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Item carried forward from Agenda of February 13, 2002. |
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Item 1. |
Docket No. 2001-1586-MSW. Consideration of Permit Application No. 2284 by the
City of El Paso for a permit for a new Type I municipal solid waste landfill facility.
The permit will authorize the City of El Paso to construct a landfill that will accept
municipal solid waste from municipal, community, commercial, industrial and
recreational activities; municipal solid waste resulting from construction or demolition
projects; and approved special wastes. The facility is to be located on a 311 acre site
located approximately 0.25 miles east of the intersection of Interstate Highway 10 and
Farm-to-Market Road 1110, in El Paso 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. (Hans Mueller, Todd
Galiga) |
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Grant Hearing Request of Lucy Falcon, Alicia Rivera; directed the SOAH Judge to hear issues related
to compliance history; land uses; site geology; groundwater contamination and runoff control; the site
operating plan; endangered species; roads; health risks from exposure to windblown waste, air
contaminants; water runoff and vectors; methane gas; and public nuisance issues which may affect
neighboring residents; and specified that the duration of hearing is eight months. RH/KW. All Agree |
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Item carried forward from Agenda of March 27, 2002. |
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Item 2. |
Docket No. 2002-0183-WR. Consideration of water use permit application No. 5700,
submitted by Brien O'Connor Dunn (Fennessey Ranch) for a new permit (proposed
Water Use Permit No. 5700), to authorize the applicant to construct and maintain an
earthen levee in the eastern portion of Fennessey Flats, which includes an existing
natural depression and wetland area in the flood plain of the Mission River, San
Antonio-Nueces Coastal Basin. The proposed levee will be approximately six miles
southeast of Refugio, in Refugio County, Texas. The Commission will also consider
hearing requests, related responses and replies, public comment, and the Executive
Director's Response to Comments. (Michael Hughes, Ted Ground) |
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Deny hearing request issue permit and adopt Executive Director's response to Comments, RM/RH.
All Agree |
|
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Item carried forward from Agenda of March 27, 2002. |
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Item 3. |
Docket No. 2002-0166-MWD. Consideration of permit application submitted by
Harvard Estates for a new permit, proposed Texas Pollutant Discharge Elimination
System (TPDES) Permit No. 14160-001, to authorize the discharge of treated
domestic wastewater at a daily average flow not to exceed 0.08 million gallons per
day in the interim phase and a daily average flow not to exceed 0.16 million gallons
per day in the final phase. The plant site is located on County Road 59, approximately
1.5 miles west of Texas State Highway 288 in Brazoria County, Texas. The
Commission will also consider hearing requests, related responses and replies, public
comment and the Executive Director's Response to Comments. (Anthony Tatu, Firoj
Vahora) |
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Deny hearing request, and Issue permit, adopt Executive Director's response to comments, RH/RM.
All Agree |
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Item carried forward from agenda of March 13, 2002 and March 27, 2002. |
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Item 4. |
Docket No. 2002-0001-RUL. Consideration for publication of, and hearing on, the
following proposed amended and new sections of 30 TAC Chapter 5, Advisory
Committees; and Chapter 20, Rulemaking: Amended: Section 5.1, Purpose; Section
5.2, Definitions; Section 5.3, Creation and Duration of Advisory Committees; Section
5.4, Purpose and Duties of Advisory Committees; Section 5.5, Composition of
Advisory Committees; Section 5.7, Membership; Section 5.10, Presiding Officer;
Section 5.14, Records; Section 20.19, Working Groups. New: Section 5.20,
Definitions; Section 5.21, Duration of Advisory Groups; Section 5.22, Purpose and
Duties of Advisory Groups; Section 5.23, Composition of Advisory Groups; Section
5.24, Membership; Section 5.25, Attendance; Section 5.26, Manner of Reporting;
Section 5.27, Meetings; Section 5.28, Commission Monitoring and Records. These
proposed revisions to Chapter 5 and Chapter 20 implement House Bill (HB) 2912,
77th Legislature, 2001, Section 1.10, which amended Texas Water Code, Subchapter
D, Chapter 5, Section 5.107, relating to Advisory Councils; and HB 2914, 77th
Legislature, 2001, Sections 45 - 52, which amended Texas Government Code, Chapter
2110, relating to State Agency Advisory Committees. Chapter 5 would change the
title of the chapter from Advisory Committees to Advisory Committees and Groups to
cover advisory committees, work groups, task forces, stakeholder groups, and groups
of other designations frequently used by the agency and would require the agency to
make reasonable attempts to have balanced representation; monitor the composition
and activities; and maintain information in a form and location that is easily accessible
to the public, including making the information available on the commission's website.
