|
|
Hearing Request |
|
| Item 1. |
Docket No. 1999-1452-IWD. Consideration of permit application No.
02770, submitted by SNIDER INDUSTRIES, INC. for a renewal of an
existing wastewater permit. The applicant has an existing National
Pollutant Discharge Elimination System (NPDES) Permit No. TX0099228
and an existing Texas Natural Resource Conservation Commission
(TNRCC) Permit No. 02770. The draft permit authorizes the discharge of
cooling water and storm water runoff via Outfall 001 on an intermittent
and flow variable basis; truck and equipment wash water and storm water
runoff via Outfall 002 on an intermittent and flow variable basis; overflow
from the wet bulb humidity regulator, kiln condensate, and storm water
runoff via Outfall 003 on an intermittent and flow variable basis; and
boiler blowdown, groundwater seepage, and storm water runoff via
Outfall 004 on an intermittent and flow variable basis. Issuance of this
Texas Pollutant Discharge Elimination System (TPDES) permit will
replace the existing NPDES Permit No. TX0099228 issued on August 4,
1989 and TNRCC Permit No. 02770, issued on May 10, 1996. The
applicant operates the Marshall Lumber Mill, a lumber mill with
cogeneration facilities. The plant site is located on the northeast and
northwest corners of the intersection of Loop 390 and Sue Belle Lake
Road, approximately two miles north of the City of Marshall, Harrison
County, Texas. The Commission will also consider hearing requests,
related responses and replies, public comment and the Executive
Director's response to comments. (Chris Linendoll/Emily Rogers) |
|
| Deny Hearing request, issue permit with provisions as recommended by Chairman and
adopt Executive Director's Comments, JB/RH. |
| |
| Item 2. |
Docket No. 1999-1462-MWD. Consideration of permit application #
14042-001, submitted by SAN ANTONIO RIVER AUTHORITY for a
new permit, Permit No. 14042-001, which authorizes the discharge of
treated domestic wastewater at a daily average flow not to exceed 150,000
gallons per day. The plant site is located approximately 0.35 mile south
on Loop 1604 from the intersection of Interstate Highway 10 and Loop
1604, 600 feet west of Loop 1604 in Bexar County, Texas. The
Commission will also consider hearing request, related responses and
replies, public comment and the Executive Director's response to
comments. (Firoj Vahora/Monique Norman) |
|
| Deny hearing request issue permit and adopt Executive Director's comments, RH/JB. All
Agree |
|
| Item 3. |
Docket No. 1999-1453-AGR. Consideration of permit application no.
03808, submitted by Gerard Hoekman for a new Texas Pollutant
Discharge Elimination System (TPDES) permit to expand an existing
concentrated animal feeding operation (CAFO) for a dairy facility from a
maximum of 990 head to 1,500 head in Comanche County, Texas. No
discharge of pollutants into the waters in the state is authorized by the
permit except as a result of chronic or catastrophic rainfall event. The
facility is located on the north side of Farm-to-Market Road 591
approximately 1.5 miles east of its intersection with Farm-to-Market Road
1476 in Comanche County, Texas. The Commission will also consider
hearing requests, related responses and replies, public comment and the
Executive Director's response to comments. (Ed Whitmore/Carol Lean) |
|
| Remand to Executive Director |
|
| Item 4. |
Docket No. 1999-1456-MWD. Consideration of permit application #
10245-001, submitted by Town of Pecos City for a major amendment to
Permit No. 10245-001, to authorize an increase in the land disposal site
used for irrigation from 300 acres to 450 acres. The permitted flow will
remain at a daily average flow not to exceed 1,600,000 gallons per day.
