Texas 2009 - 81st Regular

Texas House Bill HB4280 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Frost H.B. No. 4280
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the regulation of certain aggregate production
7	7	operations by the Texas Commission on Environmental Quality;
8	8	providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 4, Natural Resources Code, is amended by
11	11	adding Chapter 135 to read as follows:
12	12	CHAPTER 135. REGISTRATION AND INSPECTION OF CERTAIN AGGREGATE
13	13	PRODUCTION OPERATIONS
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 135.001. DEFINITIONS. In this chapter:
16	16	(1) "Aggregates" means any commonly recognized
17	17	construction material originating from an aggregate production
18	18	operation from which an operator extracts dimension stone, crushed
19	19	and broken limestone, crushed and broken granite, crushed and
20	20	broken stone not elsewhere classified, construction sand and
21	21	gravel, industrial sand, dirt, soil, or caliche. For purposes of
22	22	this section, the term "aggregates" does not include shale utilized
23	23	in the production of bricks, or clay.
24	24	(2) "Aggregate production operation" means the site
25	25	from which aggregates are being or have been removed or extracted
26	26	from the earth, including the entire areas of extraction, stripped
27	27	areas, haulage ramps, and the land on which the plant processing the
28	28	raw materials is located, exclusive of any land owned or leased by
29	29	the responsible party not being currently used in the production of
30	30	aggregates. For the purposes of this chapter, the term "aggregate
31	31	production operation" does not include:
32	32	(A) a site at which the materials that are being
33	33	removed or extracted from the earth are used or processed at the
34	34	same site or at a related site under the control of the same
35	35	responsible party for the production of cement or lightweight
36	36	aggregates, or in a lime kiln;
37	37	(B) a temporary site that is being used solely to
38	38	provide aggregate products for use in a public works project
39	39	involving the Texas Department of Transportation or a local
40	40	governmental entity; or
41	41	(C) an extraction area from which all raw
42	42	material is extracted for use as fill or for other construction uses
43	43	at the same or a contiguous site.
44	44	(3) "Commission" means the Texas Commission on
45	45	Environmental Quality.
46	46	(4) "Operator" means any person engaged in and
47	47	responsible for the physical operation and control of the
48	48	extraction of aggregates.
49	49	(5) "Owner" means any person having title, wholly or
50	50	partly, to the land on which an aggregate production operation
51	51	exists or has existed.
52	52	(6) "Responsible party" means the operator, lessor, or
53	53	owner who is responsible for the overall function and operation of
54	54	an aggregate production operation.
55	55	[Sections 135.002-135.050 reserved for expansion]
56	56	SUBCHAPTER B. REGISTRATION AND INSPECTION
57	57	Sec. 135.051. REGISTRATION. (a) The responsible party for
58	58	an aggregate production operation shall register the operation with
59	59	the commission not later than the 10th business day before the
60	60	beginning date of extraction activities and shall renew the
61	61	registration annually as extraction activities continue.
62	62	(b) After extraction activities at an aggregate production
63	63	operation have ceased and the operator has notified the commission
64	64	in writing that the operations have ceased, the requirements of
65	65	this chapter are not applicable to the aggregate production
66	66	operation.
67	67	Sec. 135.052. SURVEY. (a) The commission annually shall
68	68	conduct a physical survey of the state to:
69	69	(1) identify all aggregate production operations in
70	70	this state; and
71	71	(2) ensure that each aggregate production operation in
72	72	this state is registered with the commission.
73	73	(b) The commission may contract with or seek assistance from
74	74	a governmental entity or other person to conduct the annual survey
75	75	required by Subsection (a) to identify aggregate production
76	76	operations that are not registered under this chapter.
77	77	Sec. 135.053. INSPECTION. (a) The commission shall
78	78	inspect each aggregate production operation in this state for
79	79	compliance with applicable environmental laws and rules under the
80	80	jurisdiction of the commission at least once every three years.
81	81	(b) Notwithstanding other notice requirements required by
82	82	statute or commission rule, the commission may conduct an
83	83	inspection only after providing notice to the responsible party at
84	84	least five business days before the inspection.
