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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of and permit requirements for certain |
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facilities that extract, produce, or process aggregates and of |
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related facilities by the Texas Commission on Environmental Quality |
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and the Railroad Commission of Texas; providing administrative |
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penalties and other civil remedies; creating criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.0516, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) In addition to the notice required by Subsection (a), |
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for an application that relates to a facility that is or is proposed |
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to be part of an aggregate production operation required to be |
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registered under Section 28A.051, Water Code, on receiving the |
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application, the commission shall send notice of the application to |
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each school district in which the operation is located and any other |
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school district located less than five miles from the site of the |
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proposed facility. |
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SECTION 2. Section 382.056(r), Health and Safety Code, is |
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amended to read as follows: |
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(r) This section does not apply to: |
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(1) the relocation or change of location of a portable |
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facility to a site where a portable facility has been located at the |
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proposed site at any time during the previous two years; |
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(2) a facility located temporarily in the |
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right-of-way, or contiguous to the right-of-way, of a public works |
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project; or |
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(3) a facility described by Section 382.065(c), unless |
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that facility is in a county with a population of one [3.3] million |
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or more or in a county adjacent to such a county. |
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SECTION 3. Sections 382.065(a), (b), and (d), Health and |
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Safety Code, are amended to read as follows: |
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(a) The commission by rule shall prohibit the operation of a |
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concrete crushing facility within one mile [440 yards] of a |
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building in use as a single or multifamily residence, school, or |
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place of worship at the time the application for a permit to operate |
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the facility at a site near the residence, school, or place of |
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worship is filed with the commission. The measurement of distance |
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for purposes of this subsection shall be taken from the point on the |
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concrete crushing facility that is nearest to the residence, |
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school, or place of worship toward the point on the residence, |
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school, or place of worship that is nearest the concrete crushing |
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facility. |
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(b) Subsection (a) does not apply to a concrete crushing |
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facility: |
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(1) at a location for which commission authorization |
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for the operation of a concrete crushing facility was in effect on |
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September 1, 2001; |
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(2) at a location that satisfies the distance |
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requirements of Subsection (a) at the time the application for the |
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initial authorization for the operation of that facility at that |
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location is filed with the commission, provided that the |
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authorization is granted and maintained, regardless of whether a |
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single or multifamily residence, school, or place of worship is |
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subsequently built or put to use within one mile [440 yards] of the |
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facility; or |
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(3) that: |
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(A) uses a concrete crusher: |
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(i) in the manufacture of products that |
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contain recycled materials; and |
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(ii) that is located in an enclosed |
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building; and |
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(B) is located: |
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(i) within 25 miles of an international |
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border; and |
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(ii) in a municipality with a population of |
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not less than 6,100 but not more than 20,000. |
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(d) Notwithstanding Subsection (c), Subsection (a) applies |
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to a concrete crushing facility in a county with a population of one |
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[3.3] million or more or in a county adjacent to such a county. |
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SECTION 4. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.069 to read as follows: |
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Sec. 382.069. AGGREGATE PRODUCTION OPERATIONS. (a) This |
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section applies only to a permit for a facility that is or is |
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proposed to be part of an aggregate production operation required |
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to be registered under Section 28A.051, Water Code. |
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(b) The commission may adopt a standard audit and air |
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sampling program for permit holders. |
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(c) The commission shall adopt a policy to grant a permit |
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holder who is not subject to Chapter 1101 the privileges |
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established in Chapter 1101 if the permit holder chooses to comply |
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with the requirements of Chapter 1101 for the facility for which the |
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permit is issued. |
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(d) The commission may not grant a permit application that |
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relates to a proposed facility under this chapter unless the |
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applicant provides to the commission documentation of any required |
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permit issued to the applicant by: |
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(1) each groundwater conservation district in which |
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the proposed facility will be located; and |
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(2) the Railroad Commission of Texas under Chapter |
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135, Natural Resources Code. |
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SECTION 5. 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. AGGREGATE PRODUCTION OPERATIONS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 135.0001. DEFINITIONS. In this chapter: |
