Marked Agenda

Commissioners' Work Session (Closed Meeting)
Friday, November 19, 1999
8:30 a.m.
Room 201S, Building E, Park 35, Austin

  1. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code. No action taken on this item.

  2. Docket No. 1999-0024-EXE. The commission will conduct a closed meeting to receive legal advice and will discuss pending or contemplated litigation, settlement offers, and/or the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of specific commission employees, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code. No action taken on this item.

  3. Docket No. 1999-0025-EXE. The commission will conduct a closed session to discuss their duties, roles, and responsibilities as commissioners of the TNRCC pursuant to section 551.074 of the open meetings act, codified as chapter 551 of the government code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code. No action taken on this item.


Marked Agenda

Commissioners' Work Session (Open Meeting)
Friday, November 19, 1999
9:30 a.m.
Room 201S, Building E, Park 35, Austin

New Business

  1. Discussion of two Agency Reports on enforcement actions from various media including Agriculture, Air, Industrial & Hazardous Waste, Municipal Solid Waste, Occupational Certification, Petroleum Storage Tanks, Public Water Supply, Water Quality, and Multi-Media. Anne Dobbs OCE/Enforcement presented this issue. Anne was directed to prepare for the next work session, a presentation comparing enforcement actions for the last 3 fiscal years which could possibly show trends that might be of concern. No further action taken.

  2. Consideration of the legal and policy issues related to municipal solid waste landfills or portions of landfills that are in inactive or closed status, including permit transfer, Class I modifications, permit revocation, post closure care, and public participation requirements. The Commission may also consider expanding the scope of ongoing rulemaking projects to incorporate amendments to rules affecting inactive or closed sites. Jim Phillips, Irene Montelongo, Vic Ramirez, Fread Houston, and Marissa Parales, OLS presented this issue. Staff stated one of the reasons for bringing this issue before the Commissioners was to initiate a dialogue on how to deal with landfill facility owners/operators whose facilities have ceased to accept waste or are in various stages of closure, post-closure, or have entered an "inactive status". These facilities have recently prompted discussion as to whether they should be allowed to resume operations. Program staff have identified approximately 1,200 landfill sites which meet this description. Many sites have been closed by their owners/operators and the permits have expired by their own terms. Others simply suspended disposal operations instead of investing funds to upgrade to meet Subtitle D requirements. Approximately 500 files include closure affidavits for less than the total permitted acreage. Within those 500 files, 65 include letters expressing actual intent to remain in an inactive status. More work to confirm the actual status of the sites and permits remains to be completed and may require some inspection work by Field Operations Division. Staff posed a number of questions. Chairman Huston stated we need to induce a decision on the part of the owners/operators to bring to closure their inactive permits. Staff was directed to draft a letter to be sent to the owners/operators of the1,200 landfill sites in early January. The letter will give owners/operators a 30 day response time to show cause to re-open their facilities, would require a demonstration of viability to the council of governments, and require compliance with Subtitle D requirements. In addition, program staff is to continue to develop a mechanism to adopt to bring finality to the inactive status of permits through dialog with the MSW Advisory Council and councils of government. Staff was directed to revisit this issue at work session on February 11, 2000.

  3. Consideration of Executive Director's request for approval of Commission order under 30 TAC 321.39 requiring that applicants for a new confined animal feeding operation (CAFO) registration or an expansion in the number of animal units authorized by a CAFO registration submit and operate under a certified Nutrient Utilization Plan if the CAFO is located in the watershed of Segment 1226 of the North Bosque River or Segment 1255 of the Upper North Bosque River. Counties affected include portions of Erath, Hamilton, Bosque, Coryell, Somervell, and McLennan Counties. This issue was presented by Margaret Hoffman, ELD, Mark Jordan, OEPAA, and Clifton Wise, OPRR. Staff recommended issuance of an order requiring that new CAFOs or expansions of existing CAFOs in segments 1226 of the North Bosque River and 1255 of the Upper North Bosque River be authorized by individually issued permits unless the applicant has filed with its registration and operates under a certified Nutrient Utilization Plan. This applies to pending as well as future registration requests and will be in effect until the TMDL implementation plan for the respective segment has been completed and approved by the Commission and the order is rescinded or expires upon ties own terms. The recommended order was adopted with minor grammatical revisions.

  4. Consideration of issues relating to implementation of the Safe Drinking Water Act. This issue was presented by Steve Walden and Charles Maddox, OPRR, and Carol Batterton, OCE. Chairman Huston commented the briefing materials were very helpful. No action taken.

  5. Consideration of activities associated with State Implementation Plans and update on court decision concerning the 8-hour ozone designation. This issue was not discussed.

  6. Consideration of legislative implementation affecting the TNRCC and other issues related to actions taken by the 76th Texas Legislature. 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. This issue was not discussed.

  7. Planning for the next Commissioners' Work Session. The Commissioners' Work Session for December 3 is canceled. The next Commissioners' Work Session will be convened on January 14, 2000 at Building C, Room 131E.