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Home My WebLink About021630 RES - 04/13/1993April 28, 1993 On April 22, 1993, an error was discovered on the numbering of the following resolutions/ordinances. The resolutions/ordinances have been renumbered, and the corrected copies are on file in the City Secretary's Office: WAS DESCRIPTION IS 021624 Returns and Results - April 3, 1993 021624-1/2 021610 Resolution on Landfill Regulations 021630 021611 Mercantile Bank 021631 021612 Street Closings - Naval Air Station 021632 021613 Lease - Las Carabelas 021633 Armando Chap City Secretary .FILMED A RESOLUTION CONCERNING PROPOSED LANDFILL REGULATIONS WHEREAS, the City of Corpus Christi controls the collecting and processing of municipal solid waste in the city to protect the public health and safety; and WHEREAS, proposed regulations for landfills have been formulated by the Texas Water Commission and published in the Texas Register that would result in extremely expensive and unnecessary requirements for municipal governments; and WHEREAS, naturally occurring clay at the City's landfill protects ground water from pollution; and WHEREAS, the proposed of plastic liners at municipal clay lining practices, unless criteria, which are impractical, clay lining; and regulations would require the use landfills in addition to existing engineering measures and testing are met to justify the sole use of WHEREAS, the City has estimated the cost for plastic liners to be approximately $580,000 annually which would result in an increase of approximately 266 per month for residential garbage collection customers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council urges members of the Texas Water Commission to amend proposed regulations for municipal solid waste landfills to incorporate reasonable standards for clay liners. SECTION 2. That the City Council supports the letter (attached as exhibit A) from the Texas Chapter of the Solid Waste Association of North America addressing their concern with the Texas Water Commission's interpretation of the Federal Register Sub -title "D." SECTION 3. That the City Secretary is instructed to send copies of this resolution to Governor Ann Richards, Senator Carlos Truan, State Representative Hugo Berlanga, State Representative Todd Hunter, and Texas Water Commissioners John Hall, Pam Reed, and Peggy Garner. ATTEST: City Secretary MAYOR APPROVED: e DAY OF Apo: ( , 1913 JAMES R.RAY, Cit ttorney \ord\93027.skp 1 JR., CITY ATTORNEY T ITY OF CORPUS CHRISTI 021630 MICROFILMED SWANA r'(li!olool ii 4 0 i' SOLID WASTE SSOCIATION OF ORM AMERICA Texas Lone Star Chapter Officers Nancy Nevi! City of Plano President Lee Ramirez, City of Lubbock Vice -President Bob Bruner, City of Corpus Christi Secretary Vance Kemler, Gulf Coast Waste Disposal Authority Treasurer Don Gutierrez, City of Houston Director, International Board Dan Brotton, City of Tyler Chapter Director Pedro Mendez. City of San Antonio Chapter Director Bill Hindman. HDR Engineering Inc. Chapter Director John labrie, City of Beaumont Chapter Director Jim Smith, City of College Station Chapter Director Blanca Vasquez, City of EI Paso Chapter Director Joe Word, City of Austin Chapter Director Ken Smith, City of Garland Chapter Director Pete Pisloli, City of Farmers Branch Chapter Director Texas Lone Star Chapter n r`j printed on recycled paper Dear Elected Official: April 1, 1993 The Texas Water Commission's (TWC) final draft of the proposed revisions to the Municipal Solid Waste Management Rules was published in the March 9, 1993 Texas Register. After review, it appears there are still many areas where TWC staff's interpretation of the Federal Sub -title "0" criteria has resulted in unnecessary requirements which will have adverse and extremely expensive impacts on landfill operators and elected officials who will have to pass the cost along to the public. You will recall, after the first proposed changes to the rules were published on November 12, 1991, the efforts of SWANA, TML, TPWA, CEC and other organizations resulted in the proposed changes being withdrawn and the following commitments from the Texas Water Commissioners: * that there would be one set of proposed changes to permanently address meeting the requirements of the EPA Sub - Title "D" criteria. * that the TWC staff would be directed not to exceed the requirements of the Federal Sub -title "D" criteria. Since that time, the TWC staff has prepared additional drafts (at least 10) and reviewed them with the Regulatory Oversight Committee of the TWC Municipal Solid Waste Management and Resource Recovery Advisory Council. TX-SWANA, along with other interested parties, was able to comment and recommend changes. After reviewing the final draft (March 9, 1993), TX-SWANA has identified several critical areas where either new requirements were written into the rules and/or previously agreed upon requirements that were to be deleted or revised were re-entered into the proposed rules. Implementation of these proposed regulations would place a tremendous and unjustified financial burden on cities and taxpayers; therefore, it is imperative that elected officials object to any unnecessary requirements by making comments at the public bearings (written or verbal) or submit your comments in writing by April 9, 1993. The public hearings begin April 12, 1993 and are scheduled as follows: April 12, 1993 9am-12 noon, Costal Bend COG April 12, 1993 3pm-6pm, Houston -Galveston Area COG April 13, 1993 9am-12 noon, North Central TX COG April 13, 1993 3pm-6pm, West Central TX COG April 14, 1993 9am-12 noon, Panhandle Reg. Planning Comm. April 14, 1993 3pm-6pm, Permian Basin Reg. Planning Comm. April 15, 1993 1pm-4pm, TWC-Austin, Texas ?XAMI'I. OF MAJOR ORANGES •fO THE TWC FINAI, RUIr)I(AFT TEXAS Rb:CIS•17?R - 111ARCII 9, 1993 330.1 (b) "an obligation to apply for a change to his permit" A new undefined tern. Make sure this does not require a public hearing for Sub Title "D" revisions. 