AGENDA

Wednesday, February 5, 2003

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, February 5, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item carried forward from Agenda of January 23, 2003.
Item 1. Docket No. 2001-0575-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Marathon Ashland Petroleum, LLC in Galveston County; TCEQ Air Account No. GB-0055-R; 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. (Lisa Uselton Dyar, Elvia Maske)
Issue agreed order, RH/RM. Commissioner White voted no


AGENDA

Wednesday, February 5, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

HEARING REQUEST
Item 1. Docket No. 2002-1377-UIC. Consideration of applications by Cooper Natural Resources for new permits for the Lost Draw Mine and Mound Lake Mine sites. The proposed permit numbers are SS50710 and SS50711. The Lost Draw Mine is in Terry County approximately 10 miles southeast of the City of Brownfield. The Mound Lake Mine is in Terry and Lynn Counties approximately 10 miles northeast of the City of Brownfield. The permits would allow injection into specified zones for the purpose of sodium sulfate production. The production zone is the Tahoka and Duck Creek formations. Typically, the injection wells are 50 feet deep and the production wells are 100 feet deep. The Commission will consider the application and the hearing request filed on the applications. (Robert Brush/John Santos)
Deny hearing request and adopt Executive Director's Response to comments, Issue the Permit, RH/RM. All Agree
EMERGENCY ORDER (MODIFY, AFFIRM OR SET ASIDE)
Item 2. Docket No. 2002-1383-UCR. Consideration of whether to affirm, modify, or set aside the Emergency Rate Order issued by the Executive Director, without a hearing, on December 16, 2002 approving the application by Bret Fenner, as temporary manager for Walter F. Duvall doing business as Plaza Water Utility, for emergency water and sewer rate increases. The order was issued pursuant to Sections 5.508 and 13.4133, Texas Water Code, and 30 Texas Administrative Code Section 35.202. The utility serves approximately 159 connections in Bell County, Texas. The Emergency Rate Order authorized a rate increase for residential water meters from a monthly minimum rate of $16.00 per connection to a monthly minimum rate of $33.38 per connection and $1.80 per 1,000 gallons of water used, and sewer from a flat monthly rate of $16.00 per connection to $39.13 per connection and associated fees, effective December 16, 2002 for a period of 15 months or until a final rate is set, whichever occurs sooner. The application states that the rate increase is necessary to ensure the provision of continuous and adequate services to the utility's customers. (Kristen Huff/Elsie Pascua)
Continued to February 20, 2003
AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 3. Docket No. 2001-1093-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hidde Osinga dba Hidde Osinga Dairy in Comanche County; Permit No. WQ0004125-000; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Kimberly McGuire, John Mead)
Issue agreed order, RH/RM. All Agree
AGRICULTURAL ENFORCEMENT DEFAULT ORDER
Item 4. Docket No. 2001-0412-AGR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Calvin Pareo dba Pareo Dairy in Comanche County; TCEQ Water Quality Permit No. 04146-000; 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. (Jim Biggins, Lisa Lemanczyk)
Continued to March 5, 2003, RM/KW. All Agree
AIR ENFORCEMENT AGREED ORDERS
Item 5. Docket No. 2002-0808-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of BASF FINA Petrochemicals Limited Partnership in Jefferson County; Air Account No. JE-0843-F, Air Permit No. 36644/PSD-TX-903; 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, John Mead)
Issue agreed order, RH/RM. All Agree
Item 6. Docket No. 2002-0659-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Brothers Materials, Ltd. in Webb County; Air Account No. 95-0261-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. (Thomas Greimel, John Mead)
Issue agreed order, RH/RM. All Agree
Item 7. Docket No. 2002-0386-AIR-E. Consideration of an Agreed Order assessing administrative penalties against National Rail Car Inc. in Nolan County; Air Account No. ND-0035-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. (George Ortiz, John Mead)
Issue agreed order, RH/RM. All Agree
Item 8. Docket No. 2002-0177-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Archer Daniels Midland Co. dba Southern Cotton Oil Company in Nolan County; Air Account No. ND-0026-L and Air Permit No. O-01114; 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. (George Ortiz, John Mead)
Issue agreed order, RH/RM. All Agree
Item 9. Docket No. 2002-0787-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Site Concrete, Incorporated in Dallas County; Air Account No. 92-2218-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. (Jorge Ibarra, P.E., John Mead)
Issue agreed order, RH/RM. All Agree
Item 10. Docket No. 2002-0865-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Johns Manville in Johnson County; Air Account No. JH-0025-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. (Jorge Ibarra, John Mead)
Issue agreed order, RH/RM. All Agree
Item 11. Docket No. 1999-1563-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Las Palmas Veterinary Hospital, Inc. in Brooks County; TCEQ Permit No. None; for air quality and waste violations pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety Code, and the Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, 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
EDWARDS AQUIFER ENFORCEMENT AGREED ORDER
Item 12. Docket No. 2002-0702-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against Pebble Creek Joint Venture in Williamson County; Edwards Aquifer Protection Program File Nos. 01121401 and 01121402; 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, John Mead)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS
Item 13. Docket No. 2002-0579-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of CR/PL, L.L.C. in Robertson County; TCEQ Unauthorized Site No. F0830; 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. (Thomas Greimel, John Mead)
Issue agreed order, RH/RM. All Agree
Item 14. Docket No. 2002-0689-IHW-E. Consideration of an Agreed Order assessing administrative penalties against The Dow Chemical Company in Brazoria County; Solid Waste Registration No. 30106; 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. (Catherine Sherman, John Mead)
Issue agreed order, RH/RM. All Agree
