| 1 | 1 | | 81R14254 SMH-D |
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| 2 | 2 | | By: Hilderbran H.B. No. 3833 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the procedure for obtaining an air contaminant |
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| 8 | 8 | | emissions permit from the Texas Commission on Environmental Quality |
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| 9 | 9 | | for a rock crusher. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter C, Chapter 382, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 382.067 to read as follows: |
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| 13 | 13 | | Sec. 382.067. STREAMLINED PROCESS FOR PERMITS FOR CERTAIN |
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| 14 | 14 | | ROCK CRUSHERS. (a) The commission by rule shall implement |
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| 15 | 15 | | reasonably streamlined processes for issuing permits required to |
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| 16 | 16 | | construct a rock crusher that meets the requirements provided by |
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| 17 | 17 | | this section. |
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| 18 | 18 | | (b) The processes adopted under this section must provide |
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| 19 | 19 | | for the commission to take final action on an application for a |
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| 20 | 20 | | permit not later than the 60th day after the date the commission |
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| 21 | 21 | | receives an administratively complete application if: |
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| 22 | 22 | | (1) the commission determines that the applicant's |
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| 23 | 23 | | compliance history is in the highest classification under Sections |
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| 24 | 24 | | 5.753 and 5.754, Water Code, and rules adopted and procedures |
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| 25 | 25 | | developed under those sections; |
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| 26 | 26 | | (2) the applicant agrees to create a buffer zone |
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| 27 | 27 | | around the rock crusher and the quarry associated with the rock |
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| 28 | 28 | | crusher in accordance with commission rules; |
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| 29 | 29 | | (3) the applicant agrees to operate the rock crusher |
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| 30 | 30 | | and the quarry associated with the rock crusher in accordance with |
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| 31 | 31 | | best practices as determined by commission rule; and |
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| 32 | 32 | | (4) following the closure of the quarry associated |
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| 33 | 33 | | with the rock crusher, the applicant agrees to reclaim the quarry in |
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| 34 | 34 | | accordance with commission rules. |
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| 35 | 35 | | (c) When acting under a rule adopted under this section, the |
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| 36 | 36 | | commission shall use public meetings, informal conferences, or |
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| 37 | 37 | | advisory committees to gather the opinions and advice of interested |
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| 38 | 38 | | persons. |
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| 39 | 39 | | (d) The permit processes authorized by this section are not |
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| 40 | 40 | | subject to the requirements relating to a contested case hearing |
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| 41 | 41 | | under this chapter, Chapter 5, Water Code, or Subchapters C-G, |
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| 42 | 42 | | Chapter 2001, Government Code. |
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| 43 | 43 | | SECTION 2. Not later than January 1, 2010, the Texas |
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| 44 | 44 | | Commission on Environmental Quality shall adopt rules under Section |
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| 45 | 45 | | 382.067, Health and Safety Code, as added by this Act. |
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| 46 | 46 | | SECTION 3. This Act takes effect immediately if it receives |
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| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 50 | 50 | | Act takes effect September 1, 2009. |
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