85	85	(c) Except as provided by Subsection (d), an inspection must
86	86	be conducted by one or more inspectors trained in the regulatory
87	87	requirements under the jurisdiction of the commission that are
88	88	applicable to an aggregate production operation. If the inspection
89	89	is conducted by more than one inspector, each inspector is not
90	90	required to be trained in each of the applicable regulatory
91	91	requirements, but the combined training of the inspectors must
92	92	include each of the applicable regulatory requirements. The
93	93	applicable regulatory requirements include requirements related
94	94	to:
95	95	(1) individual water quality permits issued under
96	96	Section 26.027, Water Code;
97	97	(2) a general water quality permit issued under
98	98	Section 26.040, Water Code;
99	99	(3) air quality permits issued under Section 382.051,
100	100	Health and Safety Code; and
101	101	(4) other regulatory requirements applicable to
102	102	aggregate production operations under the jurisdiction of the
103	103	commission.
104	104	(d) An investigation in response to a complaint satisfies
105	105	the requirement of an inspection under this section if a potential
106	106	noncompliance issue not related to the complaint is observed and
107	107	is:
108	108	(1) not within an area of expertise of the
109	109	investigator but is referred by the investigator to the agency for
110	110	further investigation; or
111	111	(2) within an area of expertise of the inspector and is
112	112	appropriately investigated and appropriately addressed in the
113	113	investigation report.
114	114	Sec. 135.054. REPORT. The commission shall provide a
115	115	specific section in the annual enforcement report under Section
116	116	5.126, Water Code, with information regarding the implementation of
117	117	this chapter, including:
118	118	(1) the results of the survey to locate unregistered
119	119	aggregate production operations under Section 135.052;
120	120	(2) the number and general location of the registered
121	121	aggregate production operations;
122	122	(3) the number of inspectors trained in multiple areas
123	123	related to the inspection of aggregate production operations;
124	124	(4) the number of inspections conducted; and
125	125	(5) the results of the inspections.
126	126	[Sections 135.055-135.100 reserved for expansion]
127	127	SUBCHAPTER C. FEES AND ENFORCEMENT
128	128	Sec. 135.101. FEES. (a) A person who, under laws in the
129	129	commission's jurisdiction and rules adopted under those laws, is
130	130	authorized to operate an aggregate production operation annually
131	131	shall pay an aggregate production operation registration fee to the
132	132	commission in an amount established by commission rule.
133	133	(b) The commission shall set the annual registration fee in
134	134	an amount sufficient to maintain a registry of aggregate production
135	135	operations in this state and implement this chapter, not to exceed
136	136	$1,000.
137	137	(c) Registration fees collected under this section shall be
138	138	deposited in the state treasury and may be used only to implement
139	139	this chapter.
140	140	Sec. 135.102. PENALTY. The commission may assess a penalty
141	141	of not less than $5,000 and not more than $10,000 for each year in
142	142	which an aggregate production operation operates without being
143	143	registered under this chapter. The total penalty under this section
144	144	may not exceed $25,000 for an aggregate production operation that
145	145	is operated in three or more years without being registered.
146	146	SECTION 2. (a) A responsible party operating an aggregate
147	147	production operation, as those terms are defined by Section
148	148	135.001, Natural Resources Code, as added by this Act, is first
149	149	required to register with the Texas Commission on Environmental
150	150	Quality under Section 135.051, Natural Resources Code, as added by
151	151	this Act, on September 1, 2010.
152	152	(b) If, in conjunction with initially registering with the
153	153	commission as required by Subsection (a) of this section, a
154	154	responsible party operating an aggregate production operation also
155	155	submits a notice of intent to conduct an audit for compliance with
156	156	all applicable laws, rules, and regulations under the jurisdiction
157	157	of the Texas Commission on Environmental Quality under Article
158	158	4447cc, Revised Statutes, the three-year period to conduct an
159	159	inspection of the operation under Section 135.053, Natural
160	160	Resources Code, as added by this Act, begins September 1, 2013.
161	161	SECTION 3. This Act takes effect September 1, 2009.