AGENDA

Thursday, February 20, 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.
Commissioners 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.
Commissioners 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.
Commissioners did not meet in closed session


OLD BUSINESS AGENDA

Thursday, February 20, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Continued from February 5, 2003 agenda.
Item 1. 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 March 5, 2003, RH/KW. All Agree
Continued from February 5, 2003 agenda
Item 2. 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)
Issue default order, RM/RH. All Agree


AGENDA

Thursday, February 20, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

HEARING REQUESTS
Item 1. Docket No. 2002-1381-MSW. Consideration of an application by Panama Road Landfill, TX, L.P. for a permit for a Type I municipal solid waste landfill facility. This is a bifurcated application, which requires the Commission to make a separate determination on land use compatibility only at this time. The facility is located approximately 4.5 miles east of the City of Gordon and approximately 4.0 mile southwest of Santo on Interstate Highway No. 20 in Palo Pinto County, Texas. The Commission will also consider hearing requests and related responses and replies. (Kristin Huff, Mike Graeber)
Continued to March 5, 2003
Item 2. Docket No. 2002-1378-MWD. Consideration of permit application No. 14257-001 submitted by Lake Travis II Investments, Ltd. for a new permit (Proposed Permit No. 14257-001), to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 96,000 gallons per day via subsurface drip irrigation of public access common grounds that total 22.03 acres of turf grass or other ground cover. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 0.8 miles west of Mansfield Dam and 0.5 miles south of Ranch Road 620 in Travis County, Texas. The Commission will also consider hearing requests and requests for reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Michael Hughes, Mary Ann Airey).
Grant hearing requests of Apache Shores Property Owners Assn; Highland Club Village Neighborhood Assn; Travis County WCID No. 17; Windmill Bluff Estates Homeowners Assn; Ann Barnett; Bruce & Gina Cook; Priscilla Hopkins; Jerry & Mary Lauderdale and Janet Stockard and send to State Office Administrative Hearings, these hearing requesters and the issues of whether the proposed facility will adversely impact surface water or groundwater, including drinking water and runoff issues; whether the proposed facility will have emergency provisions to prevent the discharge of improperly treated waste; whether the application is contrary to the policy of promoting regionalization of wastewater service; whether the proposed permit should be denied under TWC Section 26.0282 based on need, including the availabillity of existing or proposed areawide or regional waste collection, treatment, and disposal systems; whether the proposed facility will produce nuisance odors, including whether an adequate buffer zone is proposed; whether the proposed permit is protective of the health and safety of nearby residents; whether the proposed permit will protect the use and enjoyment of property of nearby residents; whether the applicant has complied with applicable notice requirements; whether applicant's compliance history warrants permit denial; whether the sludge management practices proposed at the site are protective of the environment; whether the proposed permit will comply with siting requirements found in 30 TAC 309.12 and whether a bond is necessary to ensure the safe operation and possible closure of the facility, and the duration of the hearing will be 6 months from preliminary hearing to PFD issuance with a referral to ADR for 4 to 6 weeks. The Commission denies the remaining hearing requests and issues and denies all requests for reconsideration, RH/RM. All Agree
DISTRICT MATTER
Item 3. Docket No. 2002-1116-DIS. Consideration of an application of Ann Parks Stallings, Sloan B. Blair, Debra Marfin and Virginia McClintock, as co-independent executors of the estate of Fred Parks, deceased, landowners (Petitioners), for dissolution of Harris County Municipal Utility District No. 85 (District). The Petitioners request that the Commission dissolve the District pursuant to Texas Water Code, Sections 49.321 to 49.327. (TCEQ Internal Control No. 08192002-D05: Rob Cummins, Todd Burkey)
Grant petitioners requests to dissolve the district, RH/KW. Agree
EMERGENCY ORDER TO MODIFY, AFFIRM, OR SET ASIDE
Item 4. Docket No. 2002-1404-AIR. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on December 19, 2002 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code Sections 5.501(c)(1) and 5.515 and 30 Tex. Admin. Code Section Sections 35.801 to authorize Durol Western Manufacturing Co., Inc., to construct and operate a temporary production line, and to reconstruct and operate its former manufacturing building and production lines to build tire repair kits at the company's existing plant site, located at 2570 E. Pierce, Luling, Caldwell County, Texas. (Daniel Long, Jean Shaw)
Reposted as Item 52
