|
Hearing Request |
|
| Item 1. |
Docket No. 98-1364-AIR. TYLER ASPHALT & GRAVEL COMPANY,
INC. for Air Quality Permit No. 35732 to construct an Asphalt Concrete
Plant. The location of proposed facility is on FM 206, 0.57 mile south of
the intersection of FM 206 and Highway 31 in Tyler, Smith County,
Texas. The Commission will consider the application and hearing
requests that have been filed on the application. (Christopher Gee/Alex
Berksan) |
|
| Grant hearing request and remand to SOAH and Judge will determine who is
authorized a hearing and proceed with hearing, RM/JB. All Commissioners agree. |
|
|
| Item 2. |
Docket No. 98-1333-MWD. Request by City of Lorenzo for a new
permit, proposed Permit No. 10988-002, to authorize the disposal of
treated domestic wastewater at a daily average flow not to exceed 210,000
gallons per day via irrigation on 100 acres. No discharge of pollutants into
the waters of the State is authorized by this permit. The wastewater
treatment facilities and disposal site will be located northeast of the City
of Lorenzo, approximately 1.5 miles northeast of the intersection of U.S.
Highway 82 and State Route 378 in Crosby County, Texas. The
Commission will consider the application and the hearing requests that
have been filed on the application. (Robert Robinson/Margaret Hoffman) |
|
| Deny hearing and issued permit, JB/BM. All Commissioners agree. |
|
|
|
Temporary Authorization |
|
| Item 3. |
Docket No. 98-1422-IHW. Consideration of request by Solutia, Inc. for
the Commission to reissue a Temporary Authorization to allow the
continued operation of a new outdoor container storage area. This new
storage area is a replacement for the smaller 100-ton capacity (limited to
400 55-gallon containers) outdoor container storage area currently
authorized under Permit No. HW-50189-001. The applicant has
submitted a RCRA permit renewal application which includes this change
as a major amendment to their permitted activity. The applicant has also
submitted a Class 3 permit modification as required under TNRCC rules.
The application requests continued authorization to increase the storage
capacity of the facility's outdoor container storage area to 1,500 tons of
mixed hazardous waste solids (greater than 25% increase in facility's
container storage capacity) and to store mixed hazardous waste solids in
various and different containers, including roll-off boxes. The mixed
hazardous waste consists of spent carbon and depleted uranium catalyst
sludge. The applicant operates a plant for the manufacture of chemical
feedstocks and intermediates and is located on Farm-to-Marked Road No.
2917, approximately 7 miles southeast of its intersection with State
Highway No. 35 and 14 miles southeast of Alvin, Brazoria County,
Texas. The Temporary Authorization would terminate 180 days from the
expiration date (January 3, 1999) of the initial Order issued on July 7,
1998, or upon final determination of TNRCC's review of the Class 3
permit modification request, whichever occurs earlier. (Katherine
Nelson/Arnoldo Medina) |
|
| Issue temporary authorization, JB/BM. Marquez recused. |
|
|
|
Temporary Order |
|
| Item 4. |
Docket No. 98-1436-UCR. Consideration of a Temporary Order
pursuant to Tex. Water Code ch.5, subch. L. to appoint Canyon Ridge
Investment as Temporary Manager of the Siesta Estates Mobile Home
Park sewer service system (the "Utility") in Randall County, Texas
owned, operated and/or managed by Bruce Frank doing business as Siesta
Estates Mobile Home Park, pursuant to Chapter 13 of the Texas Water
Code and the rules of the Texas Natural Resource Conservation
Commission, to address the abandonment of the Utility by Bruce Frank
and to ensure continued operation of the Utility and to provide continuous
and adequate services to the customers. (Mary R. Risner) |
|
| Issue Temporary Order with changes, BM/RM. All Commissioners agree. |
|
|
|
Resolution |
|
| Item 5. |
Docket No. 98-1431-RES. A Resolution authorizing the Executive
Director to enter certain settlement agreements for the Houston Lead
Voluntary Cleanup Program Site. (Charles Vorndran) |
|
| Approve resolution with changes, BM/RM. All Commissioners agree. |
|
|
|
Modify, Affirm, or Set Aside an Emergency Order |
|
| Item 6. |
Docket No. 98-1419-PWS. Consideration of whether to Modify, Affirm,
or Set Aside an Emergency Order issued on November 20, 1998 by the
Texas Natural Resource Conservation Commission pursuant to Tex.
