Item carried forward from Agenda of March 24, 1999.
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Petition to Revoke Municipal Solid Waste Permit |
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Item 1. |
Docket No. 1999-0011-MSW. Consideration of the Executive Director's
petition to revoke Innovex, Inc.'s permit (Permit No. MSW-2230) for
good cause, including failure to construct the facilities necessary to
conform with the permit, abandonment, misrepresentation of a relevant
fact, and failure to fully disclose all relevant facts during the application
process. The permit authorizes the operation of a Type V Municipal
Solid Waste Processing Facility (grease and grit trap) in Lubbock County
with a maximum total capacity of 15,000 gallons per day. The
commission also convene a public hearing on this matter. (Marissa
Perales). |
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Approve Revoking Innovex, Inc's permit, JB/RM. All Commissioners Agree |
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Authorizations to Construct |
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Item 2. |
Docket No. 1999-0433-MWD. Consideration of a Request by Utilities
Investment Company, Inc. for an Order authorizing construction of a
wastewater treatment facility in Montgomery County, Texas, before
Commission consideration of its application for a wastewater discharge
permit under sections 26.019 and 26.027(c) of the Texas Water Code.
The proposed authorization to construct would not permit the use of the
newly constructed wastewater treatment facility. (Robin Smith, Julian
Centeno). |
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Approve Order with Changes, Authorizing Construction RM/RH. All Commissioners
Agree |
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Item 3. |
Docket No. 1999-0426-MWD. Consideration of a Request by
Summerfield Corporation for an Order authorizing construction of a
wastewater treatment facility in Jefferson County, Texas, before
Commission consideration of its application for a wastewater discharge
permit under section 26.019 and 26.027(c) of the Texas Water Code. The
proposed authorization to construct would not permit the use of the newly
constructed wastewater treatment facility. (Monique Norman, Jon
Foulds). |
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Approve Order Authorizing Construction, JB/RM. Robert Huston voted no. |
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Item 4. |
Docket No. 1999-0434-MWD. Consideration of a Request by FORT
BEND COUNTY MUNICIPAL DISTRICT NO. 368 for an Order
authorizing construction of a wastewater treatment plant, in Fort Bend
County, Texas, before Commission consideration of its application for a
wastewater permit under Sections 26.019 and 26.027(c) of the Texas
Water Code. The proposed authorization to construct would not permit
the use of the newly constructed wastewater treatment system. (Kathy
Brown, Kent H. Trede) |
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Remand to Executive Director |
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Item 5. |
Docket No. 1999-0436-MWD. Consideration of RAYFORD ROAD
MUNICIPAL UTILITY DISTRICT'S request for an Order under Texas
Water Code Sections 26.019 and 26.027(c) authorizing commencement of
construction of an expansion of its wastewater facility before Commission
consideration of the District's application for an amendment. The
wastewater treatment facility expansion would be located north of
Rayford Road approximately 2.1 miles east of the intersection of Rayford
Road and Interstate Highway 45, in Montgomery County, Texas. The
proposed authorization to construct would not permit the treatment of
discharge of any wastewater from the new construction. (Fread
Houston/Zdenek Matl) |
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Continued to May 12, 1999 |
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Item 6. |
Docket No. 1999-0435-MWD. Consideration of the City of
Georgetown's request for an Order under Texas Water Code Sections
26.019 and 26.027(c) authorizing commencement of construction of its
proposed wastewater facility before Commission consideration of the
City's application for a wastewater discharge permit. The wastewater
treatment facility would be located approximately 1.8 miles west of the
Town of Weir and approximately 4.2 miles northeast of the intersection of
Interstate Highway 35 and Farm-to- Market Road 971 in Williamson
County, Texas. The proposed authorization to construct would not permit
the treatment or discharge of any wastewater from the new construction.
(Fread Houston/Melinda Luxemburg) |
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Approve Order Authorizing Construction with changes to order, RM/JB. All
Commissioners Agree |
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Petroleum Storage Tank Enforcement Agreed Orders |
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Item 7. |
Docket No. 1998-1141-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Mr.
