|
HEARING REQUESTS |
|
| Item 1. |
Docket No. 2002-0361-AIR. Consideration of application by Javelina Company, a
Texas Partnership for the amendment of Air Quality Permit 19296 to authorize the
installation of two additional steam boilers to allow the current boiler to become a
backup boiler. The facility is located at 5413 Interstate Highway 37, Corpus Christi,
Nueces County, Texas. The Commission will also consider requests for hearing or
reconsideration, related responses and replies, timely public comment, and the
Executive Director's Response to Comments. (Jim Linville, Janis Hudson) |
|
| Grant hearing request and refer to Alternative Dispute Resolution for 4 to 6 weeks and if mediation
fails forward to State Office Administrative Hearings and hearing examiner instructed to hold a
hearing on the issues as recommended, and duration of hearing no more than 4 months. RH/RM. All
Agree |
| |
| Item 2. |
Docket No. 2002-0313-AIR. Consideration of application by Southern Crushed
Concrete, Inc. for authorization to relocate concrete crushing facilities as allowed by
Air Quality Permit No. 9733C. The site of the proposed relocation is 10501 East
Almeda Road, Houston, Harris County, Texas. The Commission will also consider
requests for hearing or reconsideration; related motions, responses and replies; timely
public comment; and the Executive Director's Response to Comments. (Skip Clark,
Janis Hudson). |
|
| Grant hearing request of James R Dunn, on behalf of Texas Pipe & Supply Co., Inc, Kenneth
Montgomery; Citizens Against Southern Crushed (Referred to as Group A); Citizens Against Southern
Crushed Concrete (Referred to as Group B); Individuals members of CASC/CASCC who reside within
1 mile of the facility, deny Request for Reconsideration and forward to State Office Administrative
Hearing and hearings examiner instructed to hold a hearing on the issues as recommended, and
duration of hearing no more than 6 months, RM/RH. All Agree |
|
| Item 3. |
Docket No. 2002-0387-AIR. Consideration of application by Marathon-Ashland
Petroleum, LLC for amendments to Air Quality Permit No. 22433 to authorize the
expansion of the fluid catalytic cracking unit and to authorize the construction of a
new gasoline desulfurization unit at the company's existing refinery. The refinery is
located at 1320 Loop 197 South, Texas City, Galveston County, Texas. The
Commission will also consider requests for hearing or reconsideration, related
responses and replies, timely public comment, and the Executive Director's Response
to Comments. (Ruben Herrera, Dan Joyner) |
| |
| Continued to May 22, 2002 |
| |
| |
AGRICULTURAL ENFORCEMENT AGREED ORDER |
|
| Item 4. |
Docket No. 2001-0685-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Gary McNutt, Guy McNutt
& Jesse Torres dba McNutt Dairy in Erath County; Water Quality Permit No.
4131; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Natural Resource Conservation Commission. (Alita Champagne,
Gilbert Angelle) |
|
| Issue agreed order, RH/KW. All Agree |
|
| |
AIR QUALITY ENFORCEMENT AGREED ORDERS |
|
| Item 5. |
Docket No. 2000-1343-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mayfield McCraw dba
McCraw Materials in Fannin County; TNRCC Air Account No. FB-0067-E; 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. (Troy D. Nelson) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 6. |
Docket No. 2000-1263-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Tandem Energy
Corporation in Harris County; TNRCC Air Account No. HG-0230-U; 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. (Troy Nelson) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 7. |
Docket No. 1999-1533-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Young Brothers Inc.,
Contractors in McClennan County; TNRCC Air Account No. MB-0136-T; 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. (Troy Nelson) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 8. |
Docket No. 2001-0996-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of E. I. DuPont de Nemours,
Inc. in Jefferson County; Air Account No. JE-0033-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. (Carl Schnitz, Gilbert
Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 9. |
Docket No. 2001-1238-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against EOTT Energy Pipeline, Limited Partnership in
Cooke County; Air Account No. CV-0048-K; for air quality violations pursuant to
Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Jorge Ibarra, P.E., Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 10. |
Docket No. 2001-1143-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against CEMEX, Inc. in Comal County; Air Account No.