Water Code ch.5, subch L. The Emergency Order appointed Homestead
Municipal Utility District as temporary manager of the Mountain Sun
Water System (the "Utility"), owned, operated, and/or managed by West
Texas Metals, Inc., pursuant to Chapter 13 of the Texas Water Code and
the rules of the Texas Natural Resource Conservation Commission, in
order to address the abandonment of the Utility by West Texas Metals,
Inc.; to ensure continued operation of the Utility; and to provide
continuous and adequate services to customers. (Mary Risner) |
|
| Affirm emergency Order with changes, BM/RM. All Commissioners agree. |
|
|
|
Miscellaneous |
|
| Item 7. |
Docket No. 98-0417-MIS. Consideration of gifts and donations of
$500.00 or more in value given to the TNRCC in the first quarter of fiscal
year 1999 in accordance with Senate Bill 145, which added Chapter 575
to the Government Code, concerning acceptance of gifts by certain state
agencies. (Criston Klotz) |
|
| Approve Memorandum as recommended by staff, BM/JB. All Commissioners agree. |
|
|
|
Air Enforcement Agreed Orders |
|
| Item 8. |
Docket No. 98-0177-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against Mr. Richard Taff dba Vintage Car Wash in El Paso County;
Account No. EE-0989-C; for air quality violations pursuant to the Texas
Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water
Code, Chapter 7, and the rules of the Texas Natural Resource
Conservation Commission. (Lawrence King) |
|
| Issued Agreed Order, RM/BM. All Commissioners agree. |
|
|
| Item 9. |
Docket No. 98-0966-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Scan-Pac Manufacturing, Inc.in Montgomery County; Account No.
MQ-0106-G; for air quality violations pursuant to the Texas Clean Air
Act, Texas Health & Safety Code, Chapter 382, Texas Water Code,
Chapter 7, and the rules of the Texas Natural Resource Conservation
Commission. (Miriam Hall) |
|
| Issued Agreed Order, RM/BM. All Commissioners agree. |
|
|
| Item 10. |
Docket No. 98-0680-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against Altura Energy Ltd. in Yoakum County; Account No. YA-0052-H;
for air quality violations pursuant to the Texas Clean Air Act, Texas
Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and
the rules of the Texas Natural Resource Conservation Commission.
(Sheila Smith) |
|
| Issued Agreed Order, RM/BM. All Commissioners agree. |
|
|
| Item 11. |
Docket No. 98-0855-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against Melvin Woods dba Sundance Motors in Dallas County; Account
No. DB-4696-T; for air quality violations pursuant to the Texas Clean Air
Act, Texas Health & Safety Code, Chapter 382, Texas Water Code,
Chapter 7, and the rules of the Texas Natural Resource Conservation
Commission. (Michael De La Cruz) |
|
| Issued Agreed Order, RM/BM. All Commissioners agree. |
|
|
| Item 12. |
Docket No. 98-0744-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against Accutech Wood Products Incorporated in Ellis County; Account
No. ED-0309-V; for air quality violations pursuant to the Texas Clean Air
Act, Texas Health & Safety Code, Chapter 382, Texas Water Code,
Chapter 7, and the rules of the Texas Natural Resource Conservation
Commission. (Michael De La Cruz) |
|
| Issued Agreed Order, RM/BM. All Commissioners agree. |
|
|
|
Public Water Supply Enforcement Agreed Orders |
|
| Item 13. |
Docket No. 96-1890-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Capital
Intermediary Company in Collin County; TNRCC ID No. 043073; for
public drinking water violations public drinking water violations pursuant
to Chapter 341 of the Texas Health & Safety Code and the rules of the
Texas Natural Resource Conservation Commission. (Robin Houston) |
|
| Issued Agreed Order, RM/JB. All Commissioners agree. |
|
|
| Item 14. |
Docket No. 97-0679-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Kurt
Dohman dba Tiffany Water Company in Galveston County; TNRCC ID
No. 0840057; for public drinking water violations pursuant to Chapter
341 of the Texas Health & Safety Code and the rules of the Texas Natural
Resource Conservation Commission. (Robin Houston) |
|
| Issued Agreed Order, RM/JB. All Commissioners agree. |
|
|
| Item 15. |
Docket No. 98-0728-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Stone
Hedge Utility Company, Incorporated dba Stonehedge Estates in
Montgomery County; TNRCC ID No. 1700102; for public drinking water
violations pursuant to Chapter 341 of the Texas Health & Safety Code
and the rules of the Texas Natural Resource Conservation Commission.
