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Hearing Request |
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| Item 1. |
Docket No. 1998-1037-MWD. LAVON COUNTRY MEADOWS, LTD.,
has applied for a new permit, proposed Texas Pollutant Discharge
Elimination System (TPDES) Permit No. 13962-001, to authorize the
discharge of treated domestic wastewater at a daily average flow not to
exceed 76,950 gallons per day. The plant site is located approximately
2,500 feet northwest of the Community of Culleoka, immediately west of
Farm-to-Market Road 982 and north of the Culleoka Baptist Church in
Collin County, Texas. The Commission will consider the application and
the hearing requests that have been filed on the application. (Robert
Robinson/Margaret Hoffman) |
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| See Item #32 |
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| Item 2. |
Docket No. 1999-0052-MWD. BIG BEND MOTOR INN, INC., has
applied for a renewal of Permit No. 13652-001, which authorizes the
disposal of treated domestic wastewater at a daily average flow not to
exceed 30,000 gallons per day via irrigation of 32.5 acres of land. No
discharge of pollutants into water in the State is authorized by this permit.
The wastewater treatment facilities and disposal site are located
approximately 1/4 mile east of the intersection of State Highway 118 and
State Highway 170 in Brewster County, Texas. The Commission will
consider the application and the hearing requests that have been filed on
the application. (Robert Robinson/Margaret Hoffman) |
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| Grant Hearing Request and send to Alternative Dispute Resolution for 4 to 6 weeks if
mediation fails forward to State Office Administrative Hearings, JB/RM. All
Commissioners Agree |
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District Matters |
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| Item 3. |
Docket No. 1998-1361-DIS. CONSIDERATION OF A PROPOSED
ORDER GRANTING THE PETITION BY FRIENDSWOOD
DEVELOPMENT COMPANY, LTD. FOR CREATION OF HARRIS
COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO.
156. For Commission consideration. The Commission has received a
petition from Friendswood Development Company, Ltd., for the creation
of Harris County Water Control and Improvement District No. 156, which
would contain approximately 142.368 acres. (TNRCC Internal Control
No. 060998-D01, Samuel W.Jones, P.E.) |
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| Approve Proposed Order and Grant Petition, RM/JB. All Commissioners Agree |
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| Item 4. |
Docket No. 1998-1192-DIS. Consideration of a Proposed Order
Approving the Application of Roman Forest Public Utility District No. 4
of Montgomery County for Authorization to Proceed under the Federal
Bankruptcy Code Pursuant to V.T.C.A., Water Code Section 49.456.
(TNRCC Internal Control No. 080598-D01; Cindy Cartwright). |
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| Approve Staff Recommendation, RH/JB. All Commissioners Agree |
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Water Quality Management Planning Reports |
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| Item 5. |
Docket No. 1999-0231-RPT. Consideration to approve the following
reports: (1) The 1997/98 Update to the State of Texas Water Quality
Management Plan (1 report), (2) Houston-Galveston Area Council's Gulf
Coast Region Water Quality Management Planning Document (August
1998) (1 report), (3) North Central Texas Council of Governments' 1997
Environmental Strategies for the Metroplex (June 1997) (1 report), (4)
Central Texas Council of Governments' Water Quality Management
Planning in the Central Texas Region (August 1997) (1 report), as
certified updates to the State of Texas Water Quality Management Plan
(WQMP). After approval by the Commission, the documents are
transferred to the Environmental Protection Agency for their approval as
updates to the WQMP in order to satisfy federal water quality
management planning requirements. (L. Brookins). |
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| Approve Staff Recommendation, RM/RH. All Commissioners Agree |
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Authorizations to Construct |
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| Item 6. |
Docket No. 1999-0277-MWD. Consideration of a Request by Harold
Alexander Clark for an Order authorizing construction of a wastewater
treatment plant for the Atascocita Village Mobile Home Park, in Harris
County, Texas, before Commission consideration of its application for a
wastewater permit under Sections 26.019 and 26.027(c) of the Texas
Water Code. The proposed authorization to construct would not permit
the use of the newly constructed wastewater treatment system. (Kathy
Brown, Firoj Vahora) |
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| Approve Authorization to Construct, RM/RH. All Commissioners Agree |
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| Item 7. |
Docket No. 1999-0299-MWD. Consideration of a Request by Fort Bend
County Municipal Utility District for an Order authorizing construction of
a wastewater treatment plant,in Fort Bend, Texas, before Commission
consideration of its application for a wastewater permit under Sections
26.019 and 26.027(c) of the Texas Water Code. The proposed
authorization to construct would not permit the use of the newly
constructed wastewater treatment system. (Kathy Brown, Melinda
Luxemburg) |
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| See Item #30 |
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Public Water Supply Enforcement Agreed Orders |
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| Item 8. |
Docket No. 1997-0996-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Rural
Bardwell Water Supply Corporation in Ellis County; PWS No. 0700023;
for drinking water quality violations pursuant to the Texas Health and
Safety Code, Chapter 341 and the rules of the Texas Natural Resource
Conservation Commission. (Terry Thompson) |
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| Remand to Executive Director |
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| Item 9. |
Docket No. 1998-0869-PWS-E. Consideration of an Agreed Order
assessing administrative penalties against W Silver, Incorporated in El
Paso County; PWS No. 0710096; for drinking water quality violations
pursuant to the 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, JB/RM. All Commissioners Agree |
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| Item 10. |
Docket No. 1997-1112-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Darrell
Hall dba Shannon Estates Subdivision in Grimes County; Public Water
System No. 0930052; for drinking water quality violations pursuant to
Texas Health & Safety Code Chapter 341 and the rules of the Texas
Natural Resource Conservation Commission. (Sabelyn Pussman) |
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| Issue Agreed Order, JB/RM. All Commissioners Agree |
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| Item 11. |
Docket No. 1998-0873-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Cotulla in La Salle County; PWS No. 1420001; 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, JB/RM. All Commissioners Agree |
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| Item 12. |
Docket No. 1998-0355-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Como, in Hopkins County; PWS No. 1120012; for drinking water
quality violations pursuant to Texas Health & Safety Code, Chapter 341
and the rules of the Texas Natural Resource Conservation Commission.
