Kathleen White
Ralph Marquez
Larry Soward
OLD BUSINESS AGENDA
Wednesday, February 25, 2004
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDER
Continued from the December 17, 2003 and January 28, 2004 agendas.
Item 1. Docket No. 2002-0981-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of HMW Special Utility District dba Kipling Oaks Section 1 in Montgomery County; TCEQ ID No. 1700228; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341, Texas Water Code chs. 7 and 13, and the rules of the Texas Commission on Environmental Quality. (Lindsay Andrus, Miriam Hall)
Approve the agreed order. KW/LS; all agree.
AGENDA
Wednesday, February 25, 2004
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S
HEARING REQUESTS
Item 1. Docket No. 2003-1525-AIR. Consideration of application by Genpak, L.L.C., (Genpak) for renewal of Air Quality Permit No. 16965 to authorize the continued operation of its polystyrene foam manufacturing facility. The existing facility is located at 1101 West Harrison Road, Longview, Gregg 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. (Louise Ngo/Daniel Long)
Deny the hearing request as a matter of law, adopt the ED's response to comments and grant the permit. KW/RM; all agree.
Item 2. Docket No. 2003-1412-UIC. Consideration of applications by E. I. du Pont de Nemours and Co., Inc., for renewal of permits for three existing Underground Injection Control wells WDW-100, WDW-101 and WDW-188, which authorizes the continued disposal of industrial hazardous waste. The facility is located on Highway 347, approximately two miles southeast of the intersection of Highway 69S and Highway 347 and approximately six miles southeast of Beaumont, Jefferson County, Texas. The commission will also consider requests for hearing and related responses and replies, public comment and the Executive Director’s Responses to Comments. (Johnny Williamson/Susan White)
Grant the hearing request, refer the matter to ADR for a period of 4-6 weeks, refer to SOAH for a maximum period of 9 months. LS/RM; all agree.
Item 3. Docket No. 2003-1581-UIC. Consideration of applications by E. I. du Pont de Nemours and Co., Inc., for 4 proposed Underground Injection Control wells WDW-388, WDW-389, WDW-390 and WDW-391, which would authorize the disposal of industrial hazardous waste. The facility is located on Highway 347, approximately two miles southeast of the intersection of Highway 69S and Highway 347 and approximately six miles southeast of Beaumont, Jefferson County, Texas. The commission will also consider requests for hearing and related responses and replies, public comment and the Executive Director’s Responses to Comments. (Johnny Williamson/Susan White)
Grant the hearing request, refer the matter to ADR for a period o 4-6 weeks, refer to SOAH for a maximum period of 9 months. LS/RM; all agree.
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 4. Docket No. 2003-1125-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Koch Pipeline Company L.P. in Tarrant County; Air Account No. TA-1222-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 Texas Administrative Code ch. 60. (Judy Fox, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 5. Docket No. 2003-0682-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Teppco Crude Oil, L.P. in Austin County; Air Account Number AH-0087-R; 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. (Edward R. Moderow, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 6. Docket No. 1995-0386-AIR-E. Consideration of an Order to Terminate Agreed Order of Equistar Chemicals, L.P., formerly known as Occidental Chemical Corporation in Nueces County; TCEQ ID No. NE-0051-B; for air quality violations pursuant to the Tex. Health & Safety Code ch. 382 and the rules of the Texas Commission on Environmental Quality. (Rebecca Nash Petty, Brian Lehmkule)
Approve the order to terminate. RM/KW; all agree.
Item 7. Docket No. 2003-0519-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Valero Refining-Texas, L.P. in Harris County; Air Account No. HG-0130-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. (Rebecca Johnson, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 8. Docket No. 2003-0190-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Calidad Environmental Services, Inc. in Bexar County; Solid Waste Registration No. 86032 and TCEQ ID Nos. F1575 and F1576; 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, including specifically 30 Texas Administrative Code ch. 60. (Tom Greimel, Brian Lehmkuhle )
Approve the agreed order. RM/KW; all agree.
