By: Frost H.B. No. 4280
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain aggregate production
operations by the Texas Commission on Environmental Quality;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Natural Resources Code, is amended by
adding Chapter 135 to read as follows:
CHAPTER 135. REGISTRATION AND INSPECTION OF CERTAIN AGGREGATE
PRODUCTION OPERATIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 135.001. DEFINITIONS. In this chapter:
(1) "Aggregates" means any commonly recognized
construction material originating from an aggregate production
operation from which an operator extracts dimension stone, crushed
and broken limestone, crushed and broken granite, crushed and
broken stone not elsewhere classified, construction sand and
gravel, industrial sand, dirt, soil, or caliche. For purposes of
this section, the term "aggregates" does not include shale utilized
in the production of bricks, or clay.
(2) "Aggregate production operation" means the site
from which aggregates are being or have been removed or extracted
from the earth, including the entire areas of extraction, stripped
areas, haulage ramps, and the land on which the plant processing the
raw materials is located, exclusive of any land owned or leased by
the responsible party not being currently used in the production of
aggregates. For the purposes of this chapter, the term "aggregate
production operation" does not include:
(A) a site at which the materials that are being
removed or extracted from the earth are used or processed at the
same site or at a related site under the control of the same
responsible party for the production of cement or lightweight
aggregates, or in a lime kiln;
(B) a temporary site that is being used solely to
provide aggregate products for use in a public works project
involving the Texas Department of Transportation or a local
governmental entity; or
(C) an extraction area from which all raw
material is extracted for use as fill or for other construction uses
at the same or a contiguous site.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "Operator" means any person engaged in and
responsible for the physical operation and control of the
extraction of aggregates.
(5) "Owner" means any person having title, wholly or
partly, to the land on which an aggregate production operation
exists or has existed.
(6) "Responsible party" means the operator, lessor, or
owner who is responsible for the overall function and operation of
an aggregate production operation.
[Sections 135.002-135.050 reserved for expansion]
SUBCHAPTER B. REGISTRATION AND INSPECTION
Sec. 135.051. REGISTRATION. (a) The responsible party for
an aggregate production operation shall register the operation with
the commission not later than the 10th business day before the
beginning date of extraction activities and shall renew the
registration annually as extraction activities continue.
(b) After extraction activities at an aggregate production
operation have ceased and the operator has notified the commission
in writing that the operations have ceased, the requirements of
this chapter are not applicable to the aggregate production
operation.
Sec. 135.052. SURVEY. (a) The commission annually shall
conduct a physical survey of the state to:
(1) identify all aggregate production operations in
this state; and
(2) ensure that each aggregate production operation in
this state is registered with the commission.
(b) The commission may contract with or seek assistance from
a governmental entity or other person to conduct the annual survey
required by Subsection (a) to identify aggregate production
operations that are not registered under this chapter.
Sec. 135.053. INSPECTION. (a) The commission shall
inspect each aggregate production operation in this state for
compliance with applicable environmental laws and rules under the
jurisdiction of the commission at least once every three years.
(b) Notwithstanding other notice requirements required by
statute or commission rule, the commission may conduct an
inspection only after providing notice to the responsible party at
least five business days before the inspection.
(c) Except as provided by Subsection (d), an inspection must
be conducted by one or more inspectors trained in the regulatory
requirements under the jurisdiction of the commission that are
applicable to an aggregate production operation. If the inspection
is conducted by more than one inspector, each inspector is not
required to be trained in each of the applicable regulatory
requirements, but the combined training of the inspectors must
include each of the applicable regulatory requirements. The
applicable regulatory requirements include requirements related
to:
(1) individual water quality permits issued under
Section 26.027, Water Code;
(2) a general water quality permit issued under
Section 26.040, Water Code;
(3) air quality permits issued under Section 382.051,
Health and Safety Code; and
(4) other regulatory requirements applicable to
aggregate production operations under the jurisdiction of the
commission.
(d) An investigation in response to a complaint satisfies
the requirement of an inspection under this section if a potential
noncompliance issue not related to the complaint is observed and
is:
(1) not within an area of expertise of the
investigator but is referred by the investigator to the agency for
further investigation; or
(2) within an area of expertise of the inspector and is
appropriately investigated and appropriately addressed in the
investigation report.
Sec. 135.054. REPORT. The commission shall provide a
specific section in the annual enforcement report under Section
5.126, Water Code, with information regarding the implementation of
this chapter, including:
(1) the results of the survey to locate unregistered
aggregate production operations under Section 135.052;
(2) the number and general location of the registered
aggregate production operations;
(3) the number of inspectors trained in multiple areas
related to the inspection of aggregate production operations;
(4) the number of inspections conducted; and
(5) the results of the inspections.
[Sections 135.055-135.100 reserved for expansion]
SUBCHAPTER C. FEES AND ENFORCEMENT
Sec. 135.101. FEES. (a) A person who, under laws in the
commission's jurisdiction and rules adopted under those laws, is
authorized to operate an aggregate production operation annually
shall pay an aggregate production operation registration fee to the
commission in an amount established by commission rule.
(b) The commission shall set the annual registration fee in
an amount sufficient to maintain a registry of aggregate production
operations in this state and implement this chapter, not to exceed
$1,000.
(c) Registration fees collected under this section shall be
deposited in the state treasury and may be used only to implement
this chapter.
Sec. 135.102. PENALTY. The commission may assess a penalty
of not less than $5,000 and not more than $10,000 for each year in
which an aggregate production operation operates without being
registered under this chapter. The total penalty under this section
may not exceed $25,000 for an aggregate production operation that
is operated in three or more years without being registered.
SECTION 2. (a) A responsible party operating an aggregate
production operation, as those terms are defined by Section
135.001, Natural Resources Code, as added by this Act, is first
required to register with the Texas Commission on Environmental
Quality under Section 135.051, Natural Resources Code, as added by
this Act, on September 1, 2010.
(b) If, in conjunction with initially registering with the
commission as required by Subsection (a) of this section, a
responsible party operating an aggregate production operation also
submits a notice of intent to conduct an audit for compliance with
all applicable laws, rules, and regulations under the jurisdiction
of the Texas Commission on Environmental Quality under Article
4447cc, Revised Statutes, the three-year period to conduct an
inspection of the operation under Section 135.053, Natural
Resources Code, as added by this Act, begins September 1, 2013.
SECTION 3. This Act takes effect September 1, 2009.