Kathleen Hartnett White
Ralph Marquez
Larry Soward
OLD BUSINESS AGENDA
Wednesday, April 28, 2004
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S
Continued from the February 25, 2004 agenda.
Item 1. 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)
Approve agreed order. RM/KW; all agree.
AGENDA
Wednesday, April 28, 2004
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S
HEARING REQUESTS
Item 1. Docket No. 2003-1524-AIR. Consideration of application by the City of Waco for renewal of Air Quality Permit 22237 to authorize the continued operation of the Sludge Drying Facility serving the Waco Metropolitan Area Regional Sewage System. The facility is located on FM RD 434, 0.5 MI South of Loop 340, in Waco, McLennan 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. (Maria Garcia /Garrett Arthur)
Deny the hearing request as a matter of law, adopt the Executive Director’s Response to Comments, and approve the permit. KW/RM; all agree.
Item 2. Docket No. 2004-0049-AIR. Consideration of application by Asarco Incorporated for renewal of Air Quality Permit No. 20345 to authorize the continued operation of its Primary Copper Smelter. The facility is located at 2301 W. Paisano Drive, in El Paso, El Paso 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. (Dan Long/Skip Clark)
Refer the application to the SOAH for a public hearing in the public interest under Chapter 5 of the Texas Water Code, with the burden of proof being on the applicant, for a duration of 9 months with the hearing held in El Paso. The Commission named as parties the Applicant, the Executive Director, OPIC, and the City of El Paso, and referred to the SOAH the following two Issues: (1) Would the operation of the facility cause or contribute to a condition of air pollution; and (2) Whether the applicant's compliance history for the last five years of the facility's operation warrant renewal of the permit. KW/LS; RM oppose.
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 3. Docket No. 2002-0888-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Atofina Petrochemicals, Inc. in Jefferson County; Air Account No. JE-0005-H and Air Permit Nos. 2347A, 18936/PSD-TX-762M2, 20381/PSD-TX-1005 and N-044 and 46396; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Laura Clark, Sushil Modak)
Approve agreed order. KW/RM; all agree.
Item 4. Docket No. 2002-1051-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Atofina Petrochemicals, Inc. in Jefferson County; Air Account No. JE-0005-H, and Air Permit Nos. 18936/PSD-TX-762M2, 9193A/PSD-TX-453M6, and 20381/PSD-TX-1005 and N-044; 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, Sushil Modak)
Approve agreed order. KW/RM; all agree.
Item 5. Docket No. 2003-0947-AIR-E. Consideration of an Agreed Order assessing administrative penalties against The Dow Chemical Company in Brazoria County; Air Account No. BL-0082-B; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (John Barry, Sushil Modak)
Continued to May 12, 2004 agenda.
Item 6. Docket No. 2003-1391-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Tri-Union Development Corporation in Brazoria County; RN103904959; 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. (Craig Carson, Sushil Modak)
Approve agreed order. KW/RM; all agree.
Item 7. Docket No. 2003-1223-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Western Gas Resources, Inc. in Upton County; Air Account No. UB-0009-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. (Sandy VanCleave, Sushil Modak)
Approve agreed order. KW/RM; all agree.
Item 8. Docket No. 2002-0079-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Ransom Industries, L.P. dba Tyler Pipe Company in Smith County; TCEQ ID Nos. SK-0041-T, 01793, and 26516; for air 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. (Laurencia Fasoyiro, Lisa Lemanczyk)
Approve agreed order. KW/RM; all agree.
Item 9. Docket No. 2003-0028-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Varco, L.P. dba Tuboscope in Midland County; Air Account No. ML-0047-G, Regulated Entity Reference No. RN100825231; for air quality violations pursuant to Tex. Health & Safety Code chs. 341, 361, 370 and 382, 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. (Ronnie Kramer, Sushil Modak)
Approve agreed order. KW/RM; all agree.
Item 10. Docket No. 2003-0627-AIR-E. Consideration of an Agreed Order assessing administrative penalties against C & R Distributing, Inc. dba C & R Fuel Control #42 in El Paso County; Air Account No. EE-1271-D, Regulated Entity No. RN102478617; 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. (John Barry, Sushil Modak)
Approve agreed order. KW/RM; all agree.