CS-0022-K; Air Permit No. 6048/PSD-TX-74M-1; 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, Gilbert
Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 11. |
Docket No. 2001-1141-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against CarMax Auto Superstores, Inc. in Dallas County;
Air Account No. DB-5242-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. (Stacey Young, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 12. |
Docket No. 2001-1207-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against El Paso Field Services, L.P. in Glasscock, Pecos,
and Ward Counties; Air Account Nos. GE-0085-V, PE-0127-F, PE-0118-G, and
WC-0019-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. (Dan Landenberger, Gilbert Angelle) |
| |
| Issue agreed order, RM/KW. All Agree |
|
| Item 13. |
Docket No. 2001-1202-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against El Paso Natural Gas Company in Reeves County;
Air Account No. RF-0009-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. (Dan Landenberger, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 14. |
Docket No. 2001-0862-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Power Resources, Ltd. in Howard County; Air
Account No. HT-0065-Q and Title V Federal Operating Permit No. O-00091; 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. (Dan
Landenberger, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 15. |
Docket No. 2001-1056-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Mitchell Energy Company, L.P. dba Kolar
Production Facility in Lavaca County; Air Account No. LE-0065-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. (Gary L.
McDonald, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 16. |
Docket No. 2001-1239-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Tiffany Brick, Incorporated in Palo Pinto County;
Air Account No. PA-0029-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. (Jorge Ibarra, P.E., Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 17. |
Docket No. 2001-1256-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Sandel Energy, Inc. in Brazoria County; Air
Account No. BL-0779-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. (Stacey Young, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 18. |
Docket No. 2001-0898-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of San Antonio Shoe, Inc. in
Bexar County; Air Account No. BG-1093-J; General Operating Permit No. O-01795;
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, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 19. |
Docket No. 2001-0514-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Phillips Petroleum
Company in Wheeler County; Air Account No. WG-0008-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. (Ronnie L.
Kramer, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 20. |
Docket No. 2001-1450-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Oxy Vinyls, LP in Harris County; Air Account No.
HG-1451-S; 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, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 21. |
Docket No. 2001-1034-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against North Central Oil Corporation in Brazoria
County; Air Account No. BL-0690-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. (John Mead, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
|
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER |
|
| Item 22. |
Docket No. 2001-1073-IHW-E. Consideration of an Agreed Order assessing
administrative penalties against Philip Services Corporation, Inc. dba Chemical
Reclamation Services, Inc. in Ellis County; Solid Waste Registration No. 50084; 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. (Subhash Jain, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| |
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER |
|
| Item 23. |
Docket No. 2001-0676-IWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jobe Concrete Products,
Inc. in El Paso County; NPDES Permit No. TXR05G511; for water quality
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Pamela Campbell, Gilbert Angelle) |
|
| Issue agreed order, RH/RM. All Agree |
| |
|
MULTI-MEDIA ENFORCEMENT AGREED ORDER |
|
| Item 24. |
Docket No. 2001-0259-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Amcor Financial
Corporation dba Lake Valley Water Company in Wilson County; Water Quality
ID No. None; Public Water Supply ID No. 2470020; for water quality and drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water
Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation
Commission. (Malcolm A. Ferris, Gilbert Angelle) |
|
| Issue agreed order, KW/RM. All Agree |
| |
|
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
|
| Item 25. |
Docket No. 2000-0400-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of B.C.R., Inc. dba Chevron
Country Food Mart in Llano County; TNRCC UST ID No. 29962 for petroleum
storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, and the rules
of the Texas Natural Resource Conservation Commission. (Rebecca Petty) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 26. |
Docket Nos. 1999-0846-PST-E and 1999-1372-PST-E. Consideration of an Agreed
Order assessing administrative penalties and requiring certain actions of Proton PRC,
Inc. dba Crossroads Mercantile and Twinstop #2 in Henderson County; TNRCC
PST ID Nos. 29501 and 51106; for petroleum storage tank violations pursuant to chs.
7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Rebecca Nash Petty) |
|
| Continued to May 22, 2002, RH/KW. All Agree |
| |
| Item 27. |
Docket No. 2001-0358-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Sunesara Investment, Inc. in Harris County;
TNRCC ID No. 0063601; for petroleum storage tank 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. (Rebecca Nash Petty) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 28. |
Docket No. 2001-1435-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Luis Aguilar dba Cactus Grocery in Moore
County; PST Facility ID No. 16333; 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, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 29. |
Docket No. 2001-1377-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Mohsen Mousaui dba Bernard's Liquor Store in
Lubbock County; Petroleum Storage Tank Facility ID No. 67439; 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, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 30. |
Docket No. 2001-0908-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Valor Telecommunications of Texas, LP in
Lubbock, Lamb, and Terry Counties; Petroleum Storage Tank Facility ID Nos.
