Chairman McNutt called the meeting to order. |
|
| Trustees Present: |
Absent: |
Don McNutt, Chairman
Jim Ford, Vice Chairman
John Albert
Rich AuBuchon
Tom Kolb
Ski Mariea
Danny Opie
Melvin Schebaum
Dan Schuette
Bruce Work |
Tom Pfeiffer |
| Staff Present: |
|
Bob Clarke, Operations Manager, Williams & Company Consulting, Inc
Tim Duggan, Attorney General's Office
Carol R. Eighmey, Executive Director
Pat Eriksen, President, Williams & Company Consulting, Inc
Dan Henry, Williams & Company Consulting, Inc
Pat Vuchetich, General Claims Manager, Williams & Company Consulting, Inc
Diane Wallace, Executive Assistant |
| Others Present: |
Kerry Kaullen, Petroleum Program Administrator,
Division of Weights and Measures, Department of Agriculture
Ken Koon, Chief, Tanks Section, Hazardous Waste Program,
Department of Natural Resources
Ron Leone, Executive Director, MPCA
Mike Martin, Unit Chief, Compliance/Enforcement Section,
Hazardous Waste Program, Department of Natural Resources
David Pate, Midwest Environmental Consultants
Meghan Rodriguez, Staff Member, Petroleum Program,
Division of Weights and Measures, Department of Agriculture
|
Claim Appeal – Former Amoco #5327, Cape Girardeau - Claim 51481
Chairman McNutt noted this item had been added to the agenda, and distributed a summary, which is attached hereto and made a part hereof.** He gave Trustees a few minutes to review the information, then invited questions. Ms. Eighmey noted that costs were pre-approved, reimbursement had been inadvertently denied, and the appeal had been submitted in a timely manner.
Dan Schuette moved to approve an additional payment of $955 on this claim. Ski Mariea seconded. Bruce Work inquired why the cleanup was taking so long; Ms. Eighmey responded that this is one of many cleanups that are taking too long, for a variety of reasons. Motion carried.
Approval of Minutes
Open Session Meeting – January 23, 2008 – Tom Kolb moved that the minutes from the January 23, 2008 Board meeting be approved. John Albert seconded. Motion carried.
Open Session Conference Call – February 13, 2008 – Ski Mariea moved that the minutes from the February 13, 2008 Conference Call be approved. Jim Ford seconded. Motion carried.
Monthly Reports and Decision on Funding New Remedial Claims
Chairman McNutt invited Trustees to review the monthly reports. There was brief discussion about transport load fee revenues and the likelihood that fuel usage will decline in light of increasing prices. Dan Schuette moved that the Board release funding for the six new remedial claims. Jim Ford seconded. Motion carried.
Report - Remedial Claims Project
Chairman McNutt asked if any Trustees had questions or comments on the information provided in their notebooks about this project. Melvin Schebaum noted there had been recent communications with MFA about various properties where MFA Oil and/or MFA Incorporated had tanks or delivered fuel. There was discussion about whether the list should be circulated to other petroleum marketers; it was agreed that the list would be provided to anyone who desires to review it.
Legislative Report
Ms. Eighmey reported that a House Committee hearing on SB907 had been scheduled for the following day; she said there had been no additional developments on legislative issues since the information in the Trustees’ notebooks was prepared. She commented briefly on the other bills listed.
Cash Flow Projection and Transport Load Fee
Chairman McNutt introduced Pat Eriksen, Williams & Company Consulting, to present Williams’ most recent cash flow projection for the Fund. Mr. Eriksen discussed the slides attached hereto and invited questions and discussion from the Trustees.
There was discussion about the Fund’s cash balance and the legislative restrictions regarding it. Several trustees spoke in favor of reducing the transport load fee so the cash balance does not reach $100 million, and noted the conservative assumptions built into the cash flow projection. Mr. Eriksen reviewed his prior year’s projection, and that of the actuary, and compared them with his current estimates. There was additional discussion, including comments about the participation fees currently being charged and the effect that raising them would have on Trust Fund revenues.
Jim Ford moved that the Board announce its intent to reduce the transport load fee to $20 per 8,000 gallons and invite public comments on the proposal. Tom Kolb seconded. Additional discussion followed, during which it was clarified that if SB907 does not pass, the Board can then decide whether to reduce the fee or not. Motion carried.
Risk-Based Corrective Action and Cleanups
Chairman McNutt summarized his recent meeting with Director Childers, Dan Schuette and Carol Eighmey, at which concerns about the pace of cleanups and problems implementing risk-based corrective action were discussed. He emphasized the importance of getting the Department’s requirements codified into regulations and told the Board he had suggested that the Board of Trustees might be willing to pay for an outside expert to do this. He then asked Dan Schuette whether the Department had considered this idea.
Mr. Schuette acknowledged that the DNR is interested in the offer, but had not yet contacted any experts about doing this work, since the Department is still working on revisions to the 2004 Guidance Document.
Discussion ensued. It was noted that other states have published RBCA regulations for tank sites that may provide ideas for Missouri’s regulations. Data showing how the various states rank in getting cleanups completed was reviewed.
Chairman McNutt said the possibility of the Board paying for someone to draft Missouri’s regulations would be reconsidered at a future meeting, after more information is available.
Administrative Issues
Appointment to Advisory Committee – Bruce Work moved to appoint Curtis Jared, Jared Enterprises in Springfield, to the Advisory Committee. Danny Opie seconded. Motion carried.
FY08 Inspections – Chairman McNutt noted that the joint inspection contract is working well.
National Tanks Conference – March 17-19, 2008 – Atlanta, GA – Ms. Eighmey gave a verbal report on this conference, noting that EPA had announced plans to review its UST regulations.
Ethics Commission Reports – Chairman McNutt reminded Trustees that their financial disclosure reports are due May 1.
Billings– Chairman McNutt invited questions from the Trustees on the invoices listed; there were none.
Jim Ford moved that the Board go into closed session to discuss and vote on matters related to legal actions, causes of action, litigation, and/or personnel issues pursuant to Section 610.021, RSMo. Danny Opie seconded. Motion carried.
**For a copy of the information/presentation mentioned in these minutes, please contact the PSTIF Office. Please note, if the information/presentation is in electronic format, it will be sent to you as an email attachment per your request. However, as some information may be in hard copy only, please provide your mailing address at the time of your email request.
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