AGENDA

Wednesday, April 16, 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. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with 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 16, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item carried forward from Agenda of March 5, 2003.
Item 1. Docket No. 2002-1387-IHW. Consideration of an application by the United States Air Force - Kelly AFB, San Antonio for a Class 3 modification to Compliance Plan No. CP-50310 which authorizes the final Corrective Action Program for the remediation of ground-water quality associated with releases from RCRA-regulated unit Site S-8 to specified standards and to monitor the concentration of hazardous constituents in groundwater until compliance with specified ground-water quality standards have been attained. The facility is located on an approximately 4,660 - acre tract of land in Bexar County, bounded to the west by Lackland AFB, to the south by S.W. Military Drive and Leon Creek, to the east by the Union Pacific So San Yards, and to the north by Highway 90. It is approximately seven miles southwest to the center of the City of San Antonio. The commission will also consider requests for hearing or reconsideration, related responses and replies, public comment and the Executive Director's Responses to Comments. (Mark Weegar/John Deering)
All Hearing Request Withdrawn and application remanded to the Executive Director by Office of General Counsel.
Item carried forward from Agendas of February 20, March 5 and April 2, 2003.
Item 2. 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)
Denied Request for Oral Argument, RM/KW. All Agree, Item continued to 1:00 pm agenda.


