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HEARING REQUESTS |
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| Item 1. |
Docket No. 2003-0525-WR. Consideration of Application No. 5768 from FSP
Development of Texas, LLC (FSP) for a Water Use Permit which would authorize
FSP to construct and maintain three (3) small dams on an unnamed tributary of Yorks
Creek, tributary of Onion Creek, tributary of the Colorado River, Colorado River
Basin, and impound a combined total of .07 acre-foot of water in the three (3)
reservoirs having a combined surface area of 0.0734 acres for in-place recreation
(aesthetic) purposes in Hays County. The dams will range from 1 foot to 2.5 feet in
height. No diversion of water from the reservoirs is requested by this application.
The reservoir complex is located bearing S 45°W, 5,800 feet from the northeast corner
of the Jesus Perez League No. 14, Abstract 363, also being 30.060°N Latitude and
97.999°W Longitude in the Sierra West Subdivision in Hays County. The
Commission will also consider hearing requests, related responses an replies, and
public comment. (Michael Hughes, David Koinm) |
|
| Deny hearing request, and issue the permit, RM/KW. All Agree |
| |
| Item 2. |
Docket No. 2003-0545-MWD. Consideration of permit application # 11077-003,
submitted by THE CITY OF FATE for a new permit (proposed TPDES Permit No.
11077-003), which will authorize the discharge of treated domestic wastewater at a
daily average flow not to exceed 474,000 gallons per day. This facility was
previously permitted under TPDES Permit No. 11077-001 which expired December 1,
2001. The facility is located approximately 0.01 mile east of State Highway 66 or
approximately 0.04 mile northeast of the intersection of State Highway 66 and State
Highway 551 in Rockwall County, Texas. The Commission will also consider
hearing requests, related responses and replies, public comment, the Executive
Director's response to comments and a request for reconsideration of the Executive
Director's decision. (Robert Martinez/Zdenek Matl) |
|
| Deny Request for Reconsideration and adopt Executive Director's response to comments and issue the
permit, RH/RM |
|
| Item 3. |
Docket No. 2003-0499-MWD. Consideration of permit application # 10161-001,
submitted by CITY OF DUMAS, for a permit renewal to authorize the disposal of
treated domestic wastewater at a daily average flow not to exceed 1,440,000 gallons
per day via surface irrigation of 525 acres of land. This application was submitted to
the TCEQ on May 11, 2001. The existing wastewater treatment facility serves the City
of Dumas. The facility and disposal site are located approximately 1.0 mile east of
U.S. Highway 287, south of the City of Dumas on East 20th Street in Moore County,
Texas. The facility and disposal site are located in the drainage basin of Lake
Meredith in Segment No. 0102 of the Canadian River Basin. The commission will
also consider hearing requests, related responses and replies, public comment and the
Executive Director's response to comments. (Kent H. Trede / Todd Burkey) |
|
| Deny hearing request, adopt Executive Director's response to comments and issue the permit,
RH/KW. All Agree |
| |
| Item 4. |
Docket No. 2003-0544-MWD. Consideration of permit application # 13596-001,
submitted by NANTUCKET LIMITED, for a permit renewal to authorize the
discharge of treated domestic wastewater at a daily average flow not to exceed 10,000
gallons per day. This application was submitted to the TCEQ on December 30, 1999.
