AGENDA

Wednesday, November 20, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 1. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Commission did not meet in closed 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 closed 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 closed session


OLD BUSINESS AGENDA

Wednesday, November 20, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Continued from September 25, 2002 agenda.
Item 1. Docket No. 1999-0905-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Quadvest, Inc. dba as the following: Telge Terrace Mobile Home Subdivision, Colony Mobile Home Subdivision, Timberdale Mobile Home Subdivision, Campwood Subdivision, Indigo Lakes Subdivision, Sendera Ranch Subdivision, Red Oak Ranch Subdivision, Stonecrest Ranch Subdivision, Lake Windcrest Ranch Subdivision, and Westwood Subdivision in Harris, Montgomery, and Waller Counties; TNRCC ID Nos. 1011805, 1011806, 1011810, 1700576, 1700577, 1700609, 1700611, 1700624, 1700404, and 2370042; 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. (Elisa Roberts)
Issue agreed order, RM/KW. All Agree


ADDENDUM TO OLD BUSINESS

Wednesday, November 20, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Continued from November 6, 2002 agenda.
Item 2. Docket No. 2002-1143-AIR. Consideration of application by Laboratory Tops, Inc. for a new permit at an existing facility to authorize manufacturing of laboratory work surfaces previously authorized under Permit by Rule. The facility is located at 206 Allison Drive, Taylor, Williamson 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. (Orlando Vasquez/Garrett Arthur)
Continued December 18, 2002
Continued from November 6, 2002 agenda.
Item 3. Docket No. 2002-0038-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City Stop, Incorporated dba City Stop #21 in Cameron County; Petroleum Storage Tank Facility ID No. 15839; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Jaime Garza, Kent Heath)
Issue agreed order, RM/RH. All Agree


