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HomeMy WebLinkAboutP.R. NO. 25179 APPROVAL OF QUARTERLY PAYMENTS OF SOLID WASTE PERMIT FEES FOR THE LANDFILL TO TCEQ. nt•t rthur Te.tus www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: September 21, 2026 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Jessie Dehn, P.E., Public Works Director RE: P.R. 25179—Approval of Quarterly Payments of Solid Waste Permit Fees for the Landfill to TCEQ Introduction: This agenda item requests the City Council's approval of quarterly payments of Solid Waste permit fees for the Landfill to TCEQ. Background: The City of Port Arthur operates a permitted landfill that is subject to applicable requirements of TCEQ and other state environmental regulations. TCEQ assesses regulatory fees applicable to permitted waste management facilities pursuant to the Texas Health and Safety Code and applicable provisions of Title 30 of the Texas Administrative Code. TCEQ issues quarterly invoices to the City for the applicable landfill permit and regulatory fees. The City is required to timely remit the amounts invoiced by TCEQ in order to maintain compliance with applicable regulatory requirements. The projected annual amount of$190,000.00 was developed using prior TCEQ invoices and payment history. During the prior fiscal year, quarterly invoices were approximately $45,151.49 per quarter. The$190,000.00 authorization provides an appropriate budgetary ceiling for the anticipated annual fees while allowing for potential fluctuations in the amounts assessed by TCEQ. Budget Impact: The total projected budgetary impact is $190,000.00, and funding is available in the Landfill's Regulatory Costs Account, 403-50-320-5471-00-00-000. Recommendation: It is recommended that the City Council authorize the payment of quarterly solid waste facility permit and regulatory fees assessed by the Texas Commission on Environmental Quality for the City of Port Arthur Landfill, with a projected annual budgetary impact not to exceed $190,000.00, with funding available in Account No. 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 PR 25179 09/21/2026 JD-tnr Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE PAYMENT OF QUARTERLY SOLID WASTE FACILITY PERMIT FEES AS ASSESSED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR THE CITY OF PORT ARTHUR LANDFILL,WITH A PROJECTED ANNUAL BUDGETARY IMPACT NOT TO EXCEED $190,000.00; FUNDING IS AVAILABLE IN ACCOUNT NO. 403-50-320-5471-00-00-000. WHEREAS, the City of Port Arthur operates a permitted landfill subject to applicable requirements of the Texas Commission on Environmental Quality("TCEQ"); and WHEREAS, TCEQ assesses regulatory fees applicable to permitted waste management facilities pursuant to the Texas Health and Safety Code and applicable provisions of Title 30 of the Texas Administrative Code, including the facility fee authorized under Texas Health and Safety Code Section 361.135 and 30 Texas Administrative Code Section 335.324; and WHEREAS,TCEQ issues invoices to the City for the applicable regulatory fees associated with the operation of the City's landfill, and such fees are required to be timely paid in accordance with the applicable invoice and regulatory requirements; and WHEREAS,the City has reviewed prior TCEQ invoices and payment history to establish a projected annual budgetary amount for the applicable fees, with prior quarterly invoices reflecting an amount of approximately$45,151.49 per quarter, attached hereto as Exhibit"A", and the projected annual budgetary impact estimated at$190,000.00; and WHEREAS, the projected annual amount is based upon prior fiscal-year invoices and is intended to provide sufficient budgetary authority to timely satisfy the quarterly TCEQ invoices, recognizing that the actual amount of each invoice may vary based upon the applicable regulatory fee assessment; and WHEREAS, timely payment of the TCEQ fees is necessary to maintain the City's compliance with applicable environmental regulatory requirements and to avoid the assessment of applicable