The existing wastewater treatment facility serves a small residential community. The
facility is located southeast of College Station, off the southern right-of-way line of
State Highway 6, approximately 4.1 miles southeast of the intersection of State
Highway Loop 507 and State Highway 6 in Brazos County, Texas. The commission
will also consider hearing requests, related responses and replies, public comment and
the Executive Director's response to comments. (Kent H. Trede / Jacquelyn Boutwell) |
|
| Remanded to Executive Director |
|
| |
DISTRICT MATTER |
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| Item 5. |
Docket No. 2003-0330-DIS. Consideration of an application by Fort Bend County
Water Control and Improvement District No. 3 requesting approval of additional
powers to provide drainage services within the District pursuant to Texas Water Code,
Section 51.332. (TCEQ Internal Control No. 01072003-D06; Rob Cummins, Todd
Burkey) |
|
| Grant application by Fort Bend County Water Control and Improvement District No. 3, RH/RM. All
Agree |
| |
| |
AGRICULTURAL ENFORCEMENT DEFAULT ORDER |
|
| Item 6. |
Docket No. 2001-0821-AGR-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Rowntree Cattle Company,
L.L.C. in Erath County; TCEQ ID No.: NONE; for dairy operation water quality
violations pursuant to the 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 Nash Petty, Mac Vilas) |
|
| Issue default order, RH/KW. All Agree |
|
| |
AIR QUALITY ENFORCEMENT AGREED ORDERS |
|
| Item 7. |
Docket No. 2002-1006-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Crockett Gas Processing
Company in Crockett County; Air Account No. CZ-0011-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. (Sheila Smith, Mac
Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 8. |
Docket No. 2002-0991-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Degussa Corporation in
Aransas County; Air Account Number AD-0001-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. (Audra Baumgartner, Mac
Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 9. |
Docket No. 2002-1329-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Tenaska III Partners, LTD. dba Tenaska III Texas
Partners in Lamar County; Air Account No. LA-0045-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, including specifically 30 Texas
Administrative Code ch. 60. (Thomas Greimel, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 10. |
Docket No. 2003-0090-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Western Gas Resources,
Inc. in Pecos County; Air Account No. PE-0195-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. (Sheila Smith, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 11. |
Docket No. 2002-1363-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Apache Corporation in Wharton County; Air
Account No. WF-0098-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.
(Gloria Stanford, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 12. |
Docket No. 2002-0910-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Dionisio Sotelo dba D&D
Paint and Body Shop in Brazoria County; Air Account No. BL-0775-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. (Catherine Sherman, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 13. |
Docket No. 2002-1431-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Huntsman Petrochemical Corporation in Jefferson
County; Regulated Entity No. 100217389, Air Account No. JE-0135-Q, Air Permit
No. 16989/PSD-TX-794; 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, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
|
| Item 14. |
Docket No. 2002-0587-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Expro Engineering, Inc. in Matagorda County; Air
Account No. MH-0150-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. (Rebecca Johnson, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 15. |
Docket No. 2001-0008-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of BASF Corporation in
Brazoria County; TCEQ Air Account No. BL-0021-O; for air quality violations
pursuant to the Texas Clean Air Act, Tex. Health & Safety Code chs. 370 and 382,
Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental
Quality. (Lisa Lemanczyk, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 16. |
Docket No. 2002-0625-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Miracles Never Cease, Inc. in Dallas County;
TCEQ Air Account No. DB-1171-M; for air quality violations pursuant to the Texas
Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the
rules of the Texas Commission on Environmental Quality.(David Speaker, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
|
| Item 17. |
Docket No. 2001-0615-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Merit Energy Company in Harris County; Air
Account No. HG-4368-I; for air quality violations pursuant to the Texas Clean Air
Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch.7, and the rules of the
Texas Commission on Environmental Quality. (Kelly W. Mego, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 18. |
Docket No. 2002-1022-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Blue Dolphin Pipe Line
Company in Brazoria County; TCEQ ID No. BL-0421-R; for air quality violations
pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water
Code ch. 7, and the rules of the Texas Commission on Environmental Quality.
(Benjamin J. de Leon, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 19. |
Docket No. 2002-1040-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Lyondell-Citgo Refining,
L.P. in Harris County; TCEQ ID No. HG-0048-L; for air quality violations pursuant
to the Texas Clean Air Act, 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. (Benjamin J. de Leon, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
|
| Item 20. |
Docket No. 2002-1050-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Atofina Petrochemicals, Inc.
in Harris County; Air Account No. HG-4662-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, including specifically 30 Texas
Administrative Code ch. 60. (Stacey Young, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
|
| Item 21. |
Docket No. 2002-0104-AIR-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Joe Ledbetter dba Joe's
Auto Body in Dallas County; TCEQ Air Account No. DB-5047-J, for air quality
violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382,
Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental
Quality. (Benjamin J. de Leon, Mac Vilas) |
|
| Issue default order, RH/KW. All Agree |
| |
|
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER |
|
| Item 22. |
Docket No. 1999-1594-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Courtney & Company, Inc.
in Galveston County; TCEQ SWR ID No. 86220; for industrial and hazardous waste
violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety
Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission
on Environmental Quality. (Laurencia Fasoyiro, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
|
|
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT DEFAULT ORDER |
| |
| Item 23. |
Docket No. 2002-0363-IHW-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Insignia, Inc. in Comal
County; TCEQ Solid Waste Registration No. 84329; for industrial and hazardous
waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health &
Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission
on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60.
(Rebecca Nash Petty, Mac Vilas) |
|
| Issue default order, RH/KW. All Agree |
|
|
MULTI-MEDIA MATTER ENFORCEMENT AGREED ORDERS |
|
| Item 24. |
Docket No. 2002-0401-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Harlingen Consolidated
Independent School District in Cameron County; Petroleum Storage Tank Facility
No. 54006; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7
and 26 and the rules of the Texas Commission on Environmental Quality. (Sandra
Hernandez Alanis, Mac Vilas) |
|
| Reposted as Item #66 |
|
| Item 25. |
Docket No. 2002-1093-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Westphalia Water and
Sewer Supply Corporation in Falls County; Water Quality ID No. 13571-001 and
Air Account No. FA-0061-E; for air quality and water quality 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, including specifically 30 Tex.
Admin. Code ch. 60. (David Van Soest, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
|
|
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER |
|
| Item 26. |
Docket No. 2002-0950-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Nathaniel Energy
Corporation in Dallas County; TCEQ Tire Storage Registration No. 44115; 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.
(Cheryl Thompson, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
|
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
|
| Item 27. |
Docket No. 2002-1336-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Military Highway Water Supply Corporation in
Hidalgo County; Texas Pollutant Discharge Elimination System Permit No.
13462-001; 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. (Steven Lopez, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 28. |
Docket No. 2002-0336-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Kingsville in
Kleberg County; Water Quality Permit No. 0010696-002; for water quality violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Edward R. Moderow, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 29. |
Docket No. 2000-0395-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Longview in
Greg County; TCEQ ID No. 10589-002; for water quality violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental
Quality. (Shannon Strong, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
|
ON SITE SEWAGE FACILITY AUTHORIZATION ENFORCEMENT
AGREED ORDER |
|
| Item 30. |
Docket No. 2002-1330-OSS-E. Consideration of an Agreed Order assessing
administrative penalties against Majid Asadifar dba Westwood Auto Parts in Fort
Bend County; On-Site Sewage Facility Permit No. 079072; for on-site sewage
facility violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code
ch. 7, and the rules of the Texas Commission on Environmental Quality, including
specifically 30 Texas Administrative Code ch. 60. (Subhash Jain, Mac Vilas) |
| |
| Issue agreed order, RH/KW. All Agree |
|
| |
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
|
| Item 31. |
Docket No. 2002-0422-PST-E. Consideration of an Agreed Order assessing
administrative penalties against C & R Distributing, Inc. in El Paso County; TCEQ
ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs.
7 and 26 and the rules of the Texas Commission on Environmental Quality. (Jill
Kelley, Mac Vilas) |
|
| Remanded to the Executive Director |
| |
| Item 32. |
Docket No. 2002-0760-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Metro Stores, Inc. dba Antoine Chevron in Harris
County; Petroleum Storage Tank Facility ID No. 0074381; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Catherine Sherman, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 33. |
Docket No. 2002-1309-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Advance Petroleum Distributing Company,
Incorporated in Tarrant County; TCEQ Facility ID No. None; RN No. 102485877;
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., Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 34. |
Docket No. 2002-0978-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Flash Mart Stores, Inc. dba Sylvan Texaco in
Dallas County; Petroleum Storage Tank ID No. 0072629 ; 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, including specifically
30 Texas Administrative Code ch. 60. (J. Craig Fleming, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 35. |
Docket No. 2002-1010-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Grady Crawford Construction Company, Inc. in
Gregg County; Petroleum Storage Tank Facility ID No. 41086; 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, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 36. |
Docket No. 2002-1361-PST-E. Consideration of an Agreed Order assessing
administrative penalties against La Lomita Transport Company, Inc. in Starr
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, including specifically 30 Texas Administrative Code ch. 60. (Sandra
Hernandez Alanis, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 37. |
Docket No. 2001-1486-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Lytle Quik-Stop Corp. dba Lytle Fast Stop and
Terry Giannas dba Lytle Quik-Stop in Atascosa County; Petroleum Storage Tank
Facility ID No. 0072533; for petroleum storage tank violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality.
(Todd Huddleson, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 38. |
Docket No. 2003-0072-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Craig and Tina Robin dba Lakeview Hardware
and Grocery in Orange County; Petroleum Storage Tank Facility ID No. 0074677;
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. (John Barry, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 39. |
Docket No. 2002-0709-PST-E. Consideration of an Agreed Order assessing
administrative penalties against P.M. Fuel Service, Incorporated in Dallas County;
TCEQ ID No. None; for petroleum storage tank violations pursuant to Texas Water
Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality.
(Robin Chapman, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 40. |
Docket No. 2001-1156-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Dr Pepper Bottling Company of Texas dba Big
Red/Seven Up Bottling Company of South Texas in Nueces County; Petroleum
Storage Tank Facility ID No. 47841; for petroleum storage tank violations pursuant to
the Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Rebecca Nash Petty, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 41. |
Docket No. 2002-0641-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Pilkington's Big Tex Oil Distributors, Inc. in Bell
County; Common Carrier ID No. WA00017; 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. (Troy D.
Nelson, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
|
| Item 42. |
Docket No. 2002-0845-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Pilkington's Big Tex, Inc. in Bell County; TCEQ
PST ID Nos. 11564 and 46789; 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. (Troy D. Nelson, Mac
Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 43. |
Docket No. 2001-1010-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Saba Nassif dba OST Chevron in Harris County;
TCEQ PST ID No. 0029293; for petroleum storage tank violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental
Quality. (Troy D. Nelson, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
|
| Item 44. |
Docket No. 2001-1065-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Brant-Sta, Inc. dba Max-A-Mart in Rains County;
TCEQ PST Facility ID No. 60014; for petroleum storage tank violations pursuant to
Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Lisa Lemanczyk, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 45. |
Docket No. 2002-1195-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Desert Hills, L.P. dba Desert Hills Carwash &
Convenience Store in El Paso County; Petroleum Storage Tank Facility ID No.
0073172; 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. (Bradley Brock, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
|
|
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER |
|
| Item 46. |
Docket No. 2001-0336-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Calderon Enterprises,
Incorporated in Dallas County; TCEQ ID No. 0015578; for petroleum storage tank
violations pursuant to the Tex. Water Code ch. 7, Tex. Health & Safety Code ch. 382,
and the rules of the Texas Commission on Environmental Quality. (Shannon Strong,
Mac Vilas) |
|
| Issue default order, RH/KW. All Agree |
|
|
PETROLEUM STORAGE TANK MOTION TO VACATE ENFORCEMENT
DEFAULT ORDER AND SUBSTITUTE AGREED ORDER |
|
| Item 47. |
Docket No. 2002-0557-PST-E. Consideration of a Motion to Vacate the Default
Order and substitute the Agreed Order and the Agreed Order assessing administrative
penalties against Proton PRC, Ltd. in Henderson County; TCEQ ID No. None; for
petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code
and the rules of the Texas Commission on Environmental Quality. (David Speaker,
Mac Vilas) |
|
| Grant motion to vacate and substitute agreed order and adopt agreed order, RH/KW. All Agree |
| |
|
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
|
| Item 48. |
Docket No. 2000-0920-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Darryl Winstead and
Marjorie Winstead dba San Gabriel Water Works and Indian Springs Water
Works in Travis and Williamson Counties; Public Water System Nos. 2460046 and
2270210; for drinking water quality violations pursuant to Tex. Health & Safety Code
ch. 341 and the rules of the Texas Commission on Environmental Quality. (Brian
Lehmkuhle, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 49. |
Docket No. 2002-0848-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Allen Watts dba Lago Vista
Water Supply in Guadalupe County; TCEQ PWS ID No. 0940029; for public
drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro, Mac Vilas) |
|
| Continued to August 6th Agenda |
|
| Item 50. |
Docket No. 2002-0774-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Carlos Flores dba Del Rio Fisherman's
Headquarters in Val Verde County; TCEQ PWS ID No. 2330016; for public
drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Commission on Environmental Quality, including specifically 30 Tex.
