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AGGREGATE PRODUCTION OPERATIONS. Laurie Fleet, Water Quality Division May 1 , 2013. APO Regulations. House Bill 571, 82 nd Legislature, 2011 30 Texas Administrative Code Chapter 342. House Bill 571. APO Requirements Register annually Pay registration fee TCEQ Requirements
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AGGREGATE PRODUCTION OPERATIONS Laurie Fleet, Water Quality Division May 1, 2013
APO Regulations • House Bill 571, 82nd Legislature, 2011 • 30 Texas Administrative Code Chapter 342
House Bill 571 • APO Requirements • Register annually • Pay registration fee • TCEQ Requirements • Establish registration fee not to exceed $1,000 • Survey the state to ID un-registered APOs • Inspect APOs every 3 years • Establish penalties for non-registration • Annual enforcement report to Legislature
30 TAC 342 • Subchapter A – Definitions • Subchapter B – Registration and Fees • Registration • Active APOs must be registered • New APOs must register 10 days prior to beginning operations • Processing plants co-located at extraction site having same resp. party can submit as one registration • Renew registration annually • Submit cancellation request when operations cease
30 TAC 342 • Registration Fees • Range from $250 - $900, depending on acres disturbed • Portable Aggregate Processing Plants - $250 • Application fees reduced 25% if submitted online
Registration Info • Information about pending and issued registrations http://www2.tceq.texas.gov/wq_dpa/index.cfm
Compliance Courtney Vanous DFW Region (817) 588-5819 Wallace Myers Austin Region (512) 239-7030 Charly Fritz San Antonio Region (210) 403-4065 Stacey Carr Houston Region (713) 767-3658
Compliance • Inspect APOs once every 3 years • Compliance with applicable laws/permits • Investigator trained in APO investigations • Survey the State • Identify un-registered APOs
Penalties • Operating without Registration • $5,000 to $10,000 per year for each year of operation without registration. • The total penalty cannot be more than $25,000 for an operation that failed to register for 3 or more years. • These penalties are in addition to penalties related to operating without air, water, and/or waste permits.