Item 15. Docket No. 2001-1232-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Synergistic Environmental Systems, Inc. in Bexar County; Solid Waste Registration No. 78144; for industrial & hazardous 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. (Sushil Modak, John Mead)
Issue agreed order, RH/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER
Item 16. Docket No. 2001-1530-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of C.W. Guthrie in Eastland County; MSW Unauthorized Site No. 455030070; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Commission on Environmental Quality. (Alfred Okpohworho, Lisa Lemanczyk)
Reposted as 55
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 17. Docket No. 2001-1343-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Quinlan in Hunt County; Texas Pollutant Discharge Elimination System Permit No. 13725-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Cheryl Thompson, John Mead)
Issue agreed order, RH/RM. All Agree
Item 18. Docket No. 2002-0699-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas A & M University System in Nueces County; Texas Pollutant Discharge Elimination System Permit No. 0011345-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Audra Baumgartner, John Mead)
Item remanded to Executive Director
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 19. Docket No. 2002-0617-PST-E. Consideration of an Agreed Order assessing administrative penalties against Cloud Construction Company, Inc. in Bell County; Petroleum Storage Tank Facility ID No. 18122; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Carl Schnitz, John Mead)
Issue agreed order, RH/RM. All Agree
Item 20. Docket No. 2002-0534-PST-E. Consideration of an Agreed Order assessing administrative penalties against Dameron Oil Co. in McLennan 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. (Sarah Slocum, John Mead)
Issue agreed order, RH/RM. All Agree
Item 21. Docket No. 2002-0368-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Von's Establishment Inc. dba Dazzy's Mini Market in Tarrant County; Petroleum Storage Tank Facility ID No. 0045149; 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, John Mead)
Issue agreed order, RH/RM. All Agree
Item 22. Docket No. 2002-0396-PST-E. Consideration of an Agreed Order assessing administrative penalties against Imperial Sugar Company in Fort Bend County; Petroleum Storage Tank Facility ID No. 0009901; 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, John Mead)
Issue agreed order, RH/RM. All Agree
Item 23. Docket No. 2002-0729-PST-E. Consideration of an Agreed Order assessing administrative penalties against the Texas Department of Public Safety in Dawson County; Petroleum Storage Tank Facility ID No. 0004751; 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, John Mead)
Issue agreed order, RH/RM. All Agree
Item 24. Docket No. 2001-1471-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of New Wal-Tex Corporation dba Rendon Chevron in Tarrant County; Petroleum Storage Tank Facility ID No. 0036562; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (David Van Soest, John Mead)
Issue agreed order, RH/RM. All Agree
Item 25. Docket No. 2002-0707-PST-E. Consideration of an Agreed Order assessing administrative penalties against Minyard Food Stores, Inc. in Dallas County; Petroleum Storage Tank Facility ID No. 0041630; 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, John Mead)
Issue agreed order, RH/RM. All Agree
Item 26. Docket No. 2002-0506-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of McAllen Hospitals, L.P. dba McAllen Heart Hospital in Hidalgo County; Petroleum Storage Tank Facility No. 67200; 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, John Mead)
Issue agreed order, RH/RM. All Agree
Item 27. Docket No. 2002-0817-PST-E. Consideration of an Agreed Order assessing administrative penalties against Little Nutt Oil Co. in Shelby 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. (John Barry, John Mead)
Issue agreed order, RH/RM. All Agree
Item 28. Docket No. 2002-0822-PST-E. Consideration of an Agreed Order assessing administrative penalties against Lambert Oil Company, Inc. in Comanche 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 Easley, John Mead)
Issue agreed order, RH/RM. All Agree
Item 29. Docket No. 2002-0601-PST-E. Consideration of an Agreed Order assessing administrative penalties against Hydro-Walk Energy, Inc. in Nacogdoches 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. (John Barry, John Mead)
Issue agreed order, RH/RM. All Agree
Item 30. Docket No. 2002-0180-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of George West Truck Stop, Inc. in Live Oak County; Petroleum Storage Tank Facility ID No. 12038; 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, John Mead)
Issue agreed order, RH/RM. All Agree
Item 31. Docket No. 2000-0131-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of F.J. Baba dba Baba Boys Grocery in Harris County; TCEQ PST ID No. 0031710; 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 32. Docket No. 2002-0053-PST-E. Consideration of an Agreed Order assessing administrative penalties against Eddy Quiroga dba Quiroga Trucking in Galveston County, Fort Bend County and Harris County; TCEQ PST 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. (Shannon Strong, Lisa Lemanczyk)
Issue agreed order, RH/RM. All Agree
Item 33. Docket No. 2002-0522-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Azman Incorporated dba Shoppers Mart 1 in Harris County; TCEQ PST ID No. 25209; for petroleum storage tank violations pursuant to ch. 382 of the Tex. Health & Safety Code, chs. 7 and 26 of the Tex. Water Code, and the rules of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro, Lisa Lemanczyk)
Issue agreed order, RH/RM. All Agree
Item 34. Docket No. 2002-0349-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ajith Senaratne dba Quick Pick in Parker County; TCEQ PST ID No. 0046655; 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. (David Speaker, Lisa Lemanczyk)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS
Item 35. Docket No. 2001-1487-PST-E. Consideration of a Default Order assessing administrative penalties against Patriot Petroleum, Inc. in Bexar County; TCEQ PST 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. (Rebecca Nash Petty, Lisa Lemanczyk)
Continued to February 20, 2003, RH/RM. All Agree
Item 36. Docket No. 2001-1197-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Erin Elaine Henderson dba Hollywood Corner in Brown County; TCEQ PST Facility ID No. 0069334; 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, Lisa Lemanczyk )