50145, 33496, 33489; 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, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 31. |
Docket No. 2001-0978-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Darrell Earnest dba
Hiway Grocery in Taylor County; PST Facility ID No. 0044819; for petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (George Ortiz, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 32. |
Docket No. 2001-0884-PST-E. Consideration of an Agreed Order assessing
administrative penalties against The Hackberry CO-OP of Post, Texas in Garza
County; Petroleum Storage Tank Facility ID No. 1351; 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, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 33. |
Docket No. 2001-0843-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Abdul Rehman dba Super Star in Orange County;
Petroleum Storage Tank Facility ID No. 0024028; 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, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 34. |
Docket No. 2001-1115-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Sun Coast Resources, Inc. in Dallas 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. (Gloria Stanford, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 35. |
Docket No. 2001-0888-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Muleshoe Area Hospital District dba Muleshoe
Area Medical Center in Bailey County; Petroleum Storage Tank Facility ID No.
67900; 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, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 36. |
Docket No. 2001-1266-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Marshall Distributing Company, Inc. in Bexar
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. (A. Sunday Udoetok, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 37. |
Docket No. 2001-1349-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Lakeway Airpark, Incorporated in Travis County;
Petroleum Storage Tank No. 20296; for petroleum storage tank violations pursuant to
Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource
Conservation Commission. (Lawrence King, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 38. |
Docket No. 2001-0973-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Granite Construction Company in Lubbock
County; Petroleum Storage Tank Facility ID No. 18579; 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, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 39. |
Docket No. 2001-1117-PST-E. Consideration of an Agreed Order assessing
administrative penalties against GLI Distributing, Inc. in Bexar County; Petroleum
Storage Tank Facility ID No. 57306 ; for petroleum storage tank violations pursuant to
Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource
Conservation Commission. (Alita Champagne, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 40. |
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 petroleum storage tank violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Rebecca Johnson, Gilbert Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 41. |
Docket No. 2001-0827-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of A.A.A. Navi Corporation
dba AAA Food Mart in Smith County; PST Facility ID No. 39215; 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, Gilbert
Angelle) |
|
| Issue agreed order, RM/KW. All Agree |
|
|
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER |
|
| Item 42. |
Docket No. 2000-0821-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Jose G. Quintanilla dba San
Perlita Food Store in Willacy County; TNRCC ID No. 26904; for petroleum storage
tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the
Texas Natural Resource Conservation Commission. (Rebecca Nash Petty) |
|
| Remanded to Executive Director |
| |
|
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER |
|
| Item 43. |
Docket No. 2001-0624-PWS-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Tajuddin Jiwani dba Quick
& Easy No. 2 in Wharton County; TNRCC PWS ID No. 2410044; for public
drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and
the rules of the Texas Natural Resource Conservation Commission. (Troy Nelson) |
|
| Issue Default Order, RH/KW. All Agree |
|
|
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
| |
| Item 44. |
Docket No. 2001-0478-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jerry Webb & Janice Webb
dba Vinson's Water System Well No. 2 in Denton County; Public Water Supply
No. 0610154; 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, Gilbert Angelle) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 45. |
Docket No. 2001-1289-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Speedy Stop Food Stores,
Ltd. dba Speedy Stop No. 48 in Bexar County; Public Water Supply No. 0150515;
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,
Gilbert Angelle) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 46. |
Docket No. 1999-0360-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of LaSalle Landing Water
Supply Corporation in Jackson County; TNRCC ID No. 1200008; for public
drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and
the rules of the Texas Natural Resource Conservation Commission. (Troy D. Nelson) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 47. |
Docket No. 2001-0559-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Port Alto Homeowners'
Association - District #1, Inc. in Calhoun County; Public Water Supply No.
0290027; for drinking water quality violations pursuant to Tex. Health & Safety Code
ch. 341 and the rules of the Texas Natural Resource Conservation Commission.
(Carol McGrath, Gilbert Angelle) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 48. |
Docket No. 2001-0521-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Cistern Water Well
Company, Incorporated in Fayette County; Public Water Supply No. 0750008 and
Certificate of Convenience and Necessity No. 12546; 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. (Lawrence
King, Gilbert Angelle) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 49. |
Docket No. 2001-0560-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Port Alto Water Supply
Corporation in Calhoun County; Public Water Supply No. 0290028; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Natural Resource Conservation Commission. (Carol McGrath, Gilbert
Angelle) |
|
| Issue agreed order, RM/RH. All Agree |
|
| |
DISTRICT MATTER |
|
| Item 50. |
Docket No. 1999-0474-DIS. Consideration of a Proposed Order Denying Application
of Engelman Irrigation District of Hidalgo County's Request to Proceed into
Bankruptcy under the Federal Bankruptcy Code. The District's Application was
submitted to the Commission pursuant to V.T.C.A., Tex. Water Code Section 49.456.
