Commissioners' Work Session
Wednesday, January 20, 1999
Room 201S, Building E, Park 35, Austin
- Docket No. 1998-0359-RUL. Consideration for adoption of amendments to 30 TAC Chapter 122 §§122.10, 122.130, 122.134, 122.201, 122.501, 122.503, 122.504, 122.506, 122.508, and new §§122.509 and 122.510. This item was continued to the February 10th Commissioners’ Agenda.
- Docket No. 1998-1462- RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 335, Section 335.9, concerning Record Keeping and Annual Reporting Procedures Applicable to Generators; Section 335.10, concerning Shipping and Reporting Procedures Applicable to Generators of Hazardous Waste or Class 1 Waste and Primary Exporters of Hazardous Waste; Section 335.15, concerning Recordkeeping and Reporting Requirements Applicable to Owners or Operators of Storage, Processing, or Disposal Facilities; Section 335.112, concerning Standards; Section 335.115, concerning Additional Reports; Section 335.117, concerning Recordkeeping and Reporting; Section 335.152, concerning Standards; Section 335.155, concerning Additional Reports; Section 335.159, concerning Hazardous Constituents; and 30 TAC Chapter 305, Section 305.50, concerning Additional Requirements for an Application for a Hazardous or Industrial Solid Waste Permit; and for publication of the proposed repeal of 30 TAC Section 335.114, concerning Reporting Requirements; Section 335.154, concerning Reporting Requirements for Owners and Operators; and Section 305.146, concerning Reporting. If approved, the proposed rules would reduce the reporting frequency for hazardous waste storage, processing, and disposal facilities; add an exemption to manifesting; correct a wording error; eliminate two hazardous waste storage, processing, and disposal facility application requirements; and eliminate a redundant reporting requirement. Wayne Harry (Waste/I&HW/Permits), Snehal Patel (OLS/Legal), and Hygie Reynolds (OPRD/Waste PRD) presented this item. The Commissioners approved the staff’s recommendation for publication as proposed.
- Docket No. 1998-0812-RUL. Consideration of adoption of new sections for and amendments to 30 TAC Chapter 50, relating to Purpose and Applicability; 30 TAC Chapter 288, relating to Water Conservation Plans, Guidelines, and Requirements; 30 TAC Chapter 293, relating to Water Districts; 30 TAC 294, relating to Underground Water Management Areas; 30 TAC Chapter 295, relating to Water Rights, Procedural; and 30 TAC Chapter 297, relating to Water Rights, Substantive. If adopted, the amendments will incorporate changes made to the Texas Water Code by Senate Bill 1 (1997) as well as earlier rulemaking efforts initiated at the time of the development and completion of the regulatory guidance document (RG-141, June 1995) for water rights applications. The proposal was published in the October 9, 1998 issue of the Texas Register (23 TexReg 10276). Mark Jordan (OPRD/Water PRD), Bruce Moulton (OPRD/Water PRD) and Robin Smith (OLS/Legal) presented this item. After considering public comment and recommendations from representatives of the San Antonio Water System and the Public Interest Counsel, the Commissioners approved the staff’s recommendation to adopt the new sections and amendments with the following changes:
- rewrite and make consistent the description of exemptions from special requirements of certain inter-basin transfers which are discussed in Sections 295.155 (d) (4) and 297.18 (k) (4);
- strike proposed language which would require the applicant to demonstrate that no feasible alternative to proposed appropriation exists at Section 297.50 (b) (3),and;
- rewrite the requirements at Section 295.161 for the applicant’s bed and banks notification to all downstream water rights holders of record in the case of a new discharge from a groundwater source, to be the same as notification requirements for a release from storage. In other words, bed and banks notification to water rights holders between the point of discharge to the point of diversion.
- Docket No. 1998-1528-EXE. The Commission met in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's General Counsel, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. No action was taken on this issue.
- Planning for the next Commissioners’ Work Session. The next work session is scheduled for Friday, January 29th at 9:30 a.m.