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 5. Docket No. 2002-0763-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Clarke Products, Inc. in Tarrant County; Air Account No. TA-0671-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. (Todd Huddleson, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 6. Docket No. 2002-0538-AIR-E. Consideration of an Agreed Order assessing administrative penalties against EDSCO Fasteners, Inc. in Denton County; Air Account No. DF-0667-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. (Ronnie Kramer, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 7. Docket No. 2002-0938-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Griffin Industries, Inc. in Harris County; Air Account No. HG-5394-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. (Sheila Smith, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 8. Docket No. 2002-0904-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of MH Pyramid, Inc. in Waller County; Air Account No. WB-0131-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. (Rebecca Johnson, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 9. Docket No. 2002-1044-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Vernon Varnado dba Southern Manufacturing Company in Jefferson County; Air Account No. JE-0168-B and Permit No. O-01058; 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. (John Barry, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 10. Docket No. 2002-0713-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Wallace Integrated Graphics, Incorporated in Travis County; Air Account No. TH-0732-J; 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, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 11. Docket No. 2002-0087-AIR-E. Consideration of an Agreed Order assessing administrative penalties against U.S. Hanger Company, Inc. in Burleson County; Air Account BR-0016-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. (Salal Tahiri, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 12. Docket No. 2002-0966-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Newfield Exploration Mid-Continent Inc. in Gray County; Air Account No. GH-0084-N; 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, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 13. Docket No. 2002-0566-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Flying J, Inc. dba Flying J Travel Plaza in El Paso County; Air Account No. EE-0793-V; 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. (Susan Kelly, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 14. Docket No. 2002-0511-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Huntsman Petrochemical Corporation in Jefferson County; Air Account No. JE-0052-V; 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, Michael Meyer)
Issue agreed order, RH/RM. All Agree
EDWARDS AQUIFER ENFORCEMENT AGREED ORDERS
Item 15. Docket No. 2002-0796-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against Glenn Kothmann in Medina County; Edwards Aquifer Protection Program Project No. 1757.00; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Rebecca Clausewitz, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 16. Docket No. 2002-0733-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Worth I-10 Investments, L.P. in Bexar County; TCEQ ID No. None; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Rebecca Clausewitz, Michael Meyer)
Issue agreed order, RH/RM. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDERS
Item 17. Docket No. 2002-0597-MLM-E. Consideration of an Agreed Order assessing administrative penalties against Jose Jaime Cano dba Cano Ranch in Cameron County; Municipal Solid Waste Unauthorized Site No. 455150043 and TCEQ Air Account No. None; for air quality and municipal solid waste violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Jaime Garza, Michael Meyer)
Remand to Executive Director
Item 18. Docket No. 2002-0594-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Manshack & Sons, Inc. in Orange County; Air Account No. OC-0216-V; for air quality and municipal solid waste violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Laura Clark, Michael Meyer)
Issue agreed order, RH/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 19. Docket No. 2002-0451-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Alice in Jim Wells County; Municipal Solid Waste No. 262C; for municipal solid 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 E. Jecha, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 20. Docket No. 2002-0800-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Oil & Gathering, Inc. in Brazoria County; Used Oil Handler Registration No. A85525; for municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 371, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Todd Huddleson, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 21. Docket No. 2002-0475-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Mike Flores dba Flores Trucking in Cameron County; TCEQ ID No. HAW002; for municipal solid 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. (Jaime Garza, Michael Meyer)
Issue agreed order, RH/RM. All Agree