AIR QUALITY ENFORCEMENT DEFAULT ORDER
Item 11. Docket No. 2002-1410-AIR-E. Consideration of a Default Order assessing administrative penalties against Pedro Castrellon dba Paca's Body Shop in Ector County; TCEQ ID No. EB-0983-E; 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, Sushil Modak)
Approve default order. KW/RM; all agree.
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 12. Docket No. 2001-0768-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Longview Brass & Aluminum Co., W.G. Coley, Jr., and Alton Coley in Gregg County; TCEQ ID No. 83214; for industrial and hazardous waste violations pursuant to the Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Rebecca Nash Petty, Lisa Lemanczyk)
Approve agreed order. KW/RM; all agree.
MULTI-MEDIA MATTER ENFORCEMENT AGREED ORDER
Item 13. Docket No. 2003-1149-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Conner Steel Products Inc. in Tom Green County; TPDES Storm Water General Permit Registration No. TXR05P061 and Solid Waste Registration No. 80773; for water quality and industrial & hazardous waste violations pursuant to Tex. Health & Safety Code ch. 361, 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. (Terry Murphy, Sushil Modak)
Approve agreed order. KW/RM; all agree.
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 14. Docket No. 2003-0486-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Juan Pareida in Cameron County; Municipal Solid Waste Unauthorized Site No. 455150060, TCEQ Regulated Entity Reference No. RN102643343; 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. (Steven Lopez, Sushil Modak)
Approve agreed order. KW/RM; all agree.
MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER
Item 15. Docket No. 1999-1482-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Brazosport Equipment & Rental, Inc. in Brazoria County; TCEQ ID No. 455120017; for municipal solid 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. (James P. Biggins, Lisa Lemanczyk)
Remand the matter to the Executive Director. RM/LS; all agree.
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 16. Docket No. 2003-1293-MWD-E. Consideration of an Agreed Order assessing administrative penalties against City of Alvarado in Johnson County; Texas Pollutant Discharge Elimination System Permit No. 10567-001, Regulated Entity No. RN101917334; 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. (Craig Fleming, Sushil Modak)
Approve agreed order. KW/RM; all agree.
Item 17. Docket No. 2003-0182-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tommy J. Thomas dba Deer Trail Mobile Home Park in Harris County; Texas Pollutant Discharge Elimination System Permit No. 12919-001; 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. (Pamela Campbell, Sushil Modak)
Remanded to the Executive Director.
Item 18. Docket No. 2002-1266-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Matagorda County dba Midfield Community Wastewater Treatment Facility in Matagorda County; Texas Pollutant Discharge Elimination System Permit No. 13091-001; 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. (Catherine Albrecht, Sushil Modak)
Approve agreed order. KW/RM; all agree.
Item 19. Docket No. 2003-0074-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Mart in McLennan County; Texas Pollutant Discharge Elimination System Permit No. 0010645-001, Regulated Entity Reference No. RN102079274; 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. (A. Sunday Udoetok, Sushil Modak)
Approve agreed order. KW/RM; all agree.
ON SITE SEWAGE FACILITY AUTHORIZATION ENFORCEMENT DEFAULT ORDER
Item 20. Docket No. 2002-1216-OSS-E. Consideration of a Default Order assessing administrative penalties against Ernie Pettit in Hunt County; TCEQ ID No. 6237; for on-site sewage installer violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Benjamin J. de Leon, Sushil Modak)
Approve default order. KW/RM; all agree.
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 21. Docket No. 2003-0835-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of A.C.S.S. Dallas Industrial, Incorporated in Dallas County; Petroleum Storage Tank Facility ID No. 10082; 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., Sushil Modak)
Approve agreed order. KW/RM; all agree.
Item 22. Docket No. 2003-0885-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Forrest Glenn Cook dba Glenn Cook Texaco in Harris County; Petroleum Storage Tank Facility ID No. 0026727, Regulated Entity Reference No. RN102717279; 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. (Ronnie Kramer, Sushil Modak)
Approve agreed order. KW/RM; all agree.
