AGENDA

Wednesday, January 30, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 1. 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.
No Action Taken
Item 2. 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.
Authorize General Counsel to work with the Attorney General's Office to seek intervention in the 5th Circuit Court lawsuits challenging the Houston/Galveston SIPs. RM/RH. All Agree
Item 3. 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


OLD BUSINESS AGENDA

Wednesday, January 30, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item carried forward from agenda of December 19, 2001.
Item 1. Docket No. 2001-1501-RES. Consideration of a resolution acting upon requests from the following political subdivisions, as defined by the Texas Water Code, Section 15.001 for certification as providing regional water and/or wastewater service for the purpose of eligibility to receive a tax exemption under Subchapter H, Chapter 151, Texas Tax Code:
Country Club Water Supply Corporation in Kaufman County, CCN No. 20522;
Remanded to ED
D & M Water Supply Corporation in Nacogdoches County, CCN No. 10958, 20857;
Approve Staff Recommendations
G-M Water Supply Corporation in Sabine County, San Augustine County, CCN No. 11393;
Approve Staff Recommendation
G & W Water Supply Corporation in Waller County, Grimes County, CCN No. 12391;
Approve Staff Recommendation
Hamby Water Supply Corporation in Taylor County, Jones County, Callahan County, Shackelford County, CCN No. 10226;
Remanded to ED
Little Elm Valley Water Supply Corporation in Bell County, Falls County, CCN No. 10050;
Approve Staff Recommendation
Oenaville & Belfals Water Supply Corporation in Bell County, Falls County, CCN No. 10052;
Approve Staff Recommendation
S.U.N. Water Supply Corporation in Taylor County, Jones County, Fisher County, CCN No. 11139;
Approve Staff Recommendation
Steamboat Mountain Water Supply Corporation in Taylor County, CCN No. 11370;
Remand to ED
Tamina Water Supply Corporation in Montgomery County, CCN No. 12289;
Remand to ED
West Bell County Water Supply Corporation in Bell County, CCN No. 10045;
Approve Staff Recommendation
The Resolution implements Senate Bill 2, Section 4.25, 77th Legislature. (John Deering/Joe Strouse)
Approve as recommended by staff, with corrections, RM/KW. All Agree


HUSTON
MARQUEZ
WHITE

AGENDA

Wednesday, January 30, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

HEARING REQUESTS
Item 1. Docket No. 2001-1574-AIR. Consideration of application by Valero Refining Company for the amendment of Air Quality Permit No. 38754 / PSD-TX-324M10 to authorize construction of a third sulfur recovery unit at its existing refinery. The refinery is located at 5900 Up River Road in Corpus Christi, Nueces 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. (Kurt Kind/Garrett Arthur)
Deny hearing request as a matter of law and issue permit, adopt Executive Director's response to comments, with revision of the Executive Director's response to comment 49 to make it consistent with his response to comment 48, RH/RM. All Agree
Item 2. Docket No. 2001-1541-MWD. Consideration of permit application # 10548-004, submitted by City of Angleton for new TNRCC Permit No. 10548-004, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 3,600,000 gallons per day. The permit also authorizes land application of sludge to 75 acres of land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal area are located approximately 1.5 miles southwest of the intersection of State Highway 35 and State Highway 227 in Brazoria County, Texas. The sludge application site is located adjacent to the treatment facility. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments. (Phillip Urbany, Lisa McClain)
Grant hearing request and refer to State Office Administrative Hearings on the issues of Effluent Backflow and Sludge Runoff, with Alternative Dispute Resolution for 4 to 6 weeks, and a 4 month hearing duration, RM/KW. All Agree
PERMIT DENIAL RECOMMENDATION
Item 3. Docket No. 2001-1375-WR. Consideration of the application of Sonja Rose Klein for a permit by Tex. Water Code 11.143 to divert and use 40 acre-feet of water per annum to irrigate 40 acres of land out of a 347.35 acre tract. Klein will divert this water from an existing domestic and livestock reservoir which impounds 6 acre-feet of water on Bullhead Creek. The combined maximum diversion rate is 0.56 cfs (250 gpm). No comments or hearing requests were received on this application. The Executive Director recommends that the request be denied because no unappropriated water is available for appropriation at this diversion point.
Remanded to Executive Director
AGRICULTURAL ENFORCEMENT AGREED ORDERS
Item 4. Docket No. 2001-0866-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Jim Wilson dba Mainstay Christmas Tree Farm in Johnson 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. (Sushil Modak, Kimberly McGuire)
Issue agreed order, RH/KW. All Agree
Item 5. Docket No. 2001-0160-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Penn-Cal, L.L.C. dba Penn-Cal Dairy in Erath County; Water Quality Permit No. 03199; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Steven Lopez, Kimberly McGuire)
Issue agreed order, RH/KW. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 6. Docket No. 2000-1444-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Air System Components, L.P. in El Paso County; Air Account No. EE-2271-T; 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. (Bethany Carl, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 7. Docket No. 2001-0124-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of D. V., Inc. dba Dura Mar Bath Systems in Ellis County; Air Account No. ED-0147-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. (Wendy Cooper, Kimberly McGuire)
Issue agreed order, RM/KW. All Agree
Item 8. Docket No. 2001-0703-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Texas Lime Company in Johnson County; Air Account No. JH-0045-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, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 9. Docket No. 2001-1002-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sherwin-Williams Company in Dallas County; TNRCC Air Account No. DB-0728-N; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Lemanczyk)
Issue agreed order, RM/KW. All Agree
Item 10. Docket No. 1999-0371-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Huntsman Polymers Corporation in Ector County; TNRCC Air Account No. EB-0057-B; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Lemanczyk)
Issue agreed order, RM/KW. All Agree
Item 11. Docket No. 2001-1138-AIR-E. Consideration of an Agreed Order assessing administrative penalties against The George R. Brown Partnership in Freestone County; Air Account No. FI-0013-T; 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. (James Jackson, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 12. Docket No. 2001-0509-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Jones Energy, LTD in Gray County; Air Account No. GH-0084-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. (Ronnie L. Kramer, Mac Vilas)
Issue agreed order, RM/KW. All Agree
Item 13. Docket No. 2001-0796-AIR-E. Consideration of an Agreed Order assessing administrative penalties against New Braunfels General Store International, Inc. in Comal County; Air Account No. CS-0024-G; General Operating Permit No. O-01764; 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 Clausewitz, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 14. Docket No. 2001-0963-AIR-E. Consideration of an Agreed Order assessing administrative penalties against BP Pipelines (North America) Inc. in Scurry County; Air Account No. SG-0002-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. (Carolyn Easley, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 15. Docket No. 2000-0843-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mitchell Gas Services, L.P. in Limestone, Madison, Runnels, Grimes, Wise, Palo Pinto, Montgomery, Waller, Coleman, and Coke Counties; Air Account Nos. LI-0066-B, MD-0016-I, RK-0041-N, GK-0057-L, LI-0045-J, WN-0094-C, WN-0040-C, WN-0063-N, PA-0015-P, MQ-0303-C, WB-0098-G, RK-0063-D, RK-0015-O, CO-0034-B, & CN-0004-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. (Sheila Smith, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 16. Docket No. 2001-0513-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Penske Truck Leasing Co., L.P. dba Texas Penske Truck Leasing Co., L.P. in El Paso County; Air Account No. EE-1312-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. (Suzanne Walrath, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 17. Docket No. 2001-0278-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lufkin Industries, Incorporated in Angelina County; TNRCC Air Account No. AC-0015-F; 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, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 18. Docket No. 2001-1012-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Alcoa World Alumina Atlantic, L.L.C. in Calhoun County; Air Account Number CB-0003-M; 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. (Gary L. McDonald, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 19. Docket No. 2001-0723-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Inland Paperboard and Packaging, Inc. in Orange County; Air Account No. OC-0019-C; 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. (Laura Clark, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 20. Docket No. 2001-0844-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Union Carbide Corporation in Galveston County; Air Account No. GB-0076-J; for air quality violations pursuant to Tex. Health & Safety Code chs. 361, 370, and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Johnson, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 21. Docket No. 2001-0225-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Trevor Boyce Associates, Inc. in Liberty County; Air Account No. LH-0032-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. (J. Craig Fleming, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 22. Docket No. 2001-0365-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mitchell Gas Service L.P. in Coleman County; Air Account No. CO-0034-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. (David Van Soest, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 23. Docket No. 2001-0607-AIR-E. Consideration of an Agreed Order assessing administrative penalties against TE Products Pipeline Company, LP in Jefferson County; TNRCC Air Account No. JE-0098-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. (Susan Kelly, John Mead)
Issue agreed order, RM/KW. All Agree
Item 24. Docket No. 2001-1119-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rio Grande Valley Sugar Growers, Inc. in Hidalgo County; Air Account No. HN-0083-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. (Sandra Hernandez, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 25. Docket No. 2001-0246-AIR-E. Consideration of an Agreed Order assessing administrative penalties against RCM Investors, Inc. in El Paso County; Air Account No. EE-0836-F; 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. (Stacey Young, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 26. Docket No. 2001-0331-AIR-E. Consideration of an Agreed Order assessing administrative penalties against NIDO, Inc. dba Beck Readymix Concrete Company in Bexar County; Air Account No. BG-0036-F and Air Permit No. R-695; 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 Clausewitz, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 27. Docket No. 1999-0019-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ticona Polymers, Inc. in Nueces County; TNRCC Air Account No. NE-0022-I; TNRCC Air Quality Permit No. 8442; TNRCC HW Permit No. 50123; TNRCC SWR No. 30084; EPA ID No. TXD008113441; for air quality violations and hazardous waste violations pursuant to chs. 361 and 382 of the Tex. Health and Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Lemanczyk)
Issue agreed order, RM/KW. All Agree
Item 28. Docket No. 2001-0997-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Reliant Energy Channelview (Texas), LLC in Harris County; Air Account No. HX-2342-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. (Carl Schnitz, Tel Croston)
Issue agreed order, RM/KW. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS
Item 29. Docket No. 2001-0706-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Merisol USA LLC in Harris County; Solid Waste Registration No. 30595; for industrial & 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 Sherman, Tom Jecha)
Issue agreed order, RH/KW. All Agree
Item 30. Docket No. 2000-1085-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rusty Lindeman dba Jet Center Aviation in Medina County; Solid Waste Registration No. 81343; 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. (Terry Murphy, Tom Jecha)
Issue agreed order, RH/KW. All Agree
Item 31. Docket No. 2001-0691-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Sand Trap Service Company, Incorporated dba Cold Springs Processing and Disposal in Tarrant County; Municipal Solid Waste Permit No. 1225-C; for industrial & 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. (Jorge Ibarra, P.E., Tom Jecha)
Issue agreed order, RH/KW. All Agree
Item 32. Docket No. 2001-0690-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Sand Trap Service Company, Incorporated in Tarrant County; TNRCC Transporter ID No. 48506; for industrial & 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. (Jorge Ibarra, P.E., Tom Jecha)
Issue agreed order, RH/KW. All Agree
Item 33. Docket No. 2001-1008-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Philip Reclamation Services, Houston, Inc. in Harris County; Solid Waste Registration No. 30271 and TNRCC Permit No. HW-50326-001; for industrial & hazardous waste violations pursuant to Tex. Health & Safety Code chs. 361 and 370, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Trina Grieco, Tom Jecha)
Issue agreed order, RH/KW. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 34. Docket No. 2001-0731-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lone Star Growers, L.P. dba Color Spot Nurseries, Inc. in Walker County; Water Quality Permit No. 02212-000; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Catherine Albrecht, Kimberly McGuire)
Issue agreed order, RM/RH. All Agree
LICENSED IRRIAGTORS ENFORCEMENT AGREED ORDER
Item 35. Docket No. 2001-0369-LII-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Samuel Martinez in El Paso County; Irrigator/Installer License No. None; for licensing violations pursuant to Tex. Water Code chs. 7 and 34 and the rules of the Texas Natural Resource Conservation Commission. (Elvia Maske, Kimberly McGuire)
Issue agreed order, RH/RM. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDERS
Item 36. Docket No. 2000-0280-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Live Oak Resort, Inc. in Washington County; TNRCC PWS ID No. 2390050; for public drinking water and water quality violations pursuant to ch. 341 of the Tex. Health & Safety Code, chs. 7 and 26 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts)
Issue agreed order, RM/KW. All Agree
Item 37. Docket No. 2001-0400-MLM-E. Consideration of an Agreed Order assessing administrative penalties against Huntsman Polymers Corporation in Ector County; Class I UIC Permit Nos. WDW-16, WDW-88, WDW-126, and WDW-154; for underground injection control violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7, 26, and 27, and the rules of the Texas Natural Resource Conservation Commission. (Dan Landenberger, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 38. Docket No. 2001-0730-MLM-E. Consideration of an Agreed Order assessing administrative penalties against Granite Construction Company in Webb County; Air Account No. WE-0269-Q; for air quality, water quality, and municipal 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. (Malcolm A. Ferris, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 39. Docket No. 2001-0291-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of E. I. Du Pont de Nemours and Co., Inc. in Jefferson County; Air Account No. JE-0033-C and Solid Waste Registration No. 30010; WDW-100, WDW-101, and WDW-188; for air quality and underground injection control violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 27, and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 40. Docket No. 2001-0616-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Seadrift Coke, L.P. in Calhoun County; Solid Waste Registration ID No. 33779 and Air Account No. CB-0042-C; for air quality and industrial & hazardous 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. (Gary L. McDonald, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 41. Docket No. 2001-0585-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mobil Chemical Company, a wholly owned subsidiary of Exxon Mobil Corporation in Jefferson County; Air Account No. JE-0062-S and TPDES Permit No. 0000462; for air quality and water quality 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. (John Barry, Tel Croston)
Issue agreed order, RM/KW. All Agree
Item 42. Docket No. 2001-0729-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Raul Maldonado, Jr. dba Central Pallets # 1 in Webb County; Air Account No. WE-0300-B; for air quality 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. (Malcolm A. Ferris, Tel Croston)
Issue agreed order, RM/KW. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 43. Docket No. 2001-0417-MSW-E. Consideration of an Agreed Order assessing administrative penalites against Phoenix Oil, Inc. in Harris County; Used Oil Handler Registration No. A85264; for municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 371, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 44. Docket No. 2001-0346-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Waco in McLennan County; MSW Permit No. 01419; 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. (James A. Jackson, Tom Jecha)
Issue agreed order, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 45. Docket No. 2000-1439-MWD-E. Consideration of an Agreed Order assessing administrative penalties against ABB Vetco Gray, Inc. in Harris County; TNRCC TPDES Permit No. 11651-001; 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. (Elisa Roberts)
Issue agreed order, RH/RM. All Agree
Item 46. Docket No. 2001-0178-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Plano and North Texas Municipal Water District in Collin County; Water Quality Permit No. 10363-001; 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, Kimberly McGuire)
Issue agreed order, RH/RM. All Agree
Item 47. Docket No. 2000-1393-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Sinton in San Patricio County; TPDES Permit No. 10055-001; 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, Kimberly McGuire)
Remanded to Executive Director
ON SITE SEWAGE FACILITY INSTALLERS ENFORCEMENT AGREED ORDER
Item 48. Docket No. 2001-0418-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Alarico Trevino dba Trevino & Sons Septic Tanks in Jim Wells County; On-Site Sewage Facility Installer Certification No. 8066; for on-site sewage installation violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Erika Fair, Kimberly McGuire)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 49. Docket No. 2001-0376-PST-E. Consideration of an Agreed Order assessing administrative penalties against Farah Associates Inc. dba Collins Food Store in Tarrant County; PST Facility ID No. 0014912; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Judy Fox, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 50. Docket No. 2001-0834-PST-E. Consideration of an Agreed Order assessing administrative penalties against Terry Memorial Hospital District dba Brownfield Regional Medical Center in Terry County; PST Facility ID No. 71796; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 51. Docket No. 2001-0647-PST-E. Consideration of an Agreed Order assessing administrative penalties against Tanknology/NDE Corporation in Tarrant County; PST ID No. 0026291; 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. (Wendy Cooper, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 52. Docket No. 2001-0085-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Beiruth Business, Inc. dba Stop N Go in Harris County; PST Facility ID No. 0039721; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26, the rules of the Texas Natural Resource Conservation Commission. (Catherine Sherman, Tom Jecha)
Reposted as #87
Item 53. Docket No. 2001-0378-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Mohsin Hemani dba Benny's Mart in Dallas County; PST Facility ID No. 0062338; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Wendy Cooper, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 54. Docket No. 2001-0476-PST-E. Consideration of an Agreed Order assessing administrative penalties against Asif Dawood dba EZ 4 U in Harris County; PST Facility ID No. 0005429; for PST violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Johnson, Tom Jecha)
Remanded to Executive Director
Item 55. Docket No. 2001-0939-PST-E. Consideration of an Agreed Order assessing administrative penalties against U.S. Department of Justice - Federal Correctional Institution in Dallas County; PST Facility ID No. 0009560; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (A. Sunday Utoetok, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 56. Docket No. 2001-0886-PST-E. Consideration of an Agreed Order assessing administrative penalties against Shallowater Independent School District in Lubbock County; PST Facility ID No. 49432; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 57. Docket No. 2001-0801-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Levelland in Hockley County; PST Facility ID No. 27950; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 58. Docket No. 1999-0646-PST-E. Consideration of an Agreed Order assessing administrative penalties against Bay City, LTD. dba Super Quick in Harris County; TNRCC ID No. 29992; for petroleum storage tank and air quality violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts)
Issue agreed order, RH/RM. All Agree
Item 59. Docket No. 2001-0543-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Taufique Tom Abdul Ghaffer dba Jannet Enterprises Inc. dba Jensen Coastal and Farooq Frank Khamani dba Jensen Coastal in Harris County; PST Facility ID No. 0030583; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Trina Grieco, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 60. Docket No. 2001-0770-PST-E. Consideration of an Agreed Order assessing administrative penalties against S.T.H.P. Corporation dba Tarantula Crossing in Tarrant County; PST Facility ID No. 0069211; 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. (Thomas E. Jecha)
Issue agreed order, RH/RM. All Agree
Item 61. Docket No. 2001-0115-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jerry Darnell dba Pasadena Resources Inc. in Harris County; PST Facility ID No. 0049868; 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. (A. Sunday Udoetok, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 62. Docket No. 2001-0836-PST-E. Consideration of an Agreed Order assessing administrative penalties against Eagle-Picher Industries, Inc. in Lubbock County; PST Facility ID No. 55708; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Tom Jecha)
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS
Item 63. Docket No. 2001-0679-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Duval County Conservation and Reclamation District in Duval County; Public Water Supply ID No. 0660015; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kent Heath, Kimberly McGuire)
Issue agreed order, RH/KW. All Agree
Item 64. Docket No. 2001-0490-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pecan Shadows Water Supply Corporation in Matagorda County; Certificate of Convenience and Necessity No. 11930; for drinking water quality violations pursuant to Tex. Water Code chs. 5 and 13 and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith, Kimberly McGuire)
Issue agreed order, RH/KW. All Agree
Item 65. Docket No. 2001-0596-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Bardwell in Ellis County; Public Water Supply No. 0700020; 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. (Judy Fox, Kimberly McGuire)
Issue agreed order, RH/KW. All Agree
Item 66. Docket No. 2001-0422-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Estate of David W. McCoy in Liberty County; Certificate of Convenience and Necessity No. 12042 and Public Water Supply No. 1460061; for drinking water quality violations pursuant to Tex. Water Code ch. 13 and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith, Kimberly McGuire)
Issue agreed order, RH/KW. All Agree
Item 67. Docket No. 2001-0625-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Thunderbird Bay Water Treatment Plant in Brown County; Public Water Supply No. 0250031; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (George Ortiz, Kimberly McGuire)
Issue agreed order, RH/KW. All Agree
Item 68. Docket No. 2001-0523-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Duck Creek Water Supply Corporation in Smith County; Public Water Supply ID No. 2120011; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind, Kimberly McGuire)
Issue agreed order, RH/KW. All Agree
Item 69. Docket No. 2001-0761-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Iron Hill Water Corporation in Cherokee County; Public Water Supply ID No. 0370022; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Elnora Moses, Kimberly McGuire)
Remanded to Executive Director
Item 70. Docket No. 2001-0662-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Lipan in Hood County; Public Water Supply ID No. 1110011; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Cheryl Thompson, Kimberly McGuire)
Issue agreed order, RH/KW. All Agree
Item 71. Docket No. 2001-0188-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Laguna Tres Incorporated in Hood County; Public Water Supply No. 1110019; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Cheryl Thompson, Kimberly McGuire)
Issue agreed order, RH/KW. All Agree
Item 72. Docket No. 2000-1339-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Detroit in Red River County; Public Water Supply ID No. 1940003; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Elnora Moses, Kimberly McGuire)
Remanded to Executive Director
Item 73. Docket No. 2001-0678-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of YWCA/Hueco Corporation dba YWCA Hueco Conference and Retreat Center in El Paso County; Public Water Supply No. 0710082; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kent Heath, Kimberly McGuire)
Issue agreed order, RH/KW. All Agree
Item 74. Docket No. 2001-0270-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Acton Municipal Utility District in Hood County; Public Water Supply No. 1110007; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle, Kimberly McGuire)
Issue agreed order, RH/KW. All Agree
Item 75. Docket No. 2001-0475-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Wharton in Wharton County; Public Water Supply No. 2410005; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Catherine Albrecht, Kimberly McGuire)
Issue agreed order, RH/KW. All Agree
Item 76. Docket No. 2001-0448-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Mr. John Martinec dba Lake Worth Mobile Home Park in Tarrant County; Public Water Supply No. 2200136; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Judy Fox, Kimberly McGuire)
Issue agreed order, RH/KW. All Agree
Item 77. Docket No. 2001-0603-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Texas Department of Transportation in Ellis County; Public Water Supply No. 0700078; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Elvia Maske, Kimberly McGuire)
Issue agreed order, RH/KW. All Agree
SLUDGE ENFORCEMENT AGREED ORDER
Item 78. Docket No. 2001-1089-SLG-E. Consideration of an Agreed Order assessing administrative penalties against John H. Caldwell and Biosolids Management, Inc. in Brazoria County; Beneficial Use Registration No. 710225; 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. (Catherine Albrecht, Kimberly McGuire)
Issue agreed order, RM/RH. All Agree
UNDERGROUND INJECTION CONTROL ENFORCEMENT AGREED ORDERS
Item 79. Docket No. 2001-0823-UIC-E. Consideration of an Agreed Order assessing administrative penalties against Cogema Mining, Inc. in Webb County; Class I Permit No. WDW 195; for underground injection control violations pursuant to Tex. Water Code chs. 7 and 27 and the rules of the Texas Natural Resource Conservation Commission. (Thomas E. Jecha)
Issue agreed order, RH/KW. All Agree
Item 80. Docket No. 2001-0868-UIC-E. Consideration of an Agreed Order assessing administrative penalties against Cogema Mining, Inc. in Duval County; Class I Permit Nos. WDW-150 & WDW-151 and Class III Permit No. UR02155-001; for underground injection control violations pursuant to Tex. Water Code chs. 7 and 27 and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak, Tom Jecha)
Issue agreed order, RH/KW. All Agree
Item 81. Docket No. 2001-0570-UIC-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of NID, L.P. in Jefferson County; Industrial Solid Waste Registration No. 39098 and Permit Nos. SW39098, WDW-344 and WDW-345; for underground injection control violations pursuant to Tex. Water Code chs. 7 and 27 and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly, Tom Jecha)
Issue agreed order, RH/KW. All Agree
EMERGENCY ORDER
Item 82. 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, in Bell County; 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)
Refer the case to State Office Administrative Hearings, RH/KW. All Agree
RULE MATTER
Item 83. Docket No. 2002-0022-RUL. Consideration for publication of proposed new 30 TAC Ch. 214, Secondary Containment Requirements for Underground Storage Tank Systems Located Over Certain Aquifers, including the following new sections:
Section 214.1 - Purpose
Section 214.2 - Definitions
Section 214.3 - Applicability
Proposed new Ch. 214 would address the requirements in House Bill 2912, Article 13, Section 13.01 and Article 18, Section 18.13, 77th Legislature, 2001, by creating new Ch. 214 that establishes the requirements for secondary containment for underground storage tank systems located over only the outcrop of the Edwards (Balcones Fault Zone) and Trinity aquifers in northern Bexar and Comal Counties. (Michael Bame/Snehal R. Patel/Anton Rozsypal) (Rule Log No. 2001-100-214-WS)
Approve publication with changes as requested by staff, RH/RM. All Agree
EXECUTIVE SESSIONS
Item 84. 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, Ch. 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, Ch. 551 of the Government Code.
No Action Taken
Item 85. 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 Ch. 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, Ch. 551 of the Government Code.
No Action Taken
Item 86. 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 Ch. 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, Ch. 551 of the Government Code.
No Action Taken
(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 THE CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.) 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.


ADDENDUM TO AGENDA

Wednesday, January 30, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 87. Docket No. 2001-0085-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Beiruth Business, Inc. dba Shop N Go in Harris County; Petroleum Storage Tank Facility ID No. 0039721; 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. (Catherine Sherman, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 88. Docket No. 2001-1245-DIS. Consideration of an order reflecting the Commission's decision at the December 5, 2001, agenda, concerning the application by Mustang Water Supply Corporation to convert to a special utility district in Denton County. (Internal Control No. 09222000-D01, John Deering/Fred Radloff)
Approve Order, RH/KW. All Agree


AGENDA

Wednesday, January 30, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 1. TNRCC Docket No. 2001-0657-MLM; SOAH Docket No. 582-01-3146. Consideration of three Certified Questions filed by the Administrative Law Judges in the matter concerning the applications of TSP Development, Ltd. for Industrial Nonhazardous Waste Permit No. 39007, Air Quality Permit No. 34048, and TPDES Permit No. 03959, which seek authorization to construct and operate an industrial nonhazardous solid waste landfill in the extraterritorial jurisdiction of the City of Baytown, Chambers County, Texas. The certified questions ask the Texas Natural Resource Conservation Commission (Commission) to determine (1) whether in light of Texas Water Code 5.103(c) and Texas Health & Safety Code 361.024(e), a lack of formally promulgated detailed rules to govern the design and operation of a nonhazardous industrial solid waste disposal facility prevents the Commission from evaluating a permit application and issuing or denying a permit for this class of facility; (2) whether the standards for evaluating the design, construction, and operation of such a facility are found solely at 30 Texas Administrative Code 335.4 and 305.50(1)-(3) and Texas Health & Safety Code 361.002(a) or elsewhere; and (3) whether the Executive Director's technical guidelines constitute reliable current statements of Commission policy.
Answer to Certified Question One is No, Answer to Certified Question Two is not to limited to the enumerated items, but includes those matters evaluated by the Executive Director in his permit review, and answer to Certified Question three is that 335.3 defines what guidance is and the Commission does not seek to revisit the definition, RH/RM. All Agree
Item 2. TNRCC Docket No. 1997-0807-MSW; SOAH Docket No. 582-97-1547. Consideration of the Administrative Law Judge's Proposal for Decision and Proposed Order concerning the application of Adobe Eco-Systems, Ltd. for Permit No. MSW-2253, a Type I facility. The facility is located in Kinney County.
Grant Proposal for Decision and Order, and accept the ED's Exceptions and overrule all others, KW/RH. Marquez Abstained