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Meeting Date:	02/26/2018
Rancho Viejo TCEQ Permit
Submitted for:	Erika Hernandez	Submitted By:	Erika Hernandez
Department:	Civil Legal Division

Subject:

Discussion and possible action to authorize the civil legal division to file a protest and request a contested public hearing against the application and preliminary decision of the Municipal Solid Waste Permit to Rancho Viejo Waste Management also referred to as the Pescadito Environmental Center for a Type I landfill facility; authorize the civil legal division to represent the county (community) regarding the protest and in the event of a contested public hearing represent the county; and any matters incident thereto. [Executive Session requested pursuant to Section 551.071(2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.]

Issue: RVWM has failed to obtain all necessary local permits as required by local, state, and federal law. The currently application as modified and preliminary decision by TCEQ is contrary to the Law. By not protesting TCEQ will not be aware of ongoing noncompliance with regulatory requirements. Before a permit is issued there is a time frame in which an individual or local community can submit their written protest to a permit. The filing of the brief and request for a contested public hearing is not litigation it is the formal review process for the issuance of TCEQ’s permitting.

Solution: File a brief and request a contested public hearing delineating local concerns and deficiencies as set out through the public notice published by TCEQ, issued on January 26, 2018. As a result, TCEQ will be formally advised of local issues and have the necessary information to render an informed decision prior to issuing a final permit.

Result: TCEQ will have information that will aid them in their final determination regarding permit.

Background:

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Previous Court Action:

Fiscal Impact

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Financial Impact:
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