CHAPTER 133. QUARRY SAFETY
NATURAL RESOURCES CODE
TITLE 4. MINES AND MINING
CHAPTER 133. QUARRY SAFETY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 133.001. SHORT TITLE. This chapter may be cited as the
Texas Aggregate Quarry and Pit Safety Act.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.002. PURPOSE. The Legislature of the State of Texas
finds that:
(1) protection of the public good by requiring safety devices
for certain aggregate quarries and pits and regulation of public
access to such aggregate quarries and pits, with reasonable,
fair, and certain laws, accompanied by civil penalties for
failure to obey such laws, are essential to protect the public
good and welfare;
(2) to carry out the stated purpose of this Act, a method must
be provided to secure usable information concerning the
definition, existence of, operation of, and abandonment of
aggregate quarries and pits;
(3) to provide for a centralized, easily understood method of
requiring safety devices and the administration thereof by one
agency of this state to the exclusion of any other governmental
entity is essential to the smooth workings of any law having
statewide impact.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.003. DEFINITIONS. In this chapter:
(1) "Abandoned" means having relinquished all right, title,
claim, and possession with the intent of never again claiming a
future right or title or resuming possession.
(2) "Aggregates" includes any commonly recognized construction
material originating from a quarry or pit by the disturbance of
the surface, including dirt, soil, rock asphalt, clay, granite,
gravel, gypsum, marble, sand, shale, stone, caliche, limestone,
dolomite, rock, riprap, or other nonmineral substance.
(3) "Barrier" means an object of substantial construction that
will obstruct, restrain, and prevent the normal passage of
persons or vehicular traffic and may include guardrails, fences,
or berms or barricades composed of consolidated material or
overburden.
(4) "Berm" means a ridge of refuse, overburden, consolidated
material, or other material in a lengthened elevation designed to
act as a dike or barrier, capable of moderating or limiting the
force of a vehicle in order to impede the passage of the vehicle.
(5) "Commission" means the Railroad Commission of Texas.
(6) "Consolidated material" means material of sufficient
hardness or ability to resist weathering and to inhibit erosion
or sloughing.
(7) "Division" means the Surface Mining and Reclamation
Division, Railroad Commission of Texas, or such department,
bureau, or commission as may lawfully succeed to the powers and
duties of such division.
(8) "Director" means the director, Surface Mining and
Reclamation Division, Railroad Commission of Texas, or the
director's representative.
(9) "Federal act" means the Surface Mining Control and
Reclamation Act of 1977 (Public Law 95-87), and any amendment
thereof.
(10) "Fund" means the abandoned mine reclamation fund
established pursuant to Section 401 of the federal act, and any
amendment thereof.
(11) "Guardrail" means a system of posts and metal rails as
defined by the Texas Department of Transportation.
(12) "Inactive quarry or pit" means a site or any portion of a
site that although previously in aggregate production is not
currently being quarried by any ownership, lease, joint venturer,
or some other legal arrangement.
(13) "In hazardous proximity to a public road" means that
distance beginning 200 feet from the nearest roadway edge of a
public road or highway to the pit perimeter.
(14) "Operator" means any person, partnership, firm, or
corporation engaged in and responsible for the physical operation
and control of the extraction of aggregates.
(15) "Overburden" means all materials displaced in an aggregate
extraction operation that are not or reasonably would not be
expected to be removed from the affected area.
(16) "Owner" means any person, partnership, firm, or corporation
having title, in whole or in part, to the land on which an
aggregate operation exists or has existed.
(17) "Pit" means an open excavation not less than five feet
below the adjacent and natural ground level from which aggregates
have been or are being extracted.
(18) "Public road or right-of-way" means every way publicly
maintained or any part thereof as defined by Section 541.302,
Transportation Code, and the decisions thereunder.
(19) "Quarrying" means the current and ongoing surface
excavation and development without shafts, drafts, or tunnels,
with or without slopes, for the extraction of aggregates from
natural deposits occurring in the earth.
(20) "Quarry" means the site where aggregates are being or have
been removed or extracted from the earth to form the pit,
including the entire excavation, stripped areas, haulage ramps,
the land immediately adjacent thereto upon 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.
(21) "Refuse" means all waste material directly connected with
the production, cleaning, or preparation of aggregates that have
been produced by quarrying.