Younis Khail dba Super Stop #5 in Jefferson County; PST ID No.
0006519; for petroleum storage tank violations pursuant to the Texas
Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and
the rules of the Texas Natural Resource Conservation Commission. (Craig
Fleming) |
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Issue Agreed Order, RM/RH. All Commissioners Agree |
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Item 8. |
Docket No. 1996-0818-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Chappell, Inc. in Eastland County; TNRCC ID No. E11268; for petroleum
storage tank violations pursuant to Chapter 26 of the Texas Water Code
and the rules of the Texas Natural Resource Conservation Commission.
(Booker Harrison) |
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Issue Agreed Order, RM/RH. All Commissioners Agree |
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Item 9. |
Docket No. 1998-0773-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Joseph
Endari in Jefferson County; TNRCC ID Nos. 0026694 and 006513; for
petroleum storage tank violations pursuant to Chapter 26 of the Texas
Water Code, Chapter 382 of the Texas Health & Safety Code, and the
rules of the Texas Natural Resource Conservation Commission. (Cecily
Small Gooch) |
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Issue Agreed Order, RM/RH. All Commissioners Agree |
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Item 10. |
Docket No. 1998-0774-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Joseph
Endari in Jefferson County; TNRCC ID Nos. 0026694 and 006513; for
petroleum storage tank violations pursuant to Chapter 26 of the Texas
Water Code, Chapter 382 of the Texas Health & Safety Code, and the
rules of the Texas Natural Resource Conservation Commission. (Cecily
Small Gooch) |
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Issue Agreed Order, RM/RH. All Commissioners Agree |
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Petroleum Storage Tank Enforcement Default Order |
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Item 11. |
Docket No. 1998-0915-PST-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of Willis
Reed dba Reed Distributing Company, Inc. in Nacogdoches County;
TNRCC ID No. 3548; for petroleum storage tank violations pursuant to
Chapter 26 of the Texas Water Code and the rules of the Texas Natural
Resource Conservation Commission. (William Puplampu) |
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Remand to Executive Director |
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Air Enforcement Agreed Orders |
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Item 12. |
Docket No. 1998-0078-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Odell
Geer Construction Company, Incorporated in Bell County; TNRCC ID
No. 12146; for air violations pursuant to the Texas Clean Air Act, Chapter
382 of the Texas Health & Safety Code, Chapter 7 of the Texas Water
Code, and the rules of the Texas Natural Resource Conservation
Commission. (Lisa Zintsmaster Hernandez) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Item 13. |
Docket No. 1998-1150-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Zexel
USA Corporation in Tarrant County; Account No. TA-1207-L; 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) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Item 14. |
Docket No. 1998-1242-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of K O
Steel Foundry & Machine in Bexar County; Account No. BG-0112-O; 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. (David Turner) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Item 15. |
Docket No. 1998-0643-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Helena
Laboratories Corporation in Jefferson County; Account No. JE-0275-W;
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) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Air Enforcement Default Orders |
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Item 16. |
Docket No. 1998-0266-AIR-E. Consideration of a Default Order
assessing administrative penalties against David Ray dba D & R Design
in Fort Bend County; TNRCC ID No. FG-0551-I; for air violations
pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health &
Safety Code, and the rules of the Texas Natural Resource Conservation
Commission. (William Puplampu) |
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Issue Default Order, RH/RM. All Commissioners Agree |
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Item 17. |
Docket No. 1998-0008-AIR-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of
Douglas Bowser dba Bowser's Auto Body in Tarrant County; TNRCC ID
No. TA-3554-T; for air violations pursuant to the Texas Clean Air Act,
Chapter 382 of the Texas Health & Safety Code, and the rules of the
Texas Natural Resource Conservation Commission. (Lisa Zintsmaster
Hernandez) |
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Issue Default Order, RH/RM. All Commissioners Agree |
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Landscape Irrigator Installer Agreed Order |
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Item 18. |
Docket No. 1996-0856-LII-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Jerry
Daviss in Midland County; TNRCC ID No. 3542; for landscape irrigator
installer violations pursuant to Chapter 34 of the Texas Water Code and
the rules of the Texas Natural Resource Conservation Commission. (Ali
Abazari) |
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Issue Agreed Order, JB/RM. All Commissioners Agree |
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Landscape Irrigator Installer Default Orders |
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Item 19. |
Docket No. 1997-0419-LII-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of Charlie
Palmer in El Paso County; TNRCC ID No. 12717; for landscape irrigator
installer violations pursuant to Chapter 34 of the Texas Water Code and
the rules of the Texas Natural Resource Conservation Commission.