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(1) "Affected land" means: |
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(A) the area from which any materials are to be or |
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have been displaced in an aggregate production operation; |
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(B) the area on which any materials that are |
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displaced are to be or have been deposited; |
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(C) the haul roads and impoundment basins within |
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the aggregate production operation; and |
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(D) other land whose natural state has been or |
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will be disturbed as a result of the aggregate production |
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operations. |
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(2) "Aggregate production operation" means an |
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extraction operation at an aggregate production operation site |
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described by Section 28A.001(1), Water Code. |
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(3) "Commission" means the Railroad Commission of |
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Texas. |
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SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION |
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Sec. 135.0051. GENERAL AUTHORITY OF COMMISSION. To |
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accomplish the purposes of this chapter, the commission may: |
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(1) adopt, amend, and enforce rules pertaining to |
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aggregate production operations consistent with this chapter; |
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(2) issue permits under this chapter; |
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(3) conduct hearings under this chapter and Chapter |
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2001, Government Code; |
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(4) issue orders requiring a person to take actions |
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necessary to comply with this chapter or rules adopted under this |
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chapter; |
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(5) issue orders modifying previous orders; |
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(6) issue a final order revoking the permit of a person |
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who has not complied with a commission order to take action required |
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by this chapter or rules adopted under this chapter; |
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(7) hire employees, adopt standards for employment, |
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and hire or authorize the hiring of outside contractors to assist in |
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carrying out this chapter; |
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(8) accept, receive, and administer grants, gifts, |
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loans, or other money made available from any source for the |
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purposes of this chapter; and |
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(9) perform any other duty or act required by or |
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provided for in this chapter. |
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Sec. 135.0052. MONITORING, REPORTING, AND INSPECTIONS. (a) |
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The commission may: |
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(1) require monitoring and reporting; |
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(2) enter and inspect aggregate production |
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operations; and |
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(3) take other actions necessary to administer, |
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enforce, or evaluate the administration of this chapter. |
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(b) For purposes of this section, the commission or its |
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authorized representative: |
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(1) without advance notice and on presentation of |
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appropriate credentials, has the right to enter: |
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(A) an aggregate production operation; or |
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(B) premises on which records required to be |
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maintained are located; and |
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(2) at reasonable times and without delay, may have |
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access to and copy records required under this chapter or rules |
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adopted under this chapter or inspect any monitoring equipment or |
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method of operation required under this chapter or rules adopted |
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under this chapter. |
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SUBCHAPTER C. RECLAMATION PERMIT |
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Sec. 135.0101. RECLAMATION OBJECTIVE. (a) The basic |
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objective of reclamation is to reestablish on a continuing basis, |
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where required, vegetation and other natural conditions consistent |
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with the anticipated subsequent use of the affected land. |
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(b) The process of reclamation may require contouring, |
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terracing, grading, backfilling, resoiling, revegetation, |
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compaction and stabilization and settling ponds, water |
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impoundments, diversion ditches, and other water treatment |
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facilities in order to minimize water diminution to existing water |
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sources, pollution, soil and wind erosion, or flooding resulting |
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from extraction or any other activity that may be considered |
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necessary to accomplish the reclamation of the affected land to a |
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substantially beneficial condition. |
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Sec. 135.0102. RECLAMATION PERMIT REQUIRED. (a) A person |
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may not conduct an aggregate production operation that includes a |
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facility for which a permit is required under Chapter 382, Health |
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and Safety Code, without first obtaining a reclamation permit for |
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that operation from the commission under this chapter. |
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(b) The commission by rule shall establish requirements for |
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obtaining a permit. The requirements must: |
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(1) ensure that the permit holder is capable of |
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completing a reclamation process for the permit area in a manner |
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that is compatible with the objective described by Section |
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135.0101; and |
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(2) be modeled on the reclamation requirements for |
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surface mining of uranium and uranium ore under Chapter 131 and |
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surface coal mining under Chapter 134, including the submission of |
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a reclamation plan and a performance bond. |
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Sec. 135.0103. PERMIT APPLICATION AND ISSUANCE. (a) The |
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commission by rule shall establish requirements for submitting a |
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permit application. |
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(b) Chapter 2001, Government Code, applies to a permit |