AGENDA

Wednesday, November 20, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

HEARING REQUESTS
Item 1. Docket No. 2002-1207-AIR. Consideration of application by Trinity Materials, Inc. for new Air Quality Permit Number 49469 to authorize the use of a portable rock crusher at an existing sand and gravel operation. The proposed crushing operation is located at 5050 Reed Lake, near Little River-Academy, Bell 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. (Mike Gould/John Minter)
Continued to December 4, 2002
Item 2. Docket No. 2001-0121-DIS. Consideration of an application by Johnson County Rural Water Supply Corporation to convert to a special utility district operating under Texas Water Code Chapters 49 and 65. The proposed district will include 297.8 square miles of territory located primarily in Johnson County, Texas but also extending into Ellis, Hill and Tarrant Counties. The Commission will also consider hearing requests and related responses and replies. (Internal Control No. 10092000-D06, Angela Stepherson/Fred Radloff)
Grant hearing request of City of Cleburne and City of Ft. Worth, on the issue of waste water concerns only, allow ADR for 4 to 6 weeks, and Deny the hearing requests of the Cities of Alvarado, Burleson and Mansfield, RH/KW. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 3. Docket No. 2002-0246-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Albertson's, Inc. dba Albertson's Express No. 933 in El Paso County; Air Account No. EE-2264-Q; 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. (Laurie Eaves, David Van Soest)
Issue agreed order, RH/RM.. All Agree
Item 4. Docket No. 2002-0622-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Austin Counter Tops, Incorporated in Travis County; Air Account No. TH-0247-V and Federal Operating Permit No. O-01027; 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. (Lawrence King, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 5. Docket No. 2002-0469-AIR-E. Consideration of an Agreed Order assessing administrative penalties against EnerVest Operating, LLC in Brazoria County; Air Account No. BL-0432-M; 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. (Sheila Smith, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 6. Docket No. 2002-0204-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Johnson Manufacturing Company, LLC in Matagorda County; Air Account No. MH-0178-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. (Catherine Albrecht, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 7. Docket No. 2002-0471-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Roche Vitamins, Incorporated in Brazoria County; Air Account No. BL-0033-H; 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. (Sheila Smith, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 8. Docket No. 2002-0250-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nu Van Technology, Inc. in Tarrant County; Air Account No. TA-1093-C; 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. (Miriam Hall, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 9. Docket No. 2002-0248-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Intercontinental Terminals Company in Harris County; Air Account No. HG-0403-N and Air Permit No. 1078; 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, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 10. Docket No. 2001-1409-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of HEC Petroleum, Inc. in San Patricio County; Air Account No. SD-0086-A; 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. (Merrilee Gerberding, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 11. Docket No. 2002-0263-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of San Miguel Electric Cooperative, Inc. in Atascosa County; Account No. AG-0007-G and Air Permit No. 4180A; 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. (Malcolm A. Ferris, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 12. Docket No. 2001-1561-AIR-E. Consideration of an Agreed Order assessing administrative penalties against and requiring certain actions of Joe Murillo dba Laguna Marble in Tarrant County; TCEQ Air Account No. TA-4105-W; for air violations pursuant to the Texas Clean Air Act, ch. 382 of the Texas Health & Safety Code, and the rules of the Texas Commission on Environmental Quality. (Subhash Jain/David Van Soest)
Reposted as Item No. 53
Item 13. Docket No. 2002-0170-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Western Sales and Testing Company in Randall County; Air Account No. RB-0072-E; 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. (Tel Croston, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 14. Docket No. 2002-0352-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Western Extrusions Corporation dba High Performance Coatings 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 Commission on Environmental Quality. (Sheila Smith, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 15. Docket No. 2002-0537-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Southwest Shipyard, L.P. in Harris County; Air Account No. HG-0686-T; 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, David Van Soest)
Issue agreed order, RH/RM. All Agree
EDWARD AQUIFER ENFORCEMENT AGREED ORDER
Item 16. Docket No. 2002-0649-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against James Embree and Rocky Hardin in Williamson County; Edwards Aquifer Protection Program File No. 01120701; 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, David Van Soest)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 17. Docket No. 2001-1259-IHW-E. Consideration of an Agreed Order assessing administrative penalties against ECS Refining Texas, LLC in Kaufman County; Solid Waste Registration No. 39525; 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. (Wendy Cooper, David Van Soest)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 18. Docket No. 2001-1459-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hector Jesus Escobar dba Horizon Truck Wash in El Paso County; Water Quality Permit No. 03033; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Terry McMillan, David Van Soest)
Issue agreed order, RH/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 19. Docket No. 2001-0907-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Waco in McLennan County; Municipal Solid Waste Permit No. 948-A; 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 Commission on Environmental Quality. (J. Craig Fleming, David Van Soest)
Issue agreed order, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 20. Docket No. 2001-1466-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Lone Star in Morris County; Expired Texas Pollutant Discharge Elimination System Permit No. 12411-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Carolyn V. Lind, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 21. Docket No. 2000-1166-MWD-E. Consideration of an Agreed Order assessing administrative penalties against and requiring certain actions of Fort Worth Boat Club in Tarrant County; TCEQ ID No. 11123-001; for water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Commission on Environmental Quality. (Subhash Jain/David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 22. Docket No. 2002-0306-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Troup in Cherokee County; Texas Pollutant Discharge Elimination System Permit No. 10304-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Tel Croston, David Van Soest)