The wastewater treatment facilities and disposal site are located
approximately 1.5 miles east of the intersection of U.S. Highway 80 and
U.S. Highway 285 in Reeves County, Texas. The Commission will also
consider hearing request, related responses and replies, public comment
and the Executive Director's response to comments. (Firoj Vahora/Vic
Ramirez) |
|
| Grant hearing request, instructed SOAH to consider matters related only to odor and
notice requirements, allow ADR 4 to 6 weeks for mediation and if mediation fails forward
to SOAH, RH/JB. All Agree |
|
|
|
Authorizations To Construct |
|
| Item 5. |
Docket No. 1999-1554-MWD. Consideration of a Request by Magnolia
Independent School District, for an Order authorizing construction of a
wastewater treatment facility for Smith Elementary School in
Montgomery County, Texas, before Commission consideration of its
application for a wastewater discharge permit under 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, Mark Sullivan) |
|
| Continued to January 26, 2000 |
|
| Item 6. |
Docket No. 1999-1549-MWD. Consideration of a Request by Cypress
Hill MUD No. 1 for an Order authorizing construction of a wastewater
treatment plant, in Harris County, Texas. A contested case hearing on this
matter was conducted on November 1, 1999 before the State Office of
Administrative Hearings. The Administrative Law Judge has yet to issue
a Proposal For Decision. Cypress Hill MUD is applying for an
authorization to construct in the interim. The Order is authorized by
Sections 26.019 and 26.027(c) of the Texas Water Code. The
authorization to construct would not permit the use of the newly
constructed portion of the wastewater treatment system. (Tina
Amberboy/Firoj Vahora) |
|
| Approve Authorization to Construct, RM/JB. All Agree |
|
|
|
Affirm, Modify, or Set Aside Emergency Rate Order |
|
| Item 7. |
Docket No. 1999-1463-UCR. Consideration of whether to affirm,
modify, or set aside the Emergency Rate Order issued by the Executive
Director, without a hearing, on November 24, 1999 approving the
application by Stan Putman, Jr., as receiver for River Ridge Water
System, for an emergency water rate increase. The order was issued
pursuant to Sections 5.508 and 13.4133, Texas Water Code, and 30 Texas
Administrative Code Section 35.202. The utility serves approximately
225 connections in Travis county, Texas. The Emergency Rate Order
authorized a rate increase from a monthly surcharge of $0.00 per
connection to a monthly surcharge of $50.00 per connection, effective
November 24, 1999 for period of two (2) months or until a final rate is
set, whichever occurs sooner. The application states that the rate increase
is necessary in order to fund emergency repairs and ensure the provision
of continuous and adequate services to the utility's customers. (Buck
Henderson, Doug Holcomb, Fread Houston). |
|
| Affirm Emergency Order, RH/JB. Marquez absent for vote. |
|
|
|
Utility Matter (Interim Rates) |
|
| Item 8. |
Docket No. 1999-1394-UCR. Consideration of Executive Director's
request for interim rates for water and sewer utility service for Lakeshore
Utility Company, Inc. in Henderson County, Texas; CCN Nos. 10843 and
20478. (Lara Nehman/Mary Jane Ford) |
|
| Approve Interim Rates, RM/RH. All Agree |
|
|
|
Municipal Solid Waste Management and Resource Recover Advisory
Council |
|
| Item 9. |
Docket No. 1999-1515-MSW. Consideration of nomination and
appointment of one individual to the Municipal Solid Waste Management
and Resource Recovery Advisory Council for a six-year term. |
|
| Approve staff recommendation, RH/JB. All Agree |
|
|
|
Petroleum Storage Tank Enforcement Agreed Orders |
|
| Item 10. |
Docket No. 1999-0762-PST-E. Consideration of an Agreed Order
assessing administrative penalties against Shannon Medical Center in
Tom Green County: PST Facility ID No. 48337; for petroleum storage
tank violations pursuant to TEX. WATER CODE chs. 7 and 26 and the
rules of the Texas Natural Resource Conservation Commission. (Mark
Newman/David VanSoest) |
| |
| Issue Agreed Order, JB/RM. All Agree |
|
| Item 11. |
Docket No. 1999-0644-PST-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against advance Petroleum Distributing company, Incorporated dba
Larry's Drive In in Tarrant county; Petroleum Storage Tank ID No.
0034407; for petroleum storage tank violations pursuant to the TEX.