(Robin Houston) |
|
| Issued Agreed Order, RM/JB. All Commissioners agree. |
|
|
| Item 16. |
Docket No. 97-1157-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Harbour Seafood, Inc. in Galveston County; PWS No. 0840234; for
drinking water quality violations pursuant to Texas Health & Safety
Code, Chapter 341, 30 TAC, Chapter 290, and the rules of the Texas
Natural Resource Conservation Commission. (Adele Noel) |
|
| Issued Agreed Order, RM/JB. All Commissioners agree. |
|
|
| Item 17. |
Docket No. 98-0106-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of John
Badger dba Lakeside RV Resort & Marine in Polk County; PWS No.
1870060; for drinking water quality violations pursuant to Texas Health
& Safety Code, Chapter 341 and the rules of the Texas Natural Resource
Conservation Commission. (Gilbert Angelle) |
|
| Remanded item to staff. |
|
|
| Item 18. |
Docket No. 98-0153-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Mill
Creek Estates Association in Grimes County; PWS No. 0930054; for
drinking water quality violations pursuant to the Texas Health & Safety
Code, Chapter 341, 30 TAC, Chapter 290, and the rules of the Texas
Natural Resource Conservation Commission. (Subhash Jain) |
|
| Issued Agreed Order, RM/JB. All Commissioners agree. |
|
|
| Item 19. |
Docket No. 97-1152-PWS-E. Consideration of an Agreed Order
assessing administrative penalties against Barbara Rudd dba Rudd
Country Incorporated in Lubbock County; PWS No. 1520103; for
drinking water quality violations pursuant to Texas Health and Safety
Code, Chapter 341, 30 TAC, Chapter 290, and the rules of the Texas
Natural Resource Conservation Commission. (Sandy VanCleave) |
|
| Item continued to January 13, 1999. |
|
|
|
Agricultural Enforcement Agreed Orders |
|
| Item 20. |
Docket No. 97-0197-AGR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Bradeco, Inc. in Erath County: TNRCC ID No. 03269-000; for dairy
operation water quality violations pursuant to Chapter 26 of the Texas
Water Code and the rules the Texas Natural Resource Conservation
Commission. (Kara Salmanson) |
|
| Issued Agreed Order, BM/JB. All Commissioners agree. |
|
|
| Item 21. |
Docket No. 97-1019-AGR-E. Consideration of an Agreed Order
assessing administrative Penalties and requiring certain actions of Robert
Lueck dba Lueck Dairy in Erath County; TNRCC ID No. 3439; for dairy
operation water quality violations pursuant to Chapter 26 of the Texas
Water Code and rules of the Texas Natural Resource Conservation
Commission. (Kara Salmanson) |
|
| Issued Agreed Order, BM/JB. All Commissioners agree. |
|
|
|
On-Site Inspection Default Order |
|
| Item 22. |
Docket No. 97-1049-OSI-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Bret Ferrell in
Titus County; TNRCC ID No. None; for on-site sewage installer
violations pursuant to Chapter 366 of the Texas Health & Safety Code
and the rules of the Texas Natural Resource Conservation Commission.
(Mary Risner) |
|
| Issued Default Order, JB/RM. All Commissioners agree. |
|
|
| Item 23. |
Docket No. 97-0693-OSI-E. Consideration of an Agreed Order assessing
administrative penalties of Phillip Whitley in Montgomery County; No
On-Site Sewage Facility Installer Certificate of Registration; for licensing
certification violations pursuant to Texas Health & Safety Code, Chapter
366 and the rules of the Texas Natural Resource Conservation
Commission. (Brian Lehmkuhle) |
|
| Issued Agreed Order, BM/RM. All Commissioners agree. |
|
|
|
Landscape Irrigator Installer Enforcement Agreed Order |
|
| Item 24. |
Docket No. 97-0424-LII-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Don Hewett in
Fort Bend County; TNRCC ID No. None; for landscape irrigator installer
violations pursuant to Chapter 34 of the Texas Water Code and the rules
of the Texas Natural Resource Conservation Commission. (Bill Jang) |
|
| Issued Agreed Order, RM/BM. All Commissioners agree. |
|
|
|
Municipal Solid Waste Enforcement Agreed Order |
|
| Item 25. |
Docket No. 97-0088-MSW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Timberline Designs, Inc. and Bondolier Corp. dba Reconstruction
Specialties Co., in Williamson County; Unauthorized MSW No.