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 37. Docket No. 2002-0592-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Brotherton Water Supply Corporation in Fannin County; Public Water Supply No. 0740020; 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, John Mead)
Issue agreed order, RH/RM. All Agree
Item 38. Docket No. 2002-0369-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Delia Luke dba Chaparral RV Park in Burnet County; Public Water Supply No. 0270084; 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, John Mead)
Issue agreed order, RH/RM. All Agree
Item 39. Docket No. 2002-0577-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Ladonia in Fannin County; Public Water Supply ID No. 0740004; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Cheryl Thompson, John Mead)
Issue agreed order, RH/RM. All Agree
Item 40. Docket No. 2002-0732-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Garansuay Group, Inc. in Kerr County; Public Water Supply ID No. 1330150; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Rebecca Clausewitz, John Mead)
Issue agreed order, RH/RM. All Agree
Item 41. Docket No. 2002-0277-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of East Rio Hondo Water Supply Corporation in Cameron County; Public Water Supply No. 0310096; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Jaime Garza, John Mead)
Issue agreed order, RH/RM. All Agree
Item 42. Docket No. 2002-0032-PWS-E. Consideration of an Agreed Order assessing administrative penalties against and requiring certain actions of Fair Road Properties, Inc., dba Light Ranch Estates in Denton County; TCEQ PWS No. 0610226; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code, ch. 13 of the Texas Water Code, and the rules of the Texas Commission on Environmental Quality. (Robin Chapman)
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SYSTEM DEFAULT ORDERS
Item 43. Docket No. 2001-1042-PWS-E. Consideration of a Default Order assessing administrative penalties against and requiring certain actions of Joycie Longmiles dba Yellow Rose Tavern in Brazoria County; PWS No. 0200579; 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, Lisa Lemanczyk)
Issue default order, RH/RM. All Agree
Item 44. Docket No. 2002-0676-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Rod Walston dba Rose Hill Ranchettes Mobile Home Subdivision in Harris County; TCEQ PWS ID No. 1011923; CCN No. 11955; 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. (Robin Chapman, Lisa Lemanczyk)
Issue default order, RH/RM. All Agree
Item 45. Docket No. 2001-0473-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Greenwood Place Civic Club, Inc., in Harris County; TCEQ PWS No: 1010710; CCN No. 12544; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code, Chapter 13 of the Texas Water Code, and the rules of the Texas Commission on Environmental Quality. (David Speaker, Lisa Lemanczyk)
Issue default order, RH/RM. All Agree
RULE MATTERS
Item 46. Docket No. 2003-0044-RUL. Consideration of a petition for rulemaking filed by the Barton Springs Edwards Aquifer Conservation District requesting a rulemaking to revise the official maps incorporated by reference under 30 TAC Chapter 213, Edwards Aquifer, Section 213.3(26), to amend the recharge zone boundaries based on new geologic information. Chapter 213 requirements regarding regulated activities in the recharge zone would apply in any areas added to the recharge zone. (Steve Musick, Snehal R. Patel, Jill Burditt) (Rule Log No. 2003-019-PET-WT)
Grant Petition and directed staff to go forward with rule making, RH/KW. All Agree
Item 47. Docket No. 2002-1104-RUL. Consideration of the adoption of the following new and amended sections of 30 TAC Chapter 330, Municipal Solid Waste:
Amendment: Section 330.4, Permit Required
New: Section 330.75, Animal Crematory Facility Design and Operational Requirements for Permitting by Rule
The adoption would correct citation errors in Section 330.4(h), would clarify in Section 330.4(z) that a permit by rule can apply in place of a permit for certain animal crematory facilities, and would clarify in Section 330.4(aa) that municipal solid waste (MSW) authorizations are not needed for pet cemeteries. The adoption would also specify in Section 330.75 the conditions under which animal crematories may operate to qualify for an MSW permit by rule and provide the requirements for such operations. The rulemaking does not affect the requirements for air permits for animal crematories. The proposed rules were published in the October 18, 2002 issue of the Texas Register (27 TexReg 9695). (Wayne Lee, Stephen Shepherd, Joseph Thomas) (Rule Log No. 2002-048-330-WS)
Reposted as Item 54
Item 48. Docket No. 2003-0037-RUL. Consideration of a petition for rulemaking filed by the City of Houston requesting that the commission amend 30 TAC Section 330.4(q), Permit Required.
The petitioner requests that the commission revise the rule to state that a permit is not required for any municipal solid waste Type V transfer station that is owned by a local government that operates a source-separated recycling program or, as provided by the existing rule, includes a material recovery operation that meets all of the requirements established by Section 330.4(q). (Wayne Lee, Angela Stepherson, Ray Austin) (Rule Log No. 2003-018-PET-WS)
Initiate Rulemaking, RM/RH. All Agree
STATE IMPLEMENTATION PLAN
Item 49. Docket No. 2002-1236-SIP. Consideration for the adoption of revisions to the state implementation plan (SIP) concerning the limited maintenance plan for the Victoria County ozone attainment area. This SIP adoption contains current monitoring data along with an updated emissions inventory and is reformatted to conform to the current SIP style used by the commission. A public hearing notice of this proposed SIP revision was published in the November 22, 2002 issue of the Texas Register (27 TexReg 10973). (Kelly Keel, Alan Henderson) (Rule Log Number 2002-047-SIP-AI)
Adopt State Implementation Plans as submitted for Victoria County, 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.
Commission met in Executive Session, 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.
Commission met in Executive Session, 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.
Commission met in Executive Session, no action taken
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ADDENDUM TO AGENDA

