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Hearing Request |
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| Item 1. |
Docket No. 1998-1483-AIR. DALLAS FORD NEW HOLLAND, INC.
for Exemption Registration No. 39146 to operate a Specialty Concrete
Plant. The proposed location is 3774 North Central Expressway in
McKinney, Collin County, Texas. The Commission will consider the
application and hearing requests filed on the application. (Kerri
Rowland/Dois Webb) |
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| Deny hearing request and Issue Exemption, RM/RH. All Commissioners Agree |
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Authorization to Construct |
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| Item 2. |
Docket No. 1999-0007-MWD. Consideration of a Request by the City of
Aransas Pass for an Order under the Texas Water Code Sections 26.019
and 26.027(c) authorizing construction of a second outfall from its
existing wastewater treatment facility in San Patricio County, Texas, to
the City of Aransas Nature Park before Commission consideration of the
City's application and draft Permit No. 10521-002. The proposed
authorization to construct would not permit the use of the outfall prior to
the City obtaining a discharge permit. (Carol Lear, Firoj Vahora) |
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| Approve Authorization to Construct, RM/RH. All Commissioners Agree |
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Affirm, Modify or Set Aside Emergency Order |
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| Item 3. |
Docket No. 1998-1508-AIR. Consideration to affirm, modify or set aside
the Executive Director's Emergency Order issued to 3M Brownwood,
Brownwood, Brown County, Texas on December 17, 1998 authorizing the
repair of a thermal oxidizer and related equipment, and the emissions
from facilities which exhaust to the thermal oxidizer. (Janis Hudson) |
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| No Action Taken |
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| Item 4. |
Docket No. 1998-1508-AIR. Hearing regarding consideration to affirm,
modify or set aside the Executive Director's Emergency Order issued to
3M Brownwood, Brownwood, Brown County, Texas on December 23,
1998 authorizing the repair of a thermal oxidizer system and the
associated emissions from the LPP Press. (Janis Hudson, Richard
Hughes). |
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| Continued to February 10, 1999 |
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Resolution |
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| Item 5. |
Docket No. 1998-1547-RES. A Resolution authorizing the Executive
Director to enter a settlement agreement regarding recoverable past costs
associated with the Poly-Cycle Industries, Inc. Proposed State Superfund
site in Ellis County and requiring the remediation of the site under the
Voluntary Cleanup Program. (Charles Vorndran) |
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| Approve Resolution, RM/RH. All Commissioners Agree |
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| Item 6. |
Docket No. 1998-1489-MSW. Consideration of Nominations and
Appointment of Five Individuals to the Municipal Solid Waste
Management and Resource Recovery Advisory Council. |
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| Approve Resolution, JB/RM. All Commissioners Agree |
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Air Enforcement Agreed Orders |
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| Item 7. |
Docket No. 1998-0247-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Steven
Carr dba Builders Marble Company in Collin County; Account No.
CP-0158-R; for air quality violations pursuant to the Texas Clean Air Act,
Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7,
and the rules of the Texas Natural Resource Conservation Commission.
(Carl Schnitz) |
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| Remand to Executive Director |
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| Item 8. |
Docket No. 1998-0651-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Zosimo
Corsiga in Dallas County; Account No. DB-4769-R; for air quality
violations pursuant to the Texas Clean Air Act, Texas Health & Safety
Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the
Texas Natural Resource Conservation Commission. (Carl Schnitz) |
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| Issue Agreed Order, RH/RM. All Commissioners Agree |
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| Item 9. |
Docket No. 1998-0885-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Duke
Energy Field Services, Inc. in Wichita County; Account No. WH-0035-K;
for air quality violations pursuant to the Texas Clean Air Act, Texas
Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and
the rules of the Texas Natural Resource Conservation Commission.
(Rodney Weeks) |
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| Issue Agreed Order, RH/RM. All Commissioners Agree |
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| Item 10. |
Docket No. 1998-0570-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Dino
Bernardo dba Dino's Automotive in Dallas County; Account No.
