AGENDA

Wednesday, October 23, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

EXECUTIVE SESSION
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.
Commission did not meet in Executive Session
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.
Commission did not meet in Executive Session
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 TCEQ 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.
Commission did not meet in Executive Session


Huston
Marquez
White

AGENDA

Wednesday, October 23, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

HEARING REQUEST
Item 1. Docket No. 2002-0412-WR. Consideration of the application of the City of Temple for amendment to Certificate of Adjudication No. 12-2938A to delete a Special Condition requiring that all water not beneficially used be returned to a tributary of the Little River at a point two miles southeast of Temple. Certificate of Adjudication No. 12-2938A authorizes the City to maintain an existing dam and reservoir on the Leon River, tributary of the Little River, tributary of the Brazos River, the Brazos River Basin, in Bell County, Texas, and to impound not to exceed 500 acre feet and divert not to exceed 15,804 acre feet of water per annum for municipal and industrial use, and divert an additional 20,000 acre feet of water per annum released from Belton Reservoir for municipal purposes. The Commission will consider hearing requests and any responses or replies as well as issuance of the certificate. (Michael Hughes, Kathy Hopkins)
Continue to the 2nd agenda in February 2003, RH/KW. All Agree
AGRICULTURAL AGREED ORDER
Item 2. Docket No. 2001-0664-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Roy Carrell dba Roy Carrell Dairy in Johnson County; TCEQ ID No. 04263; for dairy operation water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Commission on Environmental Quality. (Gitanjali Yadav)
Issue agreed order, RH/RM. All Agree
AIR QUALITY AGREED ORDERS
Item 3. Docket No. 2002-0218-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Air Products, L.P. in Harris County; Air Account No. HG-0011-L; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Rebecca Johnson, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 4. Docket No. 2002-0029-AIR-E. Consideration of an Agreed Order assessing administrative penalties against BASF FINA Petrochemicals Limited Partnership in Jefferson County; TCEQ Air Account No. JE-0843-F; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Laura Clark, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 5. Docket No. 2002-0119-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gruy Petroleum Management Co. in Gray County; Air Account No. GH-0008-G; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Ronnie Kramer, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 6. Docket No. 2002-0261-AIR-E. Consideration of an Agreed Order assessing administrative penalties against K & K Construction, Inc. in Montgomery County; Air Account No. MQ-0591-P; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Trina Grieco, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 7. Docket No. 2002-0095-AIR-E. Consideration of an Agreed Order assessing administrative penalties against NationsRent of Texas, L.P. in El Paso County; Air Account No. EE-1314-K; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Suzanne Walrath, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 8. Docket No. 2002-0545-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Manti Operating Company in Pecos County; Air Account No. PE-0020-B; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Dan Landenberger, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 9. Docket No. 2001-1516-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Equistar Chemicals, L.P. in Harris County; Air Account No. HG-0033-B; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Trina Grieco, Miriam Hall)
Issue agreed order, RH/RM. All Agree
EDWARDS AQUIFER AGREED ORDER
Item 10. Docket No. 2002-0627-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against Sierra Microwave Technology, Incorporated in Williamson County; Edwards Aquifer Protection Program File No. 01101501; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Lawrence King, Miriam Hall)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE AGREED ORDER
Item 11. Docket No. 2002-0322-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Earl Scheib of Texas, Inc. dba Earl Scheib Paint and Body No. 177 in Bexar County; Solid Waste Registration No. 66885; for industrial & hazardous waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Rebecca Clausewitz, Miriam Hall)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE IMMINENT & SUBSTANTIAL ENDANGERMENT ORDER
