AGENDA

Wednesday, April 2, 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, April 2, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item carried forward from Agenda of February 20 and March 2, 2003.
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 April 16, 2003


AGENDA

Wednesday, April 2, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 1. Docket No. 2003-0125-AIR. Consideration of application by Hanson Aggregates West, Inc. for renewal of Air Quality Permit No. 9602 to authorize the continued operation of its asphalt concrete plant. The plant site is located at 21303 FM 2252 near Garden Ridge, Comal 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. (Dois D. Webb / Dan Joyner)
Deny hearing requests and issue permit renewal and adopt the Executive Director's Response to Comments, RM/RH. All Agree
Item 2. Docket No. 2003-0127-AIR. Consideration of application by Puppyluv Enterprises of Texas, Inc. for New Air Quality Permit 47748 to authorize the construction of an animal carcass incinerator. The proposed facility will be located at 2001 Hickory Hill in Argyle, Denton 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. (Adam Talianchich /Daniel Long)
Grant the hearing request of Phillip & Linda Bergman, Merle & Sheri Bush, Ray Chapman, Frank & Liz Edwards, Billy & Shelly Coates, Rafael & Adele Hernandez, David Pearson, Harold & Mary Peck, Sylvia Peck, William & Mary Skinner, Chris Taylor and Gary & Linda Taylor, refer to State Office Administrative Hearings the issue of whether the proposed facility would impact the health of the requesters and their families; and the duration of the hearing be 4 months from preliminary hearing to Proposal for Decision issuance with a referral to Alternative Dispute Resolution for 2 to 4 weeks, if the protestants can appoint a spokesman to address the issues, RM/RH. All Agree
AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 3. Docket No. 2002-0220-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jochem Jongsma dba Jochem Jongsma Dairy in Wood County; TCEQ Registration No. WQ0004100-000; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Carolyn V. Lind, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 4. Docket No. 1999-1410-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Equistar Chemicals, L.P. in Harris County; TCEQ Air Account No. HG-0033-B; 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. (Kelly W. Mego, Diana Grawitch)
Issue agreed order, RH/KW. All Agree
Item 5. Docket No. 2002-0605-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chemical Lime, Ltd. dba Chemical Lime New Braunfels, Ltd. in Comal County; Air Account No. CS-0020-O, Permit Nos. 7808 and PSD-TX-256M2, and Operating Permit No. O-01122; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Malcolm A. Ferris, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 6. Docket No. 2001-0793-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Compass Operating, L.L.C. in Karnes County; Air Account No. KA-0022-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. (Miriam Hall, Carl Schnitz)
Remand to Executive Director, RH/RM. All Agree
Item 7. Docket No. 2002-1193-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Dartco of Texas Limited Partnership in Ellis County; Air Account No. ED-0168-P; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Judy Fox, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 8. Docket No. 2002-0624-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of H & M Plating Company, Inc. in Harris County; Air Account No. HX-2314-G; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Stacey Young, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 9. Docket No. 2002-1089-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Hobas Pipe USA, Inc. in Harris County; Air Account No. HG-1531-T; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Catherine Sherman, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 10. Docket No. 2002-0957-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Greif Bros. Corporation in Harris County; TCEQ Air Account No. HG-1221-O; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Sheila Smith, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 11. Docket No. 2002-0948-AIR-E. Consideration of an Agreed Order assessing administrative penalties against International Paper Company in Marion County; Air Account No. ME-0019-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 E. Jecha, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 12. Docket No. 2002-0565-AIR-E. Consideration of an Agreed Order assessing administrative penalties against United Petroleum Transports, Inc. in El Paso County; TCEQ ID No. None; 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, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 13. Docket No. 2002-0902-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Union Carbide Corporation in Galveston County; Air Account No. GB-0076-J; for air quality and public drinking water violations pursuant to Tex. Health & Safety Code chs. 341 and 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Miriam Hall, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 14. Docket No. 2002-0814-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Smart Materials, Inc. in Chambers County; Air Account No. 92-0925-Q; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Catherine Albrecht, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 15. Docket No. 2002-1023-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of JELD-WEN, Inc. in Hopkins County; Air Account No. HR-0058-H; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Miriam Hall, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 16. Docket No. 2002-1271-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Ellwood Texas Forge, L.P. in Harris County; Air Account No. HX-2270-B; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Catherine Sherman, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
