AGENDA

Wednesday, December 4, 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 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


OLD BUSINESS AGENDA

Wednesday, December 4, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item continued from October 23, 2002 and November 6, 2002 agendas
Item 1. Docket No. 2002-0703-UCR. Consideration of an application by Gunter 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 132.4 square miles of territory located in Collin and Grayson Counties, Texas. The Commission will also consider hearing requests and related responses and replies. Internal Control No. 11052001-D03 (John Deering/Fred Radloff)
Grant hearing request of the City of Gunter, with referral to Alternative Dispute Resolution for 4 to 6 weeks, if mediation fails forward to State Office of Administrative Hearings, with instructions to the Administrative Law Judge, RH/KW. All Agree
Item continued from November 6, 2002 agenda.
Item 2. Docket No. 2002-0401-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harlingen Consolidated Independent School District in Cameron County; Petroleum Storage Tank Facility No. 54006; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Sandra Hernandez Alanis, Kent Heath)
Remanded to Executive Director
Item continued from November 20, 2002 agenda
Item 3. 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)
Remanded to Executive Director


AGENDA

Wednesday, December 4, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY<

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

AGRICULTURAL ENFORCEMENT DEFAULT ORDER
Item 1. Docket No. 2001-1522-AGR-E. Consideration of a Default Order assessing administrative penalties against Bauke Mulder dba B & A Dairy in Hamilton County; TCEQ Water Quality Permit No. 04108; 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. (Alfred Okpohworho, Rich O'Connell )
Issue default order, RH/RM. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 2. Docket No. 2002-0303-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Containment Solutions, Inc. in Montgomery County; Air Account No. MQ-0014-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. (Catherine Albrecht, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 3. Docket No. 2002-0717-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Guardian Industries Corporation in Navarro County; Air Account No. NB-0014-R; 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, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 4. Docket No. 2002-0623-AIR-E. Consideration of an Agreed Order assessing administrative penalties against HEC Petroleum, Incorporated in Chambers County; Air Account No. CI-0100-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. (Sheila Smith, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 5. Docket No. 2002-0470-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Global Octanes Texas, L.P. in Harris County; Air Account No. HG-3604-D; 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, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 6. Docket No. 2001-0496-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Jim Stinnett in El Paso County; TCEQ Air Account EE-0812-T for air quality violations pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Commission on Environmental Quality. (Robert Hernandez, Rich O'Connell)
Issue agreed order, RH/RM. All Agree
Item 7. Docket No. 2002-0477-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Tandem Energy Corporation in Harris County; Air Account No. HG-0230-U; 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, Tom Jecha)
Issue agreed order, RH/RM. All Agree
EDWARDS AQUIFER ENFORCEMENT AGREED ORDER
Item 8. Docket No. 2002-0432-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against Bryan Jamail in Travis County; Edwards Aquifer Protection Program No. 01081702; 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, Tom Jecha)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 9. Docket No. 2002-0433-IHW-E. Consideration of an Agreed Order requiring certain actions of Williams Terminals Holdings, L.P. in Harris County; TCEQ SWR ID No. 31386; for solid waste and water quality 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. (Rich O'Connell)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 10. Docket No. 2002-0420-IWD-E. Consideration of an Agreed Order assessing administrative penalties against VF Jeanswear, LP in El Paso County; Environmental Protection Agency ID No. TX0001010859; 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, Tom Jecha)
Issue agreed order, RH/RM. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDER
Item 11. Docket No. 2002-0427-MLM-E. Consideration of an Agreed Order assessing administrative penalties against Kendall County in Kendall County; Petroleum Storage Tank Facility ID No. 43190; for petroleum storage tank and municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 371, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (Rebecca Clausewitz, Tom Jecha)
Issue agreed order, RH/RM. All Agree
MUNICIPAL WASTE ENFORCEMENT AGREED ORDERS
Item 12. Docket No. 2001-1470-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cargill, Incorporated in Harris County; Texas Pollutant Discharge Elimination System Permit No. 12231-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Pamela Campbell, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 13. Docket No. 2001-1552-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Krum in Denton County; Texas Pollutant Discharge Elimination System Permit No. 10729-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Wendy Cooper, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 14. Docket No. 2001-1118-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Georgetown in Williamson County; Texas Pollutant Discharge Elimination System Permit No. 10489-002; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Bradley Brock, Tom Jecha)
