The following words and terms, when used in this chapter shall
have the following meanings, unless the context clearly indicates
otherwise.
(1) Aggregate production operation--A site from which
aggregates are being or have been removed or extracted from the earth,
including the entire areas of extraction, stripped areas, haulage
ramps, and the land on which the plant processing the raw materials
is located, exclusive of any land owned or leased by the responsible
party not being currently used in the production of aggregates. For
the purposes of this chapter, the term aggregate production operation
does not include:
(A) a site at which aggregates that are being removed
or extracted from the earth are used or processed at the same site
or at a related site under the control of the same responsible party
for the primary purpose of production of cement or lightweight aggregates,
or in a lime kiln;
(B) a site that is being used solely to provide aggregate
products for use in a public works project involving the Texas Department
of Transportation, any other state agency, or a local governmental
entity;
(C) an extraction area from which all raw material
is extracted for use as fill or for other construction uses at the
same or a contiguous site;
(D) a site at which the aggregates that are being removed
or extracted from the earth are used or processed for use in the construction,
modification, or expansion of a solid waste facility at the site or
another location;
(E) a site at which aggregates are being removed or
extracted where the primary purpose of removal or extraction is not
for commercial sale; or
(F) a site at which:
(i) the materials being removed or extracted from the
earth are specialty stone or terrazzo-type stone removed or extracted
exclusively for decorative or artistic uses; and
(ii) the portion of the specialty or terrazzo-type
stone horizon that is exposed for current production for commercial
sale does not exceed five acres. This portion is defined as the area
exposed for current production, as viewed from an aerial perspective.
(2) Aggregates--Any commonly recognized construction
material originating from an aggregate production operation from which
an operator extracts dimension stone, crushed and broken limestone,
crushed and broken granite, crushed and broken stone not elsewhere
classified, construction sand and gravel, industrial sand, dirt, soil,
or caliche. For purposes of this chapter, the term aggregates does
not include clay or shale mined for use in manufacturing structural
clay products.
(3) Commission--The Texas Commission on Environmental
Quality.
(4) Decorative or artistic uses--Uses for ornamentation
or creating artwork. This does not include uses such as construction
activities, structural concrete, road construction, building facades,
or mass-produced items.
(5) Extraction activities--The act of removing or extracting
aggregates from the earth.
(6) Operator--Any person engaged in and responsible
for the physical operation and control of the extraction of aggregates.
(7) Owner--Any person having title, wholly or partly,
to the land on which an aggregate production operation exists or has
existed.
(8) Responsible party--The operator, lessor, or owner
who is responsible for the overall function and operation of an aggregate
production operation.
(9) Site--One or more contiguous or adjacent properties
under common control by the same responsible party.
(10) Specialty stone--Stone that occurs in limited
quantity, that is extracted for its unique and naturally occurring
color, texture, opacity, or luster, and shall not include attributes
commonly found in aggregates.
(11) Terrazzo-type stone--Stone that is incorporated
into mortar or other similar wet binding agent used to create mosaic
designs, images, pictures, or patterns.
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