Item 12. Docket No. 2002-0584-IHW-E. Consideration of an Imminent and Substantial Endangerment Administrative Order pursuant to Tex. Health & Safety Code ch. 361 requiring The Estate of Dae Kim dba Bell Dry Cleaners and Henry T.T. Lucky, Inc. as owners and/or operators of a dry cleaning facility located in Houston, Harris County to take action to ensure public health and safety. (Rebecca Nash Petty)
Approve agreed order, RM/KW. All Agree
MULTI-MEDIA DEFAULT ORDER
Item 13. Docket No. 2001-0343-MLM-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Sneed Shipbuilding, Inc. in Orange County; TCEQ ID No. OC-0065-S; for municipal solid waste and air quality violations pursuant to chs. 361 and 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Commission on Environmental Quality. (Gitanjali Yadav)
Remand to Executive Director, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE AGREED ORDERS
Item 14. Docket No. 2002-0023-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Ore City in Upshur County; Texas Pollutant Discharge Elimination System Permit No. 10241-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Michael Limos, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 15. Docket No. 2001-0832-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Seadrift in Calhoun County; Texas Pollutant Discharge Elimination System Permit No. WQ0010822-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Carol McGrath, Miriam Hall)
Issue agreed order, RH/RM. All Agree
ON SITE SEWAGE FACILITY INSTALLERS AGREED ORDERS
Item 16. Docket No. 2000-0865-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Billy Ray Fisher in Hamilton County; OSSF Installer Cert. No. OS6620; for on-site sewage installer violations pursuant to ch. 366 of the Tex. Health & Safety Code, Ch. 7 of the Tex. Water Code, and the rules of the Texas Commission on Environmental Quality. (Darren Ream)
Issue agreed order, RH/RM. All Agree
Item 17. Docket No. 2001-1224-OSI-E. Consideration of an Agreed Order assessing administrative penalties of Lorenzo Estrada dba Reliable Backhoe in Jim Wells County; TCEQ ID No. OS 6567, for on-site sewage installer violations pursuant to ch. 366 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Commission on Environmental Quality. (Darren Ream)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANKS AGREED ORDERS
Item 18. Docket No. 2001-1414-PST-E. Consideration of an Agreed Order assessing administrative penalties against Alamoco, Incorporated in Dallas County; Petroleum Storage Tank Facility ID No. 0010710; 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 Commission on Environmental Quality. (Jorge Ibarra, P.E., Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 19. Docket No. 2001-1536-PST-E. Consideration of an Agreed Order assessing administrative penalties against Linda Gonzalez dba Manny's Grocery in Schleicher County; Petroleum Storage Tank Facility ID No. 28923; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Mark Newman, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 20. Docket No. 2002-0050-PST-E. Consideration of an Agreed Order assessing administrative penalties against Tri-Con, Inc. in Jefferson County; TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Laura Clark, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 21. Docket No. 2002-0267-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nueces County Hospital District dba Southside Health Center in Nueces County; Petroleum Storage Tank Facility ID No. 56557; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Audra Baumgartner, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 22. Docket No. 2002-0366-PST-E. Consideration of an Agreed Order assessing administrative penalties against Shawn & Shawn Inc. dba T & J Conoco in Tarrant County; Petroleum Storage Tank Facility ID No. 0066359; 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 Commission on Environmental Quality. (Judy Fox, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 23. Docket No. 2001-1572-PST-E. Consideration of an Agreed Order assessing administrative penalties against Save One Stop, Inc. in Harris County; Petroleum Storage Tank Facility ID No. 0030579; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Steven Lopez, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 24. Docket No. 2002-0392-PST-E. Consideration of an Agreed Order assessing administrative penalties against Republic Waste Services of Texas, Ltd. dba Arlington Disposal in Tarrant County; Petroleum Storage Tank Facility ID No. 810; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Kimberly McGuire, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 25. Docket No. 2002-0552-PST-E. Consideration of an Agreed Order assessing administrative penalties against Pennington Co., Inc. in Falls County; TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Michelle Harris, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 26. Docket No. 2002-0013-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nimra