455110027; for municipal solid waste violations pursuant to the Texas
Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety
Code, Chapter 26 of the Texas Water Code, and the rules of the Texas
Natural Resource Conservation Commission. (Mary Risner) |
|
| Issued Agreed Order, JB/RM. All Commissioners agree. |
|
|
|
Municipal Waste Discharge Enforcement Agreed Orders |
|
| Item 26. |
Docket No. 98-0156-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Adagio,
Inc. in Harris County; TNRCC Permit No. 12406-001; for water quality
violations pursuant to the Texas Water Code, Chapters 7 and 26 and the
rules of the Texas Natural Resource Conservation Commission. (Craig
Carson) |
|
| Issued Agreed Order, RM/BM. All Commissioners agree. |
|
|
| Item 27. |
Docket No. 98-0457-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Tom Bean in Grayson County; Permit No. 10057-001; for water
quality violations pursuant to the Texas Water Code, Chapters 7 and 26
and the rules of the Texas Natural Resource Conservation Commission.
(Michael Meyer) |
|
| Issued Agreed Order, RM/BM. All Commissioners agree. |
|
|
| Item 28. |
Docket No. 98-0354-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Cross
Roads Independent School District in Henderson County; Permit No.
13789-001; for water quality violations pursuant to the Texas Water
Code, Chapters 7 and 26 and the rules of the Texas Natural Resource
Conservation Commission. (Michael Meyer) |
|
| Issued Agreed Order, RM/BM. All Commissioners agree. |
|
|
|
Industrial Waste Discharge Enforcement Agreed Order |
|
| Item 29. |
Docket No. 98-0347-IWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Air
Liquide America Corporation in Dallas County; Permit No.
WQ0002284-001; for water quality violations pursuant to the Texas
Water Code, Chapters 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Craig Carson) |
|
| Issued Agreed Order, BM/JB. All Commissioners agree. |
|
|
|
Edwards Aquifer Enforcement Agreed Order |
|
| Item 30. |
Docket No. 98-0374-EAQ-E. Consideration of an Agreed Order
assessing administrative penalties for Rhett M. Dawson & Co., Inc. in
Williamson County; for water quality violations pursuant to Texas Water
Code, Chapters 7 and 26 and the rules of the Texas Natural Resource
Conservation Commission. (Merrilee Gerberding) |
|
| Issued Agreed Order, BM/JB. Marquez Absent |
|
|
Petroleum Storage Tank Enforcement Agreed Orders |
|
| Item 31. |
Docket No. 98-0346-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Henderson County in Henderson County; PST Facility ID Nos. 17869,
17871, 17873 & 57825; for petroleum storage tank violations pursuant to
the Texas Water Code, Chapters 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Sushil Modak) |
|
| Issued Agreed Order, JB/BM. All Commissioners Agree |
|
| Item 32. |
Docket No. 98-0646-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Sulaiman Al-Haddad in Dallas County; PST Facility Identification No.
46216; for petroleum storage tank violations pursuant to Texas Health &
Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of
the Texas Natural Resource Conservation Commission. (Gloria Stanford) |
|
| Issued Agreed Order, JB/BM. All Commissioners Agree |
|
| Item 33. |
Docket No. 98-0781-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of J.L.
Riley Enterprises, Inc. and Michael Jamieson in Dallas County; PST
Facility ID No. 16897; for petroleum storage tank violations pursuant to
Chapter 382 of the Texas Health and Safety Code, Chapter 7 of the Texas
Water Code and the rules of the Texas Natural Resource Conservation
Commission. (Paula Spears) |
|
| Issued Agreed Order, JB/BM. All Commissioners Agree |
|
| Item 34. |
Docket No. 98-0473-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Mr.