Issue agreed order, RH/RM. All Agree
ON SITE FACILITY INSTALLERS ENFORCEMENT ORDER
Item 15. Docket No. 2001-1554-OSI-E. Consideration of an Agreed Order assessing administrative penalties against David W. Black in Taylor County; On-Site Sewage Facility Installer No. OS3798; for 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. (Laurie Eaves, Tom Jecha)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 16. Docket No. 2002-0212-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ANA, Inc. dba C & M Grocery in Brazoria County; Petroleum Storage Tank Facility ID No. 0057253; 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, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 17. Docket No. 2002-0076-PST-E. Consideration of an Agreed Order assessing administrative penalties against Kirby & Kirby Oil Company, Inc. in Smith 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. (Carolyn Lind, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 18. Docket No. 2002-0007-PST-E. Consideration of an Agreed Order assessing administrative penalties against Dan Griffin dba Griffin Oil Company in Schleicher 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. (Mark Newman, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 19. Docket No. 2002-0132-PST-E. Consideration of an Agreed Order assessing administrative penalties against Gonzalez Health-Care Systems, Inc. dba Memorial Hospital in Gonzales County; Petroleum Storage Tank Facility ID No. 66529; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Edward R. Moderow, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 20. Docket No. 2002-0317-PST-E. Consideration of an Agreed Order assessing administrative penalties against Andrews Transport, 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, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 21. Docket No. 2002-0275-PST-E. Consideration of an Agreed Order assessing administrative penalties against Kirby G. Black dba Western Hills Mini Mart in Nacogdoches County; Petroleum Storage Tank Facility No. 0053898; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (John Barry, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 22. Docket No. 2001-1305-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of One Genesis, Inc. dba Lucky Way Food Store in Harris County; Petroleum Storage Tank Facility ID No. 0035680; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Catherine Albrecht, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 23. Docket No. 2002-0439-PST-E. Consideration of an Agreed Order assessing administrative penalties against Ki Won Nam dba KJ Shell in Collin County; Petroleum Storage Tank Facility ID No. 51502; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Sandy VanCleave, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 24. Docket No. 2002-0512-PST-E. Consideration of an Agreed Order assessing administrative penalties against Gantt Aviation Inc. in Williamson County; Petroleum Storage Tank Facility ID No. 0014026; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (A. Sunday Udoetok, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 25. Docket No. 2002-0194-PST-E. Consideration of an Agreed Order assessing administrative penalties against Schmidt & Sons, Inc., in Gonzales 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. ( Robin Chapman, Rich O'Connell )
Issue agreed order, RH/RM. All Agree
Item 26. Docket No. 2002-0370-PST-E. Consideration of an Agreed Order assessing administrative penalties against Chang Yong Im dba Times Market #11 in Nueces County; Petroleum Storage Tank Facility ID No. 18034; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Edward R. Moderow, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 27. Docket No. 2002-0244-PST-E. Consideration of an Agreed Order assessing administrative penalties against Roy and Mary Apperson dba Roy and Mary's Grocery and Debra Wilburn in Orange County; Petroleum Storage Tank Facility No. 0008053; for petroleum storage tank violations pursuant to 30 Tex. Admin. Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Susan Kelly, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 28. Docket No. 2001-1452-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Glamour Food Mart, Inc. dba Texas Wawa Food Mart in Harris County; Petroleum Storage Tank Facility ID No. 0028584; 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 A. Johnson, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 29. Docket No. 2002-0509-PST-E. Consideration of an Agreed Order assessing administrative penalties against Patsy Tobias dba Kwik Stop in Falls County; Petroleum Storage Tank Facility ID No. 48402; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (John Schildwachter, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 30. Docket No. 2002-0658-PST-E. Consideration of an Agreed Order assessing administrative penalties against E-Z International Inc. dba E-Z Mart #6 in Montgomery County; Petroleum Storage Tank Facility ID No. 0038845; 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 Johnson, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 31. Docket No. 2002-0422-PST-E. Consideration of an Agreed Order assessing administrative penalties against C & R Distributing, Inc. in El Paso 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. (Kevin Smith, Tom Jecha)
