Commissioners' Work Session
Thursday, February 19, 1998
Room 201S, Building E, Park 35, Austin
This meeting is a work session for discussion between commissioners and staff. No public testimony or comment will be accepted except by invitation of the commission.
- Discussion of an agency report on enforcement actions for various media including agriculture, air, industrial and hazardous waste, municipal solid waste, occupational certification, petroleum storage tanks, public water supply, water quality, and multi-media. Anne Dobbs (Enforcement Division) presented this item. No action taken.
- Consideration of legal and policy issues related to the municipal solid waste program, including permitting, land use, and regional solid waste plans. Bryan Dixon (Director, Municipal Solid Waste Division); Linda Haynie (Director, Waste Planning & Assessment Division); Steve Dayton (Waste Planning & Assessment); Susan Janek (Municipal Solid Waste); Susan Ferguson (Director, Waste Policy & Regulations Division); Marianne Baker (Legal) presented this item. The commission took no action on the question - “What, if anything, should staff do differently in making land use compatibility determinations with respect to the MSW permitting process?” The commission did provide direction to staff when processing the pending MSW permit applications, as follows:
- If an application is administratively and technically complete and has been scheduled for a public hearing, proceed under current operational procedures and criteria. This would include amendments that propose a change in the landfill size or height.
- If an application is administratively and technically complete but has not yet been scheduled for a public hearing, again maintain status quo.
- If an application is administratively complete but not yet technically complete, the commission will not require anything beyond what is currently done, at this time, pending further discussion of this matter at the March 23 Work Session. [Staff may continue technical reviews, unless requested by the applicant to stop.]
If an application has not yet been submitted, applicants should be on notice that future rules are in question and may require different standards and criteria than currently exist.
Staff was directed to develop recommendations for criteria to consider in making land use determinations, along with options for how these determinations might be incorporated into the municipal solid waste permitting process. These options will be considered at the March 23 work session.
- Staff has also been asked to be prepared to discuss the pros and cons of single or bifurcated hearing to address land use issues in the landfill permitting process at the March 23 work session, but again, the commission did not change any of the current hearing procedures at this time.
- Staff was asked to notify the Advisory Council that their input and recommendations were needed prior to the March 23 work session.
- Interested persons will be allowed to submit written comments to the commission for consideration.
- Consideration of the agency's implementation of legislation enacted by the 75th Texas Legislature including the agency's efforts to work with the Interim Legislative Committees. The commission may also meet in closed meeting to receive legal advice regarding these matters, or any of the above matters, as authorized by Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. Any commission action, decision, or vote on these matters will be made in open meeting in accordance with Section 551.102 of the Open Meetings Act, Chapter 551 of the Government Code. No action taken.
- Planning for the next Commissioners’ Work Session. The next Commissioners’ Work Session is scheduled for Thursday, March 5, 1998, in E-201S, at 9:00 a.m. It will include the following issues: Voluntary Emissions Reduction Plan, Final Report of Findings by TechLaw, removal of vehicle scrappage from EPA SIP; repeal of vehicle scrappage rule; Environmental Council of the States (ECOS), the agency's implementation of legislation enacted by the 75th Texas Legislature, and the agency's efforts to work with the Interim Legislative Committees.