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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of aggregate production operations by |
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the Texas Commission on Environmental Quality; increasing a fee; |
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increasing administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28A.053, Water Code, is amended to read |
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as follows: |
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Sec. 28A.053. INSPECTION. (a) The commission shall |
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inspect each active aggregate production operation in this state |
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for compliance with applicable environmental laws and rules under |
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the jurisdiction of the commission: |
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(1) at least once every two [three] years during the |
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first six years in which the operation is registered; and |
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(2) after the expiration of the period described by |
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Subdivision (1), at least once every three years. |
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(b) Except as provided by Subsection (c), the [The] |
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commission may conduct an inspection only after providing notice to |
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the responsible party in accordance with commission policy. |
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(c) The commission may conduct unannounced periodic |
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inspections under this section of an aggregate production operation |
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that in the preceding three-year period has been issued a notice of |
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violation by the commission for a violation of an environmental law |
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or rule under the jurisdiction of the commission. The unannounced |
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inspections may be conducted only for a period of not more than one |
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year. |
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(d) An [Except as provided by Subsection (d), an] inspection |
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must be conducted by one or more inspectors trained in the |
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regulatory requirements [under the jurisdiction of the commission
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that are] applicable to [an] active aggregate production operations |
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under the jurisdiction of the commission [operation]. If the |
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inspection is conducted by more than one inspector, each inspector |
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is not 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; |
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(2) a general water quality permit issued under |
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Section 26.040; |
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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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active aggregate production operations under the jurisdiction of |
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the commission. |
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(e) [(d)] An investigation in response to a complaint |
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satisfies the requirement of an inspection under this section if a |
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potential noncompliance issue not related to the complaint is |
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observed and 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 commission |
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for 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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SECTION 2. Section 28A.101(b), Water Code, is amended to |
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read as follows: |
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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 active aggregate |
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production operations in this state and implement this chapter, not |
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to exceed $1,500 [$1,000]. |
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SECTION 3. Section 28A.102, Water Code, is amended to read |
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as follows: |
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Sec. 28A.102. PENALTY. The commission may assess a penalty |
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of not less than $5,000 and not more than $20,000 [$10,000] for each |
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year in which an aggregate production operation operates without |
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being registered under this chapter. The total penalty under this |
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section may not exceed $40,000 [$25,000] for an aggregate |
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production operation that is operated in three or more years |
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without being registered. |
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SECTION 4. Section 28A.102, Water Code, as amended by this |
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Act, applies only to a penalty assessed on or after the effective |
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date of this Act. A penalty assessed before the effective date of |
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this Act is governed by the law in effect on the date the penalty was |
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assessed, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |
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* * * * * |