(22) "Responsible party" means the operator, lessor, or owner of
lessee as may be subject to the provision of Chapters 2 and 3 of
this Act.
(23) "Ridge" means a lengthened elevation of overburden created
in the aggregate production process.
(24) "Roadway" means the part of the public road intended for
vehicular traffic that consists of an improved driving surface
constructed of concrete, asphalt, compacted soil, rock, or other
material.
(25) "Setback distance" means from the outer right-of-way line
of a public road or highway up to a distance of 25 feet.
(26) "Site" means the tract of land on which is located a pit
and includes the immediate area on which the plant used in the
extraction of aggregates is located.
(27) "Unacceptable unsafe location" means a condition where the
edge of a pit is located within 200 feet of a public roadway
intersection in a manner which, in the judgment of the
commission:
(A) presents a significant risk of harm to public motorists by
reason of the proximity of the pit to the roadway intersection;
and,
(B) has no naturally occurring or artificially constructed
barrier or berm between the road and pit that would likely
prevent a motor vehicle from accidentally entering the pit as the
result of a motor vehicle collision at or near the intersection;
or which,
(C) in the opinion of the commission, is also at any other
location constituting a substantial dangerous risk to the driving
public, which condition can be rectified by the placement of
berms, barriers, guardrails, or other devices as prescribed by
this code.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991. Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 1, eff.
Sept. 1, 1993; Acts 1995, 74th Leg., ch. 165, Sec. 22(56), eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 30.231, eff.
Sept. 1, 1997.
SUBCHAPTER B. AUTHORITY OF COMMISSION
Sec. 133.011. GENERAL AUTHORITY OF THE COMMISSION. To
accomplish the limited purposes of this chapter, the commission
may:
(1) with proper notice to all parties affected, adopt rules and
regulations consistent with the provisions of this chapter and
issue orders necessary to implement and enforce this chapter;
(2) conduct research necessary for the discharge of its duties
under this chapter;
(3) collect and make available to the public information
relating to the inventory and classification of quarries,
including maps and other technical data;
(4) apply for, accept, receive, and administer grants, gifts,
loans, or other funds from any source; and
(5) hold public hearings, take written sworn testimony, hear
witnesses upon oath, and consider reports in regard to the
classifications of pits within the definitions of hazardous
proximity to a public road and unacceptable unsafe location,
issuing rules and orders in relation thereto.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.012. INVENTORY OF ACTIVE, INACTIVE, AND ABANDONED
QUARRIES AND PITS. (a) The commission shall inventory,
classify, and maintain a log according to the degree of hazard,
proximity to public roads, age, and current use of all existing,
inactive, or abandoned quarries that have a pit perimeter that is
in hazardous proximity to a public road, and those pits that are
in an unacceptable unsafe location.
(b) The commission shall keep a current log of all quarries that
are required to be inventoried under Subsection (a) of this
section, including such quarries and pits for which initial
operations begin after June 30, 1991.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.013. DETERMINATION OF STATUS. After notice and
hearing, the commission may determine whether a quarry or pit has
been abandoned, is active, or is inactive.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
SUBCHAPTER C. PERSON RESPONSIBLE FOR QUARRY OR PIT
Sec. 133.021. PERSONS RESPONSIBLE FOR QUARRY OR PIT. (a) For
the purposes of this chapter, the person responsible for a quarry
or pit is the current operator of the quarry or pit, except that
if a quarry or pit was abandoned on or before January 1, 1991, or
became inactive before that date and has not resumed operations,
or if no operator exists, then the owner in which the pit exists
is the person responsible.
(b) Where a conflict arises in identifying a person responsible
for the pit, the commission may hold a public hearing.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
SUBCHAPTER C-1. INITIAL REPORTING REQUIREMENTS
Sec. 133.031. REPORT OF ABANDONED OR INACTIVE QUARRY OR PIT.
(a) On or before March 1, 1992, the person responsible for an
abandoned quarry or pit shall report to the commission.