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application under this chapter. |
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(c) On the basis of a complete application for a permit, the |
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commission shall approve, require modification of, or deny a permit |
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application. |
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(d) An applicant for a permit has the burden of establishing |
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that the application complies with this chapter and rules adopted |
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under this chapter. |
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Sec. 135.0104. PERMIT REVISIONS. (a) The commission by |
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rule shall require that a permit holder: |
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(1) notify the commission of any significant changes |
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in a condition that the commission evaluated as part of the permit |
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application process that occur after the permit was issued; and |
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(2) apply for a permit revision if the commission |
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determines a revision is appropriate. |
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(b) A permit revision application is subject to the same |
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requirements for issuance as an initial permit. |
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SUBCHAPTER D. ENFORCEMENT |
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Sec. 135.0151. CIVIL OR ADMINISTRATIVE ENFORCEMENT. |
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Subchapter H, Chapter 134, applies to the civil or administrative |
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enforcement of this chapter or a rule, order, or permit adopted or |
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issued under this chapter in the same manner as that subchapter |
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applies to the civil or administrative enforcement of that chapter |
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or a rule, order, or permit adopted or issued under that chapter. |
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Sec. 135.0152. CRIMINAL PENALTY FOR WILFUL AND KNOWING |
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VIOLATION. (a) A person commits an offense if the person wilfully |
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and knowingly violates a condition of a permit issued under this |
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chapter or does not comply with an order issued under this chapter, |
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except an order incorporated in a decision issued by the commission |
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under Section 134.175, as applicable under Section 135.0151. |
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(b) An offense under this section is punishable by: |
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(1) a fine of not more than $10,000; |
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(2) imprisonment for not more than one year; or |
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(3) both the fine and the imprisonment. |
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Sec. 135.0153. CRIMINAL PENALTY FOR FALSE STATEMENT, |
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REPRESENTATION, OR CERTIFICATION. (a) A person commits an offense |
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if the person knowingly makes a false statement, representation, or |
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certification, or knowingly fails to make a statement, |
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representation, or certification, in an application, record, |
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report, or other document filed or required to be maintained under |
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this chapter or under an order of decision issued by the commission |
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under this chapter. |
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(b) An offense under this section is punishable by: |
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(1) a fine of not more than $10,000; |
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(2) imprisonment for not more than one year; or |
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(3) both the fine and the imprisonment. |
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SECTION 6. (a) Notwithstanding Chapter 382, Health and |
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Safety Code, after the effective date of this Act, the Texas |
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Commission on Environmental Quality may not issue a permit under |
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Chapter 382, Health and Safety Code, for a facility that is or is |
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proposed to be part of an aggregate production operation required |
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to be registered under Section 28A.051, Water Code, until the |
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commission completes the assessment and, if applicable, adopts any |
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revisions or programs described by Subsection (b) of this section. |
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(b) Not later than October 1, 2020, the Texas Commission on |
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Environmental Quality shall conduct an assessment of the effects on |
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air quality created by the aggregate production industry in this |
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state to determine whether air quality models used by the |
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commission to evaluate emissions from the production of aggregates, |
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as defined by Section 28A.001, Water Code, are contravening the |
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intent of Chapter 382, Health and Safety Code. The commission |
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shall: |
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(1) revise the air quality models and, if necessary, |
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any relevant permit requirements if the commission determines from |
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the assessment that revisions are necessary to accomplish the |
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intent of Chapter 382, Health and Safety Code; and |
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(2) adopt a standard audit and air sampling program as |
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authorized under Section 382.069(b), Health and Safety Code, as |
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added by this Act, if the commission determines from the assessment |
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that such a program is necessary to accomplish the intent of Chapter |
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382, Health and Safety Code. |
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(c) The Texas Commission on Environmental Quality shall |
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submit to the legislature a report on the results of the assessment |
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required by Subsection (b) of this section. |
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SECTION 7. (a) Section 6(a) of this Act does not prohibit |
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the Texas Commission on Environmental Quality from granting an |
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application for a permit that is filed before the effective date of |
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this Act. |
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(b) Sections 382.0516(c) and 382.069(d), Health and Safety |
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Code, as added by this Act, and Sections 382.056(r) and 382.065, |
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Health and Safety Code, as amended by this Act, apply only to an |
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application for a permit that is filed with the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. An |
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application for a permit filed before the effective date of this Act |
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is governed by the law in effect on the date of filing, and that law |
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is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2019. |