Issue agreed order, RH/RM. All Agree
ON SITE FACILITY ENFORCEMENT AGREED ORDERS
Item 23. Docket No. 2002-0024-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Danny Lynn Corbin dba Corbin Backhoe Service in Wood County; On-Site Sewage Facility Installer ID No. OS5756; for licensing violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Michael Limos, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 24. Docket No. 2002-0163-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Danny Taylor in Wise County; On-Site Sewage Installer OS6985 (Expired); for licensing/certification violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (David Van Soest)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 25. Docket No. 2001-1009-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ziad Hajahmed dba College Park Mobil in Harris County; Petroleum Storage Tank Facility ID No. 0017640; for petroleum storage tank 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, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 26. Docket No. 2002-0389-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Crockett Independent School District in Houston County; Petroleum Storage Tank Facility No. 0044350; 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, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 27. Docket No. 2002-0040-PST-E. Consideration of an Agreed Order assessing administrative penalties against FM All-In-One Convenience Stores Inc. dba All-N-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, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 28. Docket No. 2000-1051-PST-E. Consideration of an Agreed Order assessing administrative penalties against Abilene Food Mart, Inc. in Taylor County; PST Facility ID No. 0035043; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Texas Water Code and the rules of the Texas Commission on Environmental Quality. (Subhash Jain/David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 29. Docket No. 2002-0069-PST-E. Consideration of an Agreed Order assessing administrative penalties against V.N.H., Inc. in Harris County; Petroleum Storage Tank Facility ID No. 55760; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Bradley Brock, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 30. Docket No. 2002-0682-PST-E. Consideration of an Agreed Order assessing administrative penalties against Three L., Inc. in Harris 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. (Trina Grieco, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 31. Docket No. 2002-0515-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Riaz Haider dba Rick's by the Park in Tarrant County; Petroleum Storage Tank Facility ID No. 0064891; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Wendy Cooper, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 32. Docket No. 2002-0697-PST-E. Consideration of an Agreed Order assessing administrative penalties against Lamesa Butane Company, Inc. in Dawson 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. (Dan Landenberger, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 33. Docket No. 2002-0010-PST-E. Consideration of an Agreed Order assessing administrative penalties against Hays City Corporation in Fayette 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. (Gilbert Angelle, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 34. Docket No. 2002-0479-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of General Services Administration in El Paso County; Petroleum Storage Tank Facility ID No. 0055701; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Kevin Smith, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 35. Docket No. 2001-1310-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Enderby Gas, Incorporated in Grayson County; Petroleum Storage Tank Facility ID No. 53682; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Bill Davis, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 36. Docket No. 2002-0266-PST-E. Consideration of an Agreed Order assessing administrative penalties against Donald C. Moore & Sons, Inc. in Live Oak County; Petroleum Storage Tank Facility ID Nos. 12004 and 12005; 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, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 37. Docket No. 2002-0033-PST-E. Consideration of an Agreed Order assessing administrative penalties against Dalton Oil, Inc. in Denton 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. (Wendy Cooper, David Van Soest)
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 38. Docket No. 2000-0422-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of W. Stanley Gillem and Trudy Gillem dba Country Villa Mobile Home Park in Bee County; Public Water Supply ID No. 0130058; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Edward Moderow, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 39. Docket No. 2001-0076-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Logan Boggs dba Sugar Pines Mobile Home Park in Orange County; TCEQ PWS ID No. 1810103; 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. (Subhash Jain/David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 40. Docket No. 2002-0457-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Westwind Enterprises, LTD. dba Kings Row Manufactured Home Community in Harris County; Public Water Supply No. 1010680; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Catherine Albrecht, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 41. Docket No. 2001-1346-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Town of Marshall Creek in Denton County; Public Water Supply ID No. 0610056 and Certificate of Convenience and Necessity No. 11820; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 13, and the rules of the Texas Commission on Environmental Quality. (Cheryl Thompson, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 42. Docket No. 2002-0150-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lake Ridge Properties, Inc. in Val Verde County; Public Water Supply No. 2330029 and Certificate of Convenience and Necessity No. 11113; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Steven Lopez, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 43. Docket No. 2002-0080-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Hamilton in Hamilton County; Public Water Supply 0970001; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Shawn Stewart, David Van Soest)
Issue agreed order, RH/RM. All Agree
Item 44. Docket No. 2001-1580-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gober Municipal Utility District in Fannin County; Public Water Supply ID No. 0740024; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Jorge Ibarra, P.E., David Van Soest)
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER
Item 45. Docket No. 2000-1054-PWS-E. Consideration of a Default Order assessing administrative penalties against and requiring certain actions of Dale Haggard dba Haggard Water dba Whispering Pines Subdivision and Spring Valley Subdivision in Cass County; TCEQ PWS ID NOS. 0340026 and 0340024; for public drinking water violations pursuant to ch. 341 of the Texas Health & Safety Code and the rules of the Texas Commission on Environmental Quality. (Subhash Jain/David Van Soest)
