(a) No responsible party may open a new pit on a site for the extraction of aggregates if 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) No responsible party may open a new pit on a site for the extraction of aggregates in this state if the pit perimeter is in hazardous proximity to a public road without first filing a quarry safety plan and receiving a safety certificate.
(c) No operator may open a new pit on a site for the extraction of aggregates if the operator is in violation of the rules under this subchapter at another site.
(d) An operator who is not the owner of the site may not open a new pit on the site without the written permission of the owner.

Source Note: The provisions of this §21.708 adopted to be effective July 15, 2004, 29 TexReg 6734; amended to be effective January 7, 2009, 34 TexReg 69