| (a) This subchapter applies to a pilot program regulating
quarrying in the John Graves Scenic Riverway and Coke Stevenson Scenic
Riverway. This subchapter expires on September 1, 2027.
(b) This subchapter does not apply to:
(1) the construction or operation of a municipal solid
waste facility regardless of whether the facility includes a pit or
quarry that is associated with past quarrying;
(2) a quarry, or associated processing plant, located
in the John Graves Scenic Riverway that since on or before January
1, 1994, has been in regular operation without cessation of operation
for more than 30 consecutive days and under the same ownership;
(3) the construction or modification of associated
equipment located on a quarry site or associated processing plant
site in the John Graves Scenic Riverway described in paragraph (2)
of this subsection;
(4) an activity, facility, or operation regulated under
Natural Resources Code, Texas Surface Coal Mining and Reclamation
Act, Chapter 134; or
(5) quarries mining clay and shale for use in manufacturing
structural clay products.
(c) Operations or facilities to which this subchapter
does not apply under subsection (b) of this section, must maintain
adequate documentation on site sufficient to demonstrate their exclusions.
(1) Documentation demonstrating ownership includes,
but is not limited to: deeds, property tax receipts, leases, or insurance
records.
(2) Documentation demonstrating continuous operation
without cessation of operation for more than 30 consecutive days beginning
on or before January 1, 1994, includes, but is not limited to: production
records, sales receipts, payroll records, sales tax records, income
tax records, or financial statements/reports.
(3) Documentation demonstrating the construction or
operation of a municipal solid waste facility, an activity, facility,
or operation regulated under Natural Resources Code, Texas Surface
Coal Mining and Reclamation Act, Chapter 134; or quarries mining clay
and shale for use in manufacturing structural clay products includes,
but is not limited to: any permit issued by the commission, Railroad
Commission of Texas, or United States Environmental Protection Agency.
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