Texas 2011 - 82nd Regular

Texas Senate Bill SB160 Compare Versions

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1	1	By: Williams S.B. No. 160
2	2	(In the Senate - Filed November 8, 2010; January 31, 2011,
3	3	read first time and referred to Committee on Natural Resources;
4	4	March 14, 2011, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 11, Nays 0; March 14, 2011,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 160 By: Nichols
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the regulation of certain aggregate production
13	13	operations by the Texas Commission on Environmental Quality;
14	14	providing penalties.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subtitle D, Title 2, Water Code, is amended by
17	17	adding Chapter 28A to read as follows:
18	18	CHAPTER 28A. REGISTRATION AND INSPECTION OF CERTAIN AGGREGATE
19	19	PRODUCTION OPERATIONS
20	20	SUBCHAPTER A. GENERAL PROVISIONS
21	21	Sec. 28A.001. DEFINITIONS. In this chapter:
22	22	(1) "Aggregate production operation" means the site
23	23	from which aggregates are being or have been removed or extracted
24	24	from the earth, including the entire areas of extraction, stripped
25	25	areas, haulage ramps, and the land on which the plant processing the
26	26	raw materials is located, exclusive of any land owned or leased by
27	27	the responsible party not being currently used in the production of
28	28	aggregates. For the purposes of this chapter, the term "aggregate
29	29	production operation" does not include:
30	30	(A) a site at which the materials that are being
31	31	removed or extracted from the earth are used or processed at the
32	32	same site or at a related site under the control of the same
33	33	responsible party for the production of cement or lightweight
34	34	aggregates, or in a lime kiln;
35	35	(B) a temporary site that is being used solely to
36	36	provide aggregate products for use in a public works project
37	37	involving the Texas Department of Transportation or a local
38	38	governmental entity;
39	39	(C) an extraction area from which all raw
40	40	material is extracted for use as fill or for other construction uses
41	41	at the same or a contiguous site; or
42	42	(D) a site at which the materials that are being
43	43	removed or extracted from the earth are used or processed for use in
44	44	the construction, modification, or expansion of a solid waste
45	45	facility at the site or another location.
46	46	(2) "Aggregates" means any commonly recognized
47	47	construction material originating from an aggregate production
48	48	operation from which an operator extracts dimension stone, crushed
49	49	and broken limestone, crushed and broken granite, crushed and
50	50	broken stone not elsewhere classified, construction sand and
51	51	gravel, industrial sand, dirt, soil, or caliche. For purposes of
52	52	this section, the term "aggregates" does not include clay or shale
53	53	mined for use in manufacturing structural clay products.
54	54	(3) "Commission" means the Texas Commission on
55	55	Environmental Quality.
56	56	(4) "Operator" means any person engaged in and
57	57	responsible for the physical operation and control of the
58	58	extraction of aggregates.
59	59	(5) "Owner" means any person having title, wholly or
60	60	partly, to the land on which an aggregate production operation
61	61	exists or has existed.
62	62	(6) "Responsible party" means the operator, lessor, or
63	63	owner who is responsible for the overall function and operation of
64	64	an aggregate production operation.
65	65	[Sections 28A.002-28A.050 reserved for expansion]
66	66	SUBCHAPTER B. REGISTRATION AND INSPECTION
67	67	Sec. 28A.051. REGISTRATION. (a) The responsible party for
68	68	an aggregate production operation shall register the operation with
69	69	the commission not later than the 10th business day before the
70	70	beginning date of extraction activities and shall renew the
71	71	registration annually as extraction activities continue.
72	72	(b) After extraction activities at an aggregate production
73	73	operation have ceased and the operator has notified the commission
74	74	in writing that the operations have ceased, the requirements of
75	75	this chapter are not applicable to the aggregate production
76	76	operation.
77	77	Sec. 28A.052. SURVEY. (a) The commission annually shall
78	78	conduct a physical survey of the state to:
79	79	(1) identify all active aggregate production
80	80	operations in this state; and
81	81	(2) ensure that each active aggregate production
82	82	operation in this state is registered with the commission.
83	83	(b) The commission may contract with or seek assistance from
84	84	a governmental entity or other person to conduct the annual survey
85	85	required by Subsection (a) to identify active aggregate production
86	86	operations that are not registered under this chapter.
87	87	Sec. 28A.053. INSPECTION. (a) The commission shall
88	88	inspect each active aggregate production operation in this state
89	89	for compliance with applicable environmental laws and rules under
90	90	the jurisdiction of the commission at least once every three years.