Item 23. Docket No. 2003-1286-PST-E. Consideration of an Agreed Order assessing administrative penalties against Frontier Tank Lines, Inc. in Dallas County; Regulated Entity No. 103041760; 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, Sushil Modak)
Approve agreed order. KW/RM; all agree.
Item 24. Docket No. 2003-1171-PST-E. Consideration of an Agreed Order assessing administrative penalties against Alyan Inc. dba Stop N Drive 22 in Orange County; Petroleum Storage Tank Facility ID No. 43542; 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. (Sandy VanCleave, Sushil Modak)
Remanded to the Executive Director.
Item 25. Docket No. 2003-0908-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Air Liquide America L.P. in Harris County; Petroleum Storage Tank Facility ID No. 46364, Regulated Entity ID No. RN100233998; 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. (Bill Davis, Sushil Modak)
Continue to May 26, 2004 agenda. KW/RM; all agree.
Item 26. Docket No. 2003-0838-PST-E. Consideration of an Agreed Order assessing administrative penalties against Kenneth and Mittie Thomson in Shelby County; Petroleum Storage Tank Facility ID No. 66631; 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. (Laura Clark, Sushil Modak)
Approve agreed order. KW/RM; all agree.
Item 27. Docket No. 2003-0978-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Luke's Little Super, Inc. dba Luke's Little Supermarket & Deli I in Galveston County; Petroleum Storage Tank Facility ID No. 27214, RN101758837; 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. (Sherry Smith, Sushil Modak)
Approve agreed order. KW/RM; all agree.
SLUDGE ENFORCEMENT AGREED ORDER
Item 28. Docket No. 2003-1198-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ronnie Lee Leggett dba Leggett Plumbing in Polk County; Sludge Transporter Registration No. 22734; for water quality 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. (Laurie Eaves, Sushil Modak)
Approve agreed order. KW/RM; all agree.
EMERGENCY ORDER
Item 29. Docket No. 2004-0424-UCR-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued March 31, 2004 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code sections 5.501, 5.507, and 13.4132 to address the abandonment of a retail public utility (Utility) by Bailey Ray Hawley dba Hawley's Wastewater Treatment Facility, which is located 200 feet east of Farm-to-Market Road 2946 and State Highway 514, and 7.5 miles east-northeast of the City of Emory in Rains County; TPDES No. 13853-001; to ensure continued operation of the Utility; and to provide continuous and adequate service to the customers. The Emergency Order appointed Bright Star-Salem Water Supply Corporation as temporary manager of the Utility. (Richard S. O'Connell)
Continue to the June 23, 2004 agenda to allow for ADR mediation. KW/RM; all agree.
MISCELLANEOUS
Item 30. Docket No. 2004-0370-MIS. Consideration of gifts and donations of $500.00 or more in value given to the TCEQ, submitted for approval in accordance with Chapter 575 of the Government Code, concerning acceptance of gifts by certain state agencies. [Elizabeth West]
Approve staff recommendations as reflected in the adopted Resolution including Exhibit A, which contains the names of the donors and descriptions and statements of the proposes of the gifts and which is attached to and incorporated in these minutes. KW/RM; all agree.
MUNICIPAL WASTE DISCHARGE GENERAL PERMIT
Item 31. Docket No. 2001-0911-MWD. Consideration of a new general permit (proposed TPDES Permit No. TXG530000), which authorizes the discharge from on-site treatment systems from single family residences located within the San Jacinto River Basin in Harris County Texas, provided the property was subdivided and developed before January 1, 1979. The permit authorizes the discharge wastewater with a daily average flow not to exceed 500 gallons per day. (Kathy Brown/Louis C. Herrin, III)
Approve the general permit. RM/KW; all agree.
EXECUTIVE SESSION
Item 32. 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.
The Commission has appointed Glenn Shankle as Acting Executive Director effective Monday, May 3, 2004. KW/RM; all agree.