(Cecily Small Gooch) |
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Issue Default Order, JB/RM. All Commissioners Agree |
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Item 20. |
Docket No. 1997-0423-LII-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of Ernest
Romo in Harris County; TNRCC Enforcement ID No. 12480; for
landscape irrigation violations pursuant to Chapter 34 of the Texas Water
Code and the rules of the Texas Natural Resource Conservation
Commission. (Mary Risner) |
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Issue Default Order, JB/RM. All Commissioners Agree |
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Municipal Waste Discharge Enforcement Agreed Orders |
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Item 21. |
Docket No. 1998-0261-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of City of
Port Arthur in Jefferson County; TNRCC ID Nos. 10364-001 and
10364-002; for water quality violations pursuant to Chapters 7 and 26 of
the Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Booker Harrison) |
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Issue Agreed Order with changes, RM/JB. All Commissioners Agree |
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Item 22. |
Docket No. 1998-0209-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Avalon
Water Supply & Sewer Service Corporation in Ellis County; Permit No.
11022-001 (expired); 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) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Agricultural Enforcement Agreed Order |
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Item 23. |
Docket No. 1998-0115-AGR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Mahard
Egg Farm, Inc. in Denton County; TNRCC ID No. 12123; for confined
animal feeding operation and water quality violations pursuant to Chapter
26 of the Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Tracy Harrison) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Agricultural Enforcement Default Order |
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Item 24. |
Docket No. 1996-0266-AGR-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of Robert
Webb in Dallas County; TNRCC ID No. 9556; for confined animal
feeding operation water quality violations pursuant to Chapter 26 of the
Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Lisa Zintsmaster Hernandez) |
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Issue Default Order, JB/RM. All Commissioners Agree |
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On-Site Sewage Installer Default Order |
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Item 25. |
Docket No. 1998-0373-OSI-E. Consideration of a Default Order
assessing administrative penalties against Victor Simek in Falls County;
TNRCC ID No. 1791; for on-site sewage installer violations pursuant to
Chapter 366 of the Texas Health & Safety Code, Chapter 7 of the Texas
Water Code, and the rules of the Texas Natural Resource Conservation
Commission. (Tracy Harrison) |
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Issue Default Order, RH/RM. All Commissioners Agree |
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Industrial Waste Discharge Enforcement Agreed Order |
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Item 26. |
Docket No. 1998-0864-IWD-E. Consideration of an Agreed Order
assessing administrative penalties of Oklahoma Metal Processing
Company, Inc. in Harris County; Water Quality Permit No. 03532- 000;
for water quality violations pursuant to Texas Water Code, Chapters 7 and
26, and the rules of the Texas Natural Resource Conservation
Commission. (Karen Berryman) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Utility Enforcement Agreed Order |
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Item 27. |
Docket No. 1998-0314-UCR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Arthur
Hernandez dba Central Texas Utility Services and Consulting in Travis
County; TNRCC ID No. 20185; for operator violations pursuant to
Chapters 26 and 7 of the Tex. Water Code and the rules of the Texas
Natural Resource Conservation Commission. (William Puplampu) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Rules (Publication and Hearings) |
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Item 28. |
Docket No. 1999-0363-RUL. Consideration for publication of, and
opportunity for hearing upon, proposed amendments to the following
sections of 30 TAC: Chapter 37-Financial Assurance; Section 37.11-Definitions; Section 37.261-Corporate Guarantee for Closure; Section
37.551-Corporate Guarantee for Liability; Chapter 335 - Industrial Solid
