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Hearing Request |
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Item 1. |
Docket No. 1999-1023-MWD. Consideration of permit application
10414-001, submitted by Kendall County Water Control and
Improvement District No. 1 for a major amendment to TNRCC Permit
No. 10414-001 to authorize an increase in the discharge of treated
domestic wastewater from a daily average flow not to exceed 100,000
gallons per day to a daily average flow not to exceed 350,000 gallons per
day and to change the way of disposal from irrigation to direct discharge
to waters in the State. The current permit authorizes the irrigation of
treated domestic wastewater via irrigation on 37 acres. The authorization
in the current permit to use 37 acres for irrigation shall remain unchanged.
The plant and disposal site are located northeast and adjacent to the
intersection of Interstate Highway 10 and Farm-to-Market Road 473, east
of Comfort in Kendall County, Texas. The Commission will also
consider hearing requests, related responses and replies, public comment
and the Executive Director's response to comments. |
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Continued to October 27, 1999 |
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Item 2. |
Docket No. 1999-1118-MWD. Consideration of permit application
12900-001, submitted by Travis County Municipal Utility District No. 2
for a renewal of TNRCC Permit No. 12900-001, which authorizes the
discharge of treated domestic wastewater at a daily average flow not to
exceed 840,000 gallons per day. The plant site is located immediately
west of New Sweden Road and approximately 0.25 mile south of U.S.
Highway 290 in Travis County, Texas. The Commission will also
consider hearing requests, related responses and replies, public comment
and the Executive Director's response to comments. |
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Continued to October 27, 1999 |
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Item 3. |
Docket No. 1999-1117-MWD. Consideration of permit application
13942-001, submitted by Inline Development Corp. for a major
amendment of TNRCC Permit No. 13942-001 to authorize an increase in
the discharge of treated domestic wastewater from a daily average flow
not to exceed 36,000 gallons per day to a daily average flow not to exceed
250,000 gallons per day. The plant site is located between the 9800 and
10700 blocks of Boudreaux Road, approximately 1/2 mile west of the
intersection of Boudreaux and Stuebner-Airline Road in Harris County,
Texas. The Commission will also consider hearing requests, related
responses and replies, public comment and the Executive Director's
response to comments. |
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Grant hearing request and instruction from commission to judge to limit hearing to impact
of facility to groundwater contamination and odor, JB/RM. All Agree |
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Item 4. |
Docket No. 1999-1143-AIR. ENNIS-TRACTEBEL POWER
COMPANY, INC. for Air Quality Permit Nos. 40363 and PSD-TX-927 to
construct a natural gas-fired Electric Power Generating Facility. The
location of the facility is 4001 West Ennis Avenue in Ennis, Ellis County,
Texas. The Commission will consider the application and the hearing
requests received on the application (Garrett Arthur/Fred Wilson). |
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Grant hearing request and instruction from commission to judge to limit hearing to
modeling and encouraged parties to make use of Alternative Dispute Resolution, RH/RM.
All Agree |
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Item 5. |
Docket No. 1999-1128-MSW. The Applerock Group L.L.C. for a permit
(Proposed Permit No. MSW-2276) to authorize a new Type IV municipal
solid waste landfill facility. The applicant has requested a land use-only
determination pursuant to Health and Safety Code Section 361.069 and
has submitted Parts I and II of the application as required by 30 TAC
Section 330.51(a) and 30 TAC Section 330.61. The proposed facility if
located northeast of the intersection of State Highway 3 and Genor Red
Bluff at 313 Genor Red Bluff Road in Houston, Harris County Texas.
The Commission will consider the application and hearing requests filed
on the application. |
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Deny hearing request and issue permit, RH/RM. All Agree |
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Audit Report |
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Item 6. |
Docket No. 1999-1195-AUD. Presented for your consideration is the
proposed FY2000/2001 Biennial Internal Audit Plan. Pursuant to the
Texas Internal Auditing Act, the audit plan must be presented for approval
to the TNRCC Commission. |
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Approve Audit Plans, RM/JB. All Agree |
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Air Enforcement Agreed Orders |
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Item 7. |
Docket No. 1998-1339-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Custom
Blast Services, Inc. in Jefferson County; Air Account No. JE-0730-T; for
air quality violations pursuant to Texas Health and Safety Code chs. 361
and 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas
Natural Resource Conservation Commission. (Mike Freer/Lawrence
King) |
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Issue Agreed Order, RM/JB. All Agree |
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Item 8. |
Docket No. 1998-1530-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against Phelps Dodge Corporation in El Paso County; Account No. EE-0067-L; for air quality violations pursuant to the Texas Clean Air Act,
Tex Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules
of the Texas Natural Resource Conservation Commission. (Stacey
Young) |
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Issue Agreed Order, RM/JB. All Agree |
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Item 9. |
Docket No. 1999-0402-AIR-E. Consideration of an Agreed Order
assessing administrative penalties of Malek Inc. in Nueces County;
Account No. NE-0446-U; for air quality violations pursuant to the Texas
Clean Air Act, TEX. HEALTH and SAFETY CODE ch. 382 and TEX.
WATER CODE ch. 7 and the rules of the Texas Natural Resource
Conservation Commission. (Gary L. McDonald/Carl Schnitz) |
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Issue Agreed Order, RM/JB. All Agree |
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Item 10. |
Docket No. 1999-0453-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Duke
Energy Field Services, Inc. in Austin County; Air Account No.
AH-0087-R, for air quality violations pursuant to the Texas Clean Air
Act, TEX. HEALTH & SAFETY CODE ch 382, TEX. WATER CODE
ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (Anne Marie Callery/Sheila Smith) |
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Issue Agreed Order, RM/JB. All Agree |
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Item 11. |
Docket No. 1999-0447-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Tandem
Energy Corporation in Harris County; Air Account No. HG-0230-U; for
air quality violations pursuant to Texas Clean Air Act, TEX. HEALTH &
SAFETY CODE ch. 382, TEX. WATER CODE ch. 7, and the rules of the
Texas Natural Resource Conservation Commission. (Mark Kaulen/Sheila
Smith) |
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Issue Agreed Order, RM/JB. All Agree |
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Item 12. |
Docket No. 1999-0004-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Silestone of Houston, Incorporated in Harris County; Air Account No.
HX-2018-N: for air quality violations pursuant to the Texas Clean Air
Act, TEX. HEALTH & SAFETY CODE ch. 382, TEX. WATER CODE
ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (Sheila Smith) |
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Issue Agreed Order, RM/JB. All Agree |
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Item 13. |
Docket No. 1999-0572-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Ellwood Texas Forge, L.P. in Harris County; Air Account No.
HX-2270-B; for air quality violations pursuant to Texas Clean Air Act,
TEXAS HEALTH & SAFETY CODE ch. 382, TEXAS WATER CODE
ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (Henry Iyamu/Sheila Smith) |
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Issue Agreed Order, RM/JB. All Agree |
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Item 14. |
Docket No. 1998-1149-AIR-E. Consideration of an Agreed Order
assessing administrative penalties against Mulaw Worash dba Saturn
Texaco in Dallas County; TNRCC ID No. DB-4952-B; for air quality
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. (Nathan Block) |
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Issue Agreed Order, RM/JB. All Agree |
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Item 15. |
Docket No. 1998-0024-AIR-E. Consideration of an Agreed Order
assessing administrative penalties against Zoltek Corporation in Taylor
County; TNRCC ID No. None; for air quality 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.
(Nathan Block) |
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Issue Agreed Order, RM/JB. All Agree |
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Air Enforcement Default Order |
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Item 16. |
Docket No. 1998-0176-AIR-E. Consideration of a Default Order
assessing administrative penalties against Carroll Talent dba Freeway
Texaco in El Paso County; TNRCC ID No. EE-0836-F; for air quality
violations pursuant to Texas Health & Safety Code ch. 382 and the rules
of the Texas Natural Resource Conservation Commission. (Tracy
Harrison Gross) |
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Issue Default Order, JB/RH. All Agree |
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Municipal Waste Discharge Enforcement Agreed Orders |
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Item 17. |
Docket No. 1999-0099-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
McAdoo Water Supply Corporation in Dickens County; Permit No.
WQ-0011862-001; for water quality violations pursuant to TEX. WATER
CODE chs. 7 and 26 and the rules of the Texas Natural Resource
Conservation Commission. (Sheila Smith) |
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Issue Agreed Order, RM/JB. All Agree |
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Item 18. |
Docket No. 1999-0079-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Participation Development Corporation (Texas), Inc. in Henderson
County; Water Quality Permit No. 11506-001; for water quality
violations, as well as water quality assessment and waste water treatment
fee violations, pursuant to TEX. WATER CODE chs. 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 Agree |
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Item 19. |
Docket No. 1998-1449-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Bishop in Nueces County; Water Quality Permit No. 10427-001; for
water quality violations pursuant to TEX. WATER CODE chs. 7 and 26
and the rules of the Texas Natural Resource Conservation Commission.