MUNICIPAL DISCHARGE ENFORCEMENT AGREED ORDERS
Item 22. Docket No. 2002-0789-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of La Ward in Jackson County; Water Quality Permit No. WQ0013479-001; 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, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 23. Docket No. 2001-1451-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Warren Independent School District in Tyler County; Texas Pollutant Discharge Elimination System Permit No. 11307-001 (Expired); for water quality violations pursuant to Tex. Water Code ch. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Laura Clark, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 24. Docket No. 2000-1210-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shannon Rushing and Linda Rushing dba Jackson Hill Marina in San Augustine County; TCEQ Water Quality Permit No. 11111-001; 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. (Alfred Okpohworho, Mike Meyer)
Remanded to Executive Director
Item 25. Docket No. 2001-1445-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Weimar in Colorado County; Texas Pollutant Discharge Elimination System Permit No. 10311-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Catherine Albrecht, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 26. Docket No. 2002-0975-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shelbyville Independent School District in Shelby County; Texas Pollutant Discharge Elimination System Permit No. 13370-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (John Barry, Michael Meyer)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 27. Docket No. 2002-0838-PST-E. Consideration of an Agreed Order assessing administrative penalties against Edna Carroll dba B & E in Willacy County; Petroleum Storage Tank Facility ID No. 38349; 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, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 28. Docket No. 2002-0573-PST-E. Consideration of an Agreed Order assessing administrative penalties against IZR Corporation dba Garland Fina in Dallas County; TCEQ PST ID No. 72525; 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. (Troy D. Nelson, Mike Meyer)
Issue agreed order, RH/RM. All Agree
Item 29. Docket No. 2002-0385-PST-E. Consideration of an Agreed Order assessing administrative penalties against Bettye Irby dba Wayne Irby Oil Company in Concho 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. (Gary Shipp, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 30. Docket No. 2002-0973-PST-E. Consideration of an Agreed Order assessing administrative penalties against United Petroleum Transports, Inc. in Howard 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, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 31. Docket No. 2002-0504-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Abdel Abunijmeh dba Star 1 in Johnson County; Petroleum Storage Tank Facility ID No. 0008948; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Jorge Ibarra, P.E., Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 32. Docket No. 2002-0315-PST-E. Consideration of an Agreed Order assessing administrative penalties against Spidle & Spidle, 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. (Susan Kelly, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 33. Docket No. 2002-0917-PST-E. Consideration of an Agreed Order assessing administrative penalties against Sitton Oil and Marine Company, 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. (John Barry, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 34. Docket No. 2002-0894-PST-E. Consideration of an Agreed Order assessing administrative penalties against Sarbali Oil, Inc. dba Jasper Fuel Company 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. (John Barry, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 35. Docket No. 2002-0585-PST-E. Consideration of an Agreed Order assessing administrative penalties against Office Creek Corporation dba S & S Beer and Wine #3 in Denton County; Petroleum Storage Tank Facility ID No. 0068900; 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, Michael Meyer)
Remanded to Executive Director, RH/KW. All Agree
Item 36. Docket No. 2002-0618-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jesse Drury and Kim Drury dba Kim's Mini Mart in Nacogdoches County; Petroleum Storage Tank Facility No. 08594; 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, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 37. Docket No. 2002-0670-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jaishnu Malhotra dba J. A. M. Food Store in Palo Pinto County; Petroleum Storage Tank Facility ID No. 0006226; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Jorge Ibarra, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 38. Docket No. 2002-0572-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Go-Crete in Dallas County; Petroleum Storage Tank Facility ID No. 1238; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 39. Docket No. 2002-0473-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nadir Ali dba Get N Go #1 in DeWitt County; Petroleum Storage Tank Facility ID No. 35540; 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, Michael Meyer)