penalties, interest, or other consequences associated with delinquent fees; and WHEREAS, the City Council finds that authorization for the payment of the applicable TCEQ fees is in the best interest of the City and its residents and is necessary to maintain the City's landfill operations in compliance with applicable regulatory requirements; and WHEREAS, sufficient funds are available in Account No. 403-50-320-5471-00-00-000 for payment of the applicable TCEQ fees. PR 25179 09/21/2026 JD-tnr Page 2 of 4 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT,the facts and opinions in the preamble are true and correct; and, THAT, the City Council hereby authorizes the payment of quarterly solid waste facility permit and regulatory fees assessed by the Texas Commission on Environmental Quality for the City of Port Arthur Landfill, subject to the applicable TCEQ invoices and regulatory requirements, with a projected annual budgetary impact not to exceed $190,000.00; and, THAT, the City Manager, or his designee, is authorized to approve and process the quarterly payments to TCEQ pursuant to the invoices issued by TCEQ,provided that the aggregate payments authorized under this Resolution do not exceed the approved annual amount of $190,000.00 THAT, funding is available in the Landfill's Regulatory Cost Account No. 403-50-320- 5471-00-00-000; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of , 2026 AD, at a regular meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Charlotte M. Moses Mayor ATTEST: Christe Whitley Ned, TRMC City Secretary PR 25179 09/21/2026 JD Page 3 of 3 APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney APPROVED FOR ADMINISTRATION: Ronald B n l City Manager Jessie Dehn, P.E. Director of Public Works APPROVED AS TO THE AVAILABILITY OF FUNDS: ( 4--)-1 (2);-- j3)3(_,€---W Lynd' :oswell, PhD, ICMA-CM Finance Director L JL Clifton . Williams, Jr., CPPB Purchasing Manager P.R. No. 25179 TEXAS COMMISSION ON INVOICE COMPANY: CITY OF PORT ARTHUR ENVIRONMENTAL QUALITY ACCOUNT: 0708552 DETACH BOTTOM PORTION AND RETURN WITH PAYMENT-KEEP TOP PORTION FOR YOUR RECORDS - PAGE 1 ACCOUNT NO. INCLUDES PAYMENTS THROUGH: COLL COST RECOVERY LATE FEES BALANCE DUE 0708552 JUL20.26 0.00 0.00 45,151.49 NVOICE DATE INVOICE NO. DESCRIPTION AMOUNT BALANCE JUL31,26 SWD0031779 PERMIT 1815A FY26 Q3 45.151 49 45,151.49 SOLID WASTE FEE Please return the original coupon with payment. For technical information, please call 512-239- 45,151.49 0517. See REVERSE SIDE for Explanation of Charges and TCEQ Contact Telephone Numbers. PLEASE PAY THIS AMOUNT lrlt>t TCEQ VIPP Form AR41A 02-17-2011 INCLUDE ACCOUNT NUMBER ON CHECK JUL20,26 ACCOUNT NO. BALANCE DUE DETACH THIS PORTION AND RETURN WITH 0708552 45,151 49 CHECK OR MONEY ORDER PAYABLE TO: CHECK HERE IF YOUR ADDRESS HAS CHANGED. v PLEASE INDICATE ADDRESS CHANGE ON BACK TEXAS COMMISSION ON INVOICES NOT PAID WITHIN ENVIRONMENTAL QUALITY 30 DAYS OF INVOICE DATE WILL L ACCRUE PENALTIES CITY OF PORT ARTHUR C Af�'RGE..'C SOLID WASTE SUP ,25"_-- /p�o PO BOX 1089 kiD3 --* 5O''3a-0-5-ri( D —0bb_O00 0000708552 5493581 00045151490831260 ! PORT ARTHUR TX 77641-1089 PL41 CC' ‘46.- s/t- dfl:c t /ris J� �‘ PAYMENT INFORMATION I INVOICES NOT PAID BY DUE DATE WILL ACCRUE PENALTIES I DETACH PAYMENT COUPON FROM BOTTOM OF FORM AND RETURN WITH PAYMENT IN THE ENVELOPE ENCLOSED. Your check,certified check or money order should be made payable to the Texas Commission on Environmental Quality.Please include your account number on your check to ensure that payment is properly credited.You may also pay this account in full by credit card or electronic check using the following internet address: www.tceq.texas.4ov/epav/ If you think your billing is wrong,or if you need more information about a transaction,please address your questions to: Texas Commission on Environmental Quality P.O.Box 13088-MC214 Austin,Texas 78711-3088 In your correspondence,please give us the following information: 1.Your name and account number 3.The date and reference number of the transaction(s)in question 