HomeMy WebLinkAboutC2008-518 - 12/16/2008 - Approved~~t
' .;
COMPLIANCE AGREEMENT
The City of Corpus Christi, Texas
7.C. Elliott Landfill
Type 1 Municipal Solid Waste Landfill in Nueces County, Texas
Permit No. MSW-423B
THIS COMPLIANCE AGREEMENT is made and entered into by the Executive Duector
("ED") of the Texas Commission on Environmental Quality ("TCEQ" or the
"Commission") and the City of Corpus Christi, Texas (the "City").
I. RECITALS
1. TCEQ is the state agency charged with enforcing the Texas Solid Waste Disposal
Act, TEX. IISALTH & .SAFETY CODE Chapter 361 (the "Code"), and the regulations
promulgated pursuant to the Code.
2. The City owns a Type I municipal solid waste ("MSW') landfill, known as the
J.C. Elliott Landfill (the "Elliott Landfill"), located at 7001 Ayers Street in
Corpus Christi, Nueces County, Texas, Permit No. MSW-423B.
The City ceased acceptance of waste at the Elliott Landfill on November 10,
2007.
4. The City published public notice on March 25, 2008, in the Corpus Christi Caller
Times stating that the Elliott Landfill was no longer accepting waste and directing
waste disposal customers to either the City's Cefd Valenzuela Landfill or its
Elliott Transfer Station.
5. The City placed a sign at the Facility entrance informing waste disposal customers
that the Elliott Landfill is no longer accepting waste and directing them to either
the City's Cefe Valenzuela Landfill or its Elliott Transfer Station.
6. The City was issued a pernrit modification on May 23, 2008, which allowed for a
permanent height increase during closure activities at the Elliott Landfill.
II. TERMS AND CONDITIONS
In order to effectuate the purposes of the Texas Solid Waste Disposal Act and
related regulations the provisions of this Compliance Agreement are as follows:
The C' shall sell bdedicated to final closure of the Elliott Landfill on or
before 31,
t2,~ -o~
2008-518 ~' i18~~
M2008-337
12/16/08
TCEQ
~% ` ~•S ~ r
Compliance Agreement
The City of Corpus Christi
Page 2
2. Within thirty (30) business days of completion of the bond sale, the. City Council
shall approve the commencement of final closure activities.
3. Within sixty (60) days of the City Council approval of final closure activities,
.closure construction shall begin.
4. Closure construction shall be completed within 180 days of initiation.
Should unforeseen circumstances, including force majeure, indicate a need to
alter the above-mentioned schedule, the City shall immediately notify TCEQ and
request an amendment of this Compliance Agreement.
6. So long as the City remains in full compliance with the terms of this Compliance
Agreement, TCEQ shall not initiate any enforcement action related to the Elliott
Landfill closure activities covered by this Compliance Agreement.
7.. All notices and communications hereunder shall be in writing and shall be given
by United States registered mail or certified mail, with return receipt requested,
postage prepaid, or by United States Express Mail (or other overnight delivery
service such as Federal Express) or courier service to the parties at the following
addresses:
If to TCEQ: Mr. John Sadlier
Deputy Director
Enforcement Division (MC-172)
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, Texas 78711-3087
If to the City: Mr. Lawrence Mikolajczyk
Acting Director
Streets and Solid Waste Services
2525 Hygeia Street
Corpus Christi, Texas 78415
With a copy to: Ms. Elizabeth Hundley
Assistant City Attorney
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
~;
Compliance Agreement
The City of Corpus Christi
Page 3
8. The effective date of this Compliance Agreement is the date last executed by both
parties. Acceptance of the terms of this Compliance Agreement is indicated by
the signatures below.
A o ized Representative of the Title Date
City of Corpus Christi
~ ~-S~"--
7 hn adlier, Deputy Director
of Compliance & Enforcement
Texas Commission on Environmental Quality
ATTEST: --...~..~.;...~.~ ~c3~xsxt
ARr~arvrx> cru~a
c;rN secaaraa°
iZ S ~
ate
"`~-~"O ~ ~3~! gUTHURItE~
34 C~tl19CfL..,.,r~Z,~,~,
5EC ~ RY ,