|
|
|
State Law
Federal Law
|
Texas Natural Resources Code - Chapter 133 Quarry SafetyLegal Research Home > Texas Lawyer > Natural Resources Code > Texas Natural Resources Code - Chapter 133 Quarry Safety This chapter may be cited as the Texas Aggregate Quarry and Pit Safety Act. Added by Acts 1991, 72nd Leg., ch. 668, § 1, eff. ... 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 ... 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 ... 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 ... (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 ... 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, ... (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 ... (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 ... 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 ... (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 ... (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 ... (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, ... (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, ... (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 ... (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 ... (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 ... (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 ... (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 ... 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 ... (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 ... (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 ... (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 ... (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) The responsible party who plans or intends to cease active operations in a quarry or pit subject to the provisions of this code shall, ... (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 ... (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 ... (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 ... 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 ... (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 ... 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 ... Compliance with this Act shall be admissible as evidence in any legal proceeding. Added by Acts 1991, 72nd Leg., ch. 668, § 1, eff. Aug. ... 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. ... 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. ... A regulation adopted under this subchapter applies only in the unincorporated area of the county. Added by Acts 1993, 73rd Leg., ch. 693, § 9, ... 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, ... (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 ... Last modified: August 10, 2007 |