In addition, Chapter 5 would specify that an advisory committee created by the
commission shall be automatically abolished in accordance with Texas Government
Code, Section 2110.008(b), which provides that unless the state agency, by rule,
designates a different date on which the committee will be automatically abolished,
the committee is automatically abolished on the later of September 1, 2005, or the
fourth anniversary of the date of its creation. Revisions to Chapter 20 would change
the title of Section 20.19 from Working Groups to Working Committees and Groups
and would add a sentence to require that selection and appointment of any working
groups or persons to advise the commission on rulemaking adhere to the process
established under Chapter 5. (Debra Barber, Hector Mendieta, Terri Seales) (Rule
Log No. 2001-068-005-AD) |
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Approve publication and hearing, RH/KW. All Agree |
|
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Item carried forward from Agenda of March 27, 2002. |
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Item 5. |
Docket No. 2002-0179-RUL. Consideration for publication of the following
proposed new and amended sections of 30 TAC Chapter 328, Waste Minimization
and Recycling; Chapter 330, Municipal Solid Waste; and Chapter 332, Composting. |
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Amended: |
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Section 328.8 |
Recordkeeping and Reporting Requirements |
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Section 330.2 |
Definitions |
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Section 332.3 |
Applicability |
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Section 332.4 |
General Requirements |
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Section 332.23 |
Operational Requirements |
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Section 332.33 |
Required Forms, Applications, Reports, and Request to Use the
Sludge Byproduct of Paper Production |
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Section 332.43 |
Required Forms, Applications, and Reports |
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New: |
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Section 328.2 |
Definitions |
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Section 328.3 |
General Requirements |
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Section 328.4 |
Limitations on Storage of Recyclable Materials |
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Section 328.5 |
Reporting and Recordkeeping Requirements |
|
|
These new and amended sections would address the requirements of House Bill 2912,
Article 9, Section 9.03, 77th Legislature, 2001, by amending Chapter 328 to establish
the justification for recycling facility exemptions from registration and permit
requirements under Chapter 330; amending Chapter 330 to add the term
source-separated recyclable material and amending the term storage; and amending
Chapter 332 to establish the requirements for recordkeeping, reporting requirements,
and limitations on the storage of recyclable material. (Michael Bame, Ada Lichaa,
John Williams) (Rule Log No. 2001-081-328-WS) |
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Approve publication of new and amended sections, RM/RH. All Agree |
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AIR QUALITY ENFORCEMENT AGREED ORDERS |
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Item 1. |
Docket No. 2001-0755-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Gary Wrede and Basil Banister dba BBB Fertilizer
Company in Collin County; Air Account No. CP-0236-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. (Jorge Ibarra, P.E., Sheila
Smith) |
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Issue agreed order, RH/RM. All Agree |
|
Item 2. |
Docket No. 2001-1216-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Columbia Industries, Inc. in
Bexar County; Air Account No. BG-0065-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. (Gloria Stanford, Sheila Smith) |
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Issue agreed order, RH/RM. All Agree |
|
Item 3. |
Docket No. 2001-0773-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of DSC Drilling Specialties
Company LLC in Montgomery County; Air Account No. MQ-0023-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.
(Rebecca Johnson, Sheila Smith) |
|
Issue agreed order, RH/RM. All Agree |
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Item 4. |
Docket No. 2001-1106-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against KCS Medallion Resources, Inc. in Harris County;
Air Account No. HX-2269-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. (Tel Croston, Sheila Smith) |
|
Issue agreed order, RH/RM. All Agree |
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Item 5. |
Docket No. 2001-0858-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Oiltanking Beaumont
Partners, LP in Jefferson County; TNRCC Air Account No. JE-0010-O; for air
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.
(Susan Kelly, Sheila Smith) |
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Issue agreed order, RH/RM. All Agree |
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Item 6. |
Docket No. 2001-0515-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against United Galvanizing, Inc. in Harris County; Air
Account No. HG-1153-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. (Carol Harkins, Sheila Smith) |
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Issue agreed order, RH/RM. All Agree |
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Item 7. |
Docket No. 2001-0897-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Aggregate Plant Products
Co. dba Besser Appco in Bexar County; Air Account No. BG-0249-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. (Rebecca
Clausewitz, Sheila Smith) |
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Issue agreed order, RH/RM. All Agree |
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Item 8. |
Docket No. 2001-1055-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Coastal States Crude Gathering Company in
Brazoria County; Air Account No. BL-0315-R; 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, Sheila Smith) |
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Issue agreed order, RH/RM. All Agree |
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Item 9. |
Docket No. 2001-1225-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against AGP LC dba AGP Refineries LC in Grayson
County; Air Account No. GI-0003-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. (Judy Fox, Sheila Smith) |
|
Issue agreed order, RH/RM. All Agree |
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Item 10. |
Docket No. 2001-1227-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Western Extrusions Corporation dba High
Performance Coating in Dallas County; Air Account No. DB-0343-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. (Judy
Fox, Sheila Smith) |
|
Issue agreed order, RH/RM. All Agree |
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Item 11. |
Docket No. 2001-0986-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Skeeter Products, Inc. in Gregg County; Air
Account No. GJ-0045-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. (Carolyn V. Lind, Sheila Smith) |
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Issue agreed order, RH/RM. All Agree |
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Item 12. |
Docket No. 2001-0511-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Midcoast Gas Services, Inc.
in Roberts and Hemphill Counties; Air Account Nos. RH-0010-G and HL-0004-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.
(Ronnie L. Kramer, Sheila Smith) |
|
Issue agreed order, RH/RM. All Agree |
|
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EDWARDS AQUIFER ENFORCEMENT AGREED ORDERS |
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Item 13. |
Docket No. 2001-1179-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties against Davis Spring Properties, Ltd. in Williamson
County; Edwards Aquifer Protection Program No. 01032802A; for Edwards Aquifer
Protection Program violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Natural Resource Conservation Commission. (Lawrence King,
Michelle Harris) |
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Issue agreed order, RM/RH. All Agree |
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Item 14. |
Docket No. 2001-0577-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Wal-Mart Stores,
Incorporated in Williamson County; Edwards Aquifer Protection Program No.
00103101; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and
the rules of the Texas Natural Resource Conservation Commission. (Lawrence King,
Michelle Harris) |
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Issue agreed order, RM/RH. All Agree |
|
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INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER |
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Item 15. |
Docket No. 2001-0705-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of KMCO, L.P. in Harris
County; Solid Waste Registration No. 31904; 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.
(Catherine Sherman, Sandy Vancleave) |
|
Issue agreed order, RM/RH. All Agree |
|
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INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER |
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Item 16. |
Docket No. 2001-0482-IWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Gulf Coast Waste Disposal
Authority in Harris County; Water Quality Permit No. 01740-000; 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, Michelle Harris) |
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Issue agreed order, RH/KW. All Agree |
|
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MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS |
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Item 17. |
Docket No. 2001-0841-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Bonham in
Fannin County; MSW Permit No. 1303; for municipal solid 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. (Thomas
Greimel, Sandy VanCleave) |
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Issue agreed order, RH/RM. All Agree |
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Item 18. |
Docket No. 2001-0630-MSW-E. Consideration of an Agreed Order assessing
administrative penalties against O'Rourke Dist. Co. Inc. in Harris County; Used Oil
Handler Registration No. A85068; 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. (Bill Davis, Sandy VanCleave) |
|
Issue agreed order, RH/RM. All Agree |
|
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MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
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Item 19. |
Docket No. 2000-0874-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Orange County Water
Control and Improvement District No. 1 in Orange County; TNRCC Water
Quality Permit No. 10875-001 (NPDES Permit No. TX0023795) and TPDES Permit
No. 10875-004; for water quality violations pursuant to Tex. Water Code chs. 7 and
26 and the rules of the Texas Natural Resource Conservation Commission. (Terry
Murphy, Michelle Harris) |
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Issue agreed order, RM/RH. All Agree |
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Item 20. |
Docket No. 2001-0373-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Hubbard in Hill
County; TPDES Permit No. 10534-001; 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. (James Jackson, Michelle Harris) |
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Remanded to Executive Director, RH/RM All Agree |
|
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ON SITE SEWAGE FACILITY INSTALLERS ENFORCEMENT AGREED
ORDERS |
|
Item 21. |
Docket No. 2001-1108-OSI-E. Consideration of an Agreed Order assessing
administrative penalties against Harold J. Smith, III in Morris County; On-Site
Sewage Facility Installer No. OS5702; for certification violations pursuant to Tex.
Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (David Van Soest, Michelle Harris) |
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Issue agreed order, RH/KW. All Agree |
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Item 22. |
Docket No. 2001-0360-OSI-E. Consideration of an Agreed Order assessing
administrative penalties against William Whatley dba Precision Commercial
Plumbing, Inc. in Bell County; Installer Registration No. OS5954; 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. (Pamela Campbell, Michelle Harris) |
|
Issue agreed order, RH/KW. All Agree |
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Item 23. |
Docket No. 2001-0905-OSI-E. Consideration of an Agreed Order assessing
administrative penalties against Oscar Graham dba South Texas Wastewater
Treatment in Bandera County; Installer ID No. OS283; for certification violations
pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules
of the Texas Natural Resource Conservation Commission. (Joseph Daley, Michelle
Harris) |
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Issue agreed order, RH/KW. All Agree |
|
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ON SITE SEWAGE FACILITY AUTHORIZATION ENFORCEMENT
AGREED ORDER |
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Item 24. |
Docket No. 2001-0913-OSS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Terry Pearce in Hamilton
County; OSSF Installer No. OS6216; 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. (Merrilee Gerberding,
Michelle Harris) |
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Issue agreed order, RH/KW. All Agree |
|
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PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
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Item 25. |
Docket No. 2000-1395-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Madanco Corporation dba Shopper's Mart #10
and dba Chevron's Food Mart in Galveston County; TNRCC ID Nos. 0035090
and 0069345; for petroleum storage tank violations pursuant to chs 7 and 26 of the
Tex. Water Code, ch 382 of the Tex. Health and Safety Code, and the rules of the
Texas Natural Resource Conservation Commission. (Robin Chapman) |
|
Issue agreed order, RH/RM. All Agree |
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Item 26. |
Docket No. 2001-1380-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Groendyke Transport, Inc. in Lubbock County;
TNRCC ID No. None; 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, Sandy VanCleave) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 27. |
Docket No. 2001-1039-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Nolan Oil Company, Incorporated in Jasper
County; TNRCC ID No. NONE; for petroleum storage tank violations pursuant to
Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource
Conservation Commission. (John Barry, Sandy VanCleave) |
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Issue agreed order, RH/RM. All Agree |
|
Item 28. |
Docket No. 2001-0835-PST-E. Consideration of an Agreed Order assessing
administrative penalties against RFK Enterprises, Inc. dba Food Spot #5 in Orange
County; Petroleum Storage Tank Facility ID No. 0044519; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (John Barry, Sandy VanCleave) |
|
Issue agreed order, RH/RM. All Agree |
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Item 29. |
Docket No. 2001-0714-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Mr. Shaukat R. Sunesara dba JR's Minute Maid in
Harris County; PST Facility ID No. 0014101; 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, Sandy VanCleave) |
|
Issue agreed order, RH/RM. All Agree |
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Item 30. |
Docket No. 2001-1424-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Frontier Fuel Co. in Moore County; TNRCC ID
No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7
and 26 and the rules of the Texas Natural Resource Conservation Commission.
(Ronnie Kramer, Sandy VanCleave) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 31. |
Docket No. 2001-0593-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Motiva Enterprises LLC
dba Texas City Shell in Galveston County; PST Facility ID No. 0017673; 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. (Gloria Stanford, Sandy VanCleave) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 32. |
Docket No. 2001-0943-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Sumrall Distributing Co., Inc. in Smith County;
TNRCC ID No. None; for petroleum storage tank violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Carolyn V. Lind, Sandy VanCleave) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 33. |
Docket No. 2000-0965-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Shukran Inc., dba Amigo
Mart in Galveston County; TNRCC ID No. 0011954; for petroleum storage tank
violations pursuant to chs. 7 and 26 of the Tex. Water Code, chs. 341 and 382 of the
Tex. Health and Safety Code, and the rules of the Texas Natural Resource
Conservation Commission. (Robin Chapman) |
|
Remand to Executive Director, RH/RM. All Agree |
|
|
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
|
Item 34. |
Docket No. 2001-0642-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Nico-Tyme Water Co-Op, Inc. in Bexar County;
Public Water Supply No. 0150486; for drinking water quality violations pursuant to
Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource
Conservation Commission. (Subhash Jain, Michelle Harris) |
|
Issue agreed order, RM/RH. All Agree |
|
Item 35. |
Docket No. 2001-0923-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Cynthia Kovacevich dba Maryland Day Care &
Preschool in Galveston County; Public Water Supply ID No. 0840225; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Natural Resource Conservation Commission. (Michelle Harris) |
|
Issue agreed order, RM/RH. All Agree |
|
Item 36. |
Docket No. 2001-0566-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Carrington Associates, Inc.
in Cooke County; Public Water Supply No. 0490020; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Sushil Modak, Michelle Harris) |
|
Issue agreed order, RM/RH. All Agree |
|
Item 37. |
Docket No. 2001-0271-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Stallion Springs, Inc. in
Comal County; Public Water System No. 0460179; 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, Michelle Harris |
|
Issue agreed order, RM/RH. All Agree |
|
Item 38. |
Docket No. 2001-0313-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Lakeview Water Co-Op in
Denton County; Public Water Supply 0610232; 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. (Wendy Cooper, Michelle
Harris) |
|
Remanded to Executive Director |
|
Item 39. |
Docket No. 2001-1068-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Harbor Grove Water
Supply Corporation in Denton County; Public Water Supply Facility ID No.
0610045; 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, Michelle Harris) |
|
Issue agreed order, RM/RH. All agree |
|
Item 40. |
Docket No. 2001-1135-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Duke and Long Distributing Co., Inc. dba
Everyday Stores #5209 in Travis County; Public Water Supply No. 2270215; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain,
Michelle Harris) |
|
Issue agreed order, RM/RH. All agree |
|
|
EMERGENCY ORDER TO AFFIRM, MODIFY, OR SET ASIDE |
|
Item 41. |
Docket No. 1999-0587-PWS-E. Consideration of whether to affirm, modify, or set
aside an Emergency Order issued on March 18, 2002 by the Executive Director of the
Texas Natural Resource Conservation Commission (TNRCC) pursuant to Tex. Water
Code chs. 5.501, 5.507 and 13.4132. The Emergency Order requires McCoy Water
Supply Corporation to act as the temporary manager of the Campbellton Water
Works, Inc. water system, located off of Farm to Market Road 791, west of the
railroad tracks, in Campbellton, Atascosa County, and to provide continuous and
adequate water service to the customers of the Campbellton Water Works, Inc. water
system. (James P. Biggins) |
|
Affirm, and modify in part, RH/KW. All Agree |
|
|
MISCELLANEOUS AGENDA ITEM |
|
Item 42. |
Docket No. 2002-0353-MIS. Consideration of issues which may be voted upon at the
Environmental Council of the States (ECOS) Spring 2002 Meeting in Madison,
Wisconsin on April 23 - 25, and consideration of other, related issues. (Linda Haynie) |
|
Authorize Robert Huston and Ralph Marquez to represent the State of Texas as voting members,
RH/RM. All Agree |
|
|
TEMPORARY ORDERS |
|
Item 43. |
Docket No. 2002-0328-WQ. Consideration of a Request by The City of Lubbock
for a Temporary Order pursuant to Section 5.509 of the Texas Water Code and 30
Texas Administrative Code ("TAC") Sections 35.301-35.303. The Temporary Order
would authorize the increase of disposal of treated domestic wastewater from an
annual average flow not to exceed 6 million gallons per day (MGD) currently
authorized by permit no.13550-001, to 10 MGD via surface irrigation of
approximately 3400 acres known as the (HLAS) in order to reduce the amount of
treated domestic wastewater that is disposed of via irrigation at the Lubbock main
irrigation site, the Lubbock Land Application Site (LLAS). The land application site
is located in the drainage area of Double Mountain Fork of the Brazos River in
Segment No. 1241 of the Brazos River Basin. The site has an approximate southern
boundary 0.6 miles north of the intersection of Farm-to-Market Road 400 and
Farm-to-Market Road 211 (in the City of Wilson), and is bounded by a country road
approximately 4.0 miles to the north; the east and west sides of the irrigation site are
bounded by parallel county roads two miles apart in Lynn County, Texas. (Anthony
Tatu, Mary Ann Airey) |
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Issue Temporary Order for 270 days, RM/RH. All Agree |
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Item 44. |
Docket No. 2002-0329-WQ. Consideration of a Request by The City of Lubbock
for a Temporary Order pursuant to Texas Water Code § 5.509 and 30 Texas
Administrative Code §§ 35.301 - 35.303. The Temporary Order would increase the
sodium absorption ratio ("SAR") limit to 25 and would authorize irrigation of other
restricted acreage at the Lubbock Land Application Site ("LLAS"). Lubbock's TPDES
Permit No. 10353-002 currently has a SAR limit of 10. Lubbock seeks the Temporary
Order to help reduce the application rates on other portions of the LLAS. The LLAS
is located primarily east of State Highway-Loop 289. The eastern boundary of the
main site extends along Farm-to-Market Road 835 and its intersection of Yellow
House Canyon to its intersection with Trotter Road and extending north of East 19th
Street. The main site has a southern boundary along the north rim of Yellow House
Canyon and a northern boundary south and north of East 19th Street. In addition,
three non-contiguous effluent application areas are located as follows: 815 acres
located 0.75 mile north of the Village of Ransom Canyon and east of the main site;
300 acres located east of Farm-to-Market Road 1729, 0.5 mile south of East 19th
Street and 0.5 mile north of 50th Street and approximately 150 acres located north of
the Southeast Water Reclamation Plant ("SEWRP") and west of Loop 289. The
LLAS is located in Lubbock County, Texas, in the drainage area of North Fork
Double Mountain Fork Brazos River that flows into the Double Mountain Fork Brazos
River in Segment No. 1241 of the Brazos River Basin. Contact: Todd Burkey,
239-2941. (Todd Burkey) |
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Issue Temporary Order for 270 days, but deny the part regarding SAR limits, RM/RH. All Agree |
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RULE MATTERS |
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Item 45. |
Docket No. 2002-0260-RUL. Consideration for publication of, and hearing on, the
following proposed chapters of 30 TAC: repeal of Chapter 220, Regional
Assessments of Water Quality, Subchapter A, Program for Monitoring and
Assessment of Water Quality by Watershed and River Basin, Sections 220.1 - 220.7,
and Subchapter B, Program for Water Quality Assessment Fees, Sections 220.21 and
220.22; repeal of Chapter 305, Consolidated Permits, Subchapter M, Waste
Treatment Inspection Fee Program, Sections 305.501 - 305.507; new Chapter 21,
Water Quality Fee, Sections 21.1 - 21.4; and new Chapter 220, Regional
Assessments of Water Quality, Sections 220.1 - 220.8. |
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The proposed rules will establish a new methodology for assessing fees as directed by
House Bill HB 2912, Sections 3.04 - 3.06, 77th Legislature, 2001, which replaced the
existing water quality assessment fee and the waste treatment fee with a new fee.
(Chris Hayden, Cory Horan, Debi Dyer) (Rule Log No. 2001-098-220-WT) |
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Approve publication and hearing with changes as recommended, RH/KW. All Agree |
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Item 46. |
Docket No. 2002-0273-RUL. Consideration of publication of, and hearing on, the
following proposed new and amended sections of 30 TAC Chapter 1, Purpose of
Rules, General Provisions; Chapter 39, Public Notice; and Chapter 116, Control of
Air Pollution by Permits for New Construction or Modification: |
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New: |
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Section 1.12, Summary for Public Notices |
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Section 116.1042, Notice of Final Action |
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Amended: |
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Section 39.403, Applicability |
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Section 39.405, General Notice Provisions |
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Section 39.501, Application for Municipal Solid Waste Permit |
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Section 39.503, Application for Industrial or Hazardous Waste Facility Permit |
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Section 116.1011, Multiple Plant Permit Application |
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Section 116.1040, Multiple Plant Permit Public Notice |
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Section 116.1041, Multiple Plant Permit Public Comment Hearings |
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Section 116.1050, Multiple Plant Permit Application Fee |
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The proposed new and amended sections would implement provisions of House Bill
(HB) 2912 (an act relating to the continuation and functions of the Texas Natural
Resource Conservation Commission; providing penalties), Sections 1.12 and 2.01; HB
2947 (an act relating to the posting of notice for water discharge permits); and Senate
Bill 688 (an act relating to requirements for public notice and hearing on applications
for certain permits that may have environmental impact); enacted by the 77th
Legislature, 2001. The proposal includes certain requirements relating to the content
of public notices; public meetings for facilities that accept municipal solid waste;
newspaper publications; and public notices and other procedures for multiple plant
permits. (Lydia Gonzalez-Gromatzky/Ray Austin) (Rule Log No. 2001-028-039-AD) |
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Approve publication and hearing, RM/KW. All Agree |
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Item 47. |
Docket No. 2002-0274-RUL. Consideration for publication of, and hearing on,
proposed amended Section 101.1; repealed Sections 101.6, 101.7, 101.11, 101.12, and
101.15 - 101.17; and new Sections 101.201, 101.211, 101.221 - 101.224, and 101.231
- 101.233 of 30 TAC Chapter 101, General Air Quality Rules; and corresponding
revisions to the state implementation plan. This proposal would implement House
Bill 2912, Section 5.01 and Section 18.14, 77th Legislature, 2001, concerning
emissions events; and partially reformat Chapter 101 by creating new Subchapter F,
concerning Emissions Events and Scheduled Maintenance, Startup, and Shutdown
Activities. (Troy Dalton, 239-1541, Alan Henderson 239-1510) (Rule Log No.