Waste and Municipal Hazardous Waste; Section 335.112 - Standards;
Section 335.152 - Standards. The amendments give an additional
financial assurance option to owners and operators of Industrial and
Hazardous Waste facilities. The additional option is for guarantors to use
the financial test to provide a guarantee on behalf of entities with which
they have a substantial business relationship. (Linda Shirck /Patricia
Hershey) (Rule Log No. 98059-037-AD) |
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Continued to April 28, 1999 |
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Item 29. |
Docket No. 1999-0332-RUL. Consideration for publication of, and
hearing upon, proposed amendments to 30 TAC Chapter 115, Control of
Air Pollution From Volatile Organic Compounds, Section 115.127,
concerning Exemptions; and for revisions to the State Implementation
Plan. The proposed amendment would revise the vent gas rule by
permanently establishing the 30,000 parts per million concentration limit
exemption for pulp and paper mills. (Ann Hammer) (Rule Log No.
98057-115-AI). |
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Continued to May 26, 1999 |
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Item 30. |
Docket No. 1999-0375-RUL. Consideration for publication of the
proposed repeal of 30 TAC Chapter 323, concerning Waste Disposal
Approvals. If approved, the repeal would eliminate regulatory
requirements that were never implemented. In addition, this constitutes
the commission's review of the rules contained in 30 TAC Chapter 323,
in accordance with the General Appropriations Act, Article IX, Section
167, 75th Legislature, 1997. (Louis Herrin) (Rule Log No. 98048-323-WT) |
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Remand to Executive Director |
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Item 31. |
Docket No. 1999-0399-RUL. Consideration for publication of, and
hearing upon, proposed changes to 30 TAC Chapter 115, Subchapter F,
Miscellaneous Industrial Sources, §115.510, Definitions, to define
"alternative asphalt" and Division 1: Cutback Asphalt, §§115.512(4),
115.515(1), and 115.516 to substitute the phrase "alternative asphalt" for
the phrase "emulsified asphalt." Section 115.512(1) is amended to
change the total annual volume limit of cutback use in Nueces County
from 8% to 7% to be consistent with other regulated areas. Section
115.512(4) is amended to allow both use and production of alternative
asphalt. Section 115.513 is amended to change the word "section" to
"division." (Terry Leifeste) (Rule Log No. 98082-115-AI) |
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Approve Publication of Hearing on proposed rule with changes, JB/RM. All
Commissioners Agree |
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Rules (Adoption of Amendments) |
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Item 32. |
Docket No. 1998-1332-RUL. Consideration for adoption of 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. They were published in the January
1, 1999, issue of the Texas Register (24 TexReg 48). 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. The
proposed notice of review was published in the January 1, 1999, issue of
the Texas Register (24 TexReg 172). (Brian Christian) (Rule Log No.
98049-001-AD) |
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Approve Adoption, RH/RM. All Commissioners Agree |
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Petition for Rulemaking |
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Item 33. |
Docket No. 1999-0425-RUL. Consideration of a petition for rulemaking
for an amendment to 30 TAC Chapter 330, Section 330.137, concerning
Disposal of Industrial Wastes. The petition requests that the Texas
Natural Resource Conservation Commission propose and adopt a rule that
would prohibit new permits for commercial landfills for industrial
nonhazardous waste on land with soil that is permeable. (John
Forehand/Susan White) (Rule Log No. 99010-330-WS) |
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Remand to Executive Director |
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EXECUTIVE SESSION |
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Item 34. |
Docket No. 1999-0024-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 35. |
Docket No. 1999-0025-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. The
Commission may also meet in open session to take action on this matter
as required by Section 551.102 of the Texas Open Meetings Act, 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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