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 40. Docket No. 2002-0527-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Husein Esmail dba Arcola Food Market in Fort Bend County; Public Water Supply No. 0790362; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Rebecca Johnson, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 41. Docket No. 2002-0551-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Victoria County W.C.I.D. No. 2 in Victoria County; Public Water Supply ID No. 2350006; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Edward R. Moderow, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 42. Docket No. 2002-0061-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Johnson Utilities, Inc. dba Branchwood WSC in Polk County; TCEQ PWS ID No. 1870158; for public drinking water violations pursuant to ch. 13 of the Texas Water Code and the rules of the Texas Commission on Environmental Quality. (John Sumner, Mike Meyer)
Issue agreed order, RH/RM. All Agree
Item 43. Docket No. 2002-0455-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of HMW Special Utility District dba Kickapoo Farms Subdivision in Harris County; Public Water Supply No. 1011766 and Certificate of Convenience and Necessity No. 10342; 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. (Catherine Albrecht, Michael Meyer)
Issue agreed order, RH/RM. All Agree
Item 44. Docket No. 2002-0861-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Woodbine Water Supply Corporation in Cooke County; Public Water Supply No. 0490018; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Judy Fox, Michael Meyer)
Issue agreed order, RH/RM. All Agree
RULE MATTERS
Item 45. Docket No. 2002-0967-RUL. Consideration of the adoption of the following amended section of 30 TAC Chapter 5, Advisory Committees and Groups:
Section 5.13, Meetings.
The adoption would add an exception that allows a committee or subcommittee to meet in closed session for the purpose of developing or reviewing licensing examination questions or related materials. The proposed rule was published in the October 11, 2002 issue of the Texas Register (27 TexReg 9542). (Richard Craig, Ramon Dasch, Debra Barber) (Rule Log No. 2002-054-005-AD)
Approve adoption of amended section of 30 TAC Chapter 5, RH/RM. All Agree
Item 46. Docket No. 2002-1423-RUL. Consideration for publication of, and hearing on, proposed new Sections 90.50, 90.52, 90.54, 90.56, 90.58, 90.60, 90.62, 90.64, 90.66, 90.68, 90.70, and 90.72 of 30 TAC Chapter 90, Regulatory Flexibility and Environmental Management Systems.
The proposed revisions to Chapter 90 implement Texas Water Code, 5.755, added by House Bill 2912, 77th Legislature, 2001, which directs the commission to develop an initial rule for a strategically directed regulatory structure that will provide incentives for enhanced environmental performance based on a person's compliance history classification and voluntary measures undertaken by the person to improve environmental quality. A person may apply for regulatory incentives by meeting the criteria regarding compliance history and voluntary measures and either the regulatory flexibility requirements found in Chapter 90, Subchapter B; the requirements for using an environmental management system found in Chapter 90, Subchapter C; the requirements for flexible permits under 30 TAC Chapter 116; or the requirements for programs authorized as innovative by the executive director. A person may not apply for incentives under the occupational licensing programs or other programs specifically exempted by statute. These proposed rules also contain provisions that provide for a single point of contact within the agency for innovative programs; allow the person or executive director to terminate the regulatory incentives granted under these rules; and require the applicant to provide notice and allow an opportunity for public comment. (Chris Brown, David Guarino, Dan Joyner, Kathy Ramirez) (Rule Log No. 2001-072-090-AD)
Approve publication and hearing on 30 TAC Chapter 90, Subchapter B, RM/KW. All Agree
Item 47. Docket No. 2003-0035-RUL. Consideration for publication of proposed new Section 335.26 and amended Sections 335.1 and 335.4 - 335.6 of 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste.
The proposed rulemaking would change the timing of deed recordation and notification rules for burial of livestock carcasses and exotic livestock carcasses from agricultural operations to allow immediate burial. The proposed rules would also allow the burial of small quantities of livestock carcasses and exotic livestock carcasses on a farm without deed recordation or notice to the commission. (Tom Weirich, Richard Egan, and Michael Bame) (Rule Log No. 2002-062-335-WS)
Continued to March 19, 2003
EXECUTIVE SESSION
Item 48. 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.
Item 49. 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.
Item 50. 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.
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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