(b) On or before March 1, 1992, the person responsible for a
quarry or pit that became inactive before January 1, 1991, and
did not resume operations before June 30, 1991, shall report to
the commission.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.032. REPORT OF AN ACTIVE QUARRY OR PIT. On or before
October 1, 1991, the person responsible for a quarry or pit that
is active on June 30, 1991, shall report to the commission.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.033. FORM AND CONTENT OF REPORT. (a) Each report
under this chapter must show the location, age, operational
status, and current use of the quarry or pit to which the report
applies, and the report form shall be concise and limited to the
information necessary to effect the inventory, and be of not more
than five pages, containing only the information prescribed in
Section 133.046 of this code.
(b) Only a single report under this subchapter is required when
joint owners or operators or a combination of either exists.
(c) Only a single report under this subchapter is required for
each owner or operator having multiple pit locations within the
state.
(d) Only one accurate report relating to each quarry or pit is
required by this subchapter.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
SUBCHAPTER D. SAFETY AND CERTIFICATION
Sec. 133.041. BARRIERS REQUIRED. (a) A person responsible for
an active pit must construct a barrier or other device required
by this code between a public road adjoining the site and a pit,
provided the pit is in hazardous proximity to the public road.
(b) A person responsible for an abandoned or inactive pit must
construct a barrier or other device required by this code between
a public road adjoining the site and the pit, provided that the
pit is in hazardous proximity to a public road and in an
unacceptable unsafe location. The commission may grant a waiver
from the barrier requirement if the person responsible for the
abandoned or inactive pit submits an application to the
commission showing that:
(1) a governmental entity obtained a right-of-way and
constructed a public road within 200 feet of the abandoned or
inactive pit before August 26, 1991; and
(2) the pit has remained abandoned or inactive since the road
was constructed.
(c) The responsible party may choose to slope the sidewalls of a
pit in place of constructing a berm or barrier, provided that in
the opinion of the responsible party such corrective measure
better serves the public safety and provided that the slope shall
not exceed 30 degrees from the horizontal.
(d) The barrier or other device must be completed not later than
the 90th day after the day on which the person responsible for
the quarry or pit receives a notice of approval under Section
133.048(b) of this code. An additional time of not more than 60
days may be granted by the commission for good cause shown. If
the responsible person must obtain an easement before
constructing the barrier or other device, the commission may
grant additional reasonable time to complete the barrier or other
device.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991. Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 2, eff.
Sept. 1, 1993.
Sec. 133.042. CONSTRUCTION STANDARDS. (a) A barrier
constructed under Section 133.041 of this code must:
(1) reach a height that the commission determines that under the
circumstances will obstruct, restrain, and prevent the normal
passage of vehicular traffic;
(2) be of substantial construction suitable for impact under
normal driving conditions; and
(3) have openings to the extent necessary for travel on the
premises and for public road drainage, although such drainage
paths must be covered with protective material, substantial
enough to turn away motor vehicular traffic that normally travels
the adjacent public road.
(b) The commission may not adopt construction standards for
barriers under Subsection (a) that are more stringent than the
Texas Department of Transportation standards.
(c) In the event the commission determines that the pit location
as detailed in the quarry safety plan or other application will
contain substantial soil types of such density and other factors
that will have a high probability of holding or impounding water,
when the pit is operating, inactive, or abandoned, wherein the
impoundment of water poses a definite and determinable
unreasonable risk to human health and safety as set out in this
code, the commission may require the responsible party operating
soil, dirt, clay, gravel, sand, caliche and clay pits to slope
the sidewalls as an additional requirement to obtain a safety
certificate or to alter the berm or barrier.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991. Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 3, eff.
Sept. 1, 1993.
Sec. 133.043. CONSTRUCTION COSTS. (a) The commission shall
adopt and implement rules, standards, or procedures necessary to
obtain funds that are or may become available under the federal
act, or any federal or state law, for the cost of constructing
barriers required by this code.
(b) The person responsible for the pit shall pay the cost of
constructing a barrier to the extent that person is unable to
obtain funds available under any state, municipal, or federal
source.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.044. PROHIBITION AGAINST OPENING PITS. (a) From and
after November 1, 1991, no person responsible may open a new pit
on a site for the extraction of aggregates in this state wherein
the pit perimeter will be less than 25 feet from the outer
right-of-way line of any public road or highway ("the setback
distance").
(b) From and after November 1, 1991, no person responsible may
open a new pit on a site for the extraction of aggregates in this
state wherein the pit perimeter is in hazardous proximity to a
public road without first filing a quarry safety plan detailing
how the applicant intends to comply with the safety provisions of
this code in the opening and closing of the pit.