(Karen Berryman) |
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Remand to Executive Director |
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Item 20. |
Docket No. 1999-0080-MWD-E. Consideration of an Agreed Order
assessing administrative penalties for Harris County Municipal Utility
District No. 1 in Harris County; Permit No. 11630-001; for water quality
violations pursuant to TEX. WATER CODE chs. 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 Agree |
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Item 21. |
Docket No. 1998-1454-MWD-E. Consideration of an Agreed Order
assessing administrative penalizes and requiring certain actions of Bastrop
County Water Control and Improvement District No. 3 in Bastrop County;
Water Quality Permit No. 12963-001; for water quality violations to TEX.
WATER CODE chs. 7 and 26, and the rules of the Texas Natural
Resource Conservation Commission. (Craig Carson) |
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Issue Agreed Order, RM/JB. All Agree |
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Item 22. |
Docket No. 1998-0219-MWD-E. Consideration of a Agree Order
assessing administrative penalties and requiring certain actions of the
Southwood Estates, Inc. in Brazoria County; TNRCC ID No. 12780-001
and Enforcement ID No. 8793; for water quality violations pursuant to
Chapter 26 of the Texas Water Code and the rules of the Texas Natural
Resource Conservation Commission. (Heather Otten) |
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Issue Agreed Order, RM/JB. All Agree |
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Petroleum Storage Tank Enforcement Agreed Orders |
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Item 23. |
Docket No. 1997-0922-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Charania, Incorporated in Montgomery County; PST Facility ID No.
0064878; for petroleum storage tank violations pursuant to TEX.
HEALTH & SAFETY CODE ch. 382 and the rules of the Texas Natural
Resource Conservation Commission. (Trina Lewison/John Mead) |
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Issue Agreed Order, RM/JB. All Agree |
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Item 24. |
Docket No. 1998-0657-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Shabuddin K. Daredia and Shanu Corporation Inc. dba Floyd's Fast Mart
in Galveston County; TNRCC ID No. 006786; for petroleum storage tank
violations pursuant to Chapter 26 of the Texas Water Code and the rules
of the Texas Natural Resource Conservation Commission. (Richard S.
O'Connell) |
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Issue Agreed Order, RM/JB. All Agree |
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Item 25. |
Docket No. 1998-1367-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Gerald
Whitlock Oil Corporation in Dallas County; TNRCC ID No. None; for
petroleum storage tank violations pursuant to Chapter 26 of the Texas
Water Code and the rules of the Texas Natural Resource Conservation
Commission. (Richard S. O'Connell) |
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Issue Agreed Order, RM/JB. All Agree |
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On-Site Installer Enforcement Agreed Order |
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Item 26. |
Docket No. 1998-1381-OSI-E. Consideration of an Agreed Order
assessing administrative penalties of Edgar McNeal in Upshur County;
OSSF Installer Registration No. 2310; for water quality violations
pursuant to Texas Health & Safety Code ch. 366 and Texas Water Code
ch. 7 and the rules of the Texas Natural Resource Conservation
Commission. (Merrilee Gerberding) |
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Approve Agreed Order, JB/RH. All Agree |
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Public Water Supply Enforcement Agreed Orders |
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Item 27. |
Docket No. 1998-1317-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Beechwood Water Supply Corporation in Sabine County; Public Water
Supply No. 2020014; for drinking water quality violations pursuant to
Texas Health & Safety Code ch. 341 and the rules of the Texas Natural
Resource Conservation Commission. (Terry Thompson/Susan Kelly |
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Issue Agreed Order, RH/RM. All Agree |
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Item 28. |
Docket No. 1999-0368-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Brushy
Creek Utility, Inc. in Montgomery County; TNRCC ID No. 1700601; 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. (John Wright) |
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Issue Agreed Order, RH/RM. All Agree |
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Item 29. |
Docket No. 1999-0597-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Virginia Franklin Fuller dba Franklin Water Service Company dba
Franklin Estates North, Franklin Estates South, and Blue Sky Mobil
Home Park in Lubbock County; Public Water Supply Nos. 1520148,
1520080, 1520224; for drinking water quality violations pursuant to
TEXAS HEALTH & SAFETY CODE ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. ( Shawn Stewart) |
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Issue Agreed Order, RH/RM. All Agree |
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Item 30. |
Docket No. 1999-0517-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Fort
Hancock Water Control and Improvement District in Hudspeth County;
Public Water Supply No. 1150005; for drinking water quality violations
pursuant to the Texas Health and Safety Code ch. 341 and the rules of the
Texas Natural Resource Conservation Commission. (Sandy VanCleave) |
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Issue Agreed Order, RH/RM. All Agree |
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Item 31. |
Docket No. 1999-0489-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Centerville Water Supply Corporation in Trinity County; PWS No.
