Texas 2011 - 82nd Regular

Texas House Bill HB571 Compare Versions

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1	1	By: Huberty, Eissler, et al. H.B. No. 571
2	2	(Senate Sponsor - Williams)
3	3	(In the Senate - Received from the House April 7, 2011;
4	4	April 20, 2011, read first time and referred to Committee on
5	5	Natural Resources; May 4, 2011, reported favorably by the
6	6	following vote: Yeas 8, Nays 0; May 4, 2011, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the regulation of certain aggregate production
12	12	operations by the Texas Commission on Environmental Quality;
13	13	providing penalties.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subtitle D, Title 2, Water Code, is amended by
16	16	adding Chapter 28A to read as follows:
17	17	CHAPTER 28A. REGISTRATION AND INSPECTION OF CERTAIN AGGREGATE
18	18	PRODUCTION OPERATIONS
19	19	SUBCHAPTER A. GENERAL PROVISIONS
20	20	Sec. 28A.001. DEFINITIONS. In this chapter:
21	21	(1) "Aggregate production operation" means the site
22	22	from which aggregates are being or have been removed or extracted
23	23	from the earth, including the entire areas of extraction, stripped
24	24	areas, haulage ramps, and the land on which the plant processing the
25	25	raw materials is located, exclusive of any land owned or leased by
26	26	the responsible party not being currently used in the production of
27	27	aggregates. For the purposes of this chapter, the term "aggregate
28	28	production operation" does not include:
29	29	(A) a site at which the materials that are being
30	30	removed or extracted from the earth are used or processed at the
31	31	same site or at a related site under the control of the same
32	32	responsible party for the production of cement or lightweight
33	33	aggregates, or in a lime kiln;
34	34	(B) a temporary site that is being used solely to
35	35	provide aggregate products for use in a public works project
36	36	involving the Texas Department of Transportation or a local
37	37	governmental entity;
38	38	(C) an extraction area from which all raw
39	39	material is extracted for use as fill or for other construction uses
40	40	at the same or a contiguous site; or
41	41	(D) a site at which the materials that are being
42	42	removed or extracted from the earth are used or processed for use in
43	43	the construction, modification, or expansion of a solid waste
44	44	facility at the site or another location.
45	45	(2) "Aggregates" means any commonly recognized
46	46	construction material originating from an aggregate production
47	47	operation from which an operator extracts dimension stone, crushed
48	48	and broken limestone, crushed and broken granite, crushed and
49	49	broken stone not elsewhere classified, construction sand and
50	50	gravel, industrial sand, dirt, soil, or caliche. For purposes of
51	51	this section, the term "aggregates" does not include clay or shale
52	52	mined for use in manufacturing structural clay products.
53	53	(3) "Commission" means the Texas Commission on
54	54	Environmental Quality.
55	55	(4) "Operator" means any person engaged in and
56	56	responsible for the physical operation and control of the
57	57	extraction of aggregates.
58	58	(5) "Owner" means any person having title, wholly or
59	59	partly, to the land on which an aggregate production operation
60	60	exists or has existed.
61	61	(6) "Responsible party" means the operator, lessor, or
62	62	owner who is responsible for the overall function and operation of
63	63	an aggregate production operation.
64	64	[Sections 28A.002-28A.050 reserved for expansion]
65	65	SUBCHAPTER B. REGISTRATION AND INSPECTION
66	66	Sec. 28A.051. REGISTRATION. (a) The responsible party for
67	67	an aggregate production operation shall register the operation with
68	68	the commission not later than the 10th business day before the
69	69	beginning date of extraction activities and shall renew the
70	70	registration annually as extraction activities continue.
71	71	(b) After extraction activities at an aggregate production
72	72	operation have ceased and the operator has notified the commission
73	73	in writing that the operations have ceased, the requirements of
74	74	this chapter are not applicable to the aggregate production
75	75	operation.
76	76	Sec. 28A.052. SURVEY. (a) The commission annually shall
77	77	conduct a physical survey of the state to:
78	78	(1) identify all active aggregate production
79	79	operations in this state; and
80	80	(2) ensure that each active aggregate production
81	81	operation in this state is registered with the commission.
82	82	(b) The commission may contract with or seek assistance from
83	83	a governmental entity or other person to conduct the annual survey
84	84	required by Subsection (a) to identify active aggregate production
85	85	operations that are not registered under this chapter.