Thursday, February 20, 2003

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 51. Docket No. 2003-0048-PWS-E. Consideration of whether to affirm, modify or set aside an Emergency Order issued on December 12, 2002 by the Executive Director of the Texas Commission on Environmental Quality pursuant to T. Water Code Sections 5.501, 5.507, and 13.4132, and 30 Tex. Admin. Code Sections 35.201 and 291.143(a) to address the abandonment of a retail public utility (Utility) by W. Oak Phoenix Corp., located 1.4 miles west of Highway 986 on County Road 2320, in Hunt County, to ensure continued operation of the Utility, and to provide continuous and adequate service to customers. The Emergency Order appointed George Oberdorf as temporary manager of the Utility. (Laurencia Fasoyiro)
Modify the Emergency Order with the changes as recommended, RH/KW. All Agree


SECOND ADDENDUM TO AGENDA

Thursday, February 20, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 52. Docket No. 2002-1404-AIR. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on December 19, 2002 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code Sections 5.501(c)(1) and 5.515 and 30 Tex. Admin. Code Section Sections 35.801 to authorize Durol Western Manufacturing Co., Inc., to construct and operate a temporary production line, and to reconstruct its former manufacturing building and production lines to build tire repair kits at the company's existing plant site, located at 2570 E. Pierce, Luling, Caldwell County, Texas. (Daniel Long, Jean Shaw)
Affirm the Emergency Order, with changes recommended by staff, RM/RH. All Agree


AGENDA

Thursday, February 20, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 1. TCEQ Docket No. 2000-0868-PST; SOAH Docket No. 582-01-0969. Consideration of the Administrative Law Judge's Proposal for Decision and Order, regarding alleged overpayment to Risk Management Specialties for remediation work and submission of a number of applications for reimbursement to the Commission in 1997, 1998 and 1999. The Commission staff audited those application and issued a final Audit Report and Notice of Overpayment to RMS in March of 2000. The audit report identified $52,873.13 in alleged overcharges, $45,253.43 of which have already been paid to RMS and $7,619.70 of which have been withheld from payment. Risk Management Specialties (RMS) is a registered corrective action specialist located in Wichita Falls, Texas.
Affirm the ALJ's PFD and Issue Order regarding Issue 1 & 4, but remand back to Judge Items 2 & 3, RM/RH. All Agree
Item 2. TCEQ Docket No. 2001-0845-UCR; SOAH Docket No. 582-01-3914. Consideration of the Administrative Law Judge's Proposal for Decision and Order, regarding the application by Village of Wimberly to Obtain a Sewer Certificate of Convenience and Necessity in Hays County.
See Item #6
Item 3. TCEQ Docket No. 2002-1429-UCR. Consideration of a Motion to Overturn filed by the City of Groesbeck concerning the Executive Director's approval of amendments to Certificate of Convenience and Necessity (CCN) No. 12547 held by Whiterock Water Supply Corporation and CCN No. 10770 held by the City of Mexia and decertification of a portion of CCN No. 10770 held by the City of Mexia concerning an area in Limestone County, Texas.
Grant the Motion to Overturn, RH/RM. All Agree
Item 4. TCEQ Docket No. 2002-1428-IWD. Consideration of the Shell Chemical LP's Motion to Overturn the ED's issuance to Shell Oil Company of TPDES Permit No. 00402 authorizing the discharge of treated industrial wastewater from Shell's petrochemical manufacturing plant in the City of Deer Park, Harris County, Texas. The discharge from Outfalls 001, 002, and 003 is into Patrick Bayou; thence to the Houston Ship Channel Tidal in Segment No. 1006; and from Outfall 004 into the Houston Ship Channel Tidal in Segment No. 1006.
Grant the Motion to Overturn, RH/RM. All Agree
Item 5. TCEQ Docket No. 2003-0045-WR. Motion to Overturn filed by Shields Brothers, Inc. regarding the Executive Director's approval of the application by Engelman Irrigation District for an amendment to its Certificate of Adjudication No. 23-809 to convert 1,036.95 acre-feet of Class "A" water out of a total of 20,031.3 acre-feet of Class "A" water to municipal priority water, and to change the point of diversion, in Hidalgo County.
Grant the Motion to Overturn, RH/RM. All Agree


ADDENDUM TO AGENDA

Thursday, February 20, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 6. TCEQ Docket No. 2001-0845-UCR; SOAH Docket No. 582-01-3914. Consideration of the Administrative Law Judge's Proposal for Decision and Order, regarding the application by Village of Wimberley to Obtain a Sewer Certificate of Convenience and Necessity in Hays County. The Proposal for Decision and Order implements a Texas Water Code Section 13.248 agreement between the Village of Wimberley and Guadalupe-Blanco River Authority amending their Certificates of Convenience and Necessity Nos. 20936 and 20892, respectively, to be certificated for retail public sewer service in Hays County, Texas.
Adopt the Proposal for Decision and Order, RH/KW. All agree