PGMA Process and TCEQ's Role in Groundwater, Kelly Mills

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PGMA Process and TCEQ's Role in Groundwater, Kelly Mills

  1. 1. TCEQ – PGMA Program &Plan Performance Review TEXAS ALLIANCE OF GROUNDWATER DISTRICTS TEXAS GROUNDWATER SUMMIT - GROUNDWATER MANAGEMENT PRACTICES - AUGUST 29, 2012
  2. 2. OVERVIEWPriority Groundwater Management Areas• Old PGMAs• New PGMAs• Future PGMAsManagement Plans & Performance Review• TCEQ Role• Plan & Petition Triggers• Process
  3. 3. PGMA?PriorityGroundwaterManagementAreaAn area of the state designated anddelineated by the TCEQ that is experiencing,or expected to experience within the next 50years, critical groundwater problems
  4. 4. PGMA?What are critical groundwater problems?• Shortages of surface or groundwater• Land subsidence resulting from groundwater withdrawal• Contamination of groundwater supplies
  5. 5. 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 groundwater
  6. 6. Old PGMAs 1990 1997 2001Designated Renamed & Mandatesas Critical Designated for TCEQ Areas as PGMAs
  7. 7. Old PGMAs 1990 1997 2001 Designated Renamed & Mandates as Critical Designated for TCEQ Areas as PGMAs 2002 2008 2011 2012 TCEQ 1st test PGMA TCEQ rules of TCEQ statute rulesadopted rules amended amended
  8. 8. Old PGMAs GCD Creation Process Executive Director’s (ED) GCD report andrecommendation developed & filed with TCEQPossibleRecommendations• create new GCD(s)• add PGMA to GCD(s)
  9. 9. Old PGMAs GCD Creation Process Contested case Executive hearing and Director’s (ED) State Office of GCD report and Administrativerecommendation Hearings developed & Proposal for filed with TCEQ DecisionPossibleRecommendations• create new GCD(s)• add PGMA to GCD(s)
  10. 10. Old PGMAs GCD Creation Process Contested case Executive TCEQ hearing and Director’s (ED) Agenda State Office of GCD report and Hearing Administrativerecommendation and Hearings developed & TCEQ Proposal for filed with TCEQ Order DecisionPossibleRecommendations• create new GCD(s)• add PGMA to GCD(s)
  11. 11. Old PGMAsPost-TCEQ Order Commissioners Court(s) TemporaryNew DirectorsGCD? appoint Temporary take Directors control GCD Nay? – Back to Add to board TCEQ for additional actionExisting votes within one year; GCD? yeah no additional or nay hearing required
  12. 12. New PGMAsDesignation & GCD Creation Process Notice of new Requests toID & initiate study to TWDB,new studies stakeholders TPWD, TDA
  13. 13. New PGMAsDesignation & GCD Creation Process Notice of new Requests toID & initiate study to TWDB,new studies stakeholders TPWD, TDA ED report & Contested recommendations case Agency PGMA? hearingreports & andinfo back Create GCD(s)? Proposal to ED Add to existing for GCDs? Decision
  14. 14. New PGMAsDesignation & GCD Creation Process Notice of new Requests toID & initiate study to TWDB,new studies stakeholders TPWD, TDA ED report & Contested recommendations case Agency PGMA? hearingreports & andinfo back Create GCD(s)? proposal to ED Add to existing for GCDs? decision TCEQ Agenda Hearing and TCEQ Order
  15. 15. New PGMAs Post-TCEQ Order < 2 years – landowners may create new or join existing GCDs through legislative or New petition processes GCD? > 120 day < 2 years - TCEQ TAES* shall create one or moreEducational new GCDs Outreach Add to < 120 days – GCD board existing votes yeah or nay. If nay, GCD? back to TCEQ for additional action within one yearTAES = Texas AgriLife Extension Service
  16. 16. Future PGMAsData• Gray / Blue / White Areas• Modeled Available Groundwater• 2011 Regional Water Plans/2012 State Water Plan • Unique 2011-2012 data snapshotTiming & 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.
  17. 17. GCD Management PlansTCEQ Role Respond if GCD management plans are not adopted and/or readopted on time Respond if GCD is not operational as determined by the State Auditor’s Office Respond to Petitions for Inquiry
  18. 18. GCD Management PlansTriggers – For Executive Director to initiateTCEQ Performance Review GCD does not adopt initial plan by the 3 yearstatutory deadline GCD does not readopt plan by the 5 yearstatutory deadline EA-TWDB* does not approve plan or readoptedplan and GCD does not resolve within 180 days EA-TWDB does not approve plan or readoptedplan and all GCD appeals to TWDB final SAO finds GCD not operational* EA-TWDB = Executive Administrator of the TWDB
  19. 19. GCD Management PlansTriggers – Petition for TCEQ InquiryGCD does not:1. submit plan to EA-TWDB2. participate in joint planning3. adopt rules4. adopt DFC by resolution5. update plan within 2 years of new DFCs6. update rules within 1 year of new plan (#5)7. adopt rules designed to achieve the DFCs8. adequately protect groundwater by its rules9. adequately protect groundwater by enforcing substantial compliance with its rules
  20. 20. GCD Management PlansPerformance Review – Initiated by ED ED ED submits ED notifies investigates compliance GCD and the facts and agreement attempts tocircumstances (CA) to resolve of violation GCD
  21. 21. GCD Management PlansPerformance Review – Initiated by ED ED ED submits ED notifies investigates compliance GCD and the facts and agreement attempts tocircumstances (CA) to resolve of violation GCDCompliance 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
  22. 22. GCD Management PlansPerformance Review – Petition for Inquiry Petitioner files copies GCDs Affected of Petition provided Person files with GCDs opportunity Petition in and to file with TCEQ adjacent to responses GMA
  23. 23. GCD Management PlansPerformance Review – Petition for Inquiry Dismiss? TCEQ or Review PanelPetition Report andReview Appoint Five- Recommendations Member90 days Review 120 days Panel? TCEQ Action 45 days
  24. 24. GCD Management PlansTCEQ Enforcement ActionRequired When: • GCD is unable to resolve violation • Review Panel makes recommendationAuthorized 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
  25. 25. SummaryOld PGMAs• FY 2013 until done – work to establish GCDs• Comal & Travis, Midland & Upton, BriscoeNew PGMAs• FY 2013 – review data, identify areas & prioritize• FY 2014 – start new studiesPerformance Review• Management plan adoption, readoption & SAO• Petition for TCEQ Inquiry → review panel
  26. 26. Kelly Mills, P.G.Texas Commission onEnvironmental QualityTelephone:(512) 239-4512FAX:(512) 239-4450E-mail:Kelly.Mills@tceq.texas.gov

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