Food Mart, Inc. in Bexar County; Petroleum Storage Tank Facility ID No. 28955; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Rebecca Clausewitz, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 27. Docket No. 2002-0256-PST-E. Consideration of an Agreed Order assessing administrative penalties against King Fuels, Inc. in Galveston and Montgomery Counties; TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Trina Grieco, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 28. Docket No. 2001-1490-PST-E. Consideration of an Agreed Order assessing administrative penalties against Trimac Corporation in Burnet County; TCEQ ID No. none; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Commission on Environmental Quality. (Lisa Lemanczyk)
Issue agreed order, RH/RM. All Agree
Item 29. Docket No. 2000-1024-PST-E. Consideration of an Agreed Order assessing administrative penalties against Rudolfo De La Rosa dba Del Camino Cleaners and Martin Caballero dba Del Camino Cleaners in El Paso County; TCEQ PST Facility ID No. 0014979; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Commission on Environmental Quality. (Lisa Lemanczyk)
Issue agreed order, RH/RM. All Agree
Item 30. Docket No. 2002-0139-PST-E. Consideration of an Agreed Order assessing administrative penalties against Your C Store, Inc. in Fayette County; Petroleum Storage Tank Facility ID No. 36119; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Sarah Slocum, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 31. Docket No. 2002-0342-PST-E. Consideration of an Agreed Order assessing administrative penalties against Truman Arnold Companies in Denton and Rockwall Counties; TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Judy Fox, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 32. Docket No. 2002-0041-PST-E. Consideration of an Agreed Order assessing administrative penalties against Fox Contractors, Incorporated in Ellis County; Petroleum Storage Tank Facility ID No. 0069016; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Judy Fox, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 33. Docket No. 2002-0391-PST-E. Consideration of an Agreed Order assessing administrative penalties against CX Transportation, a Division of TIC United Corp. in Taylor County; TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Kimberly McGuire, Miriam Hall)
Continued to November 6, 2002
Item 34. Docket No. 2002-0040-PST-E. Consideration of an Agreed Order assessing administrative penalties against FM All-In-One Convenience Stores Inc. dba All-In-One in Denton County; Petroleum Storage Tank Facility ID No. 0011104; 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 Commission on Environmental Quality. (Judy Fox, Miriam Hall)
Remand to Executive Director
Item 35. Docket No. 2002-0136-PST-E. Consideration of an Agreed Order assessing administrative penalties against Kapalua Fuel & Marine Services, Inc. in Nueces County; TCEQ ID No. None ; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Subhash Jain, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 36. Docket No. 2002-0036-PST-E. Consideration of an Agreed Order assessing administrative penalties against Kayeo, Inc. dba Texaco at Parker & Jupiter in Collin County; Petroleum Storage Tank Facility ID No. 0072097; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Alayne Furgurson, Miriam Hall)
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SYSTEM AGREED ORDERS
Item 37. Docket No. 2001-1477-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of J. Frank Corry dba Chances Night Club in Aransas County; Public Water Supply No. 0040051; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (John Schildwachter, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 38. Docket No. 2001-0152-PWS-E. Consideration of an Agreed Order assessing administrative penalties against the City of Prairie View in Waller County; Public Water System No. 2370029; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Brian Lehmkuhle, Miriam Hall)
Issue agreed order, RH/RM. All Agree
Item 39. Docket No. 2000-1069-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kennedy Ridge Water Supply Corporation in Travis County; TCEQ PWS ID No. 2270308; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the Texas Commission on Environmental Quality. (Shannon Strong)
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SYSTEM DEFAULT ORDER
Item 40. Docket No. 2001-1193-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mitchell and Alvin Kidd dba Old West Mobile Home Park in Randall County; TCEQ PWS ID No. 1910045; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the Texas Commission on Environmental Quality. (Shannon Strong)
Issue Default Order, RH/RM. All Agree
RULE MATTERS