(c) The quarry safety plan must:
(1) set out the information required in Section 133.046 et seq.
of this code; and
(2) be filed by the applicant at least 60 days prior to the
opening of the pit; and
(3) contain a statement as to the yearly progress of the
encroachment of the pit perimeter within the hazardous proximity
to a public road, if any, and the type of berm or barrier or
other device required by this code that will be erected; and
(4) be in writing, certified and sworn to the applicant; and
(5) contain any other information relating to safety matters as
the commission by rule or regulation deems essential to the
implementation of this code.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.045. SAFETY CERTIFICATE REQUIRED. (a) A safety
certificate is required for an active, inactive, or abandoned
quarry or pit that is located in hazardous proximity to a public
road or is in an unacceptable unsafe location, excluding an
inactive or abandoned quarry or pit that receives a written
waiver from the commission.
(b) From and after November 1, 1991, unless a person responsible
for a quarry or pit has obtained from the commission a
certificate that a quarry or pit complies with this subchapter
and rules or orders adopted under this subchapter, and subject to
Subsection (c) of this section, the person responsible may not:
(1) open a new pit in hazardous proximity to a public road; and
(2) locate a pit in an area wherein it is in an unacceptable
unsafe location; or
(3) reopen, operate, or abandon a quarry or pit that is in
hazardous proximity to a public road and in an unacceptable
unsafe location; and
(4) provided, however, that the person responsible must have
received a notice from the commission that the quarry or pit
requires the operator to obtain a safety certificate, before that
person is prohibited from operating or maintaining the quarry or
pit without a safety certificate.
(c) Any person responsible who, on November 1, 1991, is
utilizing a portion of a site for quarrying operations, including
the stockpiling, sale, or processing of aggregates or a
combination thereof, or who has a current, valid, or outstanding
agreement or legal right to develop, utilize, or quarry the
property, shall be responsible for obtaining a safety certificate
limited to that specific pit area he is using or excavating or
intends to use or excavate.
(d) A person responsible for a quarry or pit may operate the pit
during a period that is described by Subsection (a) or (c) of
Section 133.052 of this code.
(e) In the event a quarry or pit previously not within the
proscribed distance in the definition of "in hazardous proximity
to a public road" and not initially within the purview of
"unacceptable unsafe location" later becomes subject to
regulation as the result of an expansion or relocation of an
existing public road or construction of a new public road, the
person or entity responsible for the expansion or relocation of
the existing public road or construction of a new public road
shall be liable to report the same to the commission within 90
days of the date the expansion, relocation, or construction is
finally accomplished.
(f) The commission shall provide such rules and regulations to
require the person or entity responsible for the expansion or
relocation to erect berms or barriers.
(g) For the purposes of this subsection, the person or entity
responsible for the erection of berms or barriers is that person
or entity having the original and initial legal authority and
responsibility for the initiation and contracting of the
expansion or relocation.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991. Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 4, eff.
Sept. 1, 1993.
Sec. 133.046. FORM AND CONTENTS OF APPLICATION. (a) The
commission by rule shall prescribe the form of an application for
a safety certificate.
(b) An application for a safety certificate must contain not
more than:
(1) the name, address, and telephone number of the person
responsible for the quarry or pit;
(2) the name, address, and telephone number of the owner or
owners if different from the person responsible for the quarry or
pit;
(3) the type of quarrying activities, if any, occurring on the
site;
(4) a brief description of the site, including the acreage
outside and inside the pit;
(5) the distance of each pit perimeter from the nearest roadway
edge of each public road that the site adjoins and the nearest
intersection of any public or private road or driveway;
(6) the depth in feet, below the top of the pit highwall located
between the pit and the roadway, of the deepest excavation in the
pit;
(7) a description of and a construction plan for any barrier or
other device allowed in this code to be constructed, specifying
the material to be used and the expected date of completion; and
(8) any other information or condition that, in the opinion of
the operator or owner, constitutes an unacceptable unsafe
location, as defined or required by this Act that is absolutely
essential to the purposes of this Act.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991. Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 5, eff.
Sept. 1, 1993.
Sec. 133.047. APPLICATION FEE. (a) The commission may require
the payment of an application fee.
