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Home My WebLink AboutPR 23574: APPROVAL OF THE PAYMENT OF FIRST QUARTER TCEQ SOLID WASTE FEE FOR THE LANDFILL TO TCEQ urt rt{tur www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: January 23, 2024 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager tl. From: Flozelle C. Roberts, EIT, MEng, MBA, CPM, Public Works Directo 110 RE: P.R. 23574—Approval of the Payment of First Quarter TCEQ Solid Waste Fee for the Landfill to TCEQ Introduction: This agenda item requests City Council's ratification of the City Manager's decision to authorize payment of the first 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 $34,248.60 exceeds the City Manager's spending authority, prompting the payment request for compliance and avoiding late fees. Budget Impact: The total budgetary impact is $34,248.60, 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: City Council is recommended to approve PR No. 23574 ratifying the City Manger's decision to pay the first 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 23574 01/17/2024 LLJ Page 1 of 3 RESOLUTION NO. A RESOLUTION RATIFYING THE CITY MANAGER'S DECISION TO AUTHORIZE THE PAYMENT OF THE FIRST QUARTER SOLID WASTE PERMIT FEE FOR THE LANDFILL TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY WITH A BUDGETARY IMPACT OF $34,248.60. 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 January 23, 2024, the City Manager signed a memo (Exhibit A) authorizing the payment of the first quarter permit fee of $34,248.60, 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 $34,248.60 for the first quarter permit fee to the Texas Commission on Environmental Quality (Exhibit B); and, PR 23574 01/17/2024 LLJ 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. 2024, 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 PR 23574 01/17/2024 LLJ Page 3 of 3 APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: (j , kiciLic . Valecia zeno Esq. Ronald Burton, CPM City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: eZ-?(ems ,606e.e.exi,(1 Lynda Boswell Director of Finance #14 i4A' ozelle Roberts W ,MEng, MBA, CPM Direct. ,, Public /• s 1 1 ja jle_ ifton E. Williams,Jr., CPPB Purchasing Manager P.R. No. 23574 EXHIBIT A (Memorandum from the City Manager) u r;r4tJr www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: January 23, 2024 To: Ronald Burton, City Manager, CPM From: Flozelle C. Roberts, EIT, MEng,MBA, CPM, Public Works Director RE: Approval of Payment of Quarter 1 TCEQ Solid Waste Fee for the Landfill The Texas Commission on Envionmental Qulaity (TCEQ)assesses an annual facilitiy 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, Secion 361.135; and Title 30 Texas Administrative Code (TAC), Section 335.324. The amount is based on tonnage received from disposal at each landfill in the state. Emergency approval is requested of the City Manager to pay the second quarter solid waste permit fee of$34,248.60 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, herby approve the emergency payment of the first quarter solid waste permit fee for the Landfill. of ovIpi' Ronald Burto City Man.:er "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 P.R. No. 23574 EXHIBIT B (Texas Commission on Environmental Quality Invoice) frem TEXAS COMMISSION ON INVOICE//�r COMPANY; CITY OF PORT ARTHUR ENVIRONMENTAL QUALITY N v v! ACCOUNT: 0708552 DETACH BOTTOM PORTION AND RETURN WITH PAYMENT-KEEP TOP PORTION FOR YOUR RECORDS- PAGE 1 ACCOUNT NO. INCLUDES PAYMENTS THROUGH: 1 COLL COST RECOVERY LATE FEES BALANCE DUE 0708552 JAN15,24 0.00 0.00 34,248.60 INVOICE DATE INVOICE NO. DESCRIPTION I AMOUNT I BALANCE JAN31,24 ISWD0029261 PERMIT 1815A FY24 Q1 34,248.60 34,248.60 SOLID WASTE FEE 4473— �-3ZO-- 72A-Zed.;: 1 Please return the original coupon with payment. For technical information, please call 512-239- 34,248.60 0517. See REVERSE SIDE for Explanation of Charges and TCEQ Contact Telephone Numbers. PLEASE PAY THIS AMOUNT T"a W TCEQ VIPP Form AR41A 02-17-2011 INCLUDE ACCOUNT NUMBER ON CHECK JAN15,24 ACCOUNT NO. BALANCE DUE DETACH THIS PORTION AND RETURN WITH 0708552 34,248.60 CHECK OR MONEY ORDER PAYABLE TO: CHECK HERE IF YOUR ADDRESS HAS CHANGED. PLEASE INDICATE ADDRESS CHANGE ON HACK I, TEXAS COMMISSION ON �'`' NOT: ENVIRONMENTAL QUALITY 301NVOICES DAYS OF INVOICEPAID DATEHIN WILL ACCRUE PENALTIES CITY OF PORT ARTHUR SOLID WASTE SUP PO BOX 1089 0000708552 5493581 00034248600228248 PORT ARTHUR TX 77641-1089