The TQEQ met on July 19, 2023, to take up discussion and possible action on agenda items. A copy of the agenda can be found here. An archive of the meeting can be found here.
This report is intended to give you an overview and highlight the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer.
Ben Matthews, Ben Matthews and Freeland Law Firm, Applicant
- Representing Alan Wilkey, Engineer and Vice President from CDM Smith
- Want them to adopt the proposed order and issue the executive directors draft permit
- Aubrey Pawelka, Executive Directors Staff – Propose that they issue the draft permit because they cannot find anything lawfully wrong with it; grant application and issue draft permit
- Eli Martinez, OPIC – Agree with protestants; disagree and they need further floodplain research
- Commissioner Niermann – 217 provisions doesn’t need to be submitted till after the permit is issued?
- Martinez – I believe 309 rules predicate to the permit issues
- Matthews – The record demonstrates that under the 309 rules, the 217 criteria can be done before this permit issuance or during the plans and specs review.
- Commissioner Niermann – Applicants confirm that the facility will comply with floodplain plans
- Applicants plans will be judged against a map that FEMA hasn’t released yet
- Commissioners are being asked to prove something where information isn’t available
- The permit includes certain provisions to protect the facility from the 100 year flood
- Agree with ALG that the protestants don’t have enough evidence to overturn applicants
- Commissioner Janecka – Satisfied with the process and is comfortable moving forward
- Commissioner Lindely – Motion to adopt and issue the permit passes unanimously
James Aldridge, Winstead PC, representing the Applicant
- Selinger(applicant) cannot make it. Mr. Selinger is the owner of the property. The record is available and should allow for the Commissioners to issue a permit
- Emily Rogers, Represent the cities of Ennis and Waxahachie, and Ellis County- Commissioner should deny the permit as recommended by the ALJ. Notes that the cities agree
- Two reasons: 1- land ownership, 2: regionalization
- The PFD recommended denial of the application because he submitted an application with the Commission when he did not own the property and he also provided false information
- Selinger had multiple opportunities to own up and didn’t
- Cities also recommend that failing to comply with the regionalization agreement is an additional reason to deny application.
- Aubrey Pawelka- Application should be denied
- Eli Martinez- believes that Mr. Selinger is a rightful landowner and the issue should be adopted
- James Aldridge- complete denial of the permit is too extreme for a man trying to use his land ownership rights
- Commissioner Niermann- Main issue is not if Mr. Selinger is the landowner but at the time he submitted the application November 1st, 2020, owned the land, or had the landowner’s consent to submit the application
- Concludes that he did not, and he had multiple opportunities to do a cross examination
- Motion that would change a few findings of facts
- Commissioner Lindley: What facts?
- Niermann: Delete fact 35, restate fact 59, and rewrite to state Mr. Selinger was not the owner of the land when the application was filed
- Moves to deny permit and it passes unanimously
- Commissioner Janecka motions to deny the hearing request filed from Ruth Perez and approve the application passes unanimously
- Commissioner Lindley moves to accept the request and it passes unanimously
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- Commissioner Niermann- Grant hearing request for the following people
- Robert Allston, Carol Allston, Jack and Vicki Schmliar, Jimmy and Stacy Driscoll, Emile and Judy Langer, Leslie Mock, Nancy Mock, Cheryl and Stuart Maddux, Ernest Martinez, Jennifer Martinez, Marvin Lee Martinez, Charlie Pozar, Adele Pozar, Jeff Pozar, Alan and Deborah Prokle, Randy Lynn, Kathy Ray, David and Renee Stiff, and Jacob Zinell
- Moves to further deny request and refer the matter and all are in favor
- Commissioner Janecka moves for adoption and all are in favor
Nicole Hall, Water Quality Planning
- Requests adoption
- Eli Martinez- Supports the adoption
- Commissioners unanimously support adoption
Item 8-38
Melissa Cordell, Executive Directors Staff, Enforcement Division
- Requests the approval of the item
- The total assessed Administrative Penalties are $1.3 million with $155,000 deferred, $499,732 applied towards supplemental environmental projects, and $596,794 to General Revenue
- General Counsel Mary Smith- On items 10-18, 20, 22, and 24 there are individuals here to answer questions
- Eli Martinez- Items are in acceptable and requests approval
- Commissioner Lindley- Moves to move Item 36 to the Executive Director and to adopt items 8-35, 37, and 38 and all are in favor
- Melissa Cordell- 72 effective administrative orders were issued with 88 containing supplemental environmental projects
- Many news hires and a vacancy rate of 9% which has been a previous issue
- Commissioners unanimously support adoption
- David Munzenmaier, Air Permits Division- Requesting withdrawal of the proposed amendment of Chapter 116
- Wants to ensure and proposed rule language remains consistent with existing statute
- Margaret Ward, Represents the Concrete Association- In support of the withdrawal
- Commissioner Lindley – Motion to withdraw the proposed amendment as requested by the Executive Director and all are in favor
- Jessica Uramkin, Waste Permit Division – Recommends adoption of the rule making to Chapter 330
- Jennifer Jamison, OPIC- In support of the adoption of the amendments as proposed by the Executive Director
- Commissioner Janecka moves to adopt the amendments as recommended by the Executive Director and all in favor
Item 42-45: Quadrennial Rule reviews for Chapters 17, 18, 298, and 334 of the Texas Administrative Code Title 30
- Gwen Ricco, Executive Director, General Law Division- Executive Directors did a review of the chapters to determine if the rules within the chapters continue to exist
- All of them continue to exist and request the approval of the adoption of the rule review
- Eli Martinez– All of the chapters continue to exist supports readoption
- Commissioner Lindley moves to adopt the rule reviews and all are in favor
Item 46: The Commission will receive comments from the public on any matters within the jurisdiction of the Texas Commission on Environmental Quality in accordance with Texas Water Code Section 5.112, except for pending permitting matters or other contested cases, which are subject to the ex parte prohibition found in Texas Government Code Section 2001.061
Commissioners unanimously support adoption
Item 47-50: Close Session
Meeting Adjourned