(b) The commission shall set the fee in an amount reasonably
necessary to cover the commission's cost of carrying out this
chapter, but not more than:
(1) $500 for an active aggregate quarry or pit;
(2) $500 for an inactive or abandoned aggregate quarry or pit
unless the responsible party is a governmental entity in which
case the fee shall be no more than $350.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991. Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 6, eff.
Sept. 1, 1993.
Sec. 133.048. REVIEW OF APPLICATION. (a) Not later than the
10th day after the day on which an application for a safety
certificate is received, the commission shall review the
application and the plan and determine if each complies with this
subchapter, and with rules or orders adopted under this
subchapter, and issue such findings and conclusions as may be
necessary.
(b) If the application and plan comply with this subchapter, and
rules or orders adopted under this subchapter, the commission
must approve the application and notify the applicant in writing
of the commission's decision.
(c) If the commission determines that an application or plan
does not comply with this subchapter and rules or orders adopted
under this subchapter, the commission must notify the applicant
in writing of the commission's decision, specifying any defects.
(d) Any notices required under Subsections (b) and (c) of this
section must be mailed to the applicant certified mail, postage
prepaid, return receipt requested, not later than the fifth day
after the day on which the commission approves or disapproves the
application.
(e) An applicant who receives notice of denial under Subsections
(c) and (d) of this section may submit, not later than the 30th
day after the day on which the notice is received, a modified
application or plan.
(f) Not later than the fifth day after the day on which the
commission receives a modified application or plan, the
commission must approve or deny the modified application or plan
and notify the applicant in writing of the commission's decision.
(g) The commission shall first review applications for sites
that have been abandoned and that are within the setback
distances.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.049. INSPECTION OF BARRIERS. Within 15 days of the
time in which construction of barriers required by Section
133.041 of this code and described in an approved application is
required to be completed, the commission may inspect those
barriers to determine whether they meet the requirements of this
subchapter.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.050. ISSUANCE OF CERTIFICATE. (a) If, after
inspection, the commission determines that the barriers described
in an approved application conform with the plan and comply with
this subchapter, and the rules or orders adopted under this
subchapter, the commission must issue a safety certificate to the
person responsible for the pit.
(b) If, after inspection, the commission determines that a
barrier does not comply with this subchapter or a rule or order
adopted under this subchapter, the commission shall give the
applicant written notice of any defects in that barrier and shall
allow the applicant a reasonable time, not to exceed 60 days from
the day notice is received, to cure the defects.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.051. TRANSFER OF CERTIFICATE AFTER TRANSFER OF TITLE.
(a) A person holding a safety certificate has the full right,
power, and authority to transfer the certificate upon the sale,
lease, or other transfer of title to the site, provided the new
owner, operator, lessor or lessee, or party in interest files a
written affidavit that:
(1) all barriers between a pit and the nearest roadway edge of
any public road comply with this subchapter, and rules and orders
adopted by this subchapter; and
(2) there will be no change, on or after the day of the transfer
of title or operation, in:
(A) the condition or location of a barrier; and
(B) the distance of a pit perimeter from:
(i) the nearest public road; and
(ii) the nearest intersection of a public road and a private
road or driveway.
(b) The transfer affidavit must be filed not later than the 30th
day after the day on which the transfer of title to or operation
of the quarry or pit occurs.
(c) Except as provided by Section 133.053(a) of this code, the
commission must process and approve a transfer of a safety
certificate not later than the 10th day after the day on which
the commission receives a completed transfer affidavit.
(d) The commission may require the payment of a reasonable fee
for processing the transfer affidavit, not to exceed the actual
administrative costs of receipt and processing, which amount
shall not be more than $250.
(e) The hypothecating, mortgaging, or other transfer of
equitable title or a pledge of any assets to creditors of the
operator or owner shall not require the filing of a transfer
affidavit.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991. Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 7, eff.
Sept. 1, 1993.
Sec. 133.052. RECERTIFICATION AFTER TRANSFER OF TITLE. (a)
Unless proper transfer affidavit is filed pursuant to this
subchapter, or an application for an amended certificate as
required by Subsection (b) of this section is pending, an
existing safety certificate expires on the 90th day after the day
on which a sale, lease, or other transfer of title to or
operation of the quarry or pit for which the certificate was
issued occurs.