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 9. Docket No. 2002-1028-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ConocoPhillips Company in Brazoria County; TCEQ Water Quality Permit No. 00721; 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. (Michael Meyer, Brian Lehmkuhle)
Item remanded to the Executive Director.
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 10. Docket No. 2003-0366-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Federal Bureau of Prisons in Jefferson County; Regulated Entity No. 102909090; 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. (Laura Clark, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 11. Docket No. 2003-0396-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Ore City in Upshur County; Texas Pollutant Discharge Elimination System Permit No. 10241-001 (Expired); for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Elvia Maske, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 12. Docket No. 2001-0590-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Fort Hancock Water Control and Improvement District in Hudspeth County; TCEQ ID No. 11173-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Qualtiy. (Darren Ream, Bryan Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 13. Docket No. 2002-1120-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The City of San Augustine in San Augustine County; Texas Pollutant Discharge Elimination System (TPDES) Permit No. 0010268-001; 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. (John Barry, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 14. Docket No. 2003-0915-PST-E. Consideration of an Agreed Order assessing administrative penalties against Melissa Rogers dba Bob's Town & Country Market in Van Zandt County; Petroleum Storage Tank Facility ID No. 49214; 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. (Elvia Maske, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 15. Docket No. 2003-0854-PST-E. Consideration of an Agreed Order assessing administrative penalties against Budget Rent-A-Car of El Paso, Inc. in El Paso County; Petroleum Storage Tank Facility ID No. 22651; 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. (Mauricio Olaya, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 16. Docket No. 2003-0816-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of C.W. & A., Inc. in Victoria County; Petroleum Storage Tank Facility ID No. 9942; 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. (Audra Baumgartner, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 17. Docket No. 2003-1014-PST-E. Consideration of an Agreed Order assessing administrative penalties against Michael C. Barrilleaux dba C&M Patton Village Grocery in Montgomery County; Petroleum Storage Tank Facility ID No. 0033827, Regulated Entity ID No. RN102046232 ; 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. (J. Craig Fleming, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 18. Docket No. 2003-0807-PST-E. Consideration of an Agreed Order assessing administrative penalties against Crockett Farm & Fuel Center, Inc. in Houston County; Petroleum Storage Tank Facility ID No. 704; 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. (Rebecca Johnson, Brian Lehmkuhle)
Item remanded to the Executive Director.
Item 19. Docket No. 2003-0881-PST-E. Consideration of an Agreed Order assessing administrative penalties against the City of Galveston in Galveston County; Petroleum Storage Tank Facility ID No. 1251; 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. (Lawrence King, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 20. Docket No. 2003-0813-PST-E. Consideration of an Agreed Order assessing administrative penalties against Ki Chong Dorsey dba Sun Coast Food Market in Harris County; Petroleum Storage Tank Facility ID No. 20484; 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. (Kimberly Morales, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 21. Docket No. 2003-1002-PST-E. Consideration of an Agreed Order assessing administrative penalties against Rakesh Kumar Jain dba Sea Isle Supermarket in Galveston County; Petroleum Storage Tank Facility ID No. 0046589, Regulated Entity Reference No. 102849981; 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. (Shontay Wilcher, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 22. Docket No. 2003-0796-PST-E. Consideration of an Agreed Order assessing administrative penalties against Pirzada, Inc. in Harris County; Petroleum Storage Tank Facility ID No. 0030587, Regulated Entity Reference No. RN101867356; 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. (Suzanne Walrath, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 23. Docket No. 2003-0989-PST-E. Consideration of an Agreed Order assessing administrative penalties against Richard Zaid dba Papa's Food Mart in Harris County; Petroleum Storage Tank Facility ID No. 1991; 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. (Christina McLaughlin, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 24. Docket No. 2003-0863-PST-E. Consideration of an Agreed Order assessing administrative penalties against David S. Smonko d.b.a. Lakeway Exxon in Bell County; Petroleum Storage Tank Facility ID No. 43177, Regulated Entity ID No. 102873304; 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. (Rick Ciampi, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 25. Docket No. 2003-1278-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kason Automatic Transmission, Inc. in Bowie County; Petroleum Storage Tank Facility No. 43615, RN101869717; 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. (Todd Huddleson, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 26. Docket No. 2003-1146-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Metro Suppliers, Inc. dba Great Hills Texaco in Travis County; Petroleum Storage Tank Facility ID No. 59555; 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. (Michael Limos, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 27. Docket No. 2003-1093-PST-E. Consideration of an Agreed Order assessing administrative penalties against Saab Petroleum Corporation dba Gordon’s Chevron in Brazoria County; Petroleum Storage Tank Facility ID No. 68761; 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. (Michael Limos, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 28. Docket No. 2003-1142-PST-E. Consideration of an Agreed Order assessing administrative penalties against Food Fast Corporation formerly Food Fast Holdings, Ltd. in Smith County; Petroleum Storage Tank Facility ID No. 0000883; Regulated Entity Reference No. RN103031548; 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. (Lori Thompson, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 29. Docket No. 2003-0345-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mohammad Salman dba Stop N Drive in Montgomery County; TCEQ ID No. 0014581; 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. (Lindsay Andrus, Lisa Lemanczyk)
Approve the agreed order. RM/KW; all agree.
