Bill Text: TX HB571 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; providing penalties.
Sponsorship: Partisan Bill (Republican 5)
Status: (Passed) 2011-05-21 - Effective on 9/1/11 [HB571 Detail]
Download: Texas-2011-HB571-Enrolled.html
| H.B. No. 571 | ||
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| 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. Subtitle D, Title 2, Water Code, is amended by | ||
| adding Chapter 28A to read as follows: | ||
| CHAPTER 28A. REGISTRATION AND INSPECTION OF CERTAIN AGGREGATE | ||
| PRODUCTION OPERATIONS | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 28A.001. DEFINITIONS. In this chapter: | ||
| (1) "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; | ||
| (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; or | ||
| (D) a site at which the materials that are being | ||
| removed or extracted from the earth are used or processed for use in | ||
| the construction, modification, or expansion of a solid waste | ||
| facility at the site or another location. | ||
| (2) "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 clay or shale | ||
| mined for use in manufacturing structural clay products. | ||
| (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 28A.002-28A.050 reserved for expansion] | ||
| SUBCHAPTER B. REGISTRATION AND INSPECTION | ||
| Sec. 28A.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. 28A.052. SURVEY. (a) The commission annually shall | ||
| conduct a physical survey of the state to: | ||
| (1) identify all active aggregate production | ||
| operations in this state; and | ||
| (2) ensure that each active 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 active aggregate production | ||
| operations that are not registered under this chapter. | ||
| Sec. 28A.053. INSPECTION. (a) The commission shall | ||
| inspect each active 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) The commission may conduct an inspection only after | ||
| providing notice to the responsible party in accordance with | ||
| commission policy. | ||
| (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 active 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; | ||
| (2) a general water quality permit issued under | ||
| Section 26.040; | ||
| (3) air quality permits issued under Section 382.051, | ||
| Health and Safety Code; and | ||
| (4) other regulatory requirements applicable to | ||
| active 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 commission | ||
| 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. 28A.054. REPORT. The commission shall provide a | ||
| specific section in the annual enforcement report under Section | ||
| 5.126 with information regarding the implementation of this | ||
| chapter, including: | ||
| (1) the results of the survey to locate unregistered | ||
| active aggregate production operations under Section 28A.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 28A.055-28A.100 reserved for expansion] | ||
| SUBCHAPTER C. FEES AND ENFORCEMENT | ||
| Sec. 28A.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 shall pay | ||
| annually 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 active 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 water resource management account and may be used | ||
| only to implement this chapter. | ||
| Sec. 28A.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 | ||
| 28A.001, Water Code, as added by this Act, is first required to | ||
| register with the Texas Commission on Environmental Quality under | ||
| Section 28A.051, Water Code, as added by this Act, on September 1, | ||
| 2012. | ||
| (b) If, in conjunction with initially registering with the | ||
| Texas Commission on Environmental Quality 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 the Texas Environmental, Health, and | ||
| Safety Audit Privilege Act (Article 4447cc, Vernon's Texas Civil | ||
| Statutes), the three-year period to conduct an inspection of the | ||
| operation under Section 28A.053, Water Code, as added by this Act, | ||
| begins September 1, 2015. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 571 was passed by the House on April | ||
| 6, 2011, by the following vote: Yeas 139, Nays 5, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 571 was passed by the Senate on May 9, | ||
| 2011, by the following vote: Yeas 30, Nays 1 | ||
| . | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
