Bill Text: TX SB694 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the regulation of aggregate production operations by the Texas Commission on Environmental Quality; increasing a fee; increasing administrative penalties.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2019-05-13 - Referred to Environmental Regulation [SB694 Detail]

Download: Texas-2019-SB694-Introduced.html

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86R8063 JXC-F
By: Campbell S.B. No. 694

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of aggregate production operations by
the Texas Commission on Environmental Quality; increasing a fee;
increasing administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28A.053, Water Code, is amended to read
as follows:
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 two [three]
years.
(b) Except as provided by Subsection (c), the [The]
commission may conduct an inspection only after providing notice to
the responsible party in accordance with commission policy.
(c) The commission may conduct unannounced periodic
inspections under this section of an aggregate production operation
that in the preceding two-year period has been issued a notice of
violation by the commission for a violation of an environmental law
or rule under the jurisdiction of the commission. The unannounced
inspections may be conducted only for a period of not more than one
year.
(d) An [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 operations
under the jurisdiction of the commission [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.]
SECTION 2. Section 28A.101(b), Water Code, is amended to
read as follows:
(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 $1,500 [$1,000].
SECTION 3. Section 28A.102, Water Code, is amended to read
as follows:
Sec. 28A.102. PENALTY. The commission may assess a penalty
of not less than $5,000 and not more than $20,000 [$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 4. This Act takes effect September 1, 2019.