Item 30. Docket No. 2002-0738-PST-E. Consideration of an Agreed Order assessing administrative penalties against Palm Valley Distributing Company in Hidalgo County; TCEQ ID No. 73589; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Lindsay Andrus, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 31. Docket No. 2001-0802-PST-E. Consideration of an Agreed Order assessing administrative penalties against Ideal Gas, Inc. and Ideal Gas, Inc. dba M&M Grocery in Hockley and Cochran Counties; TCEQ ID Nos. 58526 and 19912; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Lindsay Andrus, Brian Lehmkuhle)
Item remanded to the Executive Director.
Item 32. Docket No. 2002-0680-PST-E. Consideration of an Agreed Order assessing administrative penalties against Car Shine, Inc. dba Copperfield Car Wash in Harris County; TCEQ ID No. 0060388; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Benjamin J. de Leon, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 33. Docket No. 2001-1354-PST-E. Consideration of an Agreed Order assessing administrative penalties against Northwest Petroleum, LP in Williamson and Travis Counties; TCEQ ID Nos. 69454 and 71238; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Kelly W. Mego, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 34. Docket No. 2003-0783-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kassam Memenji dba Sunrise Grocery 1 in Chambers County; Petroleum Storage Tank Facility ID No. 0003912; 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. (Cheryl Thompson, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 35. Docket No. 2003-0873-PST-E. Consideration of an Agreed Order assessing administrative penalties against Craig E. Adams dba Circle M 2 in Harris County; Petroleum Storage Tank Facility ID No. 33791; 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., Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS
Item 36. Docket No. 2003-1268-PWS-E. Consideration of an Agreed Order assessing administrative penalties against the City of Beeville in Bee County; Public Water Supply ID No. 0130001; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (John Schildwachter, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 37. Docket No. 2002-0280-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sonora Investments, LLC dba Sonora Industrial Park in Sutton County; TCEQ ID No. 2180004; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
Item 38. Docket No. 2003-1162-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Amir Saif dba Sun Power Travel Plaza in Denton County; Public Water Supply ID No. 0610239; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (John Schildwachter, Brian Lehmkuhle)
Item remanded to the Executive Director.
Item 39. Docket No. 2003-0574-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mustang Valley Water Supply Corporation in Bosque County; Public Water Supply No. 0180038; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of Texas Commission on Environmental Quality. (David Van Soest, Brian Lehmkuhle)
Approve the agreed order. RM/KW; all agree.
STORM WATER ENFORCEMENT AGREED ORDER
Item 40. Docket No. 2003-1359-WQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Contractor's Supplies, Inc. in Gregg County; National Pollutant Discharge Elimination System General Permit No. TXG110197, Regulated Entity Reference No. RN100249556; 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, Brian Lehmkuhle)
Item remanded to the Executive Director.