2001-075-101-AI) |
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Approve publication and hearing with modifications regarding reportable quantities, RH/RM. All
Agree |
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Item 48. |
Docket No. 2002-0323-RUL. Consideration for publication of, and hearing on, the
following proposed sections of 30 TAC Chapter 312, Sludge Use, Disposal, and
Transportation, Subchapter A, General Provisions. |
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Repeals: Sections 312.4 - 312.12 |
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New: Sections 312.4 - 312.12 |
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Amendment: Section 312.13 |
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This proposed rulemaking to Chapter 312 implements HB 2912, Section 9.05, which
requires that Class B sewage sludge only be land applied at permitted (as opposed to
registered) facilities after September 1, 2003. Based on the legislation, a fee schedule
for applications and certain requirements for the permits are proposed. Not related to
legislative implementation, the rulemaking also proposes: to allow the executive
director to deny notice of intent for marketing and distributing, storing, or land
applying Class A sewage sludge; handling of fees for permitted facilities; and more
stringent soil sampling criteria for sites to be registered or permitted. (Shanker
Tangirala, Guy Henry, Joseph Thomas) (Rule Log No. 2001-083-312-WT) |
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Approve publication and hearing with changes, RM/RH. All Agree |
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Item 49. |
Docket No. 2001-1528-RUL. Consideration for adoption of amended Section 335.5,
Deed Recordation of Waste Disposal, in 30 TAC Chapter 335, Industrial Solid Waste
and Municipal Hazardous Waste. |
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The 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 Texas State Soil and Water
Conservation Board. The proposal was published in the February 1, 2002 issue of the
Texas Register (27 TexReg 732). (Kari Bourland, John Deering, Jill Burditt) (Rule
Log No. 2001-060-335-WS) |
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Adopt amendments as recommended, RH/KW. All Agree |
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Item 50. |
Docket No. 2001-1057-RUL. Consideration for adoption of the following new and
repealed sections of 30 TAC Chapters 7, Memoranda of Understanding; 114, Control
of Air Pollution from Motor Vehicles; and 305, Consolidated Permits: |
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New Section |
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7.119 - Memorandum of Understanding Between the Texas Department of
Transportation and the Texas Natural Resource Conservation Commission |
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Repealed Sections |
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114.250 - Memorandum of Understanding with the Texas Department of
Transportation |
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305.521 - Adoption of Memorandum of Understanding by Reference |
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The new section and repeals will consolidate memoranda of understanding (MOU),
which is adopted by reference in Chapters 114 and 305 into new Section 7.119.
Additionally, Texas Transportation Code, Section 201.607 requires that an MOU exist
between the Texas Department of Transportation and natural resource agencies to
coordinate review of the environmental effect of a highway project. New Section
7.119 and the repeal of Section 114.250 will be submitted to the United States
Environmental Protection Agency as revisions to the state implementation plan. The
proposed rules were published in the October 26, 2001 issue of the Texas Register (26
TexReg 8477). (David Parmer/Debi Dyer) (Rule Log No. 2001-102-007-AD) |
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Adopt amendments as recommended, RH/RM. All Agree |
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Item 51. |
Docket No. 2002-0147-RUL. Consideration for the publication of, and hearing on, a
notice of intention to review and readopt 30 TAC Chapter 90, Regulatory Flexibility
and Environmental Management Systems, with the following proposed amended
sections: |
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Section 90.1 - Purpose |
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Section 90.10 - Application for a Regulatory Flexibility Order |
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This review is in accordance with Texas Government Code, Section 2001.039 (added
by Acts 1999, 76th Legislature, Chapter 1499, §1.11(a)), which requires state agencies
to review and consider for readoption each of their rules every four years. The
amendments implement changes to Texas Water Code (TWC), Section 5.123, relating
to Regulatory Flexibility, enacted by House Bill 2912, Section 4.02, 77th Legislature,
2001. The legislation redesignated the section as TWC, Section 5.758, relating to
Regulatory Flexibility, and requires that applications for regulatory flexibility orders
clearly demonstrate that the requested variances are more protective than the current
requirements of rule or law. (Joseph Thomas, Jason Haas) (Rule Log No.
2001-073-090-AD) |
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Approve publication and hearing, RH/KW. All Agree |
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EXECUTIVE SESSION |
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Item 52. |
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 53. |
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 54. |
Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED
SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS
COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE
OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT
CODE. The Commission may also meet in open session to take action on this matter
as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the
Government Code. |
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No Action Taken |
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(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC
AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS
INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING IMPAIRED,
READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED TO CONTACT
DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT
LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT
APPROPRIATE ARRANGEMENTS CAN BE MADE. PERSONS WHO DESIRE
THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR
ORAL PRESENTATION AT THIS TNRCC AGENDA ARE REQUESTED TO
CONTACT DOUG KITTS IN THE OFFICE OF THE 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. |