Huston - Absent
Marquez
White

AGENDA

Wednesday, April 16, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 1. Docket No. 2001-0170-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The County of El Paso, Texas in El Paso County; TCEQ Air Account No. EE-1683-W; for air quality violations pursuant to the Texas Clean Air Act, ch. 382 of the Texas Health & Safety Code, ch. 7 of the Texas Water Code, and the rules of the Texas Commission on Environmental Quality. (John Sumner, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 2. Docket No. 2002-0440-AIR-E. Consideration of an Agreed Order assessing administrative penalties against E.I. Du Pont de Nemours and Company, Inc. in Orange County; TCEQ Air Account No. OC-0007-J; for air quality violations pursuant to 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. (Rebecca Nash Petty, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 3. Docket No. 2002-1145-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Gene Drake dba A Auto Buyers in Tarrant County; Air Account No. TA-2279-C; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Jorge Ibarra, P.E., Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 4. Docket No. 2002-1180-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Butler Manufacturing Company dba Vistawall Architectural Products in Kaufman County; Air Account No. KB-0015-U; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Jorge Ibarra, P.E., Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 5. Docket No. 2002-0872-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Hilcorp Energy Company in Brazoria County; Air Account No. BL-0005-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. (Suzanne Walrath, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 6. Docket No. 2002-0651-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Hyco Texas, L.P. in Dallas County; Air Account No. DB-0530-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, including specifically 30 Texas Administrative Code ch. 60. (David Van Soest, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 7. Docket No. 2002-0752-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Martinek Grain & Bins Inc. in Collin County; Air Account No. CP-0072-F; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Steven Lopez, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 8. Docket No. 2002-0754-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sid Richardson Pipeline, Ltd. in Crockett County; Air Account No. CZ-0012-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. (Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 9. Docket No. 2002-1230-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Wynn-Crosby Energy, Inc. in Starr County; Air Account No. SM-0041-U and Regulated Entity ID No. 102546249; 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. (Sandra Hernandez Alanis, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 10. Docket No. 2002-0958-AIR-E. Consideration of an Agreed Order assessing administrative penalties against USA Waste of Texas Landfills, Inc. in Chambers County; Air Account No. CI-0186-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. (Steven Lopez, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 11. Docket No. 2002-1133-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Texas Eastern Transmission, L.P. in Orange County; Air Account No. OC-0072-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, including specifically 30 Texas Administrative Code ch. 60. (Laura Clark, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 12. Docket No. 2002-1052-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Larry Baird dba Sunco Contracting in Montgomery County; Air Account No. MQ-0700-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, including specifically 30 Texas Administrative Code ch. 60. (Catherine Sherman, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 13. Docket No. 2002-1194-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Spencer Station Generating Company, L.P. in Denton County; Air Account No. DF-0012-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 Texas Administrative Code ch. 60. (Judy Fox, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 14. Docket No. 2002-1067-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Southwest Concrete Products, L.P. in Bexar County; Air Account No. BG-1191-I; 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 Texas Administrative Code ch. 60. (Rebecca Clausewitz, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 15. Docket No. 2002-0544-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Odeeco, Inc. dba Odeeco Ready Mix in Brazoria County; Air Account No. BL-0797-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. (Catherine Sherman, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 16. Docket No. 2002-1026-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Huntsman Petrochemical Corporation in Jefferson County; Air Account No. JE-0052-V and Air Permit No. 20485; 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 Texas Administrative Code ch. 60. (Laura Clark, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 17. Docket No. 2002-1014-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Five Star Custom Foods, Ltd. in Tarrant County; Air Account No. TA-4072-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, including specifically 30 Texas Administrative Code ch. 60. (Jorge Ibarra, P.E., Sheila Smith)
Issue agreed order, RM/KW. All Agree
AIR ENFORCEMENT DEFAULT ORDER
Item 18. Docket No. 2001-0405-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Top Cut Tree Service, Inc. in Montgomery County; TCEQ ID No. MQ-0308-P; for municipal solid waste and air quality violations pursuant to chs. 361 and 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Commission on Environmental Quality. (Gitanjali Yadav, Sheila Smith)
Remanded to Executive Director
MULTI-MEDIA ENFORCEMENT AGREED ORDER
Item 19. Docket No. 2001-1279-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Poly Corp Texas, Inc. in Harris County; Solid Waste Registration No. 86448; Air Account No. HX-2362-S for industrial and hazardous waste and air quality violations pursuant to chs. 361 and 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. (Shannon Strong, Sheila Smith)
Issue agreed order, RM/KW. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 20. Docket No. 2002-1000-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Astro Waste, Inc. in Harris 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, including specifically 30 Texas Administrative Code ch. 60. (Rebecca Johnson, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 21. Docket No. 2002-0615-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Matagorda County in Matagorda County; Municipal Solid Waste Permit No. 1093; 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. (Catherine Sherman, Sheila Smith)
Issue agreed order, RM/KW. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT DEFAULT ORDER
Item 22. Docket No. 2000-1118-MWD-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Creek Park Corporation in Johnson County; TCEQ ID No. 13868-001; 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. (Darren Ream, Sheila Smith)
Remanded to Executive Director, RM/KW. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 23. Docket No. 2002-0899-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Clifton in Bosque County; Texas Pollutant Discharge Elimination System Permit No. 10043-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (John Mead, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 24. Docket No. 2001-1567-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Weslaco in Hidalgo County; Texas Pollutant Discharge Elimination System Permit No. 10619-003; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (David Van Soest, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 25. Docket No. 2002-0490-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Newport Municipal Utility District in Harris County; Texas Pollutant Discharge Elimination System Permit No. 11329-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Pamela Campbell, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 26. Docket No. 2002-1129-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Montgomery County Municipal Utility District No. 56 in Montgomery County; Texas Pollutant Discharge Elimination System Permit No. 13760-001; 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 Texas Administrative Code ch. 60. (Rebecca Johnson, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 27. Docket No. 2001-1073-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mildred Independent School District in Navarro County; Water Quality Permit No. 11646-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Judy Fox, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 28. Docket No. 2002-0813-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harris County Municipal Utility District No. 250 in Harris County; Texas Pollutant Discharge Elimination System Permit No. 12685-001; 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, Sheila Smith)