2.The dollar amount of the suspected error 4.Description of the suspected error The payment due date is 30 days from the invoice date.Penalty and interest charges assessed will be adjusted for fees not due.Failure to pay by the due date may result in return or denial of applications for licenses,permits,registrations, and certifications. For Accounting questions,please contact: Waste Fees (VCP,ILP,RLA,BYP) 512/239-0548 (HWG,NWG,HWF,NWF) 512/239-6174 (SWD,WMS,SWM) 512/239-0355 (WMB,BLP,SDP,TOX) 512/239-0355 Tier 2 Reporting (T2M,T2NM,T2PE) 512/239-0355 Water Fees (GPS,GPW,PHS,RAF) 512/239-0366 (BWM,CRW,RGR,STX) 512/239-0366 (CWQ,WQA,WWI,WWIR,EAP) 512/239-0366 (WUF,WTR) 512/239-0366 Air Fees (AEF,EIF,EIT) 512/239-0355 Admin Penalties (CAV,DCP,WDV,WQV,QWV,BPF2) 512/239-0548 Dry Cleaning Fees (DCR) 512/239-6174 For Technical questions&address changes,please contact the program via the email contact below: AEF AIR EMISSIONS FEE wivesercw texas.gov PHS PUBLIC HEALTH SERVICE Wulees O tceq.toxas.gov BLP WATERSHED MGMT.BENEF.LAND APPLI WO-ARPTeamOtceq.texas.gov RGR RIO GRANDE WATERMASTER watermaster4etceq.texas.gov BWM BRAZOS WATER MASTER brazoswntStceq.texas goy RLA RADIOACTIVE SUBSTANCE LICENSING FEE radmetEtceq texas.gov BYP RADIOACTIVE BY-PRODUCTS DISPOSAL radmaIErceg texas.gov RAF REGULATORY ASSESSMENT FEE Wutees*1ceq.texas.gov CAV ADMIN PENAL.-AIR POLL acctrece tceq.texes.gov SDP SURFACE DISPOSAL FEE WQ-ARPTeantMtceq.texas.gov CRW CONCHO RIVER WATERMASTER conchowmeteeg.texas.goe STX SOUTH TEXAS WATERMASTER watermasterfetceq.texas.gov CWQ CONSOLIDATED WATER QUALITY FEE WO-ARPTeametceq.texas.gov SWD SOLID WASTE DISPOSAL FACIUTIES reswperetceg.texas.gov DCP ADMIN PENAL.-DRY CLEANING aectrec@f tceq.texas.gov SWM SOLID WASTE MEDICAL TRANSPORTER FEE wastevelEtceq texas.goy DCR DRYCLEANING REGISTRATION FEE dcreg Htceq.texas.gov T2M,T2NM,T2PE TIER II CHEMICAL REPORTING Tie2Help@tceq.texas.gov EIF AIR INSPECTION FEE airleesE tceq texas gee TOX TOXIC REPORTING FEE toxicOIceo.texas.gov GPS GENERAL PERMIT STORMWATER FEE SWPermdEtceq.texas.gov VCP VOLUNTARY CLEAN-UP vcpOIceg teses.gov GPW GENERAL PERMIT WASTEWATER FEE WO-ARPTeamelceq.texes.gov WDV ADMIN PENAL.-WASTE DISF. acctrecae lceq.texas.gov HWF HAZARDOUS WASTE FACILITIES ihwperetceq.texas.gov WMB WATERSHED MGMT.BENEF.LAND USE WO-ARPTeam 4D tceq.texas.goe HWG HAZARDOUS WASTE GENERATION wasteval tttceg.texas.gov WMS WATERSHED MGMT.SLUDGE HAULERS wasteegStceg texas.gov ILP INNOCENT LANDOWNER vcpG tceq.texas.gov WQV ADMIN PENAL-WATER DUAL acctrecEIceq.texas.gov NWF NONHAZARDOUS WASTE FACILITY ,homer tceq.texas.goe WTR WASTERWATER TRMT.RESRCH.COUNCIL oast rcee texas.gov NWG NONHAZARDOUS WASTE GENERATION westeval Etceq.rexas.gov WUF WATER USE ASSESSMENT(WTR.RIGHTS) wateruseatceg.texas.gey EXPLANATION OF CHARGES The basis for each charge is identified by the facility,permit,application or other appropriate activity. The state fiscal year(FY)and the quarter of the year(QTR)to which the payment will be credited are shown where applicable. Delinquent fees are subject to a penalty of 5%per month for the first two months after the due date,after which an interest charge for CY 2026 of 7.75%per annum will be assessed.In accordance with Government Code 2107.003(d),collection costs up to 30%may be assessed. TCEQ understands the account party may be a debtor in a pending bankruptcy proceeding.The portion of this invoice,if any,that represents pre-petition tees due is sent for informational purposes only and is not an attempt to recover a claim against the debtor.TCEQ will file an appropriate proof of claim with the bankruptcy court for such pre-petition fees.Any post-petition fees due and owing as shown on this invoice should be paid in accordance with this invoice. TCEO VIPP FORM AR41 Al 09-24-2020 TEXAS COMMISSION ON Note:TO CHANGE ACCOUNT NAME, ENVIRONMENTAL QUALITY A CORE DATA FORM MUST BE SUBMITTED. PO BOX 13089 AUSTIN TX 78711-3089 �IlttIIluIuIIItltiuIluIllin"illn1l11'll/ln'11'1I1I11I1In) C6, # 2,C It1O A b �5 p — 3-Z0 514I V Op—°0--000 avet1G v46I/ 5l1-""IFt ChriS J�aS