party for
  an aggregate production operation shall register the operation with
  the commission not later than the 10th business day before the
  beginning date of extraction activities and shall renew the
  registration annually as extraction activities continue.
         (b)  After extraction activities at an aggregate production
  operation have ceased and the operator has notified the commission
  in writing that the operations have ceased, the requirements of
  this chapter are not applicable to the aggregate production
  operation.
         Sec. 28A.052.  SURVEY. (a)  The commission annually shall
  conduct a physical survey of the state to:
               (1)  identify all active aggregate production
  operations in this state; and
               (2)  ensure that each active aggregate production
  operation in this state is registered with the commission.
         (b)  The commission may contract with or seek assistance from
  a governmental entity or other person to conduct the annual survey
  required by Subsection (a) to identify active aggregate production
  operations that are not registered under this chapter.
         Sec. 28A.053.  INSPECTION.  (a)  The commission shall
  inspect each active aggregate production operation in this state
  for compliance with applicable environmental laws and rules under
  the jurisdiction of the commission at least once every three years.
         (b)  The commission may conduct an inspection only after
  providing notice to the responsible party in accordance with
  commission policy.
         (c)  Except as provided by Subsection (d), an inspection must
  be conducted by one or more inspectors trained in the regulatory
  requirements under the jurisdiction of the commission that are
  applicable to an active aggregate production operation. If the
  inspection is conducted by more than one inspector, each inspector
  is not required to be trained in each of the applicable regulatory
  requirements, but the combined training of the inspectors must
  include each of the applicable regulatory requirements. The
  applicable regulatory requirements include requirements related
  to:
               (1)  individual water quality permits issued under
  Section 26.027;
               (2)  a general water quality permit issued under
  Section 26.040;
               (3)  air quality permits issued under Section 382.051,
  Health and Safety Code; and
               (4)  other regulatory requirements applicable to
  active aggregate production operations under the jurisdiction of
  the commission.
         (d)  An investigation in response to a complaint satisfies
  the requirement of an inspection under this section if a potential
  noncompliance issue not related to the complaint is observed and
  is:
               (1)  not within an area of expertise of the
  investigator but is referred by the investigator to the commission
  for further investigation; or
               (2)  within an area of expertise of the inspector and is
  appropriately investigated and appropriately addressed in the
  investigation report.
         Sec. 28A.054.  REPORT.  The commission shall provide a
  specific section in the annual enforcement report under Section
  5.126 with information regarding the implementation of this
  chapter, including:
               (1)  the results of the survey to locate unregistered
  active aggregate production operations under Section 28A.052;
               (2)  the number and general location of the registered
  aggregate production operations;
               (3)  the number of inspectors trained in multiple areas
  related to the inspection of aggregate production operations;
               (4)  the number of inspections conducted; and
               (5)  the results of the inspections.
  [Sections 28A.055-28A.100 reserved for expansion]
  SUBCHAPTER C. FEES AND ENFORCEMENT
         Sec. 28A.101.  FEES.  (a)  A person who, under laws in the
  commission's jurisdiction and rules adopted under those laws, is
  authorized to operate an aggregate production operation shall pay
  annually an aggregate production operation registration fee to the
  commission in an amount established by commission rule.
         (b)  The commission shall set the annual registration fee in
  an amount sufficient to maintain a registry of active aggregate
  production operations in this state and implement this chapter, not
  to exceed $1,000.
         (c)  Registration fees collected under this section shall be
  deposited in the water resource management account and may be used
  only to implement this chapter.
         Sec. 28A.102.  PENALTY.  The commission may assess a penalty
  of not less than $5,000 and not more than $10,000 for each year in
  which an aggregate production operation operates without being
  registered under this chapter. The total penalty under this
  section may not exceed $25,000 for an aggregate production
  operation that is operated in three or more years without being
  registered.
         SECTION 2.  (a)  A responsible party operating an aggregate
  production operation, as those terms are defined by Section
  28A.001, Water Code, as added by this Act, is first required to
  register with the Texas Commission on Environmental Quality under
  Section 28A.051, Water Code, as added by this Act, on September 1,
  2012.
         (b)  If, in conjunction with initially registering with the
  Texas Commission on Environmental Quality as required by Subsection
  (a) of this section, a responsible party operating an aggregate
  production operation also submits a notice of intent to conduct an
  audit for compliance with all applicable laws, rules, and
  regulations under the jurisdiction of the Texas Commission on
  Environmental Quality under the Texas Environmental, Health, and
  Safety Audit Privilege Act (Article 4447cc, Vernon's Texas Civil
  Statutes), the three-year period to conduct an inspection of the
  operation under Section 28A.053, Water Code, as added by this Act,
  begins September 1, 2015.
         SECTION 3.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 571 was passed by the House on April
  6, 2011, by the following vote:  Yeas 139, Nays 5, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 571 was passed by the Senate on May 9,
  2011, by the following vote:  Yeas 30, Nays 1
  .
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor