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A BILL TO BE ENTITLED
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AN ACT
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relating to concrete batching and concrete crushing facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.05195, Health and Safety Code, is |
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amended by adding Subsection (k) to read as follows: |
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(k) An application for the issuance of a standard permit |
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under this section for a concrete plant that performs wet batching, |
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dry batching, or central mixing, including a permanent, temporary, |
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or specialty concrete batch plant, as defined by the commission, |
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must include a plot plan that clearly shows: |
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(1) a distance scale; |
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(2) a north arrow; |
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(3) all property lines, emission points, buildings, |
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tanks, and process vessels and other process equipment in the area |
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in which the facility will be located; |
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(4) at least two benchmark locations in the area in |
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which the facility will be located; and |
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(5) if the permit requires a distance, setback, or |
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buffer from other property or structures as a condition of the |
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permit, whether the required distance or setback will be met. |
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SECTION 2. Section 382.05198, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (c), (d), |
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and (e) to read as follows: |
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(a) The commission shall issue a standard permit for a |
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permanent concrete plant that performs wet batching, dry batching, |
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or central mixing and that meets the following requirements: |
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(1) production records must be maintained on site |
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while the plant is in operation until the second anniversary of the |
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end of the period to which they relate; |
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(2) each cement or fly ash storage silo and weigh |
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hopper must be equipped with a fabric or cartridge filter or vented |
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to a fabric or cartridge filter system; |
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(3) each fabric or cartridge filter, fabric or |
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cartridge filter system, and suction shroud must be maintained and |
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operated properly with no tears or leaks; |
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(4) excluding the suction shroud filter system, each |
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filter system must be designed to meet a standard of at least 0.01 |
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outlet grain loading as measured in grains per dry standard cubic |
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foot; |
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(5) each filter system and each mixer loading and |
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batch truck loading emissions control device must meet a |
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performance standard of no visible emissions exceeding 30 seconds |
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in a five-minute period as determined using United States |
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Environmental Protection Agency Test Method 22 as that method |
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existed on September 1, 2003; |
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(6) [if a cement or fly ash silo is filled during
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nondaylight hours, the silo filter system exhaust must be
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sufficiently illuminated to enable a determination of compliance
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with the performance standard described by Subdivision (5);
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[(7)] the conveying system for the transfer of cement |
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or fly ash to and from each storage silo must be totally enclosed, |
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operate properly, and be maintained without any tears or leaks; |
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(7) [(8)] except during cement or fly ash tanker |
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connection or disconnection, each conveying system for the transfer |
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of cement or fly ash must meet the performance standard described by |
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Subdivision (5); |
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(8) [(9)] a warning device must be installed on each |
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bulk storage silo to alert the operator in sufficient time for the |
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operator to stop loading operations before the silo is filled to a |
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level that may adversely affect the pollution abatement equipment; |
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(9) [(10)] if filling a silo results in failure of the |
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pollution abatement system or failure to meet the performance |
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standard described by Subdivision (5), the failure must be |
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documented and reported to the commission; |
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(10) [(11)] each road, parking lot, or other area at |
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the plant site that is used by vehicles must be paved with a |
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cohesive hard surface that is properly maintained, cleaned, and |
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watered so as to minimize dust emissions; |
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(11) [(12)] each stockpile must be sprinkled with |
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water or dust-suppressant chemicals or covered so as to minimize |
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dust emissions; |
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(12) [(13)] material used in the batch that is spilled |
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must be immediately cleaned up and contained or dampened so as to |
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minimize dust emissions; |
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(13) [(14)] production of concrete at the plant must |
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not exceed 300 cubic yards per hour; |
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(14) [(15)] a suction shroud or other pickup device |
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must be installed at the batch drop point or, in the case of a |
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central mix plant, at the drum feed and vented to a fabric or |
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cartridge filter system with a minimum capacity of 5,000 cubic feet |
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per minute of air; |
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(15) [(16)] the bag filter and capture system must be |
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properly designed to accommodate the increased flow from the |
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suction shroud and achieve a control efficiency of at least 99.5 |
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percent; |
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(16) [(17)] the suction shroud baghouse exhaust must |
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be located more than 100 feet from any property line; |
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(17) [(18)] stationary equipment, stockpiles, and |
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vehicles used at the plant, except for incidental traffic and |
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vehicles as they enter and exit the site, must be located or |
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operated more than 100 feet from any property line; and |
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(18) [(19)] if the plant is located in an area that is |
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not subject to municipal zoning regulation, the central baghouse |
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must be located at least 440 yards from the following types of |
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buildings or facilities: |
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(A) a [any] building used as a single or |
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multifamily residence, school, or place of worship; |
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(B) an area designated as a public park by action |
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of a governmental entity; or |
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(C) after notice is given to the operator of the |
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plant, an outdoor recreational facility used for organized sporting |
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events during the time the recreational facility is used for those |
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events [at the time the application to use the permit is filed with
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the commission if the plant is located in an area that is not
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subject to municipal zoning regulation]. |
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(c) Rules adopted under this section must provide for the |
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manner and time of giving notice to an operator of a plant under |
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Subsection (a)(18)(C). |
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(d) The measurement of distance for purposes of this section |
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is the shortest distance between the plant and a building, public |
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park, or outdoor recreational facility described by Subsection |
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(a)(18). |
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(e) An application for the issuance of a standard permit |
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under this section must include a plot plan that meets the |
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requirements of Section 382.05195(k). |
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SECTION 3. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.051991 to read as follows: |
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Sec. 382.051991. ADDITIONAL HEARING REQUIRED FOR CERTAIN |
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CONCRETE PLANTS. (a) This section applies to an applicant for a |
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permit issued under Section 382.05195 or 382.05198 for a concrete |
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plant that performs wet batching, dry batching, or central mixing, |
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including a permanent, temporary, or specialty concrete batch |
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plant. |
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(b) In addition to any other hearing required under this |
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chapter, an applicant for a permit must hold in the county in which |
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the facility is located or proposed to be located a public hearing |
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for the purpose of determining the effect the facility will have on |
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the health of persons living in the area near the facility. |
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(c) A permit applicant or the applicant's designated |
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representative must attend the public hearing required under |
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Subsection (b), and the commission shall make available at the |
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hearing a public health expert able to respond to questions |
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relevant to the hearing. |
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(d) Not later than the 30th day after the date the |
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commission determines an application to be administratively |
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complete, the applicant shall publish the notice of the hearing |
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required by this section at least once in a newspaper of general |
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circulation in the county in which the facility is located or is |
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proposed to be located. The notice must specify the time, location, |
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and subject matter of the hearing. |
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SECTION 4. Section 382.065, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsections |
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(a-1) and (a-2) 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 440 yards of the following types |
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of buildings or facilities: |
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(1) a building in use as a single or multifamily |
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residence, school, or place of worship; |
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(2) an area designated as a public park by action of a |
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governmental entity; or |
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(3) after notice is given to the operator of the |
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concrete crushing facility, an outdoor recreational facility used |
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for organized sporting events during the time the recreational |
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facility is used for those events [at the time the application for a
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permit to operate the facility at a site near the residence, school,
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or place of worship is filed with the commission]. |
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(a-1) Rules adopted under this section must provide for the |
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manner and time of giving notice to an operator of a concrete |
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crushing facility under Subsection (a)(3). |
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(a-2) The measurement of distance for purposes of this |
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section is the shortest distance between [subsection shall be taken
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from the point on] the concrete crushing facility and a building, |
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public park, or outdoor recreational facility described by |
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Subsection (a) [that is nearest to the residence, school, or place
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of worship toward the point on the residence, school, or place of
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worship that is nearest the concrete crushing facility]. |
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(b) A rule adopted under this section [Subsection (a)] does |
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not apply to a concrete crushing 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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building, public park, or outdoor recreational facility described |
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by Subsection (a) [single or multifamily residence, school, or
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place of worship] is subsequently built or put to use within 440 |
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yards of the 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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SECTION 5. Sections 382.05195 and 382.05198, Health and |
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Safety Code, as amended by this Act, and Section 382.051991, Health |
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and Safety Code, as added by this Act, apply only to an application |
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for a standard permit described by Section 382.05195 or 382.05198, |
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Health and Safety Code, that is filed with the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. |
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An application for a standard permit filed before the effective |
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date of this Act is governed by the law in effect on the date of |
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filing, and that law is continued in effect for that purpose. |
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SECTION 6. Section 382.065, Health and Safety Code, as |
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amended by this Act, applies only to an application for a permit to |
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operate a concrete crushing facility that is filed on or after the |
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effective date of this Act. An application for a permit filed |
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before the effective date of this Act is governed by the law in |
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effect on the date of filing, and that law is continued in effect |
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for that purpose. |
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SECTION 7. This Act takes effect September 1, 2019. |