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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 107 (H.B. 571), Sec. 1, eff. September 1, 2011.
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