(b) To obtain an amended or new safety certificate, a new owner,
operator, lessor, or lessee must submit an application and plan
as required by Section 133.046 of this code not later than the
30th day after the day on which the transfer of title to the
quarry or pit occurs or a change in the activities of the quarry
or pit necessitates.
(c) If an application for a new certificate has been submitted
as required by Subsection (b) of this section, the existing
safety certificate continues in effect until the commission's
decision either approving or disapproving the new or amended
certificate is issued and becomes final.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.053. DENIAL OR REVOCATION OF CERTIFICATE. (a) At its
option, the commission may not issue or approve the transfer of a
certificate to a person who has violated this chapter or a rule
or order adopted under this chapter.
(b) The commission may revoke or disapprove the transfer of a
safety certificate issued under this subchapter only if, after
notice and hearing, the commission determines that the holder of
the certificate has violated this chapter or a rule or order
adopted under this chapter.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.054. CESSATION OF ACTIVE PIT OPERATIONS. (a) The
responsible party who plans or intends to cease active operations
in a quarry or pit subject to the provisions of this code shall,
60 days prior to cessation of operations, notify the commission
of its intent and submit any additional plans the operator
determines necessary to protect the public good and welfare after
the cessation of operations. The commission may charge a fee for
the actual costs of processing the notice, which fee shall not
exceed $500.
(b) The commission shall have inspected the quarry and pit
within 10 days after receipt of the notice in order to ensure
compliance with the provisions of this chapter and any additional
plans by the operator as may be submitted pursuant to Subsection
(a) of this section.
(c) Upon inspection, the commission shall have 10 days to notify
the operator of compliance, or lack thereof, and in the event of
compliance shall issue a safety certificate pursuant to Section
133.050 of this code.
(d) In the event of noncompliance, the commission shall follow
the procedures as set out in Section 133.048 et seq. of this
code.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
SUBCHAPTER E. ENFORCEMENT AND PENALTIES
Sec. 133.081. NOTICE OF VIOLATION; TIME TO CURE. (a) On
receipt of a complaint or a violation of this chapter or a rule
or order adopted under this chapter or on its own motion, the
commission must give the person responsible for the quarry or pit
written notice of each alleged violation, including the
applicable statutory reference, and rule or order so violated and
its relation thereto, and the date, time, and place for a
hearing.
(b) If, after notice and a hearing, the commission determines
that a violation has occurred, the commission must make written
findings of the actual or threatened violation and the required
corrective work and shall prescribe by order a specific period,
commensurate with the work to be done but not to exceed 90 days
from the date of the order, during which the corrective work must
be done, unless an extension of time for good cause shown by the
person responsible is granted by the commission.
(c) If the responsible party fails to perform corrective work
required by the commission under Subsection (b) of this section
within 120 days after notice is given to the responsible party,
the commission may contract for the corrective work to be done at
reasonable, customary, and ordinary costs applicable in the
industry. Such costs shall be submitted within 30 days of the
date the work is finished, and the responsible party shall have
60 days to pay the costs or appeal the decision. In the event the
responsible party fails to pay the costs as presented or fails
timely to contest or appeal the costs as presented by the
commission, the commission shall have the right to impose such
fine or injunction as is warranted, consistent with the
provisions of Section 133.082 et seq.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.082. CIVIL PENALTY. (a) A person or responsible party
who violates this chapter or a rule or order adopted under this
chapter after due notice is liable to the state for a civil
penalty of not less than $500 or more than $5,000 for each act of
violation on a first offense.
(b) A person or responsible party who violates this chapter or a
rule or order adopted under this chapter after due notice is
liable to the state for a civil penalty of not less than $1,000
or more than $10,000 for each act of violation on a second and
subsequent offense.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.083. INJUNCTION. (a) The commission may enforce this
chapter or a rule or order adopted under this chapter by
injunction or other appropriate remedy.
(b) On application for injunctive or other relief and a finding
that a person is violating or has violated this chapter or a rule
or order adopted under this chapter, a court may grant the
injunctive or other relief warranted by the facts.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.084. RECOVERY OF COSTS. A person responsible for a
quarry or pit is liable to the state for customary, ordinary, and
reasonable costs incurred by the commission in undertaking
corrective or enforcement action under this chapter and for court
costs and attorney's fees.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.085. PROCEDURE. (a) At the request of the commission,
the attorney general shall bring suit for injunctive or other
relief, to recover a civil penalty or costs as provided by
Section 133.082 or 133.084 of this code, or for both injunctive
or other relief and to recover a civil penalty or costs.
