CASE SUMMARY AND OUTCOME from the TCEQ Commissioners’ Agenda meeting on 08-06-08: TCEQ Docket No. 2006-1931-MSW; SOAH Docket No. 582-07-0863. Consideration of the Administrative Law Judge’s Proposal for Decision and Order regarding the application of Waste Management of Texas, Inc., MSW Permit No. 66B, for authorization of a major amendment to the existing Comal County Landfill in Comal County, expanding into Guadalupe County, Texas, and to rename the facility the Mesquite Creek Landfill. The Commission will also consider timely public comments and the Executive Director’s Response to such comments; the application and related filings, exceptions and replies. (Anthony Tatu)
Adopt the ALJ’s Proposed Order, granting the permit amendment to Waste Management, Inc. with the following changes: adopt typographical corrections to Finding of Fact Nos. 20, 32, 37b, 58b and 143, as recommended by the Applicant and agreed to by the ALJ; delete Finding of Fact 99; delete Finding of Fact 142; delete Conclusion of Law 14; delete Ordering Provision 1a; revise paragraph II.A. of the draft permit to read, “the operating hours for receipt of waste and for all landfill-related operations at this municipal solid waste facility shall be as specified in the site operating plan”; add a new ordering provision to adopt the Executive Director’s Response to Public Comment; and correct a citation in Finding of Fact 46c from 33.231[a] to 330.231(a). LS/BS; all agree. (3-0 vote).
REVISION of the previously-adopted, Proposed Order from the TCEQ commissioners’ agenda meeting (08-06-08) on 09-10-08: TCEQ Docket No. 2006-1931-MSW; SOAH Docket No. 582-07-0863. Reconsideration of the Texas Commission on Environmental Quality’s August 6, 2008 decision following the Administrative Law Judge’s Proposal for Decision and Order regarding the application of Waste Management of Texas, Inc., MSW Permit No. 66B, for authorization of a major amendment to the existing Comal County Landfill in Comal County, expanding into Guadalupe County, Texas, and to rename the facility the Mesquite Creek Landfill. The Commission will limit its reconsideration of this matter to what appropriate site operating hours should be designated for the facility.
Set aside the Commission’s August 6, 2008 deletion of Finding of Fact No. 99, Conclusion of Law No. 14, and Ordering Provision No. 1.a. Set aside the language adopted on August 6, 2008 amending the draft permit Section II.A. and direct the Executive Director to make changes to the permit to effectuate the hours set forth in the applicant’s exceptions. Adopt the applicant’s exceptions regarding operating hours, including its proposed revisions to Finding of Fact Nos. 97-99, Conclusion of Law No. 14, and Ordering Provision No. 1.a. All other aspects of the Commission’s August 6, 2008 decision will remain as stated on August 6, 2008. LS/BS; all agree. (3-0 vote).