Admin. Code ch. 60. (Benjamin de Leon, Sunday Udoetok) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 51. |
Docket No. 2001-0138-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against A.D. Stenger dba Ridgewood Village Water
System in Travis County; TCEQ PWS ID No. 2270015; for public drinking water
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Commission on Environmental Quality. (Darren Ream, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
|
| Item 52. |
Docket No. 2001-1379-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Walter J. Carroll Water
Company, Inc. at Emerald Forest, Grande Casa, Spanish Grant, and Lakeview
Ranchettes in Ellis County; TCEQ PWS ID Nos. 0700057, 0700058, 0700063, and
0700064; CCN No. 11543; for public drinking water violations pursuant to Tex.
Health & Safety Code ch. 341 and the rules of the Texas Commission on
Environmental Quality. (Lisa Lemanczyk, Mac Vilas) |
|
| Issue agreed order, RH/KW. All Agree |
| |
|
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER |
| |
| Item 53. |
Docket No. 2002-0374-PWS-E. Consideration of a Default Order assessing
administrative penalties against ABF, Inc. dba Clearwater Distribution in Harrison
County; TCEQ PWS ID No. 1020063; for public drinking water violations pursuant
to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on
Environmental Quality. (Troy D. Nelson, Mac Vilas) |
|
| Continued to August 6, 2003, RM/RH. All Agree |
|
| |
MODIFY, AFFIRM, OR SET ASIDE EMERGENCY ORDERS |
|
| Item 54. |
Docket No. 2003-0697-UCR. Consideration of whether to affirm, modify or set aside
an Emergency Order requiring the City of Donna (Donna) in Hidalgo County,
Texas, to continue to provide continuous and adequate water and sewer service to
Victoria Palms Resort, Inc., (VPR) pursuant to Texas Water Code Section
13.041(d)(1) and Title 30, Section 291.14(a)(1) of the Texas Administrative Code.
The Commission considered VPR's application at an emergency agenda meeting on
June 27, 2003, and issued an Emergency Order requiring Donna to reinstate water and
sewer service to VPR. The Emergency Order expires on July 27, 2003, unless
extended. (Todd Burkey, Sheresia Perryman) |
|
| Affirm and modify the emergency order to extend it to 150 days, and instructed staff to fast track
application, RM/KW. All Agree |
|
| Item 55. |
Docket No. 2003-0604-MLM-E. Consideration of whether to Modify, Affirm, or Set
Aside an Emergency Order issued on June 23, 2003 by the Executive Director of the
Texas Commission on Environmental Quality pursuant to Tex. Water Code sections
5.501(c)(1), 5.507, and 13.4132 to address the abandonment of a retail public utility
(Utility) by V V Water Supply System, Inc., located on the north side of
Farm-to-Market 426, 3 miles east of loop 288, Denton, Denton County, Texas; TCEQ
PWS No. 00610052; CCN No. 11524; to ensure continued operation of the Utility;
and to provide continuous and adequate service to customers. The Emergency Order
appointed Joe Mulroy as temporary manager of the Utility. (Robert Hernandez) |
|
| Affirm the Emergency Order, RH/RM. All Agree |
|
| |
RULE MATTERS |
|
| Item 56. |
Docket No. 2003-0080-RUL. Consideration for adoption of the repeal of Sections
122.131 and 122.511 - 122.516 in 30 TAC Chapter 122, Federal Operating Permits
Program; and approval of the inclusion of previously adopted Section 122.217 in the
Texas state implementation plan (SIP). |
|
|
The adoption would repeal Sections 122.131 and 122.511 - 122.516, which are
obsolete requirements for the phased permit process and industry and county-specific
general operating permits. The commission action also would approve the submission
to the United States Environmental Protection Agency of the previously adopted
Section 122.217 to be included in the SIP. The proposed rules were published in the
March 21, 2003 issue of the Texas Register (28 TexReg 2466). (Beryl Thatcher,
Terry Salem, Debra Barber) (Rule Log No. 2002-056-122-AI) |
|