HEALTH & SAFETY CODE ch. 382, TEX. WATER CODE chs. 7 and
26, and the rules of the Texas Natural Resource Conservation
Commission. (Michael De La Cruz) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
| Item 12. |
Docket No. 1998-0581-PST-E. Consideration of an Agreed Order
assessing administrative penalties against Etheridge Properties and
Manuel Fonseca dba Auto Fantasy in Montgomery County; TNRCC ID
No. None; for petroleum storage tank violations pursuant to Chapters 7
and 26 of the Texas Water Code and the rules of the Texas Natural
Resource Conservation Commission. (John Wright) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
| Item 13. |
Docket No. 1998-0815-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Gulshan Enterprises, Inc. in Harris County; TNRCC ID Nos. 40113,
17906, 40209, 39759, and 40176; for petroleum storage tank violation
pursuant to Chapters 7 and 26 of the Texas Water Code, Chapter 382 of
the Texas Health & Safety Code, and the rules of the Texas Natural
Resource Conservation Commission. (John Wright) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
| Item 14. |
Docket No. 1998-0957-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of S & S
Convenience Store, Inc. dba One Stop in Denton County; TNRCC ID NO.
0027146; for petroleum storage tank violations pursuant to Chapters 7 and
26 of the Texas Water Code, Chapter 382 of the Texas Health & Safety
Code, and the rules of the Texas Natural Resource Conservation
Commission. (John Wright) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
| Item 15. |
Docket No. 1998-0275-PST-E. Consideration of an Agreed Order
assessing administrative penalties against Dilshad Amin Kasam-Ali dba
Checkers Mini Mart in Brazoria County; TNRCC ID No. 0006189; for
petroleum storage tank violations pursuant to Chapter 26 of the Texas
Water Code and the Rules of the Texas Natural Resource Conservation
Commission. (John Wright) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
| Item 16. |
Docket No. 1998-1276-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Johnny
Ali and Thu Binh Ho dba Sam's Mart in Harris County; TNRCC ID No.
0035356; for petroleum storage tank violations pursuant to Chapter 26 of
the Texas Water Code, Chapter 382 of the Texas Health and Safety Code,
and the rules of the Texas Natural Resource Conservation Commission.
(John Wright) |
|
| Remand to Executive Director |
|
| Item 17. |
Docket No. 1998-0940-PST-E. Consideration of an Agreed Order
assessing administrative penalties against and requiring certain actions of
AmPm Enterprises, Inc. dba Tyler Truck Stop in Smith County; TNRCC
ID No. 24632; for petroleum storage tank violations pursuant to Chapters
7 and 26 of the Texas Water Code and the rules of the Texas Natural
Resource Conservation Commission. (John Wright) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
| Item 18. |
Docket No. 1999-0635-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of G & H
Marketing, Inc. dba Fina in Dallas County: PST Facility ID No. 0045973;
for petroleum storage tank violations pursuant to TEX. HEALTH &
SAFETY CODE ch. 382 and TEX. WATER CODE chs. 7 and 26 and the
rules of the Texas Natural Resource Conservation Commission. (Rebecca
Clausewitz) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
| Item 19. |
Docket No. 1998-1280-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Greenland Enterprises, Inc. In Harris County; PST Facility ID No.
0040554; for petroleum storage tank violations pursuant to TEX.
HEALTH & SAFETY CODE ch. 382, TEX. WATER CODE chs. 7 and
26, and the rules of the Texas Natural Resource Conservation
Commission. (Trina K. Lewison/Gayle Zapalac Stewart) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
|
|
Petroleum Storage Tank Shut Down Order |
|
| Item 20. |
Docket No. 1999-0691-PST-E. Consideration of a Shut Down Order
requiring certain actions of F.J. Baba dba Baba Boys Grocery in Harris
County; TNRCC ID No. 0031710; for petroleum storage tank violations
pursuant to Chapter 26 of the Texas Water Code and the rules of the
Texas Natural Resource Conservation Commission. (John Wright) |
|
| Remand to Executive Director |
|
|
|
Petroleum Storage Tank Enforcement Default Orders |
|
| Item 21. |
Docket No. 1998-1471-PST-E. Consideration of a Default Order
assessing administrative penalties against and requiring certain actions of
Del Oil and Gas Co., Inc. dba Quick Stop in Tarrant County; TNRCC ID
NO.68415; for petroleum storage tank violations pursuant to Chapters 7
and 26 of the Texas Water Code and the rules of the Texas Natural
Resource Conservation Commission; air quality violation 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.
(John Wright) |
|
| Issue Default Order, RM/JB. All Agree |
|
| Item 22. |
Docket No. 1998-1316-PST-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of Nick
Dhanani dba Fuel and Food Stop in Harris County; TNRCC ID No.
0030581; for petroleum storage tank violations pursuant to Chapter 382 of
the Texas Health and Safety Code, Chapter 7 of Texas Water Code, and
the rules of the Texas Natural Resource Conservation Commission. (John
Wright) |
|
| Issue Default Order, RM/JB. All Agree |
|
|
|
Multi-Media Enforcement Agreed Order |
|
| Item 23. |
Docket No. 1999-0416-MLM-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Fortson
Contracting, Inc.in Navarro County: Air Account No. NB -150-I; for air
and municipal hazardous waste violations pursuant to Texas Clean Air
Act, TEX. HEALTH & SAFETY CODE ch. 382, the Texas Solid Waste
Disposal Act, TEX. HEALTH & SAFETY CODE ch. 361, and TEX.
WATER CODE Chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Jayme Brown) |
|
| Issue Agreed Order, RM/JB. All Agree |
|
|
|
Public Water Supply Enforcement Agreed Orders |
|
| Item 24. |
Docket No. 1998-1080-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Emhouse in Navarro County; Public Water Supply No. 750014; for
public water supply violations pursuant to the TEX. HEALTH &
SAFETY CODE ch. 341 and the rules of the Texas Natural Resource
Conservation Commission. (Sandy VanCleave) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 25. |
Docket No. 1999-0519-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Mayfair
5 Joint Venture dba Mayfair 5 Water Co. in El Paso County; Public Water
Supply No. 0710147; for drinking water quality violations pursuant to
TEX. HEALTH & SAFETY CODE ch. 341, TEX. WATER CODE ch. 13
and the rules of the Texas Natural Resource Conservation Commission.
(Clint Pruett) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 26. |
Docket No. 1999-0804-PWS-E. Consideration of an Agreed Order
assessing administrative penalties against the City of Canton in Van Zandt
County; Public Water supply No. 2340001; for drinking water quality
violations pursuant to TEXAS HEALTH & SAFETY CODE ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (Clint
Pruett) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 27. |
Docket No. 1999-0611-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of City of
Marfa in Presidio County; Public Water Supply No. 1890001; 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. (Robert Morales/Elvia Maske) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 28. |
Docket No. 1997-1082-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Tempe
Water Supply Corporation, in Polk County; Public Water Supply No.
1870105; for drinking water quality violations pursuant to the TEX.
HEALTH & SAFETY CODE ch. 341 and the rules of the Texas Natural
Resource Conservation Commission. (Subhash Jain) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 29. |
Docket No. 1998-0351-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Wendell Sandlin dba Truckers Village, Inc. in Hudspeth County; TNRCC
ID No. 1150011; for public drinking water violation pursuant to Chapter
341 of the Texas Health & Safety Code and the rules of the Texas Natural
Resource Conservation Commission. (Scott McDonald) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 30. |
Docket No. 1998-1227-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of New
Salem Water Supply Corporation in Rusk County; Public Water Supply
No. 2010026; for drinking water quality violations pursuant to TEX.
HEALTH & SAFETY CODE ch. 341 and the TEX. WATER CODE chs.
7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Gilbert Angelle) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 31. |
Docket No. 1999-0495-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Stonebridge Water Supply Corporation dba stonebridge Water Well
Association in Denton County; Public Water Supply ID No. 0610085; for
drinking water quality violations pursuant to the TEX. HEALTH &
SAFETY CODE ch. 341 and the rules of the Texas Natural Resource
Conservation Commission. (Michael De La Cruz) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
|
|
Municipal Waste Discharge Enforcement Agreed Orders |
|
| Item 32. |
Docket No. 1999-0745-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Creekside Utilities, Inc. in Harris County; Water Quality Permit No.
11375-001: NPDES Permit No. TX002627; for water quality violations
pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Sherry Smith) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 33. |
Docket No. 1999-0687-MWD-E. Consideration of an Agreed Order
assessing administrative penalties against the City of Waxahachie in Ellis
County; NPDES Permit No. TX0027537 and TNRCC Water Quality
Permit No. 10379-001; for water quality violations pursuant to TEX.
ADMIN. CODE chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Karen Berryman) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 34. |
Docket No. 1999-0521-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Littlefield in Lamb County; Water Quality Permit No. 10207-001; for
water quality violations pursuant to TEX. WATER CODE chs. 7 and 26
and the rules of the Texas Natural Resource Conservation Commission.
(Gary Shipp/Michelle Harris) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 35. |
Docket No. 1998-1132-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the T.
Stan Holland, Individually and Javis Enterprises, Inc. in Tarrant County;
Enforcement ID No. 12923; 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. (Lisa Lemancyzk) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 36. |
Docket No. 1998-1521-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of City of
Riesel in McLennan County; TNRCC ID No. 11015-001; for municipal
wastewater violation pursuant to Chapters 26 and 7 of the Texas Water
Code, and the rules of the Texas Natural Resource Conservation
Commission. (Lisa Lemanczyk) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 37. |
Docket No. 1998-1455-MWD-E. Consideration of an Agreed Order
assessing administrative penalties against Britmore Utility in Harris
County; TNRCC ID NO. 11193-0001; for water quality violations
pursuant to Texas Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Lisa Lemancyzk) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 38. |
Docket No. 1998-0973-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Cove
Investment,Inc. in Chambers County; TNRCC Water Quality Permit No.
11109-001; for water quality violations pursuant to Chapter 26 of the
Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Lisa Lamancyzk) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 39. |
Docket No. 1998-1487-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Hood
County Utilities, Inc. in Hood County; Permit No. 13022-001; 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) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 40. |
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) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
|
|
On-Site Installer Agreed Order |
|
| Item 41. |
Docket No. 1999-0800-OSI-E. Consideration of an Agreed Order
assessing administrative penalties of Wayne R. Garrett dba Garrett
Plumbing in Smith County; Installer Certification No. OS5478: for water
quality violations pursuant to TEX. HEALTH & SAFETY CODE ch. 366
and TEX. WATER CODE ch. 7 and the rules of the Texas Natural
Resource Conservation Commission. (Eric Reese) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
|
|
Air Enforcement Agreed Orders |
|
| Item 42. |
Docket No. 1999-0540-AIR-E. Consideration of an Agreed Order
assessing administrative penalties of Mr. Vernon Varnado dba Southern
Manufacturing Company in Jefferson County; Air Account No.
JE-0168-B; 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.
(Susan Kelly/Lawrence King) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 43. |
Docket No. 1999-0558-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of DJLJ
Corporation dba Tank Wash USE in Harris County; Account No.
HG-3448-Q; 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.
(Sheila Smith) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 44. |
Docket No. 1999-0410-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of CBH
Services, Inc. in Orange County; AIR Account No. OC-0329-H; for air
quality violations pursuant to Texas Clean Air Act, TEX. HEALTH &
SAFETY CODE ch. 382, and TEX. WATER CODE ch. 7. and the rules
of the Texas Natural Resource Conservation Commission. (Susan
Kelly/Larry King) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 45. |
Docket No. 1999-0866-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Dean
Word Company, Ltd. in Comal County; Air Account No. 92-0377-E; 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.
(Malcolm A. Ferris/Carl Schnitz) |
| |
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 46. |
Docket No. 1999-0409-AIR-E. Consideration of an Agreed Order
assessing administrative penalties of Ameripol Synpol corporation in
Jefferson County; Air Account No. JE-0017-A; 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. (Susan Kelly/Lawrence King) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 47. |
Docket No. 1999-0511-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against Northern Natural Gas company in Hutchinson County; Air
Account No. HW-0035-P; 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. (Shawn Hess/Sheila Smith) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 48. |
Docket No. 1999-0618-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Pioneer
south Central, Incorporated dba Pioneer Concrete of Texas, Incorporation
in Collin County; Air Account No. CCP-0488-Q; 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. (Michael De La Cruz) |
| |
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 49. |
Docket No. 1999-0573-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Patterson Truck Line, Inc. dba Patterson Tubular Services, Inc. in Harris
County; air Account No. HG-1972-I; 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. (Mary K. Jones/Sheila Smith) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 50. |
Docket No. 1999-1103-AIR-E. Consideration of an Agreed Order
dismissing an Agreed Board Order issued by the Texas Air Control Board
on February 21, 1992 against GNB Technologies, Inc. in Dallas County;
TNRCC ID No. DB-0421-T; for air violations pursuant to Chapter 382 of
the Texas Health & Safety Code, and the rules of the Texas Air Control
Board. (Heather Otten) |
|
| Approve Agreed Order dismissing an Agreed Board Order, RM/RH. All Agree |
|
| Item 51. |
Docket No. 1999-0051-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Marathon Ashland Petroleum LLC in Galveston County; TNRCC ID No.
GB-0055-R; for air quality violations pursuant to the Texas Clean Air
Act, Chapter 382 of the Texas Health & Safety Code; for water quality
violation pursuant to Chapter 26 of the Texas Water Code, and for
violations of the rules of the Texas Natural conservation Commission.
(Heather Otten) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 52. |
Docket No. 1998-0779-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Johnson
International Materials, Inc. in Harris County; TNRCC ID No.
HG-4675-T; for air quality 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 Natural Resource Conservation
Commission. (Heather Otten) |
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| Issue Agreed Order, RM/RH. All Agree |
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Industrial Hazardous Waste Enforcement Agreed Orders |
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| Item 53. |
Docket No. 1999-0543-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Boral
Lifetile Inc. in Atascosa County; Solid Waste Registration No. 38267; for
industrial & hazardous waste violations pursuant to Texas solid Waste
Disposal Act, TEX. HEALTH & SAFETY CODE ch. 361, TEX. WATER
CODE chs. 7 and 26, and the rules of the Texas Natural Resource
Conservation Commission. (Brian O'Ferrall/Julia McMaster) |
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| Issue Agreed Order, RM/JB. All Agree |
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| Item 54. |
Docket No. 1998-0749-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Murphy's Mowing Service in Smith County; TNRCC ID No. F0212; for
industrial and hazardous waste violations pursuant to the Texas Solid
Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code,
Chapter 7 and 26 of the Texas Water Code, and the rules of the Texas
Natural Resource Conservation Commission. (John Wright) |
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| Issue Agreed Order, RM/JB. All Agree |
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| Item 55. |
Docket No. 1998-1417-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Billmark Company, Inc. in Tarrant County; TNRCC ID No. 38227; for
industrial and hazardous waste violations pursuant to the Texas Solid
Waste Disposal Act, Chapter 361 of the Texas Solid Waste Disposal Act,
Chapter 361 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, RM/JB. All Agree |
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Municipal Solid Waste Amendment of Agreed Order |
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| Item 56. |
Docket No. 1999-0903-MSW-E. Consideration of an Amendment of an
Agreed Order assessing administrative penalties and requiring certain
actions of Browning-Ferris Industries in San Patricio County; TNRCC ID
No. 242A; for municipal solid waste violations pursuant to the Texas
Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety
Code, and the rules of the Texas Natural Resource Conservation
Commission. (John Wright) |
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| Adopt Amendment to Agreed Order, JB/RM. All Agree |
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Resolution |
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| Item 57. |
Docket No. 1999-1378-RES. Consideration of a resolution to fill 21
vacancies on the Galveston Bay Council. The Council is an advisory
body to the Texas Natural Resource Conservation Commission whose
function is to advise the commission on the implementation of The
Galveston Bay Plan. (Helen Drummond) |
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| Approve Resolution, JB/RH. All Agree |
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Rules |
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| Item 58. |
Docket No. 1999-1186-RUL. Consideration for publication of, and
hearing upon, proposed amendments to 30 TAC Chapter 101, General
Rules, Section 101.1, concerning Definitions; Section 101.6, concerning
Upset Reporting and Recordkeeping Requirements; Section 101.7,
concerning Maintenance, Start-up and Shutdown Reporting,
Recordkeeping, and Operational Requirements; Section 101.11,
concerning Exemptions from Rules and Regulations; and to the State
Implementation Plan (SIP). If adopted, the amendments would specify a
reporting threshold for certain compounds, require the submission of
certain records concerning unauthorized emissions of air contaminants,
state under what conditions release of these contaminants may be
exempted from state rules, and correct typographical errors. (Beecher
Cameron) (Rule Log No. 99050-101-AI). |
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| Approve publication and hearing, RM/RH. All Agree |
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| Item 59. |
Docket No. 1999-1483-RUL. Consideration for publication of a Notice
of Intention to Review and proposed readoption of 30 TAC Chapter 295;
Water Rights, Procedural. This review is in accordance with Section
2001.039, Texas Government Code and the General Appropriations Act,
Article IX, Section 9-10.13, 76th Legislature, 1999, which require state