EDWARDS AQUIFER ENFORCEMENT AGREED ORDERS
Item 17. Docket No. 2002-0969-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against R. L. Worth & Associates, Ltd. in Comal County; Edwards Aquifer Protection Program Project No. 1814.00; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Rebecca Clausewtiz, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 18. Docket No. 2002-0464-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ultramar Diamond Shamrock Corp. in Bexar County; Edwards Aquifer Protection Program Project No. 1796.00; 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, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 19. Docket No. 2002-0943-IHW-E. Consideration of an Agreed Order assessing administrative penalties against HIRSCHFELD STEEL CO., INC. in Tom Green County; Industrial Hazardous Waste Facility ID No. 84369; 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. (Gary Shipp, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
LICENSED IRRIGATORS ENFORCEMENT AGREED ORDER
Item 20. Docket No. 2002-0663-LII-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sterling Stiles in Bexar County; Licensed Irrigator No. None; for licensing violations pursuant to Tex. Water Code chs. 7 and 34 and the rules of the Texas Commission on Environmental Quality. (Erika Fair, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
MULTI-MEDIA MATTER ENFORCEMENT AGREED ORDERS
Item 21. Docket No. 2002-0065-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Shepherd in San Jacinto County; Texas Pollution Discharge Elimination System Permit No. 11380-001 and Public Water Supply ID No. 2040001; for water quality and drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (John Barry, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 22. 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, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 23. Docket No. 2002-0753-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Bobkat Agricultural Services and Construction, Inc. in Camp County; TCEQ ID No. None; 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 Greimel, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 24. Docket No. 2002-0866-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wood Processing Services Inc. in Johnson County; Industrial Hazardous Waste ID No. F1332; for 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. (Judy Fox, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 25. Docket No. 2002-0994-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Celestine Holcomb dba Holcomb Environmental Oil Service in Harris County; Registration No. A85543; 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. (Gilbert Angelle, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 26. Docket No. 2001-0373-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Hubbard in Hill County; Texas Pollutant Discharge Elimination System Permit No. 10534-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Jeff Kunze, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 27. Docket No. 2002-0405-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Mexia in Limestone County; Texas Pollutant Discharge Elimination System Permit No. 10222-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Kent Heath, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 28. Docket No. 2002-0766-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of North Orange Water and Sewer, LLC in Orange County; Texas Pollutant Discharge Elimination System Permit No. 11589-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Laura Clark, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 29. Docket No. 2002-0815-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of International Airport Square Investment, Ltd. dba Rodeway Inn Intercontinental Airport in Harris County; Water Quality Permit No. 12138-001 (Expired); 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, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
PETROLEUM STORAGE TANK DEFAULT ORDER
Item 30. Docket No. 2002-0348-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Sharon Walker dba Star Plaza Truck Stop in Eastland County; TCEQ PST ID No. 0004020; for industrial and hazardous 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. (Diana Grawitch)
Issue default order, RH/KW. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 31. Docket No. 2002-0071-PST-E. Consideration of an Agreed Order assessing administrative penalties against Zarmin Enterprises, Inc. dba Minute Mart in Tarrant County; Petroleum Storage Tank Facility No. 57597; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Steven Lopez, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 32. Docket No. 2001-1308-PST-E. Consideration of an Agreed Order assessing administrative penalties against Woodforest Corporation dba Star Express in Fort Bend County; Petroleum Storage Tank Facility ID No. 0065084; 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 K. Grieco, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 33. Docket No. 2002-0619-PST-E. Consideration of an Agreed Order assessing administrative penalties against United Petroleum Transports Inc. in Denton County; Petroleum Storage Tank Facility ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Judy Fox, Carl Schnitz)
Remanded to Executive Director, RH/RM. All Agree
Item 34. Docket No. 2002-0920-PST-E. Consideration of an Agreed Order assessing administrative penalties against Tri-Con, Inc. in Jefferson County; TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Laura Clark, Carl Schnitz)
Remanded to Executive Director, RH/RM. All Agree