DB-4843-H; for air quality violations pursuant to the Texas Clean Air
Act, Texas Health & Safety Code, Chapter 382, Texas Water Code,
Chapter 7, and the rules of the Texas Natural Resource Conservation
Commission. (Carl Schnitz) |
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| Issue Agreed Order, RH/RM. All Commissioners Agree |
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| Item 11. |
Docket No. 1998-0544-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against the City of El Paso in El Paso County; Account No. EE-1233-L;
for air quality violations pursuant to the Texas Clean Air Act, Texas
Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and
the rules of the Texas Natural Resource Conservation Commission.
(Stacey Young) |
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| Issue Agreed Order, RH/RM. All Commissioners Agree |
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| Item 12. |
Docket No. 1998-0642-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Fina Oil
and Chemical Company in Jefferson County; Account No. JE-0005-H; for
air quality violations pursuant to the Texas Clean Air Act, Texas Health &
Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of
the Texas Natural Resource Conservation Commission. (Lawrence King) |
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| Issue Agreed Order, RH/RM. All Commissioners Agree |
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| Item 13. |
Docket No. 1998-0709-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Genoa
Mining, Inc. in Harris County; Account No. HG-0271-G; for air quality
violations pursuant to the Texas Clean Air Act, Texas Health & Safety
Code, Chapter 382, and the rules of the Texas Natural Resource
Conservation Commission. (Miriam Hall) |
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| Issue Agreed Order, RH/RM. All Commissioners Agree |
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Air Enforcement Default Order |
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| Item 14. |
Docket No. 1998-0175-AIR-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of Mel
Diaz dba Mel's Paint and Body Shop in Collin County; TNRCC ID No.
CP-0413-B: for air quality violations pursuant to the Texas Clean Air Act,
Chapter 382 of the Texas Health & Safety Code, and the rules of the
Texas Natural Resource Conservation Commission. (Laura Kohansov) |
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| Issue Default Order, RM/JB. All Commissioners Agree |
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Petroleum Storage Tank Enforcement Shutdown Orders |
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| Item 15. |
Docket No. 1998-1430-PST-E. Consideration of a Shutdown Order
requiring certain actions of Phillip Wood in Dallas County; TNRCC ID
No. 0013973; for petroleum storage tank violations pursuant to Chapter
26 of the Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Booker Harrison) |
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| No Action Required |
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| Item 16. |
Docket No. 1996-1418-PST-E. Consideration of a Shutdown Order
requiring certain actions of Triple H Mart #4 in Hidalgo County; TNRCC
ID No. 29376; for petroleum storage tank violations pursuant to Chapter
26 of the Texas Water Code, and the rules of the Texas Natural Resource
Conservation Commission. (Booker Harrison) |
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| No Action Required |
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| Item 17. |
Docket No. 1996-1426-PST-E. Consideration of a Shutdown Order
requiring certain actions of Triple H Mart #9 in Hidalgo County; TNRCC
ID No. 29378; for petroleum storage tank violations pursuant to Chapter
26 of the Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Booker Harrison) |
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| No Action Required |
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| Item 18. |
Docket No. 1998-1428-PST-E. Consideration of a Shutdown Order
requiring certain actions of Karim Momin in Harris County; TNRCC ID
No. 22312; for petroleum storage tank violations pursuant to Chapter 36
of the Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Booker Harrison) |
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| Issue Shutdown Order, RH/RM. All Commissioners Agree |
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| Item 19. |
Docket No. 1998-1427-PST-E. Consideration of a Shutdown Order
requiring certain actions of B&H Aircraft Sales dba Brauntex Aviation in
Guadalupe County; TNRCC ID No. 0016332; for petroleum storage tank
violations pursuant to Chapter 26 of the Texas Water Code and the rules
of the Texas Natural Resource Conservation Commission. (Booker
Harrison) |
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| No Action Required |
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| Item 20. |
Docket No. 1998-1429-PST-E. Consideration of a Shutdown Order
requiring certain actions of Brownie No. 8 in Galveston County; TNRCC
ID No. 24890; for petroleum storage tank violations pursuant to Chapter
26 of the Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Booker Harrison) |
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| No Action Required |
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Petroleum Storage Tank Enforcement Agreed Order |
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| Item 21. |
Docket No. 1998-0284-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Mark
Kilgore in Fannin County; TNRCC ID No. None; for petroleum storage
tank violations pursuant to Chapters 7 and 26 of the Texas Water Code
and the rules of the Texas Natural Resource Conservation Commission.