agencies to review and consider for readoption each of their rules every
four years. (Ray Pizarro/Kellye Rila) (Rule Log No. 99077-295-WT) |
| Approve publication of Notice of Intention, JB/RH. All Agree |
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| Item 60. |
Docket No. 1999-1351-RUL. Consideration for publication of, and
hearing on, proposed amendments to the following sections of 30 TAC
Chapter 331, Underground Injection Control: 331.9, Injection Authorized
by Rule; 331.11, Classification of Injection Wells; 331.131, Applicability;
331.132, Construction Standards; and 331.133, Closure Standards. The
proposed amendments would revise the regulation of Class V injection
wells by clarifying requirements for authorization by rule and updating
construction and closure standards. (Alice Rogers) (Rule Log No. 99009-331-WT) |
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| Approve publication and hearing, RM/RH. All Agree |
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| Item 61. |
Docket No. 1999-1420-RUL. Consideration for publication of and
hearing upon, a proposed amendment to Section 114.21 (Exclusions and
Exceptions) in Subchapter B (Motor Vehicle Anti-tampering
Requirements), Chapter 114 (Control of Air Pollution from Motor
Vehicles) and corresponding revisions to the State Implementation Plan.
The proposed amendment aligns the statewide anti-tampering provisions
and exemptions for motor vehicle air pollution control systems with the
federal requirements outlined in Section 7522 of the Federal Clean Air
Act. (Alan Henderson/Bob Reese) (Rule Log No. 99066-114-AI). |
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| Approve publication and hearing, RM/RH. All Agree |
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| Item 62. |
Docket No. 1999-1056-RUL. Consideration for adoption of amendments
to the following chapters and sections of 30 TAC: |
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Chapter 1 - Purpose of Rules, General Provisions |
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Section 1.7 - Computation of Time |
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Section 1.11 - Service on Judge, Parties, and
Interested Persons |
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Chapter 50 - Action on Applications |
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Section 50.19 - Notice of Commission Action, Motion for Rehearing |
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Section 50.39 - Motion for Reconsideration |
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Section 50.119- Notice of Commission Action, Motion for
Rehearing |
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Section 50.139- Motion to Overturn Executive Director's
Decision |
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Chapter 80 - Contested Case Hearings |
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Section 80.271 - Motion for Rehearing |
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Section 80.272 - Motion for Rehearing |
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The adopted amendments conform commission rules to the provisions of
Senate Bill 211, 76th Legislature (1999). Senate Bill 211 added three
days to the period in which a party is presumed to have been notified of a
decision that may become final in a contested case hearing when notice is
sent by first class mail. The proposal was published in the October 15,
1999 issue of the Texas Register (24 TexReg 8907). (Tracy Gross, Jim
Dodds) (Rule Log No. 99054-001-AD). |
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| Approve Adoption, RH/JB. All Agree |
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| Item 63. |
Docket No. 1999-1352-RUL. Consideration for publication of a Notice
of Intention to Review and amendments to 30 TAC Chapter 307, Texas
Surface Water Quality Standards. The review is in accordance with
Texas Government Code, Section 2001.039 and the General
Appropriations Act, Article IX, Section 9 - 10.13, 76th Legislature, 1999,
which require state agencies to review and consider for readoption each of
their rules every four years. The amendments would revise the state's
surface water quality standards and would satisfy the Federal Clean Water
Act requirement for states to publicly review and revise their surface
water quality standards every three years. (Tom Weber) (Rule Log No.
98055-307-WT) |
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| Proceed with publication and Notice of Intention to Review with changes as recommended
by staff, RH/JB. Marquez absent for vote |
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EXECUTIVE SESSION |
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| Item 64. |
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 Required |
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| Item 65. |
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 Required |
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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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