Jack Pagan in Nueces County; PST Facility ID No. 16785; Enforcement
ID No. 12442; for petroleum storage tank violations pursuant to Texas
Water Code, Chapters 7 and 26, and the rules of the Texas Natural
Resource Conservation Commission. (Julia McMasters) |
|
| Issued Agreed Order, JB/BM. All Commissioners Agree |
|
|
|
Industrial Hazardous Waste Enforcement Agreed Order |
|
| Item 35. |
Docket No. 98-0368-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Schumacher Company, Inc. in Harris County; Solid Waste Registration
No. 31579; for industrial & hazardous waste violations pursuant to the
Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health &
Safety Code, Chapters 7 and 26 of the Texas Water Code, and the rules of
the Texas Natural Resource Conservation Commission. (Anne
Nyffenegger) |
|
| Issued Agreed Order, RM/BM. All Commissioners Agree |
|
|
Rules (Publication and Hearing) |
|
| Item 36. |
Docket No. 98-1335-RUL. Consideration for publication of Proposed
Notice of Review for 30 TAC Chapter 101, concerning General Rules.
This review is in accordance with the General Appropriations Act, Article
IX, Section 167, 75th Legislature, 1997, which requires state agencies to
review and consider for readoption rules adopted under the
Administrative Procedure Act. (Beecher Cameron) (Rule Log No.
98071-101-AD). |
|
| Continued to January 13, 1999 |
|
| Item 37. |
Docket No. 98-1336-RUL. Consideration for publication of proposed
notice of review for 30 TAC Chapter 113, concerning Control of Air
Pollution from Toxic Materials. This review is in accordance with the
General Appropriations Act, Article IX, Section 167, 75th Legislature,
1997, which requires state agencies to review and consider for readoption
rules adopted under the Administrative Procedure Act. (Alan Henderson)
(Rule Log No. 98032-113-AI). |
|
| Continued to January 13, 1999 |
|
| Item 38. |
Docket No. 98-1332-RUL. Consideration for publication of, and hearing
upon, proposed amendments to 30 TAC Chapter 1, concerning Purpose of
Rules, General Provisions; 30 TAC Chapter 3, concerning Definitions; 30
TAC Chapter 5, concerning Advisory Committees; 30 TAC Chapter 10,
concerning Commission Meetings; 30 TAC Chapter 305, concerning
Consolidated Permits; and 30 TAC Chapter 312, concerning Sludge Use,
Disposal, and Transportation. The primary purpose of this action is to
clarify the rules and make minor corrections to references. These changes
were identified in the course of the Texas Natural Resource Conservation
Commission's (commission) review of these rules. This action also
includes the commission's review of the rules contained in 30 TAC
Chapters 1, 3, 5, 10, 20, and 40, in accordance with the General
Appropriations Act, Article IX, Section 167, 75th Legislature, 1997.
(Brian Christian) (Rule Log No. 98049-001-AD) |
|
| Go forth with publication and hearing, RM/JB. All Commissioners Agree |
|
| Item 39. |
Docket No. 98-1057-RUL. Consideration for publication and hearing on
proposed revisions to 30 TAC Chapter 115, Subchapter A, Section
115.10, concerning Definitions; Subchapter C, concerning Volatile
Organic Compound Transfer Operations: Division 1, Sections 115.211-115.217 and 115.219, concerning Loading and Unloading of Volatile
Organic Compounds; Division 2, Sections 115.221-115.227 and 115.229,
concerning Filling of Gasoline Storage Vessels (Stage I) for Motor
Vehicle Fuel Dispensing Facilities; Division 3, Sections 115.234-115.237
and 115.239, concerning Control of Volatile Organic Compound Leaks
from Transport Vessels; and revisions to the State Implementation Plan
(SIP) regarding these proposed revisions. These revisions will extend to
the 95-county regional VOC control zone the Chapter 115 rules for
Stage I vapor recovery, gasoline terminals, gasoline bulk plants, and
gasoline tank-truck leak testing which currently apply in the
Beaumont/Port Arthur, El Paso, Houston/Galveston, and Dallas/Fort
Worth ozone nonattainment areas. The revisions also reorganize and
modify existing portions of these Chapter 115 rules which apply in these
four ozone nonattainment areas and in Aransas, Bexar, Calhoun, Gregg,
Matagorda, Nueces, San Patricio, Travis, and Victoria Counties. (Bill
Jordan/Eddie Mack) (Rule Log No. 98028-115-AI) |
|
| Continued to Dec 17, 1998 Work Session |
|
| Item 40. |
Docket No. 98-1410-RUL. Consideration for publication and hearing on