(Bill Jang) |
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| Issue Agreed Order, RH/JB. All Commissioners Agree |
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Public Water Supply Enforcement Agreed Orders |
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| Item 22. |
Docket No. 1997-0677-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Frank
Webb in Guadalupe County; TNRCC ID No. 0940029; for public
drinking water violations pursuant to Chapter 341 of the Texas Health &
Safety Code and the rules of the Texas Natural Resource Conservation
Commission. (Bill Jang) |
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| Issue Agreed Order as changed, RM/RH. All Commissioners Agree |
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| Item 23. |
Docket No. 1997-0877-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Graeme
Reed dba Suburban Mobil Home Park #2 in Harris County; TNRCC ID
No. 1010760; for public drinking water violations pursuant to Chapter
341 of the Texas Health & Safety Code and the rules of the Texas Natural
Resource Conservation Commission. (Bill Jang) |
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| Issue Agreed Order, RM/RH. All Commissioners Agree |
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| Item 24. |
Docket No. 1997-1003-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of MRK
Investment Corp., formerly dba El Primero Training Center in Webb
County; TNRCC ID No. 2400024; for public drinking water violations
pursuant to Chapter 341 of the Texas Health & Safety Code and the rules
of the Texas Natural Resource Conservation Commission. (Bill Jang) |
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| Issue Agreed Order, RM/RH. All Commissioners Agree |
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| Item 25. |
Docket No. 1997-0548-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Katherine Mann dba Airport Business Park in Montgomery County;
TNRCC ID No. 1700367; for public drinking water violations pursuant to
Chapter 341 of the Texas Health & Safety Code and the rules of the Texas
Natural Resource Conservation Commission. (Bill Jang) |
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| Issue Agreed Order, RM/RH. All Commissioners Agree |
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| Item 26. |
Docket No. 1998-0796-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Lufkin in Angelina County; PWS No. 0030004; for drinking water
quality violations pursuant to Texas Health and Safety Code, Chapter 341
and the rules of the Texas Natural Resource Conservation Commission.
(Sandy VanCleave) |
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| Issue Agreed Order, RM/RH. All Commissioners Agree |
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| Item 27. |
Docket No. 1998-0593-PWS-E. Consideration of an Agreed Order
assessing administrative penalties against Blake Kozar dba Mister B's in
Bee County; PWS No. 0130062; for drinking water quality violations
pursuant to the Texas Health & Safety Code, Chapter 341, and the rules of
the Texas Natural Resource Conservation Commission. (Sandy
VanCleave) |
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| Issue Agreed Order, RM/RH. All Commissioners Agree |
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Land Irrigator Installer Enforcement Agreed Order |
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| Item 28. |
Docket No. 1997-0428-LII-E. Consideration of an Agreed Order
assessing administrative penalties against Doug Steiner dba Leisure Time
Sprinkler Co. in Bexar County; TNRCC ID No. LI0003923; for land
irrigator installer violations pursuant to Chapter 34 of the Texas Water
Code and the rules of the Texas Natural Resource Conservation
Commission. (Bill Jang) |
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| Issue Agreed Order, RM/RH. All Commissioners Agree |
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Municipal Solid Waste Enforcement Agreed Orders |
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| Item 29. |
Docket No. 1998-0256-MSW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Larry
Tinkle in Orange County; TNRCC ID No. 33300; for municipal solid
waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter
361 of the Texas Health and Safety Code, and the rules of the Texas
Natural Resource Conservation Commission. (Lisa Hernandez) |
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| Issue Agreed Order, RH/RM. All Commissioners Agree |
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| Item 30. |
Docket No. 1998-0149-MSW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of James
Higgins and John Higgins dba Bulldog Environmental, Inc. in
Montgomery County; TNRCC ID No. None; for municipal solid waste
violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361
of the Texas Health & Safety Code, Chapter 7 of the Texas Water Code,
and the rules of the Texas natural Resource Conservation Commission.