330.2 "Buffer Zones must be free of municipal solid waste management activities" This would include all items, i.e. roads, monitoring wells, drainage, etc. impossible for many existing sites and would reduce relics( volume in figure landfills. 330.41 (b) "The operating and design standards". 77ds will require pennined Type t .sires to meet all changes in figure permit design criteria. Extremely expensive and possibly impossible to accomplish far many existing sites. 330.41(e)Type IV are authorized to receive "Household" wastes free of putrescible wastes. Sub Title "D" only uses Household waste to defne which sites are required to meet the Federal Criteria 330.41(e) TWC added "Permit Procedures". This should be deleted. This could impact permits design rapacity by a stop to use 4:1 slopes. Also the depth of the site, ballasts, etc. 330.55(b)(3) "A run-off management system from the active portion of the landfill to collect (*) and control". *"channel" should he added to clarify what staff has agreed to in discussions. 330.56(d)(3)(A) "An identifications of any fault The information about faulting and subsidence shall include at least that required in 330.* (b)." Delete "any" - Sub Tide "D" requires only Miocene faults. *Add 3301a). 330.119 Site sign - delete all. Add public entrance only. 330.121 (a) delete "Facility operations". This mild preclude all activities, i.e. gas wells, monitoring wells. Also would require existing sites 10 remove any activities in the Easements' and Soffer Zones. New requirement - No solid waste disposal shall occur within 25 bot r f the center line of any utility line or pipe line. This will reduce volume far overhead lines. 330.123 Requires the operator to clean up all waste materials within 2 utiles on all public access roads from any entrance. Delete all and any. Add increased waste and only from the public entrance. 330.127 (c) "All onsite and other access roadways Access roadways shall be regraded as necessary to (*) prevent depressions, ruts and potholes." *Add "minimize". Delete prevent. 11 is unreasonable to require total preventiveness. " 330.133(a)+' 'Jy Cover: - New undefined terms "partial tires" and "active dist), area". All terms .should be dofined. /t is impossible to comply without. Need a clear understanding o/the TWC intent. 330.133 (b) Run off - new language since January 5, 1993 draft. Delete the balance of (h) or add "daily" or "intermediate" cover. 330.200 (e) Type IV landfills: (1) New definition of instill liners in last sentence - will impact Type 1 & 11 330.206 (b) Each SLER and FMLER: "The evaluated disposal trench, excavation, or area shall not be used until approved by TWC. TWC will make "every effort to respond verbally or in writing within 14 days...." This gives the staff the right m not approve within 14 days. All they need to do is call and say they have a delay. Recommend that this be reworded to require the TWC to either reject or approve within 14 clays. Ifni) response within 14 days, the SLER or FMLER is approved. 330.255 (1) "Any on-site permanent enclosed structures within 1000 feet be designed and constructed with following criteria:" This is not required by Sub Title "D" or current rules. The criteria would be extremely expensive to build. This is to meet Senator Barriento's concerns and is sponsoring a proposed hill on this mailer. Reconmhended change 1000 feet to 100 feet and mum' to say: Within 100 feet of any waste disposal area on a closed MSWLF (delete unit) facility 330.56 Attachments (b) (4) under attachment 2: appears to require a toe berm on all aerial fillls. Needs clarification 330.55 (b) (5) (A) Under drainage calculations, time of concentration not less than 10 minutes, stricter than highway deparunern, which had been standard, of 20 minutes. By cutting to 10 minutes causes drainage facilities to be larger. Has w do with calculating runoff (quantity). 10 is an arbitrary number, predicts more seater, nuns up costs, needs larger ditches. 330.55 (b) (8) (B) References 24 hrs/25 yr storm Soil erosion isheing applied to current petmiting seal. SCS developed bawd on erosion to crop lard. No way to meet 2 tons per acre soil loss without 6 to 1 slopes or flatter and adding gallons. Onip way to meet standard with/flat slopes, gabions and terraces. Sub 'Title D does not address this. 330.56 (b)(4) Requires soil borings to be 5 feet or 30 feet below the deepest excavations. 7his can result in excessive depth of soil borings (and costs per,/:rot) on a slope where the depth o/'excavation varies over a sight with major topographic changes. Reword to S feet or 30feet below the depth o fexcavations where the soil borings is being made. 339.200(e) 1,2,3 All new requirements. These should be deleted. They exceed Sub Title "D" requirements. 330.202 Alternate design Delete "rigorous" Corpus Christi, Texas /3 day of ,19 9 3 The above resolution was passed by the following vote: Mary Rhodes Cezar Galindo Lco Guerrcie Betty Jean Longoria Edward A. Martin ,:oc ivicc^snl� Dr. David McNichols Clif Moss Mary Pat Slavik 066 r lig 021630