Item 41. Docket No. 2002-1139-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds, Subchapter B, Combustion at Major Sources, Division 4, Cement Kilns, Sections 117.260, 117.265, 117.279, and 117.283; Subchapter E, Administrative Provisions, Sections 117.524 and 117.570; and corresponding revisions to the state implementation plan.
The proposed rulemaking would add flexibility to the existing Chapter 117 cement kiln rules including adding a technology option for preheater/precalciner kilns, expanding the technology option for long wet and long dry kilns, allowing emission reduction credits to be used to meet the nitrogen oxides (NOx) control requirements, and revising the averaging period for the NOx emission specifications from a 30-day rolling average to a 365-day rolling average. (Eddie Mack, Kerri Rowland, Debra Barber) (Rule Log No. 2002-070b-117-AI)
Approve publication and Hearing, RH/RM. All Agree
Item 42. Docket No. 2002-0781-RUL. Consideration for adoption of an amendment to 30 TAC Chapter 292, River Authorities, Subchapter A, General Provisions, Section 292.1, Objective and Scope of Rules.
The revision to Chapter 292 implements Senate Bill 2, Section 1.01, 77th Legislature, 2001, by adding 11 additional river authorities to ensure that Chapter 292 includes all the river authorities listed in Texas Water Code, Section 9.010. The proposal was published in the July 21, 2002 issue of the Texas Register (27 TexReg 6662). (Diego Abrego, Jason Haas, Joseph Thomas) (Rule Log No. 2002-053-292-WT)
Remanded to Executive Director
Item 43. Docket No. 2002-1161-RUL. Consideration for publication of proposed amended Sections 230.1 - 230.4, and 230.11 of 30 TAC Chapter 230, Groundwater Availability Certification for Platting. These amended sections would address the requirements of Senate Bill 405, 77th Texas Legislature, 2001, by amending Chapter 230 to allow a geoscientist licensed to practice in Texas the ability to prepare a certification that adequate groundwater is available for a proposed subdivision if required as part of a plat application to a municipal authority or a commissioners court for the subdivision of a tract of land for which the source of the water supply intended for the subdivision is groundwater under that land. (Michael Bame, Mary Ambrose, Jason Haas) (Rule Log No. 2001-051-230-AD)
Approve publication of proposed amendments to Sections 230.1 - 230.4 & 230.11, with changes as recommended, RH/RM. All Agree
STATE IMPLEMENTATION PLAN
Item 44. Docket No. 2002-1190-SIP. Consideration for publication of, and hearing on, a proposed revision to the state implementation plan (SIP) concerning the attainment demonstration for the Dallas/Fort Worth (DFW) ozone nonattainment area.
The proposed SIP includes the incorporation of the energy efficiency program and a commitment to perform modeling with MOBILE6, the latest version of the United States Environmental Protection Agency's emission factor model for mobile sources. (Mike Magee, Kerri Rowland, Debra Barber) (Rule Log No. 2002-070a-SIP-AI)
Approve publication and hearing, RM/RH. All Agree
EXECUTIVE SESSION
Item 45. 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.
Commission met in Executive Session, no action taken from meeting
Item 46. 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.
Commission met in Executive Session, no action taken from meeting
Item 47. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TCEQ 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.
Commission met in Executive Session, no action taken from meeting
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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


ADDENDUM TO AGENDA

Wednesday, October 23, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 48. Docket No. 1999-0587-PWS-E. Consideration of whether to renew, 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 5.501, 5.505, 5.507 and 13.4132. The Order would renew the appointment of McCoy Water Supply Corporation ("McCoy") 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 would require McCoy to provide continuous and adequate water service to the customers of the Campbellton Water Works, Inc. water system. The Order would also modify the amount of compensation from ten dollars ($10.00) per connection per month to a flat rate of two hundred fifty dollars ($250.00) per month. (James P. Biggins)
Renew and modify emergency order as requested, RH/RM. All Agree


AGENDA

Wednesday, October 23, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

PROPOSAL FOR DECISION
Item 1. TCEQ Docket No. 2001-0681-MSW & SOAH Docket No. 582-02-0365. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning the application by The Applerock Group, L.L.C. for a type IV Municipal Solid Waste Permit, Permit No. MSW 2276. The facility is located in Harris County, Texas. (Sarah G. Ramos)
Adopt Administrative Law Judge's Proposal for Decision and Amended Order, with changes as recommended by Chairman Huston, RH/RM. All Agree