Item 35. Docket No. 2002-0784-PST-E. Consideration of an Agreed Order assessing administrative penalties against Sobhani Traders, Inc. dba RPM Kwic Stop #3 and #1 in Tyler County; Petroleum Storage Tank Facility ID Nos. 0032416 and 0062887; 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, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 36. Docket No. 2002-0578-PST-E. Consideration of an Agreed Order assessing administrative penalties against Qusra Corporation dba Lone Star Superette in Jefferson County; Petroleum Storage Tank Facility No. 60115; 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, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 37. Docket No. 2002-0728-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Lamesa in Dawson County; Petroleum Storage Tank Facility ID No. 0061969; 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, Carl Schnitz)
Remanded to Executive Director
Item 38. Docket No. 2002-0908-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of LB Beaumont LLC DBA Hilton Beaumont in Jefferson County; Petroleum Storage Tank Facility No. 0070420; 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, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 39. Docket No. 2002-0832-PST-E. Consideration of an Agreed Order assessing administrative penalties against ASYA Enterprises, Inc. dba Phillips 66 in Harris County; Petroleum Storage Tank Facility ID No. 0010913; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Catherine Albrecht, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 40. Docket No. 2002-0453-PST-E. Consideration of an Agreed Order assessing administrative penalties against Colonial Full Service Car Wash, Inc. in Tarrant County; Petroleum Storage Tank Facility ID No. 0044044; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Thomas E. Jecha, Carl Schnitz)
Remanded to Executive Director
PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS
Item 41. Docket No. 2001-1091-PWS-E. Consideration of an Agreed Order assessing administrative penalties against The City of Alamo in Hidalgo County; TCEQ PWS ID No. 1080001; for public water supply violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch)
Issue agreed order, RH/RM. All Agree
Item 42. Docket No. 2002-0456-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of HMW Special Utility District dba Treichel Woods Estates and Willow Oaks Mobile Home Subdivision in Harris County; Public Water Supply Nos. 1012397 and 1011812 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, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 43. Docket No. 2002-0112-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of KMM Interests Inc. dba Boerne Superstore LTD in Kendall County; Public Water Supply No. 1300037; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Merrilee Gerberding, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 44. Docket No. 2001-0677-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of AquaSource Utility, Inc. dba Pine Trails Utility, Inc., The Gap Water Company, Cherokee Point Water Company, Inc., Ingram Water Supply, Inc., and H2M Water System in Harris, Taylor, Camp, Kerr, and Tarrant Counties; Public Water Supply Nos. 1010535, 2210023, 0320015, 2200341, 2200329, and 1330011 and Certificate of Convenience and Necessity Nos. 10938, 11157, 11993, 11908, and 11728; for drinking water quality violations pursuant to Tex. Water Code ch. 13 and the rules of the Texas Commission on Environmental Quality. (Elvia Maske, Carl Schnitz
Issue agreed order, RH/RM. All Agree
Item 45. Docket No. 2002-0107-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Beckville in Panola County; Public Water Supply ID No. 1830002; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Carolyn V. Lind, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 46. Docket No. 2001-0153-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of CWS Communities Trust dba Creekside Mobile Home Community in Denton County; Public Water System No. 0610191; 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. (Brian Lehmkuhle, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
UNDERGROUND INJECTION CONTROL
Item 47. Docket No. 2002-0683-UIC-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of James W. Tucker, Jeff S. Tucker, Rebecca S. Tucker and Crossroads Environmental Corporation in Montgomery County; Waste Disposal Well Permit No. 315; for underground injection control violations pursuant to Tex. Water Code chs. 7 and 27 and the rules of the Texas Commission on Environmental Quality. (Sheila Smith, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
RULE MATTER
Item 48. Docket No. 2003-0245-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 290, Public Drinking Water, Sections 290.38, 290.39, 290.41 - 290.47, 290.104, 290.106, 290.107, 290.111, 290.117, 290.121, and 290.122.
The proposed amendments would address requirements of the federal Long-Term 1 Enhanced Surface Water Treatment Rule, Filter Backwash Recycling Rule, Lead and Copper Rule Minor Revisions, and Public Notification Rule promulgated by the United States Environmental Protection Agency. The proposed amendments would also specify how the agency implements various regulatory requirements; adopt new design requirements for the laboratories at surface water treatment plants; extend the design requirements for chemical storage and feed facilities to all public water systems; and update several provisions to conform to current design practices. (Jack Schulze, Geoff Kirshbaum, Ray Austin) (Rule Log No. 2003-013-290-WT)
Remanded to Executive Director
EXECUTIVE SESSION
Item 49. 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 50. 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 51. 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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REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.


