published quarterly for members of the texas lone star ...€¦ · your jsa library is a work in...

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Published Quarterly for Members of the Texas Lone Star Chapter of SWANA Update on Texas Legislative Issues by Ty Embry Table of Contents 2014 TxSWANA Jack C. Carmichael, P.E. Scholarships 4 2014 TXSWANA Annual Road-e-o, El Paso, TX 5-6 Keeping Staff Safe with JSA’s 8 14 Notice of Election of Directors and Officers The Texas Legislature continues to make its steady march toward the 84 th Regular Ses- sion which will begin on January 13, 2015. The March party primary elections have come and gone and the primary election run-offs have been scheduled for May 27. While some legis- lators are involved in the party primary run-off elections, the Texas Legislature has started to hold public hearings on the study topics that the Lt. Governor and Speaker have assigned to the various Senate and House Committees in preparation for the Regular Session that begins in January. In many cases, the legislators will turn the recommendations made by the legisla- tive committees into the legislation they will file during the Regular Session. We will be fol- lowing the interim committee work by the Texas Legislature and closely studying the re- ports that are ultimately issued by the commit- tees. At the recent TxSWANA Board Meeting in Austin held as part of the Annual Confer- ence, two legislative issues of interest were dis- cussed. The Board members talked at length about the collection and use of tipping fees that fund the Solid Waste Disposal Fee Account at the TCEQ. The Texas Legislature reduced the amount of tipping fee collected during the 2013 Regular Session as part of the Legisla- ture’s larger effort to reduce the amount of money that is held in accounts with unex- pended balances. The Board discussed TxSWANA’s interest in restoring the amount of the tipping fee and addressing the TCEQ’s process to distribute funds from the Solid Waste Disposal Fee Account. In addition, the Board also expressed its interest in the Request for Attorney Gen- eral Opinion submitted in February by State Representative Dan Flynn who has asked At- torney General Abbott if the bans on plastic bags and fees on replacement bags adopted by several cities in Texas is legal and consis- tent with the Texas Health and Safety Code. The general rule is that the Attorney General issues an Opinion in response to a Request within six months of the submission of a Re- quest. TxSWANA will be following closely the Opinion issued by the Attorney General and assessing its impact on bans on plastic bags in Texas. Volume 14, Number 2 Spring 2014 1

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Page 1: Published Quarterly for Members of the Texas Lone Star ...€¦ · your JSA library is a work in progress for all of us. Some may choose to look and see what our top incidents are

Published Quarterly for Members of the Texas Lone Star Chapter of SWANA

Update on Texas Legislative Issues by Ty Embry

Table of Contents

2014 TxSWANA Jack C. Carmichael, P.E. Scholarships 4

2014 TXSWANA Annual Road-e-o, El Paso, TX 5-6

Keeping Staff Safe with JSA’s 8

14 Notice of Election of Directors and Officers

The Texas Legislature continues to make its steady march toward the 84th Regular Ses-sion which will begin on January 13, 2015. The March party primary elections have come and gone and the primary election run-offs have been scheduled for May 27. While some legis-lators are involved in the party primary run-off elections, the Texas Legislature has started to hold public hearings on the study topics that the Lt. Governor and Speaker have assigned to the various Senate and House Committees in preparation for the Regular Session that begins in January. In many cases, the legislators will turn the recommendations made by the legisla-tive committees into the legislation they will file during the Regular Session. We will be fol-lowing the interim committee work by the Texas Legislature and closely studying the re-ports that are ultimately issued by the commit-tees.

At the recent TxSWANA Board Meeting in Austin held as part of the Annual Confer-ence, two legislative issues of interest were dis-cussed. The Board members talked at length about the collection and use of tipping fees that fund the Solid Waste Disposal Fee Account at

the TCEQ. The Texas Legislature reduced the amount of tipping fee collected during the 2013 Regular Session as part of the Legisla-ture’s larger effort to reduce the amount of money that is held in accounts with unex-pended balances. The Board discussed TxSWANA’s interest in restoring the amount of the tipping fee and addressing the TCEQ’s process to distribute funds from the Solid Waste Disposal Fee Account.

In addition, the Board also expressed its interest in the Request for Attorney Gen-eral Opinion submitted in February by State Representative Dan Flynn who has asked At-torney General Abbott if the bans on plastic bags and fees on replacement bags adopted by several cities in Texas is legal and consis-tent with the Texas Health and Safety Code. The general rule is that the Attorney General issues an Opinion in response to a Request within six months of the submission of a Re-quest. TxSWANA will be following closely the Opinion issued by the Attorney General and assessing its impact on bans on plastic bags in Texas.

Volume 14, Number 2 Spring 2014

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The Lone Star

TxSWANA Officers & Board of Directors

Director:

Bengy Williams

City of Beaumont

4955 Lafin Road

Beaumont, TX 77704-3827

(409) 842-1483

[email protected]

Director:

Ron Smith

City of Dallas

3112 Canton Street, Suite 200

Dallas, TX 75226

(214) 670-3555

[email protected]

Past President:

Brenda A. Haney, P.E.

City of Irving

825 W. Irving Blvd.,

Irving, TX 75060

(972) 721-2349

[email protected]

President:

Michael G. Rice, P.E.

City of Amarillo

509 E 7th Avenue

Amarillo, TX 79105

(806) 378-9337

[email protected]

IB Rep:

Vance Kemler

City of Denton

1527 Mayhill Road

Denton, TX 76208

(940) 349-8002 [email protected]

Director:

Lawrence Mikolajczyk

City of Corpus Christi

P.O. Box 9277

Corpus Christi, TX 78469

(361) 826-1966

[email protected]

Vice President:

Ellen A. Smyth, P.E.

City of El Paso

7968 San Paulo Drive

El Paso, TX 79907

(915) 621-6719

[email protected]

Secretary:

Richard McHale

City of Austin

P.O. Box 1088

Austin, TX 78767

(512) 974-4301

[email protected]

Director:

Paul Gosselink

Lloyd , Gosselink,

Rochelle & Townsend, P.C. 816 Congress Avenue, Suite 1900 Austin, TX 78701

(512) 322-5806

[email protected]

Director:

Hector Chavez

City of Eagle Pass

100 South Monroe Street

Eagle Pass, TX 78852

(830) 773-9408

[email protected]

Director:

Frank Pugsley, P.E.

CP & Y, Inc.

1820 Regal Row, Suite 200

Dallas, TX 75235

(214) 638-0500

[email protected]

Director: Robert H. “Holly” Holder, P. E.

Parkhill, Smith & Cooper

4222 85th Street

Lubbock, TX 79423

(806) 473-2200

[email protected]

Visit www.swana.org for a

membership application.

Director:

Lonnie Banks

City of Garland

1434 Commerce Street

Garland, TX 75040

(972) 205-3424

[email protected]

Director:

Jeffrey D. Mayfield, P.E.

North Texas Municipal Water

District

P.O. Box 2408

Wylie, TX 75098

(972) 442-5405

[email protected]

Treasurer:

David W. McCary

City of San Antonio

4410 W. Piedras Drive

San Antonio, TX 78228

(210) 207-6471

[email protected]

Director:

Harry Hayes

City of Houston

611 Walker

Houston, TX 77002

(713) 837-9103

[email protected]

Director:

Morris Williams

City of Midland

PO Box 1152

Midland, TX 79702

(432) 685-7278

[email protected]

2

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The Lone Star

Message from the President by Michael Rice

Dear TxSWANA!

As president of TxSWANA, I continue to be very proud of

our membership and our faithful supporters. Our chapter was

founded upon our hard working members, and our member-

ship continues to step up and perform on a daily basis. Thank

you for your service and your participation in the chapter.

The TxSWANA Annual Conference this year was great! It

is always a pleasure to come to Austin, and Richard McHale

and his conference committee did a fantastic job with this

year’s 2014 TXSWANA Annual Conference.

TxSWANA recognized several different award winners during the Conference.

These winners included the Jimmy Huff Safety Award winner: City of University

Park, and the TxSWANA Excellence Award winners: City of El Paso—Environmental

Services, City of Houston, Texas State University—Horticulture Program, City of Austin—

Austin Resource Recovery, and the City of Denton—Solid Waste and Recycling Depart-

ment. Congratulations to each of these. This group represents some of the best in our in-

dustry and I am very proud of each recipient.

There are a couple of upcoming events that I encourage you to attend. First, the

TxSWANA Road-e-o is just weeks away. El Paso is hosting this years event on June

21st, and participants and judges should sign up very quickly. Forms for this event are

located on the website at www.txswana.org. Road-e-o participants who take 1st or 2nd

place in their division will be eligible to participate in the SWANA International Road-e-o

which will be held in Denver, CO on September 20,2014. Next, the SWANA National

Conference will be held in Grapevine, Texas on August 24th-28th at the Gaylord. It is

an honor for Texas to host this event for SWANA, and your board and other TxSWANA

members are working very hard to make this another Texas event that will be talked

about and admired across the country for many years to come. I am very appreciative

and proud of everyone that is working so hard to make this event a great success.

The TxSWANA Board continues to work hard to serve their members. If you have

any suggestions or questions, please don’t hesitate to contact me or any other board

member. Michael Rice

3

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The Lone Star

4

The Texas Chapter of SWANA will once again in 2014 offer scholarships for college students. This excellent Scholarship Program has awarded over $79,000 in Scholarships since its inception.

To be eligible for the scholarship you must be:

1. the son, daughter, stepson, stepdaughter, grandson or granddaughter of a TXSWANA member in good standing at the time of recommendation, the selection, and the award,

-and-

A. A graduating high school senior, or graduate equivalent certified candidate, who has been accepted for enrollment in a

junior college, four year college or university,

-or-

B. A currently enrolled full-time college or university student.

2. A currently enrolled full-time college or university student who is also a Student Member of SWANA prior to application submis-sion deadline.

If you are interested in applying, an Application Form is available on line at the TXSWANA web site at www.txswana.org under the “Scholarship” link on the home page.

You may also request a form by mail from:

Richard McHale

TxSWANA

1814 Dywer Avenue

Austin, TX 78704

In addition, you may call Richard at: (512) 974-4301, or contact him by email at: [email protected]

The deadline for submission of the application is Friday, June 20, 2014.

2014 TXSWANA

Jack C. Carmichael, P.E.

Scholarships

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The Lone Star The Lone Star

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The Lone Star

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The Lone Star

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The Lone Star

Spring is here: Summer is around

the corner, our annual conference is be-

hind us but our insatiable thirst for learn-

ing and developing into better solid waste

professionals continues. One area of op-

portunity resides in solid waste safety.

How do we use safety to improve our op-

erations? It is an integral part of all effi-

ciencies. The roles that solid waste safety

professionals play are valuable. Safety is

one area that will pay dividends.

You may think of safety profession-

als most commonly during periodic

safety meetings and training, or when an

incident occurs and a field investigation

is needed and a formal report is pro-

duced. But your Solid Waste Safety Pro-

fessionals are on the task focusing on

prevention rather than reaction. One

great example of this is a Job Safety

Analysis (JSA) Program that many of us

have in our communities.

One primary goal of a JSA program

is to prevent accidents before they occur.

The creation of a JSA includes the analy-

sis of a particular task by breaking it

down into specific actions, identifying the

potential hazards, and planning for a

proper and safe means to address those

hazards. Generally speaking, JSA’s can

be broken down into four steps:

Job Selection

Job Behavior

Hazards Identification

Development of Preventive Measures

Many of the JSA’s (that staff in our

industry conduct) relate to the various

functions of our industry. When we

speak of solid waste safety, we often fo-

cus on the operations side of the busi-

ness. It is probably the most visible, and

it has a high exposure of visibility, but

the administrative side of our business is

often neglected even though our office

family members are subjected to expo-

sures and workplace injuries.

Determining which tasks to add to

your JSA library is a work in progress for

all of us. Some may choose to look and

see what our top incidents are and work

to reduce them. Others may use a diver-

Keeping Staff Safe with JSA’s by David Vartian, City of University Park, Texas

Use S.M.A.R.T.

We’re part of the

Solution!

(Continued on page 12)

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The Lone Star

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(Continued on Page 1X)

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The Lone Star

Platinum Sponsors

Gold Sponsor

Silver Sponsors

Bronze Sponsors

Diamond Sponsors

THANKS !!!!

2014 Conference

SPONSORS

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The Lone Star

11

TxSWANA’s Finest Award Winners - 2014

Composting

Texas State University

Horticulture Program

Collections

City of El Paso

Environmental Services

Public Information

City of Austin

Austin Resource Recovery

Recycling

City of Houston

Integrated Waste Management

City of Denton

Solid Waste and Recycling Dept.

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The Lone Star

sified approach deal-

ing with a broad array of occupational

safety issues. Ultimately the main goal

of conducting JSA’s is to identify and

address potential hazards that could af-

fect our team members.

Though not the primary objective,

an added bonus to the JSA program is it

increases communication not only be-

tween our team members and supervi-

sors, but it increases communication

between your safety professionals and

management. It helps foster a relation-

ship of trust and adds a layer of trans-

parency to the goal of compliance. We

have a tendency to be a team of “rule

followers”. It is not our desire to make

rules, but it is our desire to improve

safety and this desire drives our dedica-

tion to focus upon prevention instead of

reaction.

Many of you have attended my

safety training sessions at our annual

conferences, and at each session I am

always happy to see how well the ses-

sion is attended. I always find enthusi-

astic individuals who are eager to listen

and engage, and I believe our safety cul-

ture will improve. When we make a

conscious effort to change our attitudes

and develop a safety attitude, our goals

of improving workplace productivity

will be met.

I encourage all of you to speak

with your safety team and conduct a

JSA for each of your task groups be-

cause JSA’s will help you identify where

you need to place your resources. If you

would like more information on this,

feel free to contact me

or any of your

TxSWANA SMART

Members. We are al-

ways available as a re-

source.

12

The Safety Management and Resource Team is a network of Safety professionals organized to effectively share

methods of injury and collision prevention. Contact David Vartian at (210) 207-6406 to obtain safety support, exchange

safety strategies, or to arrange an onsite audit of your work practices.

(continued from Page 8)

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The Lone Star

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JIMMY HUFF SAFETY AWARD The TxSWANA Jimmy Huff Safety Award program attempts to identify private and public firms throughout

the state which achieve and maintain exceptional safety records. The program is designed to stimulate in-

terest in accident prevention and to promote safety in the workplace by providing an incentive to employers

and employees to maintain a safe and healthful working environment. In order to qualify for the annual

TxSWANA Jimmy Huff Safety Award, an organization must meet the criteria established by the TxSWANA

SMART committee. The criteria includes:

The applicant organization must be a current member of TxSWANA.

The organization must be actively involved in solid waste operations.

The organization must be Fatality Free during the fiscal year.

The organization must have a reduction in lost workday cases from the

previous year.

The Jimmy Huff Safety Award was presented to the City of Houston during the

2014 Annual conference awards luncheon. The award was presented by the cur-

rent SMART Chair—Rusty Cochran (left) and Jimmy Huff (right) to Gary Middle-

ton—City of University Park (center). Congratulations to the City of Houston for

their work in maintaining a safe and healthful workplace for their employees.

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The Lone Star

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SWANA-TEXAS LONE STAR CHAPTER

NOTICE OF ELECTION OF DIRECTORS AND OFFICERS

In accordance with Article VII of the Bylaws of the Texas Lone Star Chapter of the Solid Waste Association of North America, an election of Directors and Officers will take place during the Chapter’s Annual Business Meeting on August 28, 2014 in Grapevine, Texas. Members in good standing may vote in person at the Annual Business Meeting, or by absentee ballot. In accordance with the Bylaws, Article 7.5, “A valid ballot will include a member’s identification number.” Mem-bers who are unable to locate their SWANA member number may obtain their member number by emailing a request for same to the TXSWANA Newsletter Chairman at [email protected]. All ballots must be received not later than 10 days before the date of the Annual Business Meeting. Ballots may be submitted electronically to [email protected], or ballots may be sent by US mail to the address listed at the bottom of this ballot.

The Nominating Committee has recommended the following Slate of Directors and Slate of Officers for 2014-2016, beginning Sep-tember 1, 2014 to serve a two years term. Questions concerning this election, including write in votes, may be directed to Michael Rice at (806) 378-9337.

SWANA-TEXAS LONE STAR CHAPTER

NOMINATIONS FOR DIRECTORS AND OFFICERS

FISCAL YEAR 2014-2016 Past President: President: Vice President: Treasurer:

Michael Rice, P.E. Ellen Smyth, P.E. David McCary Richard McHale

City of Amarillo City of El Paso City of San Antonio City of Austin

Secretary: IB Director: Director: Director:

Morris Williams Vance Kemler Frank Pugsley, P.E. Robert (Holly) Holder, P.E.

City of Midland City of Denton CP & Y, Inc Parkhill, Smith & Cooper

Director: Director:

Paul Gosselink Brenda Haney, P.E.

Lloyd Gosselink, P.C. City of Irving

SWANA – TEXAS LONE STAR CHAPTER

ABSENTEE BALLOT FOR 2014-2016

ELECTION OF DIRECTORS

VOTE FOR RECOMMENDED SLATE OF DIRECTORS

AND OFFICERS (CHECK BOX)

MEMBER NAME: __________________________________________

MEMBER NUMBER: ________________________________________

CITY/COMPANY: __________________________________________

MAIL COMPLETE BALLOT TO:

CITY OF AUSTIN ATTN: RICHARD MCHALE

P.O. BOX 1088

AUSTIN, TEXAS 78767 May 16, 2014

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The Lone Star

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Lloyd Gosselink Rochelle & Townsend, P.C.

is proud to announce that our following law partners have been selected to The Best Lawyers in America© 2014. (Copyright 2013 by Woodward/White, Inc., Aiken, S.C.):

Georgia N. Crump - Energy Law Geoffrey M. Gay - Energy Law

Michael A. Gershon - Water Law Paul G. Gosselink - Environmental Law & Administrative/Regulatory Law

R. Lambeth Townsend - Energy Law

Best Lawyers is considered the oldest and most respected peer-review publication of legal excellence in the legal profes-sion. A listing in Best Lawyers is widely regarded as a significant honor, conferred on a lawyer by his or her peers after ex-haustive, confidential peer-review surveys of tens of thousands of leading lawyers.

Lloyd Gosselink Rochelle & Townsend, P.C. 816 Congress Avenue, Suite 1900 | Austin, Texas 78701 | Telephone: (512) 322-5800

Learn more about the firm at www.lglawfirm.com

Congratulations to one of our Board members, Paul Gosselink. Paul has recently been recognized as a Best Lawyer in Environmental and Administrative/Regulatory Law and as a Chambers Designate in Environmental Law. This is the fourth consecutive year that Paul has been so recognized. These highly selective honors are the result of an extensive peer review process. We appreciate the legal talents Paul brings to TxSwana and congratulate him on his awards.

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The Lone Star

2014 TXSWANA State Road-e-o

June 21, 2014

El Paso, TX

2014 WASTECON

August 24-28, 2014

Grapevine, TX

2014 TXSWANA Annual

Business Meeting

August 28, 2014

Grapevine, TX

2014 SWANA International Road-e-o

September 20, 2014

Denver, CO

Calendar of Events

BOARD OF DIRECTORS

MEETINGS

May 16, 2014 Denton

June 20, 2014 El Paso

July 18, 2014 Amarillo

Aug. 28, 2014 Grapevine

Sept. 19, 2014 Houston

Oct. 17, 2014 Austin

Nov. 21, 2014 San Antonio

MEMBERSHIP ===========================================================

We Welcome the Following New Members (Through May 1, 2014 )

Richard M. Abramowitz

Strategic Materials Inc.

Omar Alegria City of New Braunfels

Jared Birkhead City of Bryan

Curt Bucey Strategic Materials Inc.

Ricky Caballero City of Lubbock

Juvenal Chapa City of Houston

Janie Chapa City of Edinburg

James Collins City of Houston

Jacob Davis Call-Em-All

Brian Dudley Cook-Joyce Inc.

Michael Fair City of Houston

Jordan Fenel City of Georgetown

Consuela Fuentes Waste Management

Gregory J. Fuller City of Houston

Darren Gentle City of Houston

Samiro Gomez City of Edinburg

George M. Hale City of Houston

Chadrick Hobbs City of Houston

Wanda G. Jackson City of Houston

Kerry Jefferson City of Houston

Todd S. Johnson City of Houston

Shawn Johnson City of Houston

Garry W. Jones City of Houston

Michael K. Jones City of Houston

Sunanda Katragadda-Yung

Univ. of Texas at Austin

Teng Lee Graduate Student

LaShunda D. Little City of Houston

Chadwick Little City of Houston

Shae Luther City of Georgetown

Sam H. Masiel City of Conroe

Duane McDonald Republic Services Inc.

Courtney Osborne City of Houston

Chennella Queen City of Houston

Kathy Ragsdale City of Georgetown

Yellambalsi Ramachandra

City of Huntsville

16

Demetria Reed City of Houston

John Richardson City of Houston

Raul Rodriguez City of Fort Stockton

Joanne Song Yu City of Houston

Cozell Taylor City of Houston

James Taylor City of Houston

L. Jamie Terzulli Air Liquide

Kyle A. Walker Biggs and Mathews

Steven Warren City of Houston

Don Webb Multi-Seal Corporation

Andre Webb City of Houston

Ronald Wilks SCS Engineers

Clyde Willis City of Houston

Jill Ybarra City of Plano

Jeff Young Weaver Boos Consultants

Edward Zilton City of Houston