(TNRCC Internal Control No. 03191999-D01, Diego Abrego) |
|
| Continue Item to June 26 and Remand for Caption Correction, RH/KW. All Agree |
|
|
RESOLUTION |
|
| Item 51. |
Docket No. 2002-0510-RES. Consideration of a resolution delegating to the
Executive Director the authority to certify certain political subdivisions as providing
regional water and/or wastewater service for the purpose of eligibility to receive a tax
exemption under Subchapter H, Chapter 151, of the Texas Tax Code. (Todd Burkey) |
|
| Approve Resolution with corrections as recommended, RH/KW. All Agree |
| |
|
RULE MATTERS |
|
| Item 52. |
Docket No. 2001-1513-RUL. Consideration for adoption of the following amended
2sections of 30 TAC Chapter 331, Underground Injection Control: |
|
|
Subchapter A. General Provisions, Section 331.14, Prohibition of Class I Salt Cavern
Solid Waste Disposal Wells and Associated Caverns in Geologic Structures or
Formations Other Than Salt Stocks of Salt Domes and Prohibition of Disposal of
Hazardous Waste into Certain Geological Formations |
|
|
Subchapter G. Consideration Prior to Permit Issuance, Section 331.121, Class I Wells |
|
|
Subchapter J. Standards for Class I Salt Cavern Solid Waste Disposal Wells, Section
331.161, Applicability; and Section 331.163, Well Construction Standards |
|
|
The adoption would implement legislation requiring the commission by rule to
prohibit the storage, processing, or disposal of hazardous waste in a solution-mined
salt dome cavern or a sulphur mine (House Bill 2912, Section 9.02, 77th Legislature,
2001); amend and clarify the information required to establish the geologic suitability
of a proposed location for a salt cavern disposal well; and reinstate technical
requirements administratively omitted in 1992. The proposed rules were published in
the February 1, 2002 issue of the Texas Register (27 TexReg 725). (Wade Wheatley,
Don Redmond, Ray Austin) (Rule Log No. 2001-080-331-WT) |
|
| Approve adoption of amendment, RM/RH. All Agree |
| |
| Item 53. |
Docket No. 2002-0055-RUL. Consideration for the adoption of the rules review and
readoption of 30 TAC Chapter 336, Radioactive Substance Rules. 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 proposal was
published in the February 22, 2002 issue of the Texas Register (27 TexReg 1353).
(Hygie Reynolds, Don Redmond, Auburn Mitchell) (Rule Log No.
2002-004-336-WS) |
|
| Approve adoption, RH/KW. All Agree |
| |
| Item 54. |
Docket No. 2002-0476-RUL. Consideration of a petition for rulemaking filed by
Concerned Citizens Against Pollution (C-CAP), Winston Stein, President, requesting
that the commission amend 30 Texas Administrative Code (TAC) Section 331.14,
Prohibition of Class I Salt Cavern Solid Waste Disposal Wells and Associated
Caverns in Geologic Structures or Formations Other Than Salt Stocks of Salt Domes,
and Section 331.42, Area of Review. C-CAP seeks rule language prohibiting
construction of an injection well for disposal of solidified commercial industrial waste
in a salt dome if the proposed or existing well bore is within a three-mile lateral radius
of a commercial or residential drinking water well. |
|
|
The executive director recommends denial of the petition. (Don Redmond, Wade
Wheatley, Ray Austin) (Rule Log No. 2002-050-PET-WT) |
|
| Deny Petition, RM/RH. All Agree |
|
| Item 55. |
Docket No. 2002-0413-RUL. Consideration of publication of, and hearing on,
proposed amended Section 290.108, Radionuclides Other than Radon, of 30 TAC
Chapter 290, Public Drinking Water. The proposed amendment would limit the level
of uranium in water supplied by community public water systems and would revise
the monitoring requirements for combined radium-226 and radium-228, gross alpha
particle radioactivity, and beta and photon radioactivity. (Tony Bennett, John
Deering, Ray Austin) (Rule Log No. 2001-022-290-WT) |
|
| Continued to June 5, 2002 |
| |
| Item 56. |
Docket No. 2001-1504-RUL. Consideration for the adoption of the rules review and
readoption of 30 TAC Chapter 213, Edwards Aquifer. This review is in accordance
with Texas Government Code, Section 2001.039, added by Acts 1999, 76th
Legislature, Chapter 1499, Section 1.11(a), which requires state agencies to review
and consider for readoption each of their rules every four years. The proposal was
published in the February 15, 2002 issue of the Texas Register (27 TexReg 1190).
(Kathy Ramirez, Julie Talkington, Snehal R. Patel) (Rule Log No. 2002-006-213-WT
) |
|
| Approve adoption, RH/KW. All Agree |
| |
|
EXECUTIVE SESSION |
|
| Item 57. |
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 58. |
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. |
|
| No Action Taken |
|
| Item 59. |
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 |
|
|
(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC
AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH
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WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN
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AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE
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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. |