Any commission action, decision, or vote on these matters will be made in open meeting in accordance with Section 551.102 of the Open Meetings Act, Chapter 551 of the Government Code. This is a little bit ahead of staff's proposed schedule. The Commission may also consider expanding the scope of ongoing rulemaking projects to incorporate amendments to rules affecting inactive or closed sites. These inactive sites have prompted discussion regarding whether or not such facilities should be allowed to resume operations, and if so, under what parameters. It is important to note that MSW permits do not contain a numeric term date, but rather a capacity limit.
Permits are currently valid unless no capacity remains.
After surveying the Agency files, staff has determined that there are approximately 1,200 inactive landfill sites. Staff believes that the majority of these sites have been closed, and the permits have expired by their own terms. Staff has determined that approximately 500 of the 1,200 files include closure affidavits for less than the total permitted acreage. Of those 500 files, approximately 65 include letters expressing intent to remain in inactive status. This topic was presented to the MSW Advisory Council at their last meeting.