DRAFT MINUTES
(verified with meeting transcript)
CENTRAL INTERSTATE LLRW COMMISSION
TUESDAY, February 17, 2004, 7:00 A.M.
In compliance with Commission Bylaws and Rules, a meeting
notice announcing the date, time, location and agenda availability was mailed
to the interested parties February 11, 2004.
An Emergency Telephone Meeting of the Central Interstate
LLRW Commission was held Tuesday, February 17, 2004, for the purpose of
responding to the State of Nebraska’s request that the Commission agree to a
stay and to take action on two export applications.
Participating in the meeting via telephone were: Laura
Gilson, Arkansas Commissioner;
James O’Connell, Kansas Commissioner; Greg Hayden, Nebraska
Commissioner;
Michael Henry, Louisiana Commissioner; and Catherine Sharp,
Oklahoma Commissioner and Commission Chairperson.
Shawn Renner, Commission legal counsel and Jody Fenner with
the State of Nebraska’s Attorney General’s office also joined the
teleconference.
Rita Houskie, Commission Administrator was present in the
Commission office at 1033 ‘O’ Street, Suite 530, Lincoln, Nebraska.
The meeting was called to order at approximately 7:10 a.m.
and all but one commissioner responded to the roll call. Chairperson Commissioner Sharp was not
available so Commissioner James O’Connell chaired the meeting. Commissioner Sharp joined later.
No requests by members of the public were made to speak
during the general public comment period.
The Acting Chair asked for a
motion to approve the Declaration of Emergency.
Motion by Louisiana, second by Arkansas, to approve
the Declaration of Emergency Telephone Meeting.
Motion
passed 5-0
The Acting Chair asked that the export applications be
considered first.
Motion (Resolution
1) by Arkansas, second by Louisiana, to approve the Application to
Export Waste for:
Oklahoma State University
Environmental Health and Safety, FY03-04
Northwestern Oklahoma State
University, FY03-04
Motion
passed 5-0
At the request of the Acting
Chair, outside legal counsel reported on the conference with the magistrate
judge regarding the scheduling of preparations for the revocation of membership
litigation. Counsel indication that the
State of Nebraska, prior to the meeting, had made a request of the Commission
for a stay in that part of the litigation that awaits the 8th
Circuit Court of Appeals decision. The
Nebraska representative commented and responded to questions.
Motion by Arkansas, second by Louisiana, to reject the State of Nebraska’s request
for a stay.
Motion
passed 4-1 (Nebraska voting no)
Motion by Oklahoma, second by Arkansas, to adjourn the meeting.
Motion passed 5-0.
The meeting was adjourned at approximately 7:29 a.m.