Discussion of the Monthly Enforcement Report for March, 2000. This issue was presented by Anne Dobbs, OCE/Enforcement. No action taken on this issue.
Consideration of the legal and policy issues related to municipal solid waste permits for facilities which have not received waste for a period of time or have not been constructed; and related to future requests to classify a permit, facility, or landfill as inactive, including Class I permit modifications, major permit amendments, permit revocation, procedures to resume operations, and permit reformatting. The commission may consider expanding the scope of ongoing rulemaking projects to establish procedures to classify a permit, facility, or landfill as inactive, procedures to resume operations which make provision for public participation opportunities, and requirements that permit changes commonly referred to as "Subtitle D upgrades" will be considered in the major permit amendment process rather than through a Class I permit modification. The Commission may also address existing policy on permit changes not eligible for Class I modifications, and consider pursuing a statutory change to authorize the assessment of a fee to cover costs related to oversight of facilities or landfills in inactive status. Irene Montelongo, OLS, Dale Burnett, John Forehand and Dorca Zaragoza-Stone, Waste Permits presented this issue. Updating issues directed from the February work session, staff addressed the process of re-opening an inactive site and any necessary changes to the permit. Resource impacts necessary to conduct inspections of the facilities identified as needing a field inspection have been resolved. Staff presented a number of recommendations:
process the "no response" permits through the involuntary permit revocation process. Chairman Huston favored this.
develop appropriate legislation that will authorize a facility fee on persons holding MSW permits. Not acted on.
finish processing voluntary permit revocations requests. The Commission favored this recommendation.
implement an option to set out a process to go from "inactive status" to resumption of operations which if timely received, includes public participation and other technical and administrative requirements currently cited in appropriate parts of Chapter 330; Subtitle D upgrades to an inactive landfill would no longer be processed as permit modifications but as amendments starting on May 19, 2000, thereby allowing public notice opportunities. Commission action: The Commissioners favored aspects of this recommendation. The Commissioners decided to continue to process strictly Subtitle D upgrade requests to inactive landfills as a modification for three years until May 19, 2003. The Commissioners gave additional directions to staff to propose changes to the modification rules under Chapter 305.70, establish a 3 year window ending on May 19, 2003, after which Subtitle D upgrades would be a major amendment, and make any inactive landfill that was inactive for over 5 years subject to a land use only public hearing before reopening. The Executive Director will provide notice of action on these requests. This notice would provide information to the public and an opportunity to file a motion for reconsideration. The Commissioners also directed the Executive Director to provide notice when he approves a permit modification to upgrade an inactive landfill to meet Subtitle D requirements. The Executive Director will issue an announcement of these changes to the agency practice. Staff was directed to develop a more stringent permit modification process that includes changes which would trigger an amendment to the permit. Additionally, staff was directed to begin work on rules to update current permit modifications referred to in the November 19, 1997 letter referenced in the discussion.
continue current practice with permitted inactive transfer stations intending future operations as a Type 1, or Type IV facility. Not acted on.
require strict compliance with monitoring and reporting currently required. Not acted on.
notify legislators regarding Class I permit modification requests filed with the agency by facilities which have requested inactive status and facilities which are permitted, but have never accepted waste. The Commission favored this recommendation and directed staff to notify legislators in these situations.
Discussion of the FY 2001 Operating Budget. Machelle Pharr, CFO, and Mike Roberson, Budget and Planning presented this issue. No action was taken. Staff intends to return to the June Work Session with a final version of FY 2001 Operating Budget.
Update and discussion of issues regarding agency's response to the drought. This issue was presented by Charles Maddox, and Mike Lannen, Public Drinking Water Section, and Herman Settlemeyer, Water Permits. There was no action taken on this item.
Consideration of activities and comments associated with State Implementation Plans and update on the 8-hour ozone designation. This issue was presented by Randy Wood, OEPAA. There was no action taken on this issue.
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 withSection 551.102 of the Open Meetings Act, Chapter 551 of the Government Code. This issue was not discussed.
Planning for the next Commissioners' Work Session. The June 16 work session has to be rescheduled due to conflicts. Issues planned for presentation at this work session are Enforcement Reports, Legislative Appropriations Request, portable air permits, TMDL/303d, 8 hour update and standing issues. Sunset Report will be presented during a special work session scheduled for June 8.