Texas 2009 - 81st Regular

Texas Senate Bill SB800 Compare Versions

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

Old	New	Differences
1	1	81R2345 JJT-F
2	2	By: Williams S.B. No. 800
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a Texas Commission on Environmental Quality water
8	8	quality protection area pilot program applicable to portions of the
9	9	San Jacinto River; providing penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 26, Water Code, is amended by adding
12	12	Subchapter N to read as follows:
13	13	SUBCHAPTER N. SAN JACINTO RIVER WATER QUALITY PROTECTION AREA
14	14	Sec. 26.601. DEFINITIONS. In this subchapter:
15	15	(1) "Operator" means any person engaged in or
16	16	responsible for the physical operation and control of a quarry.
17	17	(2) "Owner" means any person holding title, wholly or
18	18	partly, to the land on which a quarry exists or has existed.
19	19	(3) "Pit" means an open excavation from which sand or
20	20	gravel has been or is being extracted from a depth of five feet or
21	21	more below the adjacent and natural ground level.
22	22	(4) "Quarry" means the site from which sand or gravel
23	23	for commercial sale or use is being or has been removed or extracted
24	24	from the earth to form a pit, including the entire excavation,
25	25	stripped areas, haulage ramps, and the immediately adjacent land on
26	26	which a plant processing the sand or gravel is located.
27	27	(5) "Responsible party" means the owner, operator,
28	28	lessor, or lessee who is responsible for the overall function and
29	29	operation of a quarry.
30	30	(6) "San Jacinto water quality protection area" means
31	31	territory located one-half mile or less from:
32	32	(A) that portion of the East Fork of the San
33	33	Jacinto River from State Highway 105 downstream to Lake Houston;
34	34	(B) that portion of the West Fork of the San
35	35	Jacinto River from Interstate Highway 45 downstream to Lake
36	36	Houston; and
37	37	(C) Spring Creek from Interstate Highway 45
38	38	downstream to its confluence with the West Fork of the San Jacinto
39	39	River.
40	40	(7) "Water quality protection area" means territory
41	41	located one-half mile or less from a river the water quality of
42	42	which is threatened by activities at a quarry.
43	43	Sec. 26.602. APPLICABILITY; PILOT PROGRAM. (a) This
44	44	subchapter applies only to sand and gravel quarries located in a
45	45	water quality protection area designated by commission rule.
46	46	(b) This subchapter does not apply to:
47	47	(1) permitting, construction, or operation of a
48	48	municipal solid waste landfill or other solid waste facility
49	49	regardless of whether the facility includes an excavation that is
50	50	associated with past quarrying activities; or
51	51	(2) an excavation, pit, or quarry associated with or
52	52	related to the operations of a municipal solid waste landfill or
53	53	other solid waste facility, regardless of the material extracted
54	54	from or the depth of the excavation, pit, or quarry.
55	55	(c) This subchapter does not apply to an activity, facility,
56	56	or operation regulated under Chapter 134, Natural Resources Code.
57	57	(d) For the period of September 1, 2009, to September 1,
58	58	2029, the commission shall apply this subchapter only as a pilot
59	59	program in the San Jacinto water quality protection area.
60	60	Sec. 26.603. REGULATION OF QUARRIES WITHIN WATER QUALITY
61	61	PROTECTION AREA. (a) The commission by rule shall require a
62	62	responsible party to obtain an authorization to use a general
63	63	permit under Section 26.040 for any discharges from a quarry any
64	64	part of which is located in a water quality protection area
65	65	designated under this subchapter.
66	66	(b) Except as provided by Subsection (c), the commission by
67	67	rule shall prohibit the construction or operation of a new quarry
68	68	and the expansion of an existing quarry if the new or existing
69	69	quarry is to be or is located 100 feet or less from a stream that is
70	70	in a water quality protection area designated under this
71	71	subchapter.
72	72	(c) A quarry that is covered by a permit issued by the United
73	73	States Army Corps of Engineers under Section 404 of the federal
74	74	Clean Water Act (33 U.S.C. Section 1344) may operate within 100 feet
75	75	of a stream if that permit authorizes the operation, regardless of
76	76	whether the quarry is located in a water quality protection area
77	77	designated under this subchapter.
