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RESO 1993-07 - TWC Municipal Solid WasteRESOLUTION NO. 93 -07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REQUESTING THAT THE TEXAS WATER COMMISSION MODIFY THE PROPOSED NEW 31 TAC § 330.68 CONCERNING MUNICIPAL SOLID WASTE TO FACILITATE LOCATION OF TRANSFER STATIONS AT EXISTING LANDFILL SITES. WHEREAS the City of Huntsville, Texas, presently operates a permitted landfill; and WHEREAS the Environmental Protection Agency's implementation of the regulations found in the Resource Conservation and Recovery Act of 1976, Subtitle D, as amended, has made it desirable for the City to replace its landfill operation with a transfer station; and WHEREAS WHEREAS WHEREAS the impending October 9, 1993, deadline makes it imperative that the City begin construction and operation of a transfer station with all due haste; and since the operation of the City landfill site began, the City has established a recreation area within 1/2 mile of its landfill and several individuals have constructed residences within 1/2 mile of its landfill; and the City believes that the transfer operation would be less obtrusive than the current landfill operation and would not be inconsistent with the use of its own recreation area; and WHEREAS the proposed rules may arbitrarily prohibit the equitable use of the City's current landfill site as a transfer station; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1. The City's Mayor and staff are directed to submit comments to the Texas Water Commission regarding the City's concern about proposed rule 31 TAC § 330.68, concerning municipal waste. SECTION 2: The City requests that the Texas Water Commission amend proposed rule 31 TAC § 330.68(b) to read: (b) Construction and Operation Owners /Operators may proceed with construction and operation of a transfer station meeting all the requirements of this section without prior approval, but must concurrently submit an application complete with all information demonstrating compliance with these suggestions. The operation of by the executive director. Owners /operators must comply with all applicable regulations, and shall remain responsible for making corrections and /or other changes that are necessary to meet the requirements prior to after beginning operation at the facility. SECTION 3: The City requests that the Texas Water Commission amend proposed rule 31 TAC § 330.68(e)(1) to read: (e) Design criteria. (1) Site location. If located at a site other than a permitted landfill site the transfer station shall be located more than one -half mile from any residence, school, church, cemetery, or recreational area. It shall not be located in a 100 year flood - plain. SECTION 4. This resolution shall take effect immediately. APPROVED this 4th day of May, 1993. ATTEST: anna Welter, City Secretary APPROVED: Scott Bounds, City Attorney THE CITY OF HUNTSVILLE, TEXAS W. H. Hodges, Mayor