TCEQ – PGMA Program & Plan Performance Review

TEXAS ALLIANCE OF GROUNDWATER DISTRICTSTEXAS GROUNDWATER SUMMIT

- GROUNDWATER MANAGEMENT PRACTICES -AUGUST 29, 2012

OVERVIEW

Priority Groundwater Management Areas

• Old PGMAs

• New PGMAs

• Future PGMAs• Future PGMAs

Management Plans & Performance Review

• TCEQ Role

• Plan & Petition Triggers

• Process

PGMA?

Priority

Groundwater

Management

AreaArea

An area of the state designated and delineated by the TCEQ that is experiencing, or expected to experience within the next 50 years, critical groundwater problems

PGMA?

What are critical groundwater problems?

• Shortages of surface or groundwater

• Land subsidence resulting from groundwater withdrawalgroundwater withdrawal

• Contamination of groundwater supplies

PGMA?

What is the purpose of designating a PGMA?

• To assure that a groundwater conservation district is established to manage the aquifer or aquifers and to conserve, preserve, protect, and prevent waste of aquifer or aquifers and to conserve, preserve, protect, and prevent waste of groundwater

Old PGMAs

1990

Designated as Critical Areas

1997

Renamed & Designated as PGMAs

2001

Mandates for TCEQ

Old PGMAs

1990

Designated as Critical Areas

1997

Renamed & Designated as PGMAs

2001

Mandates for TCEQ

2002

TCEQ rules

adopted

2008

1st test of TCEQ rules

2011

PGMA statute amended

2012

TCEQ rules

amended

Old PGMAsGCD Creation Process

Executive Director’s (ED) GCD report and recommendation recommendation developed &

filed with TCEQ

Possible

Recommendations

• create new GCD(s)

• add PGMA to GCD(s)

Old PGMAsGCD Creation Process

Executive Director’s (ED) GCD report and recommendation

Contested case hearing and State Office of Administrative

recommendation developed &

filed with TCEQ

Administrative Hearings

Proposal for Decision

Possible

Recommendations

• create new GCD(s)

• add PGMA to GCD(s)

Old PGMAsGCD Creation Process

Executive Director’s (ED) GCD report and recommendation

Contested case hearing and State Office of Administrative

TCEQ Agenda Hearing and recommendation

developed & filed with TCEQ

Administrative Hearings

Proposal for Decision

and TCEQ Order

Possible

Recommendations

• create new GCD(s)

• add PGMA to GCD(s)

Old PGMAsPost-TCEQ Order

New GCD?

Commissioners Court(s) appoint

Temporary Directors

Temporary Directors take

controlDirectors

Add to Existing GCD?

GCD board votes yeah or nay

Nay? – Back to TCEQ for

additional action within one year; no additional

hearing required

New PGMAsDesignation & GCD Creation Process

ID & initiate new studies

Notice of new study to

stakeholders

Requests to TWDB,

TPWD, TDA

New PGMAsDesignation & GCD Creation Process

ID & initiate new studies

Notice of new study to

stakeholders

Requests to TWDB,

TPWD, TDA

ED report & Contested

Agency reports & info back to ED

ED report & recommendations

PGMA?

Create GCD(s)?

Add to existing GCDs?

Contested case

hearing and

Proposal for

Decision

New PGMAsDesignation & GCD Creation Process

ID & initiate new studies

Notice of new study to

stakeholders

Requests to TWDB,

TPWD, TDA

ED report & Contested

Agency reports & info back to ED

ED report & recommendations

PGMA?

Create GCD(s)?

Add to existing GCDs?

Contested case

hearing and

proposal for

decision

TCEQ Agenda Hearing and TCEQ Order

New PGMAsPost-TCEQ Order

TAES*

New GCD?

< 2 years – landowners may create new or join existing GCDs through legislative or

petition processes

> 120 day < 2 years - TCEQ shall create one or more TAES*

Educational Outreach

shall create one or more new GCDs

Add to existing GCD?

