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 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.Tex. Nat. Res. Code § 133.044
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. 8/26/1991.