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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: