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the dispute resolution process is terminated and each agency may proceed independently
according to its rights under state and federal law.
(iii) Each Trustee may automatically obtain one 14-calendar-day
extension in this process by sending notice of such to all primary Trustee
contacts involved in a particular dispute. Additionally, the 14-calendar-day
period may be extended by mutual agreement of all Trustees involved in a particular
dispute.
(3) Waiver of a Trustee's role in the ecological services analysis
process. If a Trustee has waived its involvement in the ecological services
analysis process outlined in this MOU (either specifically or through failure
to respond to notification within the required time frame) and has not reentered
the process pursuant to subsection (j) of this MOU, then the Trustee has waived
its role in the ecological services analysis process as set forth by TRRP
rules, specifically 30 TAC §350.33(a)(3)(B) and §350.77(f)(2).
(i) Efficiencies. The parties recognize that due to the nature
of a person's submittal, efficiencies may be gained by combining the notification
and other processes under subsections (g) and (h)(1) of this MOU. Any such
combined notification shall be clearly identified as such and shall serve
to satisfy both of these subsections.
(j) Trustee re-entry and early exit from process.
(1) If a Trustee has waived its involvement in the ecological
risk assessment or ecological services analysis process (either specifically
or through failure to respond to notification within the required time frame),
the Trustee may resume its involvement in the process by advising the TNRCC
Trustee in writing (electronic mail not acceptable)
of its intent to participate in subsequent notification and coordination activities.
However, upon a deferred entry or a re-entry to the ecological risk assessment
or ecological services analysis processes, the Trustee involvement in the
TRRP process shall be prospective only and may not challenge previous decisions
regarding the ecological risk assessment and ecological services analysis.
Additionally, a Trustee may not challenge joint decisions made within the
TRRP process on the ecological risk assessment or ecological services analysis
during that Trustee's prior participation in the process.
(2) Likewise, a Trustee participating in the ecological risk
assessment or ecological services analysis process may decline future involvement
by advising the TNRCC Trustee in writing (electronic mail
not acceptable) of its intent not to participate in future notification
and coordination activities.
(3) In the event that all the Trustees have waived involvement
in the ecological services analysis process (either specifically or through
failure to respond to notification within the required time frame), the TNRCC
Trustee shall provide oversight of and approval or disapproval with comments
on the compensatory ecological restoration and other activities associated
with the ecological services analysis.
(k) Affected property activities. The Trustees shall promptly
notify the TNRCC PM prior to initiating any Trustee activities (e.g., site
visits) on an affected property and shall coordinate with the TNRCC PM on
any such activities which may affect the remedial/corrective action at an
affected property.
(l) September 1995 Memorandum of Agreement. Any Trustee activities,
issues, or responsibilities not specifically addressed herein, shall be governed
by the September 1995 Memorandum of Agreement between the Trustees.
(m) Reservation of rights. Except as specifically stated herein,
this MOU does not compromise or affect any legal rights of the parties, nor
does it narrow the scope of any party's authority or jurisdiction. This MOU
does not compromise or affect any rights of the parties with regard to natural
resource damage actions.
(n) Third party challenges or appeals. The rights and responsibilities
contained in this MOU may not be the basis of any third party challenge or
appeal. Nothing in this MOU creates any rights or causes of action in persons
not parties to this MOU.
(o) Appropriated funds. Nothing in this MOU shall be construed
as obligating the United States, the State of Texas, or any public agency,
their officers, agents or employees, to expend any funds in excess of appropriations
authorized by law.
(p) Termination and amendment. This MOU shall terminate by
written agreement of all the parties. Any party may withdraw from this MOU
for any reason. In the event that any party withdraws from the MOU, it must
provide written notice to the other parties. In the event of such withdrawal,
the MOU remains in full force and effect for the remaining parties. This MOU
may also be amended by written agreement of all the parties. Any termination,
withdrawal, or amendment must be preceded by appropriate rulemaking.
(q) Effective date and signatures. This MOU may be signed by
each of the parties in two or more counterparts which together shall constitute
one and the same document and shall become effective upon the date of last
signature.
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