Tex.
Nat. Resources Code Section 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 (Form and Contents of Application) 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.
Source:
Section 133.044 — Prohibition Against Opening Pits, https://statutes.capitol.texas.gov/Docs/NR/htm/NR.133.htm#133.044 (accessed Jun. 5, 2024).