proposed amendments to 30 TAC Chapter 114, Subchapter A, Section
114.1, concerning Definitions; and new Subchapter H, Sections 114.301
concerning Control Requirements for Reid Vapor Pressure; 114.302
concerning Control Requirements for Sulfur; 114.305 concerning
Approved Test Methods; 114.306 concerning Recordkeeping
Requirements; 114.307 concerning Exemptions; and 114.309 concerning
Affected Counties; and revisions to the State Implementation Plan (SIP)
regarding these proposed revisions. These revisions will require volatility
and sulfur controls on gasoline in the 95-county regional control zone and
the 15 counties of the Beaumont/Port Arthur, Dallas/Fort Worth, and
Houston/Galveston ozone nonattainment areas. (Bill Jordan/Eddie Mack)
(Rule Log No. 98058-114-AI) |
|
| Go forth with publication and hearing with instructions to staff from commissioners,
BM/JB. All Commissioners Agree. Reconsider item # 40, BM/RM. All
Commissioners Agree. Continued to Dec 17, 1998 Work Session, BM/RM. All
Commissioners Agree |
|
| Item 41. |
Docket No. 98-1297-RUL. Consideration for publication of, and hearing
upon, proposed amendments to 30 TAC Chapter 70, Subchapters A - C,
concerning Enforcement. If approved, the proposed amendments would
clarify the rules to make them more clearly consistent with provisions of
Texas Water Code, Chapters 5 and 7; Texas Government Code, Chapter
2001, the Administrative Procedure Act; and the Texas Rules of Civil
Procedure. In addition, this action includes the commission's review of
the rules contained in 30 TAC Chapter 70, in accordance with the General
Appropriations Act, Article IX, Section 167, 75th Legislature, 1997.
(Tracy Harrison) (Rule Log No. 98053-070-AD) |
|
| Continued to January 13, 1999 |
|
| Item 42. |
Docket No. 98-1437-RUL. Consideration for publication in the Texas
Register and the holding of a public meeting on proposed changes to 30
TAC 321, Subchapter B concerning the discharge of waste into or
adjacent to waters in the state by confined or concentrated animal feeding
operations (CAFO). The rules concern the authorization of such discharge
by individual permit or registration. The proposed changes will make the
existing rules consistent with the EPA Region 6 CAFO general permit
requirements and allow the commission to fulfill requirements for
TPDES assumption. (Margaret Hoffman) (Rule Log No. 98074-321-WT) |
|
| Approve publication into Tex Register and Hold Public Meeting, JB/BM. All
Commissioners Agree |
|
| Item 43. |
Docket No. 98-1438-RUL. Consideration for publication of notice and
the holding of a public meeting on a proposed general permit to be issued
under Texas Water Code §26.040. The proposed general permit would
apply to the entire state of Texas and would regulate the off-site land
disposal of waste or wastewater from animal feeding
operations.(Margaret Hoffman)(Rule Log No. 98074-321-WT) |
|
| See Item #50 |
|
|
Rules (Adoption) |
|
| Item 44. |
Docket No. 98-0740-RUL. Consideration for adoption of amendments to
30 TAC Chapter 330, Subchapter P, Section 330.601, concerning Purpose
and Applicability; Section 330.602, concerning Fees; and Section
330.603, concerning Reports. If adopted, the amendments will clarify the
method of reporting waste received for disposal at a landfill or processing
facility as a basis for accurately calculating the amount of waste disposal
fees owed, and will repeal Section 330.602(a)(8), which expired on
December 31, 1996. The proposal was published in the September 4,
1998, issue of the Texas Register (23 TexReg 8996). (Hector Mendieta)
(Rule Log No. 97185-330-WS) |
|
| Adopt Amendments, JB/RM. All Commissioners Agree |
|
| Item 45. |
Docket No. 98-0887-RUL. Consideration for adoption of a proposed
new 30 TAC Chapter 37, Subchapter O, Sections 37.5001, 37.5002,
37.5011, concerning Financial Assurance for Public Drinking Water
Systems and Sewer Utilities, a proposed amendment to 30 TAC
Subchapter A, Section 80.3, concerning Judges, proposed amendments to
30 TAC Chapter 290, concerning Public Drinking Water, proposed
amendments to 30 TAC Chapter 291, concerning Utility Regulation, the
proposed repeal of 30 TAC Chapter 291, Section 291.16, concerning
Applicability of Commission Service Rules, and a proposed new 30 TAC
Chapter 291, Sections 291.34, 291.140, 291.144, 291.150-291.153,
concerning Utility Regulation. The proposed rules would implement S.B.