WATER RIGHT ENFORCEMENT AGREED ORDER
Item 41. Docket No. 2003-0350-WR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of EBCO Land Development, Ltd. in Montgomery County; Water Rights Permit No. 5694; for water rights violations pursuant to Tex. Water Code ch. 11 and the rules of the Texas Commission on Environmental Quality. (Catherine Albrecht, Brian Lehmkuhle)
Item continued to the April 28, 2004 agenda.
RULE MATTERS
Item 42. Docket No. 2003-0747-RUL. Consideration of the adoption of the quadrennial review of 30 TAC Chapter 261 and the resulting adoption of the repeal of Sections 261.1 - 261.6 and 261.21 - 261.23.
Texas Government Code, Section 2001.039, requires state agencies to review and consider for readoption each of their rules every four years. The quadrennial review of Chapter 261 fulfills this requirement. The proposed rules review was published in the November 21, 2003 issue of the Texas Register (28 TexReg 10515).
The resulting adopted rulemaking repeals all sections of Chapter 261. The proposed rules were published in the November 21, 2003 issue of the Texas Register (28 TexReg 10420). (Kathy Brown, Emily Barrett) (Rule Project Nos. 2003-035-261-WT and 2003-052-261-WT)
Adopt the quadrennial review with the ED's recommendations. RM/LS; all agree.
Item 43. Docket No. 2003-1490-RUL. Consideration for publication of proposed amended Sections 288.1 - 288.5, 288.20 - 288.22, and 288.30 of 30 TAC Chapter 288, Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements.
This rulemaking would implement House Bill 2660, 78th Legislature, Regular Session, 2003, which amended Texas Water Code, §11.1271, to require that certain existing surface water right holders and future surface water right applicants include specific and quantified five-year and ten-year targets for water savings within their water conservation plans by May 1, 2005. This rulemaking will also implement House Bill 2663, 78th Legislature, Regular Session, 2003, which amended Texas Water Code, §11.1272, to establish target quantifiable goals for drought contingency plans of wholesale and retail public water suppliers and irrigation districts by May 1, 2005. (Bill Billingsley, Kathy Brown, Kathy Ramirez) (Rule Project No. 2004-004-288-WT)
Item continued to the April 7, 2004 agenda.
Item 44. Docket No. 2003-0587-RUL. Consideration of the adoption of the amendments to 30 TAC Chapter 37, Financial Assurance, Section 37.6001 and Section 37.6021; and new Sections 335.580 - 335.594 of Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste.
The adoption would implement House Bill 2554, 78th Legislature, Regular Session, 2003, by establishing specific requirements for financial assurance, location, design, construction, and operation of certain commercial industrial nonhazardous solid waste landfills. The proposed rules were published in the September 5, 2003 issue of the Texas Register (28 TexReg 7623). (David Murry, Susan White, Ray Austin) (Rule Project No. 2002-052-335-WS)
Adopt the new and amended sections of 30 TAC Chapters 37 and 335, with the ED's recommended change to be incorporated as a design criteria that allows the use of engineering controls to be substituted to achieve equivalent protection with ED approval. RM/KW; all agree.
EXECUTIVE SUMMARY
Item 45. 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.
No action taken.
Item 46. 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.
No action taken.
Item 47. 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.
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 THE AGENDA
Wednesday, February 25, 2004
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
9:30 a.m..
12100 Park 35 Circle
Bldg E, Room 201S
Item 48. Docket No. 2004-0180-RUL. Consideration for publication of, and hearing on, proposed amended Sections 321.31, 321.32, 321.33, 321.34, 321.35, 321.36, 321.37, 321.38, 321.39, 321.40, 321.41, 321.42, 321.43, 321.44, 321.45, 321.46, and 321.47, and the proposed repeal of Sections 321.48 and 321.49 from 30 TAC Chapter 321, Control of Certain Activities by Rule, Subchapter B, Concentrated Animal Feeding Operations.