| Adopt amendments to 30 TAC Chap 122 and approve the inclusion of previously adopted Section
122.217 in the Texas state implementation plan (SIP), RH/KW. Marquez absent from dais. |
|
| Item 57. |
Docket No. 2003-0619-RUL. Consideration for publication of, and hearing on,
proposed amended Section 290.108, Radionuclides Other than Radon, of 30 TAC
Chapter 290, Public Drinking Water. The proposed amendment would limit the
level of uranium in water supplied by community public water systems and would
revise the monitoring requirements for combined radium-226 and radium-228, gross
alpha particle radioactivity, and beta and photon radioactivity. (Tony Bennett, John
Deering, Ray Austin) (Rule Log No. 2001-022-290-WT) |
|
| Continued for 1 year, KW/RM. All Agree |
| |
| Item 58. |
Docket No. 2003-0588-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 the minimum capacity requirements for
public water system facilities and adopt a performance standard for the laboratories at
surface water treatment plants. (Jack Schulze, Geoff Kirshbaum, Ray Austin) (Rule
Log No. 2003-013-290-WT) |
|
| Reposted as Item No. 65 |
| |
| Item 59. |
Docket No. 2003-0309-RUL. Consideration of the adoption of amended Sections
213.3 and 213.5 of 30 TAC Chapter 213, Edwards Aquifer. |
|
|
The adoption 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. The proposed
rules were published in the May 2, 2003 issue of the Texas Register (28 TexReg
3700). (Julie Talkington, John Williams, Michael Bame) (Rule Log No.
2001-051A-213-WT) |
|
| Approve adoption of amendments 30 TAC Chapter 213, Edward Aquifer, RM/RH. White absent from
dais. |
| |
| Item 60. |
Docket No. 2003-0305-RUL. Consideration of the adoption of amended Sections
312.8, 312.50, and 312.64 of 30 TAC Chapter 312, Sludge Use, Disposal, and
Transportation; and amended Sections 321.32, 321.35, 321.39, 321.55, 321.252,
321.255, 321.271, and 321.274 of 30 TAC Chapter 321, Control of Certain Activities
by Rule. |
|
|
The adoption 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. Article 3271b
also allows certain specified engineers to publicly practice geoscience. The proposed
rules were published in the May 16, 2003 issue of the Texas Register (28 TexReg
3919). (Michael Chadwick, John Williams, Michael Bame) (Rule Log No.
2001-051C-312-WS) |
|
| Approve adoption of 30 TAC Chap 312, Sludge Use, Disposal, and Transportation, RM/RH. White
absent from dais. |
| |
| Item 61. |
Docket No. 2002-1423-RUL. Consideration of the adoption of 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 adoption would implement Texas Water Code, Section 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 adopted 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. The proposed rules were published in the March 7, 2003 issue of the
Texas Register (28 TexReg 2023). (Chris Brown, David Guarino, Dan Joyner, Kathy
Ramirez) (Rule Log No. 2001-072-090-AD) |
|
| Approve adoption of 30 TAC Chap 90, Regulatory Flexibility and Environmental Management
Systems, RH/RM. All Agree |
|
| Item 62. |
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. |
|
| Did Not Meet in Executive Session |
|
| Item 63. |
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. |
|
| Did Not Meet in Executive Session |
| |
| Item 64. |
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. |
|
| Did Not Meet in Executive Session |
|
| (PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TCEQ AGENDA AND WHO
MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS
WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE
REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512)
239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT
APPROPRIATE ARRANGEMENTS CAN BE MADE.) (PERSONS WHO DESIRE THE
ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL
PRESENTATION AT THIS TCEQ AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN
THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS
PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.) |
|
| 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. |