Wednesday, February 5, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 53. Docket No. 2001-0688-MLM-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on November 19, 2002 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code 5.501(c)(1), 5.507, and 13.4132 to address the abandonment of a retail public utility (Utility) by Walter F. Duvall dba Plaza Water Utility, at Plaza Trailer Park located at the intersection of East Avenue H and Mesquite in Nolanville, in Bell County; TCEQ PWS No. 0140167; to ensure continued operation of the Utility; and to provide continuous and adequate service to customers. The Emergency Order appointed Bret Fenner as temporary manager of the Utility. (Gitanjali Yadav)
Approve order modifying the emergency order, RH/KW. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, February 5, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 54. Docket No. 2002-1104-RUL. Consideration of the adoption of the following new and amended sections of 30 TAC Chapter 330, Municipal Solid Waste:
Amendment: Section 330.4, Permit Required
New: Section 330.75, Animal Crematory Facility Design and Operational Requirements for Permitting by Rule
The adoption would specify in Section 330.4(c) that the exemption from separate permitting for processing certain liquid wastes only applies to Type I municipal solid waste (MSW) landfill facilities, would correct citation errors in Section 330.4(h), would state in Section 330.4(z) that an MSW permit by rule can apply in place of an MSW permit for certain animal crematory facilities, and would state in Section 330.4(aa) that MSW authorizations are not needed for pet cemeteries. The adoption would also specify in Section 330.75 the conditions under which animal crematories may operate to qualify for an MSW permit by rule and provide the requirements for such operations. The rulemaking does not affect the requirements for air permits for animal crematories. The proposed rules were published in the October 18, 2002 issue of the Texas Register (27 TexReg 9695). (Wayne Lee, Stephen Shepherd, Joseph Thomas) (Rule Log No. 2002-048-330-WS)
Approve adoption of new and amended sections of 30 TAC Chapter 330, RM/RH. All Agree