< 120 days – GCD board votes yeah or nay. If nay, back to TCEQ for additional

action within one year

TAES = Texas AgriLife Extension Service

Future PGMAs

Data

• Gray / Blue / White Areas

•Modeled Available Groundwater

• 2011 Regional Water Plans/2012 State Water Plan

• Unique 2011-2012 data snapshot• Unique 2011-2012 data snapshot

Timing & Schedule

• FY 2013 – identify & prioritize likely areas

• FY 2014 – Start new studies

• 45-day stakeholder comment period

• 180-days for TWDB & TPWD studies/reports

• 90-days for ED-TCEQ report & recs.

GCD Management PlansTCEQ Role

�Respond if GCD management plans are not adopted and/or readopted on time

Respond if GCD is not operational as� Respond if GCD is not operational as

determined by the State Auditor’s Office

� Respond to Petitions for Inquiry

GCD Management Plans Triggers – For Executive Director to initiate TCEQ Performance Review

� GCD does not adopt initial plan by the 3 year statutory deadline

� GCD does not readopt plan by the 5 year statutory deadlinestatutory deadline

� EA-TWDB* does not approve plan or readopted plan and GCD does not resolve within 180 days

� EA-TWDB does not approve plan or readopted plan and all GCD appeals to TWDB final

�SAO finds GCD not operational

* EA-TWDB = Executive Administrator of the TWDB

GCD Management PlansTriggers – Petition for TCEQ Inquiry

GCD does not:

1. submit plan to EA-TWDB

2. participate in joint planning

3. adopt rules3. adopt rules

4. adopt DFC by resolution

5. update plan within 2 years of new DFCs

6. update rules within 1 year of new plan (#5)

7. adopt rules designed to achieve the DFCs

8. adequately protect groundwater by its rules

9. adequately protect groundwater by enforcing substantial compliance with its rules

GCD Management PlansPerformance Review – Initiated by ED

ED investigates the facts and circumstances of violation

ED notifies GCD and

attempts to resolve

ED submits complianceagreement (CA) to GCD

GCD Management PlansPerformance Review – Initiated by ED

ED investigates the facts and circumstances of violation

ED notifies GCD and

attempts to resolve

ED submits complianceagreement (CA) to GCD

Compliance Agreement

• Identifies the violation

• Outlines GCD actions

• Provides schedule for compliance

• GCD – 30 days to amend / 60 days to enter

• Terms met? ED notifies GCD İNo Mas! TCEQ

GCD Management PlansPerformance Review – Petition for Inquiry

Affected Person files

Petitioner files copies of Petition with GCDs

GCDs provided

opportunity Person files Petition

with TCEQ

with GCDs in and

adjacent to GMA

opportunity to file

responses

GCD Management PlansPerformance Review – Petition for Inquiry

TCEQ Petition Review

90 days

Dismiss?

or

Appoint Five-Member Review

Review Panel Report and

Recommendations

120 days90 days Review Panel?

120 days

TCEQ Action

45 days

GCD Management PlansTCEQ Enforcement Action

Required When:

• GCD is unable to resolve violation

• Review Panel makes recommendation

Authorized TCEQ Actions:Authorized TCEQ Actions:

• Order GCD to take or refrain from certain actions

• Dissolve the board

• Request Attorney General bring suit for appointment of receiver

• Dissolve the district

• Recommend action to Legislature

Summary

Old PGMAs

• FY 2013 until done – work to establish GCDs

• Comal & Travis, Midland & Upton, Briscoe

New PGMAsNew PGMAs

• FY 2013 – review data, identify areas & prioritize

• FY 2014 – start new studies

Performance Review

•Management plan adoption, readoption & SAO

• Petition for TCEQ Inquiry → review panel

Kelly Mills, P.G.

Texas Commission on

Environmental Quality

Telephone:

(512) 239-4512

FAX:

(512) 239-4450

E-mail:

Kelly.Mills@tceq.texas.gov