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Home My WebLink AboutPR 23183: RATIFIATION OF THE PAYMENT OF THE SECOND QUARTER SOLID WASTE PERMIT FEE FOR THE LANDFILL TO TCEQ vi? f.i i l"I i;:f I'1 www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: May 23, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Flozelle C. Roberts, EIT, MEng, MBA, Public Works Director RE: P.R.23183 —Ratification of the Payment of the Second Quarter Solid Waste Permit Fee for the Landfill to TCEQ Introduction: This agenda item requests Council's ratification of the City Manager's decision to authorize payment of the second quarter solid waste permit fees for the Landfill. Background: In accordance with the Texas Health and Safety Code, Section 361.135, and Title 30 Texas Administrative Code(TAC), Section 335.324,the landfill is assessed an annual facility fee,paid quarterly, for having a Class 1 industrial solid waste or hazardous waste permit. This quarter's permit fee of $28,486.61 exceeds the City Manager's spending authority, prompting the payment request for compliance and avoiding late fees. Budget Impact: The total budgetary impact is $28,486.61, and funding is available in the Landfill's Regulatory Costs Account, 403-50-320-5471-00-00-000. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 Recommendation: It is recommended that the City of Port Arthur City Council approve Proposed Resolution 23183 ratifying the City Manger's decision to pay the second quarter solid waste permit fee for the Landfill to the Texas Commission on Environmental Quality. "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 PR No.23183 5/23/2023 FCR Page 1 of 3 RESOLUTION NO. A RESOLUTION RATIFYING THE CITY MANAGER'S DECISION TO AUTHORIZE THE PAYMENT OF THE SECOND QUARTER SOLID WASTE PERMIT FEE FOR THE LANDFILL TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY WITH A BUDGETARY IMPACT OF$28,486.61. FUNDING IS AVAILABLE IN THE LANDFILL'S REGULATORY COSTS ACCOUNT, 403-50-320-5471-00-00- 000. WHEREAS, in accordance with the Texas Health and Safety Code, Section 361.135, and Title 30 Texas Administrative Code (TAC), Section 335.324, the Landfill is assessed an annual facility fee, paid quarterly, for having a Class 1 industrial solid waste or hazardous waste permit; and, WHEREAS, on May 24, 2023, the City Manager signed a memo (Exhibit A) authorizing the payment of the second quarter permit fee of$28,486.61,exceeding the City Manager's spending authority and prompting the issuance of a fee payment for compliance and avoiding late fees;and, WHEREAS, pursuant to the Texas Local Government Code Section 252.022(a)(2), this payment is necessary to preserve or protect the public health or safety of the municipality's residents. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Council of the City of Port Arthur hereby ratifies the City Manager's decision to authorize the payment of$28,486.61 for the second quarter permit fee to the Texas Commission on Environmental Quality (Exhibit B); and, PR No.23183 5/23/2023 FCR Page 2 of 3 THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of , A.D. 2023 at a meeting of the City of Port Arthur, Texas, by the following vote: Ayes: Mayor: Councilmembers: Noes: Thurman Bill Bartie Mayor ATTEST: Sherri Bellard, TRMC City Secretary APPROVED AS TO FORM: 70U}Tied ke) alecia T. no, Esq. City Atto ey PR No.23183 5/23/2023 FCR Page 3 of 3 APPROVED FOR ADMINISTRATION: Ronald Burton, CPM zel e C oberts, EIT, n , A City Manager Director f ublic Wor APPROVED AS FOR AVAILABILITY OF FUNDS: cy./\..A. ..1) Thn loCki(n 006 U ( KandyDanie Clifton Williams, CPPB q-5 Director of Finance Purchasing Manager PR No.23183 Exhibit A e\`` / G s /�h�; i,;\� dr i *iiort rthu�r`y_ Teraz: www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: May 23, 2023 To: Ronald Burton, City Manager From: Flozelle C. Roberts, EIT, MEng, MBA, Public Works Director RE: Approval of the Payment of Q2 TCEQ Solid Waste Fee for the Landfill The Texas Commission on Environmental Quality (TCEQ) assesses an annual facility fee, paid quarterly, for landfills that hold a Class 1 industrial solid waste or hazardous waste permit. The fee is authorized under the Texas Health and Safety Code, Section 361.135; and Title 30 Texas Administrative Code (TAC), Section 335.324. Emergency approval is requested of the City Manager to pay the second quarter solid waste permit fee of$28,486.61 by the due date to remain in compliance and avoid incurring late fees. A proposed resolution will be presented to the City Council for ratification. I, Ronald Burton, hereby approve the emergency payment of the second quarter solid waste permit fee for the Landfill. Ronald B on City ager "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 PR No.23183 Exhibit B CHECK REQUEST PAYEE: Texas Commission on DATE: May 18, 2023 Environmental Quality DPT/DIV: P. W. - Landfill P.O. Box 13086 AMOUNT: $28,486.61 Austin, TX 78711-3089 ACCOUNT NO.: 403-50-320-5471-00-00-000 INVOICE NO.: SWD0028502 DESCRIPTION/EXPLANATION: Permit Fee SPECIAL HANDLING INSTRUCTIONS: MULTI-ACCOUNT DISTRIBUTION INVOICE DESCRIPTION AMOUNT SWD0028502 Solid Waste Quarter 2 Permit Fee $28,486.61 APPROVED BY: Division Head: ; _�� "wit Department Dire or: ►a, / / / � Accounting Supervisor: 40 Ergo TEXAS COMMISSION ON COMPANY: CITY ENVIRONMENTAL QUALITY INVOICE ACCOUNT: 085 0OF5 PORT ARTHUR Mal DETACH BOTTOM PORTION AND RETURN ORIGINAL COUPON WITH PAYMENT PAGE 1 ACCOUNT NO. INCLUDES PAYMENTS THROUGH: COLL COST RECOVERY LATE FEES BALANCE DUE 0708552 APR12,23 0.00 0.00 28,486.61 INVOICE DATE INVOICE NO. DESCRIPTION AMOUNT BALANCE APR30,23 SWD0028502 PERMIT 1815A FY23 Q2 28,486.61 28,486.61 SOLID WASTE FEE 403--�a/ 3 ZD ®51fV-'A9—'-'o etie.,- - 7Z4.611--ex—____ City of Port Arthur Public Works Adminstration MAT 0 1 2023 RECEIVED J /02o 5-r Please return the original powi payment. For technical information 28,486.61 please call 512-239-0517. See REVERSE SIDE for Explanation of Charges and TCEQ Contact Telephone Numbers. PLEASE PAY THIS AMOUNT TTT INCLUDE ACCOUNT NUMBER ON CHECK TCEO\IPP Form AR41A 02-17-2011 APR12,23 ACCOUNT NO. BALANCE DUE DETACH THIS PORTION AND RETURN WITH CHECK OR MONEY ORDER PAYABLE TO: 0708552 28,486.61 r7TEXAS COMMISSION ON 0 CHECK HERE IF YOUR ADDRESS HAS CHANGED. PLEASE INDICATE ADDRESS CHANGE ON BACK �� ENVIRONMENTAL QUALITY Mail INVOICES NOT PAID WITHIN 30 DAYS OF INVOICE DATE WILL ACCRUE PENALTIES CITY OF PORT ARTHUR SOLID WASTE SUP PO BOX 1089 PORT ARTHUR TX 77641 -1089 0000708552 5493581 00028486610531239