(a) Within its jurisdiction, the department shall have a right of entry to, upon, and through any aggregate quarry or pit without advance notice or search warrant, upon presentation of appropriate credentials.
(b) The operator shall maintain a copy of the safety certificate for each active quarry or pit at or near the location of the quarry or pit and shall make the safety certificate available for inspection by any authorized representative of the department, upon presentation of appropriate credentials.
(c) On receipt of a complaint of a violation of the Act or on its own motion, the department will give the responsible party written notice of each alleged violation, including the applicable statutory reference or rule violated, and the date, time, and place for a hearing.
(d) If, after notice and a hearing, the department determines that a violation has occurred, the director will make written findings of the actual or threatened violation and the required corrective work and shall prescribe a specific deadline, commensurate with the work to be done but not to exceed 90 days from the date of the order, for completion of the corrective work, unless an extension of time for good cause shown by the responsible party is granted by the director.
(e) If the responsible party fails to perform corrective work required by the department under subsection (d) of this section within 120 days after notice is given to the responsible party, the department may contract for the corrective work to be done at reasonable, customary, and ordinary costs applicable in the industry. Costs shall be submitted within 30 days of the date the work is finished, and the responsible party shall have 60 days to pay the costs or appeal the decision. In the event the responsible party fails to pay the costs as presented or fails timely to contest or appeal the costs as presented by the department, the department shall have the right to impose a fine or injunction as is warranted, consistent with the provisions of the Act and this subchapter.

Source Note: The provisions of this §21.719 adopted to be effective July 15, 2004, 29 TexReg 6734