April 22, 1996
A RESOLUTION concerning Public Participation at the TNRCC
WHEREAS, protecting human health and our
state's resources are the fundamental missions of the Texas Natural
Resource Conservation Commission;
WHEREAS, in accomplishing this mission it is
imperative that the commission and the agency seek and consider a
full range of views and opinions from members of the public;
WHEREAS, in recognition of this the Commission
has adopted as one of its philosophies the need to ensure
meaningful public participation in the agency's decision making
process;
WHEREAS, the Commission is committed to full
participation by the public in its permitting and rule-making
processes consistent with Texas law;
WHEREAS, the Commission believes that public
input is essential to quality decision making at the agency;
WHEREAS, the Commission recognizes that there
are many avenues for participation in agency decision making,
including but not limited to, the formal hearing process;
WHEREAS, the Legislature established the
Public Interest Counsel specifically to represent the public
interest and to be an advocate for the public in environmental
matters;
WHEREAS, the agency has previously on its own
initiative undertaken to create mechanisms and processes to aid the
public in its participation in the decisions of the agency, such as
through the Ombudsman's Office and the Environmental Equity
Program;
WHEREAS, the Commission desires to emphasize
its commitment to increased and improved public participation at
the agency;
NOW THEREFORE, BE IT RESOLVED THAT:
The Commission shall strengthen its public assistance and
outreach activities to provide greater responsiveness to the public
and additional opportunities for public participation;
The Commission strongly renews its commitment to the need for
and the workings of the Office of Public Interest Counsel and
directs the Public Interest Counsel to focus its efforts on
providing greater assistance to citizens who are challenging
actions of the agency; The Commission shall continue and expand the
use of Alternative Dispute Resolution as a means of ensuring and
enhancing public participation in the permitting process and
bringing to resolution matters before the need for a contested case
hearing;
The Commission directs staff to review the rules and policies
regarding public notice of meetings and hearings to ensure that the
public has knowledge of and can participate to the full extent
allowed by law in all matters which affect them;
The Commission directs the Executive Director to review the
agency's records management practices to assure that the public has
access to all public records and documents to the full extent
allowed by law;
The Commission directs the Executive Director to develop ways to
ensure and enhance public involvement in the agency s
administrative enforcement process and in civil proceedings
involving enforcement actions of the agency;
The Commission directs the Executive Director to keep an
information file for every formal complaint of a violation of the
State's environmental laws and rules which is filed with or brought
to the agency, and to ensure that parties are notified of the
status of the complaint at least quarterly until final disposition,
unless notice would jeopardize an investigation;
and The Commission directs staff to provide timely responses to
comments received from the public on agency rules, permits and
policy matters.