Approve Default Order, RH/RM. All Agree
UTILITY CERTIFICATION AND RATES EMERGENCY ORDER
Item 46. Docket No. 2002-1260-UCR. Consideration of an Emergency Order requiring the City of Gladewater in Gregg County to provide an emergency interconnection for continuous and adequate temporary wholesale wastewater service, pursuant to Texas Water Code 13.041(d) and 30 Tex. Admin. Code 291.14(a)(1) and (2), to the City of Clarksville City in Gregg County and establishing reasonable compensation for the temporary service pursuant to Texas Water Code 13.041(e) and 30 Tex. Admin. Code 291.14(a)(3). Clarksville City owns and operates a wastewater collection system serving approximately 311 connections in Gregg County, Texas. Clarksville City holds sewer Certificate of Convenience and Necessity (CCN) No. 20422. Under a contract that expired October 23, 2002, Gladewater provided wholesale wastewater service to Clarksville City. Gladewater holds sewer CCN No. 20191. Gladewater has notified Clarksville City that wastewater service to Clarksville City will be discontinued on November 22, 2002. Gladewater is the only provider of wastewater service currently available to Clarksville City. Gladewater has the capability to provide an emergency interconnection for wastewater service to Clarksville City through existing facilities. (Sheresia Perryman/Brian Dickey)
Approve Emergency Order with changes as recommended, RH/RM. All Agree
RULE MATTERS
Item 47. Docket No. 2002-0677-RUL. Consideration for adoption of the following repealed and new sections of 30 TAC Chapter 210, Use of Reclaimed Water, Subchapter E, Special Requirements for Use of Industrial Reclaimed Water:
Repealed
Section 210.51. When Authorization Is Required and How To Obtain It; Effect on Permitted Discharges.
Section 210.52. Definitions.
Section 210.53. Requirements in Other Subchapters.
Section 210.54. Authorization of Industrial Reclaimed Water Use.
Section 210.55. Record Keeping and Reporting.
New
Section 210.51. Applicability, Purpose, and Scope.
Section 210.52. Definitions.
Section 210.53. Wastes Eligible for Coverage.
Section 210.54. Wastes Not Eligible for Coverage.
Section 210.55. Application Requirements for Authorization.
Section 210.56. Authorization Requirements.
Section 210.57. Sampling and Record Keeping Requirements.
Section 210.58. Existing Authorizations.
Section 210.59. Executive Director Denial or Suspension Authorization.
Section 210.60. Fees.
The adoption repeals the existing Chapter 210, Subchapter E, which sets out the requirements that allow a person to reuse industrial wastewater as industrial reclaimed water and replace it with a new Subchapter E which clarifies the existing requirements, including clarifying and specifying when an authorization can be denied; modifying existing recordkeeping requirements; and adding the existing fee into the rule language. Other changes to the new Subchapter E include modifying the existing: 1) general requirements applicable to producers, providers, and users of industrial reclaimed water; 2) requirements and specifications for industrial reclaimed water relating to transfer, storage, and irrigation; 3) requirements and specifications necessary to minimize the discharge of waste into or adjacent to water in the state; 4) specific manner in which industrial reclaimed water may be used; 5) standards for the quality of industrial reclaimed water; and 6) standards for monitoring, recordkeeping, and reporting. The proposed rules were published in the July 12, 2002 issue of the Texas Register (27 TexReg 6218). (Nicole Cuthbertson, Guy Henry, Kathy Ramirez) (Rule Log No. 2002-042-210-WT)
Approve the repeal and the new sections of 30 TAC Chapter 210, RH/RM. All Agree
Item 48. Docket No. 2002-0810-RUL. Consideration for adoption of the following proposed amendments (including new, amended, and repealed sections) to 30 TAC Chapter 106, Permits by Rule; 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification; and 30 TAC Chapter 122, Federal Operating Permits; and corresponding revisions to the Texas state implementation plan (SIP):
Chapter 106
Subchapter A: Amended Section 106.6
Chapter 116
Subchapter B: Amended Section 116.115
Subchapter F: Amended Section 116.611
Chapter 122,
Subchapter A: Amended Section 122.10
Subchapter B: Amended Sections 122.122, 122.132, 122.140, 122.142, 122.143, and 122.161
Subchapter B: New Section 122.147
Subchapter C: Amended Sections 122.201, 122.217, 122.221
Subchapter D: Amended Section 122.350
Subchapter F: Amended Sections 122.502 - 122.504
Subchapter G: Amended Section 122.602
Subchapter G: New Sections 122.604 and 122.606
Subchapter G: Repealed Sections 122.600, 122.604, 122.606, 122.608, 122.610, and 122.612
Subchapter H: Repealed Sections 122.700, 122.702, 122.704, 122.706, 122.708, 122.710, 122.712, 122.714, and 122.716
These amendments to Chapters 106, 116, and 122 would correct a notice of deficiency issued by the United States Environmental Protection Agency (EPA) regarding the Texas Operating Permit Program in the January 7, 2002 issue of the Federal Register (67 FR 732). Amended Sections 106.6, 116.115, 116.611, and 122.122 will be submitted to the EPA as SIP revisions. The proposed rules were published in the July 26, 2002 issue of the Texas Register (27 TexReg 6627). (Tara Capobianco, Alan Henderson) (Rule Log Number 2002-043-122-AI)
Approve adoption of the amended, repealed and new sections of 30 TAC Chapter 106; 30 TAC Chapter 116; and 30 TAC Chapter 122, as recommended by staff and approve submission of amended Sections 106.6., 116.115, 116.611, and 122.122 to the EPA as SIP revisions, RM/RH. All Agree
Item 49. Docket No. 2002-1222-RUL. Consideration for publication of proposed amended Section 305.48, Additional Contents of Applications for Wastewater Discharge Permits, of 30 T AC Chapter 305, Consolidated Permits, and new Section 308.91, Criteria Applicable to Cooling Water Intake Structures under the Clean Water Act, Section 316(b), of 30 TAC Chapter 308, Criteria and Standards for the National Pollutant Discharge Elimination System.
The proposed rulemaking would incorporate by reference the new United States Environmental Protection Agency requirements in 40 Code of Federal Regulations, Section 122.21(r), Applications for Facilities with Cooling Water Intake Structures, and Part 125, Subchapter I, Requirements Applicable to Cooling Water Intake Structures for New Facilities Under Section 316(b) of the Act. The proposed rulemaking would also correct the name for Standard Industrial Classification (SIC) code and require that Texas Pollutant Discharge Elimination System permit applications also provide North American Industry Classification System codes, which have replaced SIC codes. (Curtis Seaton, Robin Smith, Joseph Thomas) (Rule Log No. 2002-066-305-WT)
Approve publication 30 TAC Chapter 305, and new Section 308.91, RM/RH. All Agree
EXECUTIVE SESSION
Item 50. 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 51. 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 52. 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.
No Action Taken
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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