78	78	(d) The commission by rule shall establish performance
79	79	criteria and requirements for the general permit required under
80	80	Subsection (a) to address:
81	81	(1) slope gradients that minimize the potential for
82	82	erosion of quarry walls and banks into the surface waters and
83	83	related water quality considerations;
84	84	(2) potential effects on areas subject to frequent
85	85	flooding and related risks to public safety and property;
86	86	(3) the control of surface water drainage and water
87	87	accumulation to prevent:
88	88	(A) erosion, siltation, or runoff; and
89	89	(B) damage to public or private property; and
90	90	(4) closure of a quarry, after quarry activities have
91	91	ended, consistent with best management standards and practices
92	92	adopted by the commission for quarry stabilization and reuse, which
93	93	may include soil stabilization and compacting, grading, erosion
94	94	control measures, removal of waste, debris, and structures, and
95	95	revegetation.
96	96	(e) The commission by rule shall establish requirements for
97	97	financial responsibility that are adequate to protect the water
98	98	resources in the water quality protection area and include those
99	99	requirements in the general permit required under Subsection (a).
100	100	(f) In addition to any other requirements established by
101	101	commission rule under Subsections (d) and (e), the responsible
102	102	party for a quarry located in a water quality protection area who is
103	103	required to obtain an authorization to use a general permit shall
104	104	include with an application filed with the commission for the
105	105	authorization:
106	106	(1) a proposed plan of action for how the responsible
107	107	party will restore a receiving water body to background conditions
108	108	in the event of an unauthorized discharge that affects the water
109	109	body; and
110	110	(2) a proposed plan of action for how the responsible
111	111	party will close the quarry, consistent with commission standards,
112	112	that includes:
113	113	(A) a description of the natural state of the
114	114	land surrounding the quarry to which state the quarry will be
115	115	restored, or the specific land use proposed for the quarry site; and
116	116	(B) a schedule within which the effort to close
117	117	the quarry may reasonably be required to be completed after quarry
118	118	activities have ended.
119	119	Sec. 26.604. FINANCIAL RESPONSIBILITY; VIOLATION.
120	120	(a) The commission by rule shall adopt requirements for
121	121	maintaining acceptable evidence of financial responsibility for:
122	122	(1) restoration of a water body affected by an
123	123	unauthorized discharge from a permitted quarry;
124	124	(2) taking corrective action for and compensating for
125	125	water quality effects caused by an unauthorized discharge resulting
126	126	from quarrying; and
127	127	(3) implementing an approved quarry closure and reuse
128	128	plan if the responsible party is unwilling or unable to meet the
129	129	requirements of the plan.
130	130	(b) A responsible party may not operate a permitted quarry
131	131	knowing that acceptable evidence of financial responsibility has
132	132	not been maintained.
133	133	Sec. 26.605. INSPECTIONS OF AND SAMPLING OF WATER IN PILOT
134	134	AREA. (a) To detect potential violations of this subchapter in
135	135	the San Jacinto water quality protection area, the commission, the
136	136	San Jacinto River Authority, and the Parks and Wildlife Department
137	137	shall coordinate efforts to conduct:
138	138	(1) visual inspections of the water quality protection
139	139	area; and
140	140	(2) analyses of surface water samples from the San
141	141	Jacinto River and its tributaries subject to this subchapter.
142	142	(b) The visual inspections and analyses of water samples
143	143	must be conducted at least twice annually. At least once each year,
144	144	an inspection of the San Jacinto water quality protection area must
145	145	be conducted from an aircraft flying over the area.
146	146	Sec. 26.606. UNAUTHORIZED DISCHARGES OF CERTAIN WASTES
147	147	WITHIN WATER QUALITY PROTECTION AREA; ENFORCEMENT. (a) The
148	148	commission shall enforce this subchapter and impose administrative
149	149	and civil penalties as authorized by this code for discharges from a
150	150	quarry in violation of this subchapter or of any commission rule.