86	86	Sec. 28A.053. INSPECTION. (a) The commission shall
87	87	inspect each active aggregate production operation in this state
88	88	for compliance with applicable environmental laws and rules under
89	89	the jurisdiction of the commission at least once every three years.
90	90	(b) The commission may conduct an inspection only after
91	91	providing notice to the responsible party in accordance with
92	92	commission policy.
93	93	(c) Except as provided by Subsection (d), an inspection must
94	94	be conducted by one or more inspectors trained in the regulatory
95	95	requirements under the jurisdiction of the commission that are
96	96	applicable to an active aggregate production operation. If the
97	97	inspection is conducted by more than one inspector, each inspector
98	98	is not required to be trained in each of the applicable regulatory
99	99	requirements, but the combined training of the inspectors must
100	100	include each of the applicable regulatory requirements. The
101	101	applicable regulatory requirements include requirements related
102	102	to:
103	103	(1) individual water quality permits issued under
104	104	Section 26.027;
105	105	(2) a general water quality permit issued under
106	106	Section 26.040;
107	107	(3) air quality permits issued under Section 382.051,
108	108	Health and Safety Code; and
109	109	(4) other regulatory requirements applicable to
110	110	active aggregate production operations under the jurisdiction of
111	111	the commission.
112	112	(d) An investigation in response to a complaint satisfies
113	113	the requirement of an inspection under this section if a potential
114	114	noncompliance issue not related to the complaint is observed and
115	115	is:
116	116	(1) not within an area of expertise of the
117	117	investigator but is referred by the investigator to the commission
118	118	for further investigation; or
119	119	(2) within an area of expertise of the inspector and is
120	120	appropriately investigated and appropriately addressed in the
121	121	investigation report.
122	122	Sec. 28A.054. REPORT. The commission shall provide a
123	123	specific section in the annual enforcement report under Section
124	124	5.126 with information regarding the implementation of this
125	125	chapter, including:
126	126	(1) the results of the survey to locate unregistered
127	127	active aggregate production operations under Section 28A.052;
128	128	(2) the number and general location of the registered
129	129	aggregate production operations;
130	130	(3) the number of inspectors trained in multiple areas
131	131	related to the inspection of aggregate production operations;
132	132	(4) the number of inspections conducted; and
133	133	(5) the results of the inspections.
134	134	[Sections 28A.055-28A.100 reserved for expansion]
135	135	SUBCHAPTER C. FEES AND ENFORCEMENT
136	136	Sec. 28A.101. FEES. (a) A person who, under laws in the
137	137	commission's jurisdiction and rules adopted under those laws, is
138	138	authorized to operate an aggregate production operation shall pay
139	139	annually an aggregate production operation registration fee to the
140	140	commission in an amount established by commission rule.
141	141	(b) The commission shall set the annual registration fee in
142	142	an amount sufficient to maintain a registry of active aggregate
143	143	production operations in this state and implement this chapter, not
144	144	to exceed $1,000.
145	145	(c) Registration fees collected under this section shall be
146	146	deposited in the water resource management account and may be used
147	147	only to implement this chapter.
148	148	Sec. 28A.102. PENALTY. The commission may assess a penalty
149	149	of not less than $5,000 and not more than $10,000 for each year in
150	150	which an aggregate production operation operates without being
151	151	registered under this chapter. The total penalty under this
152	152	section may not exceed $25,000 for an aggregate production
153	153	operation that is operated in three or more years without being
154	154	registered.
155	155	SECTION 2. (a) A responsible party operating an aggregate
156	156	production operation, as those terms are defined by Section
157	157	28A.001, Water Code, as added by this Act, is first required to
158	158	register with the Texas Commission on Environmental Quality under
159	159	Section 28A.051, Water Code, as added by this Act, on September 1,
160	160	2012.
161	161	(b) If, in conjunction with initially registering with the
162	162	Texas Commission on Environmental Quality as required by Subsection
163	163	(a) of this section, a responsible party operating an aggregate
164	164	production operation also submits a notice of intent to conduct an
165	165	audit for compliance with all applicable laws, rules, and
166	166	regulations under the jurisdiction of the Texas Commission on
167	167	Environmental Quality under the Texas Environmental, Health, and
168	168	Safety Audit Privilege Act (Article 4447cc, Vernon's Texas Civil
169	169	Statutes), the three-year period to conduct an inspection of the
170	170	operation under Section 28A.053, Water Code, as added by this Act,
171	171	begins September 1, 2015.
172	172	SECTION 3. This Act takes effect September 1, 2011.
173	173	* * * * *