Remanded to Executive Director, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER
Item 32. Docket No. 2001-1325-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Eftakhar Khan dba Papa Joe's Food Mart & Deli in Trinity County; TCEQ PST ID No. 0056697; 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, Rich O'Connell)
Issue default order, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 33. Docket No. 2001-1438-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of George Foley, Sr. dba Lakeline Acres Water Supply in Bosque County; Public Water Supply ID No. 0180025; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Frank Burleson, Tom Jecha)
Issue agreed order, RH/RM. All Agree
Item 34. Docket No. 2001-0837-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Virginia Franklin-Mower dba Franklin Estates South in Lubbock County; Public Water Supply ID No. 1520080; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Gary Shipp, Tom Jecha)
Issue agreed order, RH/RM. All Agree
SLUDGE ENFORCEMENT AGREED ORDER
Item 35. Docket No. 2002-0078-SLG-E. Consideration of an Agreed Order assessing administrative penalties against Wallace R. Layne dba Layne Septic Service in Smith County; Sludge Transporter Registration No. 20612; for water quality violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (Carolyn Lind, Tom Jecha)
Remanded to Executive Director, remanded by Office General Counsel
EMERGENCY ORDER (MODIFY, AFFIRM, OR SET ASIDE)
Item 36. Docket No. 2001-0688-MLM-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on November 18, 2002 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code ch. 5.501(c)(1) to address the abandonment of a retail public utility (Facility) by Walter F. Duvall dba Plaza Water Utility, in Bell County; to ensure continued operation of the Facility; and to provide continuous and adequate service to customers. The Emergency Order appointed Bret Fenner as temporary manager of the Facility. (Gitanjali Yadav)
Remanded to Executive Director
MISCELLANEOUS
Item 37. Docket No. 2002-1275-MIS. Consideration of gifts and donations of $500.00 or more in value given to the TCEQ, submitted for approval in accordance with Chapter 575 of the Government Code, concerning acceptance of gifts by certain state agencies. [Elizabeth West]
Approve staff recommendations as reflected in the adopted Resolution including Exhibit A, which contains the names of the donors and descriptions and statements of the purposes of the gifts and which is attached to and incorporated in these minutes, RH/KW. All Agree
RULE MATTERS
Item 38. Docket No. 2002-0727-RUL. Consideration for adoption of the following amended and new sections of 30 TAC Chapter 39, Public Notice; and Chapter 331, Underground Injection Control:
Amended:
Section 39.403 Applicability
Section 331.2 Definitions
Section 331.5 Prevention of Pollution
Section 331.7 Permit Required
Section 331.47 Pond Lining
Section 331.121 Class I Wells
Section 331.163 Well Construction Standards
New:
Section 331.17 Pre-Injection Units Registration
Section 331.18 Registration Application, Processing, Notice, Comment, Motion to Overturn
The adoption would provide underground injection control standards and requirements for permitted and registered pre-injection units associated with Class I nonhazardous, noncommercial injection wells. The adoption includes a new registration process and application, processing, notice, comment, and other procedural requirements. The proposed Chapter 39 rule was published in the September 6, 2002 issue of the Texas Register (27 TexReg 8411), and the proposed Chapter 331 rules were published in the July 12, 2002 issue of the Texas Register (27 TexReg 6227). (Devane Clarke, Richard Egan, Ray Austin) (Rule Log No. 2000-055-331-WS)
Continued to December 18, 2002
Item 39. Docket No. 2002-1086-RUL. Consideration for adoption of amended Section 114.50 of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; corresponding revisions to the Texas Inspection and Maintenance (I/M) State Implementation Plan (SIP); and discussion of related items.
These amendments to Chapter 114 and corresponding revisions to the Texas I/M SIP would revise the El Paso I/M program to convert on-board diagnostic testing from a requirement beginning January 1, 2003 to a contingency measure of the El Paso ozone SIP in support of the maintenance of the national ambient air quality standards. The proposed rules were published in the September 27, 2002 issue of the Texas Register (27 TexReg 9101). (Bob Wierzowiecki, Kerri Rowland, Alan Henderson) (Rule Log Number 2002-068-114-AI)
Approve adoption of amended sections 114.50 of 30 TAC Chapter 114, and corresponding SIP revision, RM/RH. All Agree
EXECUTIVE SESSION
Item 40. 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 41. 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 42. 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


AGENDA

Wednesday, December 4, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 1. TCEQ Docket No. 2002-0232-UCR; SOAH Docket No. 582-02-3110. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding a complaint from North Collin Water Supply Corporation (Certificate of Convenience and Necessity (CCN) No. 11035) that the City of Melissa (CCN No. 11482) is illegally interfering with North Collin Water Supply Corporation's retail water certificated area in Collin County.
Adopt Administrative Law Judge's Proposal for Decision and Order, with corrections as recommended by the Administrative Law Judge and after deleting findings that suggest or state that TWC Section 13.242 amendments trump TWC Section 13.255 provisions, RH/RM. All Agree