151	151	(b) In addition to the administrative penalties and other
152	152	available remedies or causes of action, the commission may seek
153	153	injunctive relief in the district courts of Travis County to
154	154	require:
155	155	(1) the temporary or permanent closure of a quarry
156	156	operated without authorization required under this subchapter;
157	157	(2) the temporary or permanent closure of a permitted
158	158	quarry under this subchapter for which acceptable evidence of
159	159	financial responsibility is not maintained;
160	160	(3) the temporary or permanent closure of any quarry
161	161	responsible for an unauthorized discharge; or
162	162	(4) corrective action by the responsible party for a
163	163	quarry that is responsible for an unauthorized discharge.
164	164	Sec. 26.607. EMERGENCY ORDERS. The commission may issue a
165	165	temporary or emergency order under Section 5.509 relating to a
166	166	discharge of waste or pollutants from a quarry into or adjacent to
167	167	water in a water quality protection area designated under this
168	168	subchapter.
169	169	Sec. 26.608. RECOVERY OF COSTS FOR UNAUTHORIZED DISCHARGES
170	170	WITHIN WATER QUALITY PROTECTION AREA. If the commission has
171	171	incurred any costs in undertaking a corrective or enforcement
172	172	action with respect to an unauthorized discharge from a quarry
173	173	under this subchapter, including a reclamation or restoration
174	174	action, the responsible party is liable to this state for all
175	175	reasonable costs of the corrective or enforcement action, including
176	176	court costs and reasonable attorney's fees, and for any punitive
177	177	damages that may be assessed by the court.
178	178	Sec. 26.609. COOPERATION WITH OTHER STATE AGENCIES.
179	179	(a) The commission is the principal authority in this state on
180	180	matters relating to the implementation of this subchapter. All
181	181	other state agencies engaged in water quality or water pollution
182	182	control activities in a water quality protection area designated
183	183	under this subchapter shall coordinate those activities with the
184	184	commission.
185	185	(b) The executive director, with the consent of the
186	186	commission, may enter into contracts, memoranda of understanding,
187	187	or other agreements with other state agencies for purposes of
188	188	developing requirements, including requirements for financial
189	189	responsibility, for inclusion in any general permit required by
190	190	this subchapter that are adequate to protect the water resources in
191	191	the water quality protection area.
192	192	Sec. 26.610. WATER QUALITY PROTECTION AREA REPORTS.
193	193	(a) On or before December 1, 2010, the commission shall prepare a
194	194	report describing its implementation of this subchapter and provide
195	195	copies of the report to the governor, lieutenant governor, and
196	196	speaker of the house of representatives.
197	197	(b) Beginning December 1, 2012, and on December 1 of each
198	198	succeeding even-numbered year, the commission shall deliver a
199	199	report to the governor, lieutenant governor, and speaker of the
200	200	house of representatives evaluating the implementation and
201	201	operation of the water quality protection permitting and
202	202	enforcement programs developed under this subchapter.
203	203	(c) At the discretion of the commission, the report under
204	204	Subsection (b) may be consolidated with any other appropriate
205	205	agency biennial report, including the report required under
206	206	Subchapter M, except that information specific to any water quality
207	207	protection area designated under this subchapter must be clearly
208	208	identified.
209	209	Sec. 26.611. EXPIRATION. This subchapter expires September
210	210	1, 2029.
211	211	SECTION 2. (a) The Texas Commission on Environmental
212	212	Quality shall adopt rules to implement Subchapter N, Chapter 26,
213	213	Water Code, as added by this Act, as soon as practicable.
214	214	(b) A responsible party required to obtain an authorization
215	215	to use a general permit described by Subchapter N, Chapter 26, Water
216	216	Code, as added by this Act, shall submit an application for the
217	217	authorization on or before the 180th day after the date rules of the
218	218	Texas Commission on Environmental Quality adopted under that
219	219	subchapter take effect.
220	220	SECTION 3. This Act takes effect immediately if it receives
221	221	a vote of two-thirds of all the members elected to each house, as
222	222	provided by Section 39, Article III, Texas Constitution. If this
223	223	Act does not receive the vote necessary for immediate effect, this
224	224	Act takes effect September 1, 2009.