Item 33. 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 34. 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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AGENDA
Wednesday, April 28, 2004
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
1:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S
Item 1. TCEQ Docket No. 2002-0255-PST-E; SOAH Docket No. 582-04-0084. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Madanco Corporation dba Shopper's Mart #106 and dba Chevron Food Mart Petroleum Storage Tank in Galveston County, Texas; TCEQ ID Nos. 0035088 & 0069345; regarding petroleum storage tank violations pursuant to Texas Health and Safety Code ch. 382, Texas Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality.
Re-posted as Item 6.
Item 2. TCEQ Docket No.2001-0578-IHW-E; SOAH Docket No. 582-04-0383. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Navarro Pecan Company Inc., in Navarro County, Texas; TCEQ ID No. F0881; regarding industrial hazardous waste violations pursuant to Texas Water Code ch. 7, Texas Health and Safety Code ch. 361, and the rules of the Texas Commission on Environmental Quality.
Adopt the ALJ's PFD with the Executive Director's recommendations. RM/KW; all agree.
Item 3. TCEQ Docket No.2001-1374-PWS-E; SOAH Docket No. 582-04-0382. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of City of La Villa in Hidalgo County, Texas; TCEQ ID No. 1080023; regarding public water supply violations pursuant to Texas Health and Safety Code ch. 341, Texas Water Code chs. 5, 11, and 26, and rules of the Texas Commission on Environmental Quality.
Adopt the ALJ's Proposed Order with the Executive Director's exceptions and with a 24 month installment plan and modification to the technical ordering provision which formerly had a 60-day compliance deadline to a 90-day deadline. RM/LS; all agree.
Item 4. TCEQ Docket No. 2001-0180-PST-E; SOAH Docket No. 582-03-2872. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Abril Medina dba A & L Performance and Homero Medina in Nueces County, Texas; TCEQ ID No. 15473; 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 Proposed Order with the Executive Director's recommendations, modify the assessed penalty to $12,000.00 joint and several and a $500.00 penalty directed to Mr. Medina. RM/KW; all agree.
Item 5. TCEQ Docket No. 2003-0697-UCR; SOAH Docket No. 582-04-0252. Consideration of the Administrative Law Judge's Proposal for Decision and Order relating to the petition filed by Victoria Palms Resort, Inc., (“VPR”) seeking review of the water and sewer rates and amounts it has been charged and is being charged by the City of Donna (“Donna”). VPR owns a mobile home park, recreation and convention facilities, a hotel, and conference center located within the corporate limits of Donna at 602 N. Victoria Road, Hidalgo County, Texas. The Commission may also consider VPR’s application for an emergency order requiring Donna to continue to provide continuous and adequate water and sewer service to VPR pursuant to Texas Water Code Section 13.041(d)(1).
Adopt the ALJ's Proposed Order granting the City of Donna's motion to dismiss with prejudice to Victoria Palms Resort refiling. RM/LS; all agree.
ADDENDUM TO THE AGENDA
Wednesday, April 28, 2004
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
1:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S
Item 6. TCEQ Docket No. 2002-0255-PST-E; SOAH Docket No. 582-04-0084. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Madanco Corporation dba Shopper's Mart #106 and dba Chevron Food Mart Petroleum Storage Tank in Galveston County, Texas; TCEQ ID Nos. 0035088 & 0069345; regarding petroleum storage tank violations pursuant to Texas Health and Safety Code ch. 382, Texas Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality.
Re-posted as Item 7.
SECOND ADDENDUM TO THE AGENDA
Wednesday, April 28, 2004
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
1:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S
Item 7. TCEQ Docket No. 2002-0255-PST-E; SOAH Docket No. 582-04-0084. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Madanco Corporation dba Shopper's Mart #106 and dba Chevron Food Mart in Galveston County, Texas; TCEQ ID Nos. 0035088 & 0069345; regarding petroleum storage tank violations pursuant to Texas Health and Safety Code ch. 382, Texas Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality.
Adopt the ALJ's Proposed Order with the Executive Director's exceptions, along with typographical corrections in the Order to correct the spelling of the Respondent's name. RM/KW; all agree.