THIRD ADDENDUM TO AGENDA

Wednesday, February 5, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 55. Docket No. 2001-1530-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of C.W. Guthrie in Eastland County; MSW Unauthorized Site No. 455030070; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, chs. 7 and 26 of the Tex. Water Code, and the rules of the Texas Commission on Environmental Quality. (Alfred Okpohworho, Lisa Lemanczyk)
Issue default order, RH/RM. All Agree


AGENDA

Wednesday, February 5, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 1. TCEQ Docket Nos. 2001-0697-UCR & 2001-0951-UCR; SOAH Docket No. 582-01-3633. Consideration of the Administrative Law Judge's proposal for decision and order in reference to the application of the City of Bulverde to Obtain a Water Certificate of Convenience and Necessity (Application No. 33194-C) and the application of Bexar Metropolitan Water District to amend is Water Certificate and Convenience and Necessity No. 10678 (Application No. 33309-C). This facility is located in Kendall and Bexar County, Texas.
Reposted as Item #5
Item 2. TCEQ Docket No. 2000-0466-AGR-E; SOAH Docket No. 582-02-0709. Consideration of the Administrative Law Judge's proposal for decision and order regarding the alleged allegations that the respondent, B & S Cattle Feeders L.L.C., confined an excessive number of animals with a concentrated animal feeding operation (CAF0) permit, and that it failed to properly dispose of dead animals. This facility is located in Hopkins County, Texas.
Remanded and set for March 19, 2003
Item 3. Docket No. 2002-1376-AIR. Consideration of the Motion for Reconsideration, Motion for Rehearing, and Motion to Overturn Executive Director's Decision approving Continental Carbon Company's permit renewal application for Air Quality Permit No. 9949, which was filed on December 9, 2002 in the Office of Chief Clerk by Paper, Allied-Industrial, Chemical and Energy Workers International Union (PACE) and PACE Local 4-487. The permit, which was issued by the Executive Director on November 15, 2002, as Permit No. 9449 and PSD-TX-463, authorizes the continued operation of a Carbon Black Manufacturing Plant in Sunray, Moore County.
Grant Motion to Overturn, set aside the renewed permit, and remand the permit renewal application to Executive Director in light of error in published notice of the renewal application, RM/KW. All Agree
Item 4. TCEQ Docket No. 2002-0435-UCR; SOAH Docket No. 582-02-2916. Motion for Rehearing filed by the City of El Paso regarding the TCEQ's Order Dismissing the Complaint by the City of El Paso Under Texas Water Code 11.041 for Denial of Water and for Review of Wholesale Water Rates Under Texas Water Code 11.036-11.041 and 12.013.
Grant the motion for rehearing, only as it relates to the City's denial-of-water complaint, and refer to the State Office of Administrative Hearings the matter of whether there is excess, uncommitted water available, and, if so, what is the reasonable rate for that water; and affirm the originally issued order as it relates to the 2001 contract between the City and the District, RM/RH. Commissioner White voted No.


ADDENDUM TO AGENDA

Wednesday, February 5, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 5. TCEQ Docket Nos. 2001-0697-UCR & 2001-0951-UCR; SOAH Docket No. 582-01-3633. Consideration of the Administrative Law Judge's proposal for decision and order in reference to the application of the City of Bulverde to obtain a water certificate of convenience and necessity (Application No. 33194-C) and the application of Bexar Metropolitan Water District to amend its water certificate and necessity No. 10678 (Application No. 33309-C). This area is located in Comal County, Texas.
Grant the application by the City of Bulverde to obtain a water CCN, deny Bexar Metropolitan Water District its application to amend its water CCN, and direct the General Counsel to Modify the Judge's order to reflect the recommendation, RH/RM. All Agree