1, Article 6, 75th Legislature 1997, streamline existing rules, and clarify
the intent of existing rules. The proposed rules were published in the
October 23, 1998, issue of the Texas Register (23 Tex. Reg. 10803). In
addition, this proposed action constitutes the commission's review of the
rules contained in 30 TAC Chapter 290, Subchapters D-G, concerning
Public Water Systems, and 30 TAC Chapter 291, concerning Utility
Regulation, in accordance with the General Appropriations Act, Article
IX, Rider 167, 75th Legislature, 1997. The proposed rules review was
published in the October 23, 1998, issue of the Texas Register (23 Tex.
Reg. 10925). (Wayne Wiley) (Rule Log No. 97148-291-WT) |
|
| Continued to January 13, 1999 |
|
| Item 46. |
Docket No. 98-0848-RUL. Consideration for adoption in the Texas
Register amendments to 30 TAC 285, concerning the implementation of
House Bill 3059 (1997) regarding the definition of on-site sewage
facilities and permitting and maintenance requirements for aerobic
treatment systems. If adopted, the amendments will expand the definition
of local governmental entity to include public health districts, provide an
option for certain owners of aerobic treatment systems to perform the
required maintenance personally or through a maintenance contract, and
update the testing criteria of certain aerobic treatment systems to National
Sanitation Foundation International standards. The proposal was
published in the September 25, 1998, issue of the Texas Register (23
TexReg 9701). (Warren Samuelson) (Rule Log No. 97150-285-WT) |
|
| Adopt Amendments with changes, BM/RM. All Commissioners Agree |
|
|
Rules (Withdrawal) |
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| Item 47. |
Docket No. 98-0628-RUL. Consideration for withdrawal of the proposed
repeal of 30 TAC Chapter 106, Subchapter A, concerning general
requirements for exemptions from permitting; proposed new 30 TAC
Chapter 106, Subchapter A, concerning general requirements for
exemptions from permitting; and proposed revisions to 30 TAC Chapter
116, Section 116.620, concerning installation and/or modification of oil
and gas facilities. If approved, the withdrawal would formally terminate
the rule proposal published in the Texas Register on September 11, 1998
(23 TexReg 9251). (Jim Dodds, Kerry Drake) (Rule Log No. 98020-106-AI). |
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| Withdrawal of proposed repeal, JB/RM. All Commissioners Agree |
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EXECUTIVE SESSION |
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| Item 48. |
Docket No. 98-1156-EXE. THE COMMISSION WILL CONDUCT A
CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL
DISCUSS PENDING OR CONTEMPLATED LITIGATION,
SETTLEMENT OFFERS, AND/OR THE APPOINTMENT,
EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES,
DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION
EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open
Meetings Act, codified as Chapter 551 of the Government code. No final
action, decision or vote with regard to any legal or personnel matter
considered in the closed meeting shall be made in the absence of further
notice issued in accordance with Chapter 551 of the Government Code. |
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| No Action Taken |
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| Item 49. |
Docket No. 98-1157-EXE. THE COMMISSION WILL CONDUCT A
CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND
RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC
PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT,
CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. No
final action, decision, or vote with regard to any matter considered in
closed session shall be made in the absence of further notice issued in
accordance with Chapter 551 of the Government Code. |
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| No Action Taken |
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(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE
TNRCC AGENDA AND WHO MAY NEED AUXILIARY AIDS OR
SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE
DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR
BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE
OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST TWO
(2) WORK DAYS PRIOR TO THE AGENDA, SO THAT
APPROPRIATE ARRANGEMENTS CAN BE MADE.) (PERSONS
WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN
CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS
TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS
IN THE OFFICE OF CHIEF CLERK AT (512) 239-3317 AT LEAST
FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT
APPROPRIATE ARRANGEMENTS CAN BE MADE.) |
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REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL
9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE
REGISTRATION COULD RESULT IN YOUR MISSING THE
OPPORTUNITY TO COMMENT ON YOUR ITEM. |
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