2280005; for drinking water quality violations pursuant to TEX.
HEALTH & SAFETY CODE ch. 341 and the rules of the Texas Natural
Resource Conservation Commission. (Jayme Brown) |
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Issue Agreed Order, RH/RM. All Agree |
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Item 32. |
Docket No. 1999-0518-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Kendleton Independent School District in Fort Bend County: Public
Water Supply No. 0790078; for drinking water quality violations pursuant
to TEX. HEALTH & SAFETY CODE ch. 341 and the rules of Texas
Natural Resource Conservation Commission. (Shawn Stewart) |
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Issue Agreed Order, RH/RM. All Agree |
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Multi-Media Enforcement Agreed Order |
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Item 33. |
Docket No. 1998-1083-MLM-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Coastal
Marine Service of Texas, Incorporated in Jefferson County; Air Account
No. JE-0303-T; Solid Water Registration No. 70122; for air quality, water
quality, and industrial & Hazardous waste violations pursuant to the
Texas Clean Air Act and the Texas Solid Waste Disposal Act, TEX.
HEALTH & SAFETY CODE chs. 382 and 361, TEX. WATER CODE
chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Lynda Clayton) |
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Issue Agreed Order, RM/RH. All Agree |
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Sludge Enforcement Agreed Order |
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Item 34. |
Docket No. 1998-1137-SLG-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Deering
Bruson in El Paso County; Registration No. 20985; for water quality
violations pursuant to Tex. Water Code chs. 7 and 26 and rules of the
Texas Natural Resource Conservation Commission. (Merrilee
Gerberding) |
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Issue Agreed Order, JB/RM. All Agree |
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Water Right Enforcement Agreed Order |
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Item 35. |
Docket No. 1998-0312-WR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Don
Strange dba Don Strange Ranch in Kendall County; TNRCC ENF. No.
12292; for water right violations pursuant to Chapter 11 of the Texas
Water Code and the rules of the Texas Natural Resource Conservation
Commission. (David Speaker) |
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Issue Agreed Order, RM/RH. All Agree |
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Municipal Solid Waste Resolution |
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Item 36. |
Docket No. 1999-1012-MSW. Consideration of nominations and
appointment of five individuals to the Municipal Solid Waste
Management and Resource Recovery Advisory Council for six-year
terms. |
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Approve Staff Recommendation, RM/JB. All Agree |
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Rules |
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Item 37. |
Docket No. 1999-1054-RUL. Consideration for publication of proposed
amendments to the following sections of 30 TAC Chapter 335, concerning
Industrial Solid Waste and Municipal Hazardous Waste: |
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§335.1 - Definitions. |
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§335.2 - Permit Required. |
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§335.41 - Purpose, Scope and Applicability. |
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§335.261 - Universal Waste Rule. |
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§335.431 - Purpose, Scope, and Applicability. |
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The proposed amendments would add hazardous waste lamps to the list of
universal wastes, make other changes conforming to recent U.S.
Environmental Protection Agency regulations relating to universal wastes,
and make certain technical and cross-reference corrections. (Ray Austin)
(Rule Log No. 98002-335-WS) |
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Approve publication of amendments, RM/JB. All Agree |
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Item 38. |
Docket No. 1999-1009-RUL. Consideration for publication of and
hearing on proposed amendments to 30 TAC Chapter 111, §111.155,
concerning Ground Level Concentrations, and new §111.157, Ground-Level Concentrations for Shipbuilding and Repair Sites. The proposal
will apply to shipbuilding and repair sites that remove coatings from large
ocean-going vessels and platforms and will create an alternate method to
determine, on a case-by-case basis, the standard for property-line, ground-level concentrations of particulate matter. (Terry Leifeste) (Rule Log No.
99027-111-AI) |
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Continued to November 10, 1999 |
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Item 39. |
Docket No. 1999-1166-RUL. Consideration for publication of the
following proposed new subchapter and sections of 30 TAC Chapter 328 -
Waste Minimization and Recycling: |
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Subchapter H - Symbols for Certain Plastic Containers |
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Section 328.120 - Purpose |
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Section 328.121 - Applicability |
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Section 328.122 - Definitions of Terms |
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Section 328.123 - Symbols for Certain Plastic Containers |
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The proposed rules would establish procedures and requirements for the
labeling of certain plastic containers. (Pharr Andrews) (Rule Log No.
98033-328-WS). |
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Approve publication, RH/JB. All Agree |
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EXECUTIVE SESSION |
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Item 40. |
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 41. |
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. |
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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