(b) The action may be brought in the county in which the
offending action has occurred or in the county in which the
defendant resides or has a place of business.
(c) The provisions of this Act supersede any other municipal
ordinance or county regulation that seeks to accomplish the same
ends as set out herein.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.086. DISPOSITION OF PENALTIES AND COSTS. Money
collected under Section 133.082 or 133.084 of this code shall be
deposited in the state treasury to the credit of the Texas
aggregates quarry and pit safety fund.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.087. COMPLIANCE. Compliance with this Act shall be
admissible as evidence in any legal proceeding.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991.
Sec. 133.088. GOVERNMENTAL LIABILITY. The provisions of this
act shall not be construed to impose any liability upon a state
governmental entity or county, or their officers or employees.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,
1991. Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 8, eff.
Sept. 1, 1993.
SUBCHAPTER F. AUTHORITY TO REGULATE QUARRIES AND PITS IN CERTAIN
COUNTIES
Sec. 133.091. COUNTY AUTHORITY TO REGULATE. A county with a
population of 2.4 million or more may adopt regulations requiring
the placement of signs or barriers on aggregate quarries and
pits.
Added by Acts 1993, 73rd Leg., ch. 693, Sec. 9, eff. Sept. 1,
1993.
Sec. 133.092. AREA SUBJECT TO REGULATION. A regulation adopted
under this subchapter applies only in the unincorporated area of
the county.
Added by Acts 1993, 73rd Leg., ch. 693, Sec. 9, eff. Sept. 1,
1993.
Sec. 133.093. CONFLICT WITH COMMISSION RULE. A county may not
adopt regulations for aggregate quarries and pits which are
regulated by the commission.
Added by Acts 1993, 73rd Leg., ch. 693, Sec. 9, eff. Sept. 1,
1993.
SUBCHAPTER G. AUTHORITY TO REGULATE QUARRIES IN CERTAIN
MUNICIPALITIES
Sec. 133.121. USE OF MUNICIPAL QUARRY SITE LOCATED IN DIFFERENT
MUNICIPALITY. (a) This section applies only to a rock quarry:
(1) owned or leased by a municipality with a population of more
than 650,000 according to the 2000 federal decennial census;
(2) located in the boundaries of a municipality with a
population of less than 50,000 according to the 2000 federal
decennial census; and
(3) any part of which is located within one mile of a
residential property.
(b) Before the municipality that owns or leases the rock quarry
may dispose of water treatment byproducts in the site of the
quarry, the municipality must receive the consent of the
governing body of the municipality in which the quarry is
located.
(c) The municipality that owns or leases the rock quarry must
receive the consent of the governing body of the municipality in
which the quarry is located before entering into or extending a
lease to operate the quarry.
(d) The governing body of the municipality in which the rock
quarry is located may not provide consent under Subsection (b) or
(c) if:
(1) that governing body determines that the health, safety, or
welfare of the residents of the municipality may be negatively
affected by the disposal of byproducts or operation of the
quarry;
(2) the quarry site or the operation of the quarry fails to
comply with the land use and zoning regulations of the
municipality; or
(3) the quarry site or the operation of the quarry fails to
correspond with the municipality's land use and development
plans.
Added by Acts 2007, 80th Leg., R.S., Ch.
1259, Sec. 1, eff. June 15, 2007.
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
Sec. 133.901. DISTANCE BETWEEN PIT AND PROPERTY LINE. (a)
Except as provided by Subsection (b), at the time quarrying is
completed, the distance from the edge of the consolidated
material of a pit that does not have lateral support to the
property line of the nearest property that is not owned or leased
by the operator may not be less than 50 feet.
(b) This section does not apply:
(1) to a pit if the operator and the adjacent property owner
agree that the pit may be located closer to the property line;
(2) to an excavation constructed by a political subdivision to
provide drainage or stormwater retention; or
(3) to a county with a population of 3.3 million or more.
Added by Acts 2001, 77th Leg., ch. 1051, Sec. 1, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1017, Sec. 1, eff.
Sept. 1, 2003.