Any sand and gravel production facility that obtains its material from deposits of sand and gravel consisting of natural disintegration of rock and stone is permitted by rule, provided that the following conditions of this section are satisfied:
  (1) crushing or breaking operations are not used;
  (2) no blasting is conducted to obtain the material;
  (3) water sprays are installed on the plant at all screens and transfer points and used as necessary to achieve maximum control of dust emissions;
  (4) the area where the sand and gravel is obtained shall be sprinkled with water as necessary to achieve maximum control of dust emissions before the material is removed and transported for processing;
  (5) all in-plant roads shall be paved and cleaned or sprinkled with water and/or chemicals as necessary to achieve maximum control of dust emissions;
  (6) the plant is located at least 1/4 mile from any recreational area or residence or other structure not occupied or used solely by the owner of the facility or the owner of the property upon which the facility is located;
  (7) the production rate is 50 tons per hour or less.

Source Note: The provisions of this §106.149 adopted to be effective March 14, 1997, 22 TexReg 2439; amended to be effective September 4, 2000, 25 TexReg 8653