|
HEARING REQUESTS |
| |
| Item 1. |
Docket No. 2001-1394-AIR. Consideration of the application by United Rentals,
Inc. for Air Quality Permit by Rule No. 44068 to authorize the construction of a
specialty concrete batch plant. The proposed facility is located at 22811 Katy
Freeway, Katy, Harris County, Texas. The Commission will also consider requests
for hearing or reconsideration, related responses and replies, public comment, and the
Executive Director's Response to Comments. (Wesley Smith/Garrett Arthur) |
|
| Deny hearing request and issue permit, adopt ED's Response to Comments, RM/RH. All Agree |
|
|
AGRICULTURAL ENFORCEMENT AGREED ORDERS |
| |
| Item 2. |
Docket No. 2001-0450-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Carson Loving dba Carson
& Mark Loving Dairy in Erath County; Water Quality Permit No. 0003692-000;
for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of
the Texas Natural Resource Conservation Commission. (Jorge Ibarra, P.E., Pamela
Campbell) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 3. |
Docket No. 2001-0520-AGR-E. Consideration of an Agreed Order assessing
administrative penalties against Roel Stoker dba Ned-Tex Dairy in Erath County;
Water Quality Permit No. 04028; for water quality violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Wendy Cooper, Pamela Campbell) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 4. |
Docket No. 2001-1137-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of ContiBeef LLC dba Hartley
Feeders in Hartley County; Water Quality Permit No. 1790 (Expired); for water
quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Joseph Daley, Pamela
Campbell) |
|
| Issue agreed order, RM/RH. All Agree |
|
| |
AIR QUALITY ENFORCEMENT AGREED ORDERS |
| |
| Item 5. |
Docket No. 2001-0746-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Anadarko Petroleum
Corporation in Crockett County; Air Account No. CZ-0068-G; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and
the rules of the Texas Natural Resource Conservation Commission. (Suzanne
Walrath, John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 6. |
Docket No. 2001-0218-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against International Aviation Services, Inc. dba Eagle
One Aviation in Tarrant County; Air Account No. TA-2205-I; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch.7, and
the rules of the Texas Natural Resource Conservation Commission. (Miriam Hall,
John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 7. |
Docket No. 2001-0619-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Duke Energy Field Services,
LP in Jefferson County; Air Account No. JE-0342-J; for air quality violations
pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules
of the Texas Natural Resource Conservation Commission. (Susan Kelly, John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 8. |
Docket No. 2001-0444-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Mitchell Gas Services, L.P. in Runnels County; Air
Account No. RK-0063-D; for air quality violations pursuant to Tex. Health & Safety
Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (A. Sunday Udoetok, John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 9. |
Docket No. 2001-0364-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Laredo Paving, Inc. in Frio County; Air Account
Nos. 92-4787-W and 93-8568-U; for air quality violations pursuant to Tex. Health &
Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural
Resource Conservation Commission. (Malcolm A. Ferris, John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 10. |
Docket No. 2001-0795-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Koral Industries, Incorporated in Ellis County; Air
Account No. ED-0013-W; for air quality violations pursuant to Tex. Health & Safety
Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Wendy Cooper, John Mead) |
|
| Item agreed order, RM/KW. All Agree |
| |
| Item 11. |
Docket No. 2001-0506-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against C & R Distributing, Incorporated in El Paso
County; Air Account No. EE-0432-K; for air quality violations pursuant to Tex.
Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Suzanne Walrath, John Mead) |
|
| Item agreed order, RM/KW. All Agree |
| |
| Item 12. |
Docket No. 2001-0819-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Bass Enterprises Production Company in Lavaca
County; TNRCC Air Account No. LE-0035-K; for air quality violations pursuant to
Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Carol McGrath, John Mead) |
|
| Item agreed order, RM/KW. All Agree |
| |
| Item 13. |
Docket No. 2001-0108-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of La Porte Methanol
Company, L.P. in Harris County; Air Account No. HX-2302-N; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and
the rules of the Texas Natural Resource Conservation Commission. (Gloria Stanford,
John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 14. |
Docket No. 1999-0916-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Union Tank Car Company
in Harris County; TNRCC ID No. HG-0811-R; for air quality violations pursuant to
the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, and the rules of the
Texas Natural Resource Conservation Commission. (David Speaker) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 15. |
Docket No. 1999-1174-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Acme Brick Company in
Wise County; TNRCC ID No. WN-0001-M; for air quality violations pursuant to the
Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, and the rules of the
Texas Natural Resource Conservation Commission. (David Speaker) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 16. |
Docket No. 2001-0771-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Steve Wagner dba Wagner
Materials in Comal County; Air Account No. BG-1112-H; for air quality and
municipal solid waste violations pursuant to Tex. Health & Safety Code chs. 382 and
361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (Thomas E. Jecha, John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 17. |
Docket No. 2001-0040-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of U.S. Liquids of Texas, Inc.
in Harris County; TNRCC Air Account No. HG-5304-E; for air quality violations
pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules
of the Texas Natural Resource Conservation Commission. (Michael Meyer, John
Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 18. |
Docket No. 2001-0453-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Tejas Gas Pipeline, L.P. in Harris County; Air
Account No. HG-1391-L; for air quality violations pursuant to Tex. Health & Safety
Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Catherine Sherman, John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 19. |
Docket No. 2001-0462-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Reliant Energy, Incorporated in Chambers
County; Air Account No. CI-0012-D; for air quality violations pursuant to Tex.
Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Faye Liu, John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 20. |
Docket No. 2001-0807-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Pebblebrook Pet Memorial,
Inc. in Harris County; Air Account No. HX-2826-U; for air quality violations
pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules
of the Texas Natural Resource Conservation Commission. (Kevin Keyser, John
Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 21. |
Docket No. 2001-0586-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Norton Company in Erath County; Air Account
No. EF-0012-C; for air quality violations pursuant to Tex. Health & Safety Code ch. 7
and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra,
P.E., John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 22. |
Docket No. 2001-0613-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Moss Bluff Hub Partners,
L.P. in Liberty County; Air Account No. LH-0112-H; for air quality violations
pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules
of the Texas Natural Resource Conservation Commission. (Kevin Keyser, John
Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 23. |
Docket No. 2001-0684-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Johns Manville International Corporation in
Johnson County; Air Account No. JH-0025-O; for air quality violations pursuant to
Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Tel Croston, John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 24. |
Docket No. 2001-0542-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Gardner Glass Products, Inc. in Walker County;
Air Account No. WA-0041-A; for air quality violations pursuant to Tex. Health &
Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural
Resource Conservation Commission. (Rebecca Johnson, John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 25. |
Docket No. 2001-0920-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Crown Central Petroleum Corp. in Harris County;
Air Account No. HG-0175-D; for air quality violations pursuant to Tex. Health &
Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural
Resource Conservation Commission. (Trina Grieco, John Mead) |
| |
| Issue agreed order, RM/KW. All Agree |
|
| Item 26. |
Docket No. 2001-0391-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Caldwell/VSR, Inc. in
Hidalgo County; Air Account No. HN-0371-V; for air quality violations pursuant to
Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Jaime Garza, John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 27. |
Docket No. 2001-0734-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Bonar Acquisition
Corporation in Smith County; Air Account No. SK-0043-P; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and
the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind,
John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 28. |
Docket No. 2001-0797-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Seacrest Company, L.L.C. in Brazoria County; Air
Account No. BL-0321-W; for air quality violations pursuant to Tex. Health & Safety
Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Rebecca A. Johnson, John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 29. |
Docket No. 2001-0367-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Price Construction, Inc. in Frio County; Air
Account No. 92-1169-G and Permit No. 21169; for air quality violations pursuant to
Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Malcolm A. Ferris, John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 30. |
Docket No. 2001-0537-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Phillips Petroleum
Company in Brazoria County; Air Account No. BL-0042-G; for air quality
violations pursuant to Tex. Health & Safety Code chs. 370 and 382, Tex. Water Code
ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Kevin
Keyser, John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 31. |
Docket No. 2001-0865-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Oxy Vinyls, LP in Harris County; Air Account No.
HG-0193-B; for air quality violations pursuant to Tex. Health & Safety Code ch. 382,
Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (Rebecca Johnson, John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
| |
|
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS |
| |
| Item 32. |
Docket No. 2001-0481-IHW-E. Consideration of an Agreed Order assessing
administrative penalties against Parkans International L.L.C. dba Recycalyst
Technologies Corporation in Harris County; Solid Waste Registration No. 23710;
for industrial and hazardous waste violations pursuant to Tex. Health & Safety Code
ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Catherine Albrecht, Erika Fair) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 33. |
Docket No. 2001-0435-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Dixie Chemical Company,
Inc. in Harris County; Solid Waste Registration No. 30314; for industrial &
hazardous waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex.
Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation
Commission. (Catherine Sherman, Erika Fair) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 34. |
Docket No. 2001-0397-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of The Texas A&M University
System in Tom Green County; TNRCC Solid Waste Registration ID No. F0860; for
industrial and hazardous waste violations pursuant to Tex. Health & Safety Code ch.
361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource
Conservation Commission. (Mark Newman, Erika Fair) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 35. |
Docket No. 1997-0214-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of NL Industries, Inc., and
Mainland Land & Equipment Co., in Dallas County; TNRCC ID No. None; for
industrial and hazardous waste violations pursuant to chs. 7 and 26 of the Tex. Water
Code, the Tex. Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code,
and the rules of the Texas Natural Resource Conservation Commission. (Booker
Harrison) |
|
| Issue agreed order, RH/KW. All Agree |
|
|
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER |
| |
| Item 36. |
Docket No. 2000-0799-IWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Dallas/Fort Worth
International Airport Board in Dallas and Tarrant Counties; TNRCC ID No.
72593; Water Quality Permit No. 01441; for water quality violations pursuant to chs.
7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource
Conservation Commission. (David Speaker) |
|
| Issue agreed order, RM/RH. All Agree |
|
|
MULTI-MEDIA ENFORCEMENT AGREED ORDERS |
| |
| Item 37. |
Docket No. 2001-0504-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ameripol Synpol
Corporation in Jefferson County; Air Account No. JE-0017-A and Solid Waste
Registration No. 30144; for air quality and industrial and solid waste violations
pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code chs. 7 and
26, and the rules of the Texas Natural Resource Conservation Commission. (Laura
Clark, John Mead) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 38. |
Docket No. 2001-0890-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Kyle Mott and Zaval-Tex
Industrial, Inc. in Jefferson County; TNRCC Air Account No. JE-0803-R; for air
quality and municipal solid waste violations pursuant to Tex. Health & Safety Code
chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Laura Clark, John Mead) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 39. |
Docket No. 2000-1303-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ronnie Bailey dba Bailey's
Brokerage in McCulloch County; TNRCC ID Nos. F0637 and MA0054K; for air
quality and industrial and hazardous waste violations pursuant to the Tex. Clean Air
Act, ch. 382 of the Tex. Health & Safety Code, Tex. Solid Waste Disposal Act, ch.
361of the Tex. Health & Safety Code, chs. 7 and 26 of the Tex. Water Code, and the
rules of the Texas Natural Resource Conservation Commission. (Rebecca Petty) |
|
| Continued to February 13, 2002 |
| |
| Item 40. |
Docket No. 2001-0461-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of The Goodyear Tire and
Rubber Company in Jefferson County; Air Account No. JE-0039-N, Solid Waste
Registration No. 30012, and Texas Pollutant Discharge Elimination System No.
00519; for air quality, water quality, and industrial solid waste violations pursuant to
Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code chs. 7 and 26, and the
rules of the Texas Natural Resource Conservation Commission. (John Barry, John
Mead) |
|
| Issue agreed order, RH/KW. All Agree |
|
|
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS |
| |
| Item 41. |
Docket No. 2000-0481-MSW-E. Consideration of an Agreed Order assessing
administrative penalties against Republic Waste Services of Texas, LLC dba
Brazoria County Recycling Center in Brazoria County; TNRCC ID No. 1539; for
municipal solid waste violations pursuant to the Tex. Solid Waste Disposal Act, ch.
361 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource
Conservation Commission. (Rebecca Petty) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 42. |
Docket No. 2001-0957-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Carthage in
Panola County; MSW Permit No. 1741-A; for municipal solid waste violations
pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules
of the Texas Natural Resource Conservation Commission. (Steven Lopez, Erika Fair) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 43. |
Docket No. 2001-0141-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of John Soules Foods Inc. in
Smith County; TNRCC ID No. None; for water quality violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (David Van Soest, Erika Fair) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
| |
| Item 44. |
Docket No. 2001-0295-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Harris County Municipal Utility District No. 150
in Harris County; TPDES Permit No. 11863-001; for water quality violations
pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural
Resource Conservation Commission. (Rebecca Petty) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 45. |
Docket No. 2001-0799-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against B&B Aggregates, Inc. in Liberty County; Water
Quality Permit No. None; for water quality violations pursuant to Tex. Water Code
chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission.
(Trina Greico, Pamela Campbell) |
|
| Issue agreed order, RM/RH. All Agree |
| |
|
ON-SITE FACILITY INSTALLER ENFORCEMENT AGREED ORDER |
| |
| Item 46. |
Docket No. 2000-1438-OSI-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Hector Flores dba Flores
and Son Backhoe and Trenching in Bailey County; TNRCC ID No. none; for
on-site sewage installer violations pursuant to ch. 366 of the Tex. Health & Safety
Code and the rules of the Texas Natural Resource Conservation Commission. (David
Speaker) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| |
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
| |
| Item 47. |
Docket No. 2001-1054-PST-E. Consideration of an Agreed Order assessing
administrative penalties against 7-Eleven, Inc. dba 7-Eleven Store No. 12526 in
Tarrant County; Petroleum Storage Tank Facility ID No. 0009218; for petroleum
storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water
Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission.
(Judy Fox, Erika Fair) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 48. |
Docket No. 1999-0895-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Fred Palacios dba Fred's Gas Depot in Hidalgo
County; TNRCC ID No. 33816; for petroleum storage tank violations pursuant to ch.
26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation
Commission. (Rebecca Petty) |
| |
| Issue Order with amended language, RH/RM. All Agree |
|
| Item 49. |
Docket No. 2000-0103-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of C. C. Southern,
Incorporated in El Paso County; TNRCC Petroleum Storage Tank Facility ID No.
0019996; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex.
Water Code and the rules of the Texas Natural Resource Conservation Commission.
(Rebecca Petty) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| |
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
| |
| Item 50. |
Docket No. 2001-0458-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Denny Williams in Comal
County; Public Water Supply No. 0460199; for drinking water quality violations
pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural
Resource Conservation Commission. (Suzanne Walrath, Pamela Campbell) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 51. |
Docket No. 2001-0315-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of San Benito in
Cameron County; Public Water Supply No. 0310007; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Sandra Hernandez Alanis, Pamela
Campbell) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| |
SLUDGE ENFORCEMENT AGREED ORDER |
| |
| Item 52. |
Docket No. 2001-0617-SLG-E. Consideration of an Agreed Order assessing
administrative penalties against Aztec Rental Partners, LLC in Jackson County;
Sludge Transporter Registration No. 22817; for water quality violations pursuant to
Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of
the Texas Natural Resource Conservation Commission. (Gary L. McDonald, Pamela
Campbell) |
|
| Issue agreed order, KW/RH. All Agree |
| |
| |
MISCELLANEOUS AGENDA ITEM |
| |
| Item 53. |
Docket No. 2001-1506-MIS. Consideration of gifts and donations of $500.00 or
more in value given to the TNRCC, submitted for approval in accordance with ch. 575
to the Government Code, concerning acceptance of gifts by certain state agencies.
(Elizabeth West) |
|
| Approve staff recommendation, RM/KW. All Agree |
|
|
EMERGENCY ORDER |
|
| Item 54. |
Docket No. 2001-0688-MLM-E. Consideration of whether to Modify, Affirm, or
Set Aside an Emergency Order issued on December 19, 2001 by the Executive
Director of the Texas Natural Resource Conservation Commission pursuant to Tex.
Water Code ch. 5.501(c)(1) to address the abandonment of a retail public utility
(Facility) by Henry Harris dba Plaza Water Utility; to ensure continued operation
of the Facility; and to provide continuous and adequate service to customers. The
Emergency Order appointed Phillips Gordon as temporary manager of the Facility.
The certificate of convenience and necessity for the Utility is held by Henry Harris
dba Plaza Water Utility, pursuant to ch. 13 of the Tex. Water Code and the rules of the
Texas Natural Resource Conservation Commission. (Gitanjali Yadav) |
|
| Remanded to ED |
|
| |
RULE MATTERS |
| |
| Item 55. |
Docket No. 2001-1528-RUL. Consideration for publication of amended Section
335.5, Deed Recordation of Waste Disposal; and Section 335.25, Handling, Storing,
Processing, Transporting, and Disposing of Poultry Carcasses, in 30 TAC Chapter
335, Industrial Solid Waste and Municipal Hazardous Waste. |
|
|
The proposed rulemaking would implement the portion of House Bill 3355, 77th
Legislature, 2001, that prohibits the commission from requiring a landowner to deed
record the burial of carcasses in the county deed records if the landowner requests and
complies with a water quality management plan certified by the State Soil and Water
Conservation Board. (Marilyn Querejazu/Jill Burditt) (Rule Log No.
2001-060-335-WS) |
| |
| Reposted as Item 65 |
| |
| Item 56. |
Docket No. 2001-1513-RUL. Consideration for publication of, and hearings on, the
following proposed amended sections of 30 TAC Chapter 331, Underground
Injection Control: |
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Subchapter A. General Provisions |
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Section 331.14, Prohibition of Class I Salt Cavern Solid Waste Disposal Wells and
Associated Caverns in Geologic Structures or Formations Other Than Salt Stocks of
Salt Domes |
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Subchapter G. Consideration Prior to Permit Issuance |
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Section 331.121, Class I Wells |
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Subchapter J. Standards for Class I Salt Cavern Solid Waste Disposal Wells |
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Section 331.161, Applicability |
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Section 331.163, Well Construction Standards |
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If approved, the proposed amendments would implement legislation requiring the
commission by rule to prohibit the storage, processing, or disposal of hazardous waste
in a solution-mined salt dome cavern or a sulphur mine (House Bill 2912, Section
9.02, 77th Legislature, 2001); amend and clarify the information required to establish
the geologic suitability of a proposed location for a salt cavern disposal well; and
reinstate technical requirements administratively omitted in 1992. (Wade
Wheatley/Don Redmond/Ray Austin) (Rule Log No. 2001-080-331-WT) |
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| Approve publication and hearing as recommended by staff, RH/KW. All Agree |
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| Item 57. |
Docket No. 2001-1468-RUL. Consideration for publication of, and hearing on,
proposed amendments to 30 TAC Chapter 290, Public Drinking Water, Subchapter
D, Rules and Regulations for Public Water Systems and Subchapter F, Drinking
Water Standards Governing Drinking Water Quality and Reporting Requirements for
Public Water Supply Systems. |
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The proposed rules would: correct technical inconsistencies; incorporate federal
public notification rules and lead/copper rules; implement House Bill (HB) 217;
implement HB 2912, Article 18.02; and provide for the executive director to grant
two-year extensions for capital improvements in specific circumstances. (Melissa
Estes) (Rule Log No. 2001-008-290-WT) |
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| Approve publication and hearings, RM/RH. All Agree |
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| Item 58. |
Docket No. 2001-1084-RUL. Consideration for the adoption of rules review and
adoption of repeal of 30 TAC Chapter 216, Water Quality Performance Standards for
Urban Development, Subchapter A, concerning Water Quality Protection Zones,
which includes Sections 216.1 - 216.11, and termination of a rulemaking initiated in
response to Petitions for Rulemaking submitted by the City of Austin relating to
Chapter 216, Subchapter A, Docket Nos. 98-0063-RUL, et al. |
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The review of the rules in Chapter 216, Subchapter A was conducted in accordance
with Texas Government Code, Section 2001.039, which provides for quadrennial
review of agency rules. That review indicates in accordance with a decision of the
Texas Supreme Court and a subsequent opinion of the Texas Attorney General that
the statute on which Subchapter A is based, Tex. Water Code, Section 26.179, is
invalid. Therefore, the repeal of Chapter 216, Subchapter A is appropriate. In
addition, the rulemaking initiated in response to the Petitions for Rulemaking
submitted by the City of Austin relating to Chapter 216, Subchapter A, will be
terminated. The proposed rules review and repeal were published in the October 26,
2001 issue of the Texas Register (26 TexReg 8487 and 8551). (Auburn
Mitchell/Anthony Tatu/Pat Hooper) (Rule Log No. 2000-038-216-WT) |
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| Approve adoption and repeal, RH/KW. All Agree |
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| Item 59. |
Docket No. 2001-0811-RUL. Consideration for adoption of the following amended
sections of 30 TAC Chapter 220, Regional Assessments of Water Quality; Chapter
303, Operation of the Rio Grande; and Chapter 304, Watermaster Operations. |
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Section 220.21 - Water Quality Assessment Fees |
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Section 303.71 - Costs of Administration |
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Section 304.61 - Costs of Administration |
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The adopted rules will exempt a certain class of small hydroelectric facilities from
watermaster fees and water quality assessment fees. The proposed rules were
published in the September 7, 2001 issue of the Texas Register (26 TexReg 6851,
6853, and 6855). (Melissa Estes) (Rule Log No. 2001-048-304-WT) |
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| Approve adoption, RH/RM. All Agree |
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EXECUTIVE SESSION |
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| Item 60. |
Docket No. 1998-1154-EXE. The Commission will meet in closed session to
deliberate the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of the Commission's Executive Director, as permitted by Section 551.074
of the Texas Open Meetings Act, 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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| Item 61. |
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. The Commission may also meet in open
session to take action on a legal or personnel matters considered in the closed meeting
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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| Item 62. |
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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MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM. |