The proposed rulemaking would amend Chapter 321, Subchapter B, including proposals to reorganize existing requirements; incorporate the new federal concentrated animal feeding operation (CAFO) regulations; include Texas Pollutant Discharge Elimination System general requirements for CAFOs; include requirements for dairy CAFOs in a major sole-source impairment zone; amend the air quality standard permit; and provide authorization for animal feeding operations that are not defined or designated as CAFOs. (Darrell Williams, Guy Henry, Kathy Ramirez) (Rule Project No. 2003-026-321-WT)
Approve publication of, and hearing on, 30 TAC Chapter 321, with the change to the preamble offered by Commissioner Marquez, the four rule language changes offered by Chairman White, and the ED's revisions to Sections 321.33 and 321.42. In addition, the Commission directed staff to adopt the corresponding General Permit by July 27, 2004. KW/LS; all agree.
OLD BUSINESS AGENDA
Wednesday, February 25, 2004
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
1:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S
Item continued from agendas of June 18, 2003, July 23, 2003, September 10, 2003, October 22, 2003, November 19, 2003, and January 28, 2004.
Item 1. TCEQ Docket No. 2002-0834-UCR; SOAH Docket No. 582-02-3838. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of the City of Southlake to amend its water Certificate of Convenience and Necessity No. 10101 and decertify a portion of AquaSource Utility, Inc.'s water Certificate of Convenience and Necessity No. 11157 in Denton County.
Re-posted as Item # 4.
AGENDA
Wednesday, February 25, 2004
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
1:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S
Item 1. TCEQ Docket No. 2002-1327-UCR; SOAH Docket No. 582-03-1741. Consideration of the Administrative Law Judge’s Proposal for Decision and Order regarding the application of Robert M. Smith dba Romark Utility Company for a cease and desist order pursuant to rules of the Texas Commission on Environmental Quality in 30 TAC Chapter 291. The applicant’s water utility service area is located in Polk County. The Commission will also consider related filings, exceptions and replies.
Adopt the ALJ's PFD. RM/KW; all agree.
Item 2. TCEQ Docket No. 2001-0847-PST-E; SOAH Docket No. 582-03-2337. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties against Coastal Transport Company, Inc. in Orange, Bexar, Collin, Jim Wells, Nueces, Harris, and Midland Counties, Texas; TCEQ ID 44519; regarding Petroleum Storage Tank violations pursuant to Texas Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality.
Adopt the ALJ's Revised Proposed Order. KW/RM; all agree.
Item 3. TCEQ Docket No. 2002-0735-PWS-E; SOAH Docket No. 582-03-3360. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties against Afton Park Civic Improvement Association dba Afton Park Water System in Montgomery County, Texas; TCEQ ID No. 1700147; regarding Public Water Supply violations pursuant to Texas Health and Safety Code Ch. 341 and the rules of the Texas Commission on Environmental Quality.
Adopt the ALJ's Proposed Order as revised, but also include a waiver of the penalty due to extenuating circumstances and because problem is resolved. RM/KW; all agree.
Item 4. TCEQ Docket No. 2002-0834-UCR; SOAH Docket No. 582-02-3838. Consideration of the Administrative Law Judge’s Proposal for Decision and Order regarding the application of the City of Southlake to amend its water Certificate of Convenience and Necessity No. 10101 and decertify a portion of Aquasource Utility, Inc.’s water Certificate of Convenience and Necessity No. 11157 in Denton County; and consideration of a request for Commission approval of a contract pursuant to Section 13.248 of the Texas Water Code between the City of Southlake, water Certificate of Convenience and Necessity No. 10101, and AquaSource, water Certificate of Convenience and Necessity No. 11157, designating service areas in Denton County.
Adopt the ALJ's proposed order issuing Southlake's amended CCN including the 09/03/2003 revisions by the ALJ; delete from the order findings of fact #24, 26-28, 33-41, 44, 49-56 and conclusions of law 5-8; and add a new conclusion of law that Southlake is capable of providing continuous and adequate service to all areas it proposes to serve in its CCN amendment application. The Commission also approved the settlement agreement between Southlake and Aquasource and instructed that the settlement agreement be incorporated into the order by reference.