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Wednesday, November 20, 2002

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

Item 53. Docket No. 2001-1561-AIR-E. Consideration of an Agreed Order assessing administrative penalties against and requiring certain actions of Joe Murillo dba Laguna Marble in Tarrant County; TCEQ Air Account No. TA-4105-W; for air violations pursuant to the Texas Clean Air Act, ch. 382 of the Texas Health & Safety Code ch. 7 and the rules of the Texas Commission on Environmental Quality. (Subhash Jain/David Van Soest)
Reposted as Item 54


SECOND ADDENDUM TO AGENDA

Wednesday, November 20, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 54. Docket No. 2001-1561-AIR-E. Consideration of an Agreed Order assessing administrative penalties against and requiring certain actions of Joe Murillo dba Laguna Marble in Tarrant County; TCEQ Air Account No. TA-4105-W; for air violations pursuant to the Texas Clean Air Act, ch. 382 of the Texas Health & Safety Code, Texas Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Subhash Jain/David Van Soest)
Issue agreed order, RH/RM. All Agree


THIRD ADDENDUM TO AGENDA

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Wednesday, November 20, 2002

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

Item 55. Docket No. 2002-1295-MWD. Consideration of a request by Sunbelt Fresh Water Supply District (District) for an Order authorizing commencement of construction of the proposed expansion to its wastewater treatment facility pursuant to sections 26.019 and 26.027 (c) of the Tex. Water Code. The District has applied to amend Texas Pollutant Discharge Elimination System Permit No. 10518-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 300,000 gallons per day to a daily average flow not to exceed 450,000 gallons per day. The District has requested an Authorization to Construct before the issuance of its permit in order to comply with the provisions of an agreed order to improve its facilities. If the authorization is not granted, water quality of the receiving segment may be impaired if equipment fails and additional enforcement action may result. The Northline Wastewater Treatment Facility is located on the south side of Halls Bayou approximately 1,000 feet east of Sweetwater Street in Harris County, Texas. The treated effluent is discharged to Halls Bayou; then to Greens Bayou Tidal; then to the Houston Ship Channel Tidal in Segment No. 1006 of the San Jacinto River Basin. (Jason Haas, Zdenek Matl).
Approve authorization to construct, RM/RH. All Agree
Item 56. Docket No. 2002-1296-MWD. Consideration of a request by Sunbelt Fresh Water Supply District (District) for an Order authorizing commencement of construction of the proposed expansion to its wastewater treatment facility pursuant to sections 26.019 and 26.027 (c) of the Tex. Water Code. The District has applied to amend Texas Pollutant Discharge Elimination System Permit No. 11791-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 500,000 gallons per day to an annual average flow not to exceed 1,225,000 gallons per day. The District has requested an Authorization to Construct before the issuance of its permit in order to comply with the provisions of an agreed order to improve its facilities. If the authorization is not granted, water quality of the receiving segment may be impaired if equipment fails and additional enforcement action may result. The Fairgreen Wastewater Treatment Facility is located approximately 1.3 miles west of Highway 59, on the south side of Greens Bayou in Harris County, Texas. The discharge route is from the plant site to Greens Bayou Above Tidal, Segment 1016. (Jason Haas, Phillip Urbany).
Approve authorization to construct, RM/RH. All Agree


AGENDA

Wednesday, November 20, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 1. TCEQ Docket No. 2002-0435-UCR; SOAH Docket No. 582-02-2916. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning a denial-of-water complaint by the City of El Paso in El Paso County against El Paso County Water Improvement District No. 1 pursuant to Texas Water Code 11.036 - 11.041, and the City of El Paso's request for a rate-review proceeding pursuant to Texas Water Code 12.013.
Adopt Administrative Law Judge's Proposal for Decision and Order, KW/RM. Huston voted no.