91	91	(b) The commission may conduct an inspection only after
92	92	providing notice to the responsible party in accordance with
93	93	commission policy.
94	94	(c) Except as provided by Subsection (d), an inspection must
95	95	be conducted by one or more inspectors trained in the regulatory
96	96	requirements under the jurisdiction of the commission that are
97	97	applicable to an active aggregate production operation. If the
98	98	inspection is conducted by more than one inspector, each inspector
99	99	is not required to be trained in each of the applicable regulatory
100	100	requirements, but the combined training of the inspectors must
101	101	include each of the applicable regulatory requirements. The
102	102	applicable regulatory requirements include requirements related
103	103	to:
104	104	(1) individual water quality permits issued under
105	105	Section 26.027;
106	106	(2) a general water quality permit issued under
107	107	Section 26.040;
108	108	(3) air quality permits issued under Section 382.051,
109	109	Health and Safety Code; and
110	110	(4) other regulatory requirements applicable to
111	111	active aggregate production operations under the jurisdiction of
112	112	the commission.
113	113	(d) An investigation in response to a complaint satisfies
114	114	the requirement of an inspection under this section if a potential
115	115	noncompliance issue not related to the complaint is observed and
116	116	is:
117	117	(1) not within an area of expertise of the
118	118	investigator but is referred by the investigator to the commission
119	119	for further investigation; or
120	120	(2) within an area of expertise of the inspector and is
121	121	appropriately investigated and appropriately addressed in the
122	122	investigation report.
123	123	Sec. 28A.054. REPORT. The commission shall provide a
124	124	specific section in the annual enforcement report under Section
125	125	5.126 with information regarding the implementation of this
126	126	chapter, including:
127	127	(1) the results of the survey to locate unregistered
128	128	active aggregate production operations under Section 28A.052;
129	129	(2) the number and general location of the registered
130	130	aggregate production operations;
131	131	(3) the number of inspectors trained in multiple areas
132	132	related to the inspection of aggregate production operations;
133	133	(4) the number of inspections conducted; and
134	134	(5) the results of the inspections.
135	135	[Sections 28A.055-28A.100 reserved for expansion]
136	136	SUBCHAPTER C. FEES AND ENFORCEMENT
137	137	Sec. 28A.101. FEES. (a) A person who, under laws in the
138	138	commission's jurisdiction and rules adopted under those laws, is
139	139	authorized to operate an aggregate production operation shall pay
140	140	annually an aggregate production operation registration fee to the
141	141	commission in an amount established by commission rule.
142	142	(b) The commission shall set the annual registration fee in
143	143	an amount sufficient to maintain a registry of active aggregate
144	144	production operations in this state and implement this chapter, not
145	145	to exceed $1,000.
146	146	(c) Registration fees collected under this section shall be
147	147	deposited in the water resource management account and may be used
148	148	only to implement this chapter.
149	149	Sec. 28A.102. PENALTY. The commission may assess a penalty
150	150	of not less than $5,000 and not more than $10,000 for each year in
151	151	which an aggregate production operation operates without being
152	152	registered under this chapter. The total penalty under this
153	153	section may not exceed $25,000 for an aggregate production
154	154	operation that is operated in three or more years without being
155	155	registered.
156	156	SECTION 2. (a) A responsible party operating an aggregate
157	157	production operation, as those terms are defined by Section
158	158	28A.001, Water Code, as added by this Act, is first required to
159	159	register with the Texas Commission on Environmental Quality under
160	160	Section 28A.051, Water Code, as added by this Act, on September 1,
161	161	2012.
162	162	(b) If, in conjunction with initially registering with the
163	163	Texas Commission on Environmental Quality as required by Subsection
164	164	(a) of this section, a responsible party operating an aggregate
165	165	production operation also submits a notice of intent to conduct an
166	166	audit for compliance with all applicable laws, rules, and
167	167	regulations under the jurisdiction of the Texas Commission on
168	168	Environmental Quality under the Texas Environmental, Health, and
169	169	Safety Audit Privilege Act (Article 4447cc, Vernon's Texas Civil
170	170	Statutes), the three-year period to conduct an inspection of the
171	171	operation under Section 28A.053, Water Code, as added by this Act,
172	172	begins September 1, 2015.
173	173	SECTION 3. This Act takes effect September 1, 2011.
174	174	* * * * *