(Lisa Z. Hernandez) |
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| Continued to February 24, 1999 |
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Industrial Waste Discharge Enforcement Agreed Order |
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| Item 31. |
Docket No. 1998-0601-IWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Diamond Shamrock Refining Company, L.P. in Live Oak County; Permit
No. 01353; for water quality violations and for failure to pay wastewater
inspection fees, water quality assessment fees, and non-hazardous waste
generation fees pursuant to Texas Water Code, Chapters 7 and 26, and
Texas Health & Safety Code, Chapter 361, and the rules of the Texas
Natural Resource Conservation Commission. (Michael Meyer) |
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| Issue Agreed Order, RM/JB. All Commissioners Agree |
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Edwards Aquifer Enforcement Agreed Order |
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| Item 32. |
Docket No. 1997-1081-EAQ-E. Consideration of an Agreed Order
assessing administrative penalties of New Braunfels Independent School
District in Comal County; for water quality violations pursuant to Texas
Water Code, Chapters 7 and 26, and the rules of the Texas Natural
Resource Conservation Commission. (Michael Meyer) |
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| Issue Agreed Order, RH/RM. All Commissioners Agree |
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On-Site Sewerage Installers Agreed Order |
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| Item 33. |
Docket No. 1998-0095-OSI-E. Consideration of an Agreed Order
assessing administrative penalties of Marco D. Fernandez in Bexar
County; On-Site Sewerage Facility Installer Certification No. 2409; for
water quality violations pursuant to Texas Health & Safety Code, Chapter
366 and the rules of the Texas Natural Resource Conservation
Commission. (Merrilee Gerberding) |
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| Issue Agreed Order, RM/RH. All Commissioners Agree |
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RULES |
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| Item 34. |
Docket No. 1999-0009-RUL. Consideration for publication of Proposed
Notice of Review of 30 TAC Chapter 12, concerning Payment of Fees.
This review is in accordance with the General Appropriations Act, Article
IX, Section 167, 75th Legislature, 1997, which requires state agencies to
review and consider for readoption rules adopted under the
Administrative Procedure Act. (Forrest Brooks) (Rule Log No. 98084-012-AD). |
|
| Approve Publication, RM/JB. All Commissioners Agree |
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| Item 35. |
Docket No. 1998-1330-RUL. Consideration for publication of proposed
new 30 TAC Chapter 17, concerning Tax Relief for Property Used for
Environmental Protection, and the repeal of 30 TAC Chapter 277,
concerning Use Determination for Tax Exemptions for Pollution Control
Property. If approved, the revisions would move the regulations in
Chapter 277 to Chapter 17 and clarify the procedures for reviewing
applications for use determinations when the applicant does not
adequately respond to a deficiency notice. As part of the commission's
regulatory reform initiative, the provisions are rewritten for clarity,
readability, and improved organization. In addition, this action constitutes
the commission's review of the rules contained in 30 TAC Chapter 277 in
accordance with the General Appropriations Act, Article IX, Section 167,
75th Legislature, 1997. (Forrest Brooks) (Rule Log No. 98050-277-AD) |
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| Approve Publication with changes, JB/RM. All Commissioners Agree |
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EXECUTIVE SESSION |
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| Item 36. |
Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A
CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL
DISCUSS PENDING OR CONTEMPLATED LITIGATION,
SETTLEMENT OFFERS, AND/OR THE APPOINTMENT,
EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES,
DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION
EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open
Meetings Act, codified as Chapter 551 of the Government code. No final
action, decision or vote with regard to any legal or personnel matter
considered in the closed meeting shall be made in the absence of further
notice issued in accordance with Chapter 551 of the Government Code. |
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| No Action Taken |
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| Item 37. |
Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A
CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND
RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC
PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT,
CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The
Commission may also meet in open session to take action on this matter
as required by Section 551.102 of the Texas Open Meetings Act, Chapter
551 of the Government Code. |
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| No Action Taken |
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| Item 38. |
Docket No. 1999-0026-EXE. The Commission will meet in closed
session to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the Commission's General
Counsel, 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. |
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| No Action Taken |
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(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE
TNRCC 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
TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS
IN THE OFFICE OF CHIEF CLERK AT (512) 239-3317 AT LEAST
FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT
APPROPRIATE ARRANGEMENTS CAN BE MADE.) |
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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. |