Issue agreed order, RM/KW. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS
Item 29. Docket No. 2002-0448-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Del Oil & Gas Company, Inc. dba Bud's Quick Chek in Tarrant County; TCEQ PST Facility ID No. 0030453; 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. (Laurencia Fasoyiro, Sheila Smith)
Issue default order, RM/KW. All Agree
Item 30. Docket No. 2002-0269-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Hafiz, Inc. dba Pak's Food Store in Harris County; TCEQ ID No. 0039648; 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. (Diana Grawitch, Sheila Smith)
Issue default order, RM/KW. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 31. Docket No. 2002-1001-PST-E. Consideration of an Agreed Order assessing administrative penalties against Community Rentals Company in Bexar County; Petroleum Storage Tank Facility ID No. 69054; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Malcolm A. Ferris, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 32. Docket No. 2002-0996-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Diamond Shamrock Refining and Marketing dba Stop-N-Go No. 2362 in Galveston County; Petroleum Storage Tank Facility No. 5518; 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, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 33. Docket No. 2002-0239-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bill Nguyen dba Easy Shop in Harris County; Petroleum Storage Tank Facility ID No. 0043641; 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. (Catherine Albrecht, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 34. Docket No. 2002-0933-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Young Contractors, Inc. in McLennan County; Petroleum Storage Tank Facility ID No. 04446; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (A. Sunday Udoetok, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 35. Docket No. 2002-0987-PST-E. Consideration of an Agreed Order assessing administrative penalties against Von's Establishment, Inc. dba Bob's Food Mart in Tarrant County; Petroleum Storage Tank Facility ID No. 0070609; 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, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 36. Docket No. 2002-0558-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of University of Texas - Pan American in Hidalgo County; Petroleum Storage Tank Facility No. 56523; 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, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 37. Docket No. 2002-0268-PST-E. Consideration of an Agreed Order assessing administrative penalties against Super Golden Investments Inc. dba Sunmart #114 in Nueces County; Petroleum Storage Tank Facility ID No. 58609; 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, Sheila Smith)
Remanded to Executive Director
Item 38. Docket No. 2002-0635-PST-E. Consideration of an Agreed Order assessing administrative penalties against Ajaz Qadir Khan dba Super Food Mart #36 in Smith County; Petroleum Storage Tank Facility ID No. 52796; 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 V. Lind, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 39. Docket No. 2002-1170-PST-E. Consideration of an Agreed Order assessing administrative penalties against Sandford Oil Company, Inc. in Johnson County; Petroleum Storage Tank Facility ID No. 52454; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Jorge Ibarra, P.E., Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 40. Docket No. 2002-0441-PST-E. Consideration of an Agreed Order assessing administrative penalties against Pilkington's Big Tex Oil Distributors, Inc. in Bell 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. (J. Craig Fleming, Sheila Smith)
Remanded to Executive Director
Item 41. Docket No. 2002-1102-PST-E. Consideration of an Agreed Order assessing administrative penalties against Donald P. Leblanc dba OJ's Mobil Mart in Orange County; Petroleum Storage Tank Facility ID No. 0073347; for petroleum storage tank 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. (John Barry, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 42. Docket No. 2002-0631-PST-E. Consideration of an Agreed Order assessing administrative penalties against National Stations, Inc. in Hale County; Petroleum Storage Tank Facility ID No. 8496; 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, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 43. Docket No. 2002-0672-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of John R. Jones dba J. J. Sales Exxon in Crockett County; Petroleum Storage Tank Facility ID No. 0032177; 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, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 44. Docket No. 2002-0884-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Demab Corporation dba PJ's 2 in Denton County; Petroleum Storage Tank Facility ID No. 0038655; 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, Sheila Smith)
Issue agreed order, RM/KW. All Agree
PUBLIC WATER SYSTEMS ENFORCEMENT AGREED ORDERS
Item 45. Docket No. 2002-0983-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Catalpa Villa Water Supply Corporation in Randall County; Public Water Supply No. 1910006; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Subhash Jain, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 46. Docket No. 2002-0918-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of HMW Special Utility District dba Hunter's Retreat in Montgomery County; Public Water Supply No. 1700149 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, including specifically 30 Texas Administrative Code ch. 60. (Rebecca Johnson, Sheila Smith)
Issue agreed order, RM/KW. All Agree
Item 47. Docket No. 2002-0880-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Westwood Country Club, Inc. in Harris County; Public Water Supply No. 1011197; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Subhash Jain, Sheila Smith)
Issue agreed order, RM/KW. All Agree
SLUDGE ENFORCEMENT AGREED ORDER
Item 48. Docket No. 2002-0407-SLG-E. Consideration of an Agreed Order assessing administrative penalties against Diana Hogan doing business as Mr. Rooter Vacuum in Hidalgo County; Sludge Transporter Registration No. 21249; for sewage sludge violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Sandra Hernandez Alanis, Sheila Smith)
Issue agreed order, RM/KW. All Agree
SUPERFUND
Item 49. Docket No. 2003-0368-SPF. Consideration of an Agreed Administrative Order providing for settlement with Celia Chavez Munoz concerning the Munoz Borrow Pits State Superfund Site, Mission, Hidalgo County, Texas in accordance with Texas Health and Safety Code, Section 361.200 and the rules of the Texas Commission on Environmental Quality. (Caroline Sweeney)
Approve agreed order, KW/RM. All Agree
RULE MATTERS
Item 50. Docket No. 2003-0303-RUL. Consideration for publication of, and hearing on, amended sections in 30 TAC Chapter 30, Occupational Licenses and Registrations, Sections 30.237, 30.240, 30.242, 30.244, and 30.246.
The proposed rulemaking would implement Texas Civil Statutes, Article 3271b, Texas Geoscience Practice Act, by requiring that a person who prepares and submits geoscientific information to the agency be a licensed professional geoscientist. The proposed rulemaking would delete experience requirements for obtaining Installer II and site evaluator licenses and delete requirements that have expired and are no longer applicable. (Warren Samuelson, Jacquelyn Boutwell, Michael Bame) (Rule Log No. 2003-009-030-WT)
Remanded to Executive Director.
Item 51. Docket No. 2003-0309-RUL. Consideration for publication of amended Sections 213.3 and 213.5 of 30 TAC Chapter 213, Edwards Aquifer.
The proposed rulemaking would implement Texas Civil Statutes, Article 3271b, Texas Geoscience Practice Act, by requiring a person who prepares and submits geoscientific information to the agency to be a licensed professional geoscientist. (Julie Talkington, John Williams, Michael Bame) (Rule Log No. 2001-051A-213-WT)
Approve publication of amendments to 30 TAC Chapter 213, KW/RM. All Agree
STATE IMPLEMENTATION PLAN
Item 52. Docket No. 2003-0370-SIP. Consideration for approval of an Agreed Order requiring emission reductions of nitrogen oxides at the Cemex, Inc. cement kiln in New Braunfels, Comal County, Texas. The agreed order would make those reductions federally enforceable for the purpose of inclusion in the state implementation plan. (Kerri Rowland)
Approve agreed order with changes, RM/KW. All Agree
EXECUTIVE SESSION
Item 53. 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 54. 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 55. 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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ADDENDUM TO AGENDA

