H.B. No. 571

	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.  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