ADDENDUM TO AGENDA

Wednesday, April 2, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 52. Docket No. 2003-0283-MWD and 2003-0284-MWD. Consideration of Motions to Overturn filed by the Executive Director of the TCEQ, concerning the Executive Director's renewal of TPDES Permit Nos. 10495-101 and 10495-116, issued to the City of Houston in Harris County; TCEQ Docket Nos. 2003-0283-MWD and 2003-0284-MWD. Permit No. 10495-101 authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,000,000 gallons per day. Permit No. 10495-116 authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 18,000,000 gallons per day.
Granting the Motions to Overturn and remand to Executive Director, RM/KW. All Agree


OLD BUSINESS AGENDA

Wednesday, April 2, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item carried forward from March 5, 2003.
Item 1. TCEQ Docket No. 2002-1090-WR; SOAH Docket No. 582-02-3983. Consideration of the Administrative Law Judge's Proposal for Decision and Order canceling the following Water Rights in the Middle and Lower Rio Grande; Mary Ann Baker Burnet, Juan Sauceda, et ux., Lawrence A. Mann, Trustee, Lam Investments, Co., Gregorio D. Gomez et ux., John E. Fitzgibbon, Armadillo Construction Co., and Dr. Cesar Morales et ux. The Executive Director alleges that these water rights may be canceled if not beneficially used for ten years, and the records reflect these water rights have not been used for ten years and that no cancellation exceptions apply. These water rights are located in Willacy, Cameron, Hidalgo, Starr, Webb, Zapata and Val Verde Counties.
Approve Proposal for Decision and issue order as revised, RH/RM. All Agree


AGENDA

Wednesday, April 2, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 1. SOAH Docket No. 582-02-4112; TCEQ Docket No. 2001-1505-AIR-E. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Myrl Herrin dba Brazos Body Shop. On March 1 and June 26, 2001, during record reviews, TCEQ staff documented that the respondent had violated statutes, rules, and a previous agreed order. This facility is located at 4400 Highway 51 North Granbury, Hood County, Texas.
Grant Administrative Law Judge's Proposal for Decision and issue order as proposed, RM/RH. All Agree
Item 2. SOAH Docket NO. 582-02-3883; TCEQ Docket No. 2002-0666-IWD. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of MC Energy Partners, L.P., for a new Texas Pollutant Discharge Elimination System permit pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Commission on Environmental Quality, that would authorize the treatment and disposal of waste from a new combined cycle electric power generating facility, located at Farm-to-Market Road 1486 and Jackson Road, approximately 3 miles south of the City of Dobbin, in Montgomery County, Texas. The Commission will also consider timely public comments and the Executive Director's Response to such comments, the application and related filings, exceptions, and replies.
Approve Administrative Law Judge's Proposal for Decision and Issue Order with changes, RH/KW. All Agree


ADDENDUM TO AGENDA

Wednesday, April 2, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 3. Docket No. 2003-0180-AGR. Consideration of a Motion to Overturn concerning the Executive Director's approval of the application by Tapia Dairy Inc., dba Tapia Dairies Feedlot, for TPDES Registration No. 04299 authorizing a new concentrated animal feeding operation for a dairy cattle feedlot facility with a maximum proposed capacity of 7,500 head in Concho County, Texas.
Partial granting of motion to overturn and set aside registration and remand registration application back to executive director, KW/RH. All Agree