Wednesday, April 16, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 56. Docket No. 2003-0434-MIS. Consideration of a Joint Resolution with the Texas Water Development Board recognizing National Drinking Water Week (May 4-10, 2003).
Approve joint resolution with the Texas Water Development Board, KW/RM. All Agree


OLD BUSINESS AGENDA

Wednesday, April 16, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item carried forward from Agendas of February 20, March 5 and April 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)
Grant hearing request of Patricia Blackmon; Gem & Sue Brierton and Citizens to Save Palo Pinto County (CSPPC), and refer to the State Office Administrative Hearings the issues of whether the facility will be compatible with surrounding land uses, considering the factors in 30 TAC 330.53(b)(8); whether the facility would be visually incompatible with its surroundings; whether the facility will be incompatible with growth trends in the area; whether increased traffic or safety hazards will impact requesters' use of their property and whether the landfill will be consistent with the regional solid waste plan; and deny requests for reconsideration, with duration of the hearing to be 4 months from preliminary hearing to PFD issuance, RH/RM. All Agree


AGENDA

Wednesday, April 16, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 1. TCEQ Docket No. 2000-1308-UCR; SOAH Docket No. 582-01-1624. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding appeal of Jerry Pinson et al. of the cost of obtaining service from Copeville Water Supply Corporation in Collin County, Texas.
Grant Administrative Law Judge's Summary Disposition and adopt order as recommended, RM/KW. All Agree
Item 2. TCEQ Docket No. 2001-1583-UCR; SOAH Docket No. 582-02-2470. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the petition from the City of McAllen to appeal the wholesale water rate increase of Hidalgo County WID No. 3, and Request for Interim Rates in Hidalgo County.
Grant Administrative Law Judge's Proposal for Decision with changes and Issue Order, with Executive Directors exceptions, RM/KW. All Agree