(Subhash Jain) |
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| Issue Agreed Order, JB/RM. All Commissioners Agree |
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| Item 13. |
Docket No. 1996-1725-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Midway in Madison County; PWS No. 1570003; for drinking water
quality violations pursuant to the Texas Health and Safety Code Chapter
341 and the rules of the Texas Natural Resource Conservation
Commission. (Terry Thompson) |
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| Issue Agreed Order, JB/RM. All Commissioners Agree |
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| Item 14. |
Docket No. 1998-0492-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Buddy
Burnett dba Ponderosa Mobile Home Complex in Randall County; PWS
No. 1910044; for drinking water quality violations pursuant to Texas
Health & Safety Code, Chapter 341 and the rules of the Texas Natural
Resource Conservation Commission. (Subhash Jain) |
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| Issue Agreed Order, JB/RM. All Commissioners Agree |
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Air Enforcements Agreed Orders |
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| Item 15. |
Docket No. 1998-0678-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Pioneer
Concrete of Texas, Inc. in Deaf Smith County; Account No. 93-1908-V;
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.
(Joseph Campa) |
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| Issue Agreed Order, RM/JB. All Commissioners Agree |
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| Item 16. |
Docket No. 1998-1065-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Bobby
Lanham dba American Marble in Tarrant County; Account No.
TA-3696-V; 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. (Michael De La Cruz) |
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| Issue Agreed Order, RM/JB. All Commissioners Agree |
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| Item 17. |
Docket No. 1998-0896-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of The
Paks Corporation in Kimble County; Account No. KG-0003-S; 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. (Mark Newman) |
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| Issue Agreed Order, RM/JB. All Commissioners Agree |
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| Item 18. |
Docket No. 1998-1267-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Rick
Gaconnet dba Triple TTT Sandblasting in Parker County; Account No.
PC-0231-I; 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.
(Michael De La Cruz) |
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| Issue Agreed Order, RM/JB. All Commissioners Agree |
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Municipal Waste Discharge Enforcement Agreed Orders |
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| Item 19. |
Docket No. 1997-0912-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Alvarado in Johnson County; Water Quality Permit No. 10567-001; for
water quality violations pursuant to the Texas Water Code, Chapter 26
and the rules of the Texas Natural Resource Conservation Commission.
(Brian Lehmkuhle) |
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| Issue Agreed Order, RM/JB. All Commissioners Agree |
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| Item 20. |
Docket No. 1998-0123-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Mineral Wells in Parker County; Permit No. 10585-003; for water
quality violations pursuant to Texas Water Code Chapters 7 and 26 and
the rules of the Texas Natural Resource Conservation Commission.
(Merrilee Gerberding) |
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| Issue Agreed Order, RM/JB. All Commissioners Agree |
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| Item 21. |
Docket No. 1998-0514-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Woodcreek Utilities, Inc., a subsidiary of AquaSource, Inc. in Hays
County; Permit No. 11431-001; for water quality violations pursuant to
Texas Water Code Chapters 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Patrick Marcyniuk) |
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| Remand to Executive Director, JB/RH. All Commissioners Agree |
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| Item 22. |
Docket No. 1998-0866-MWD-E. Consideration of an Agreed Order
assessing administrative penalties of North Forest MUD in Harris County;
Water Quality Permit No. 10905-001; for water quality violations
pursuant to Texas Water Code, Chapters 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
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| Issue Agreed Order, RM/JB. All Commissioners Agree |
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On-Site Sewage Facility Enforcement Agreed Orders |
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| Item 23. |
Docket No. 1997-0720-OSI-E. Consideration of an Agreed Order
assessing administrative penalties against Benny Melton in Navarro
County; No OSSF Installer Certificate of Registration; for certification
violations pursuant to Texas Health & Safety Code Chapter 366 and the
rules of the Texas Natural Resource Conservation Commission. (Brian
Lehmkuhle) |
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| Issue Agreed Order, JB/RH. All Commissioners Agree |
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| Item 24. |
Docket No. 1997-0470-OSI-E. Consideration of an Agreed Order
assessing administrative penalties of Juan Antonio Rodriguez in Uvalde
County; No OSSF Installer Certificate of Registration; for certification
violations pursuant to Texas Health & Safety Code, Chapter 366 and the
rules of the Texas Natural Resource Conservation Commission. (Brian
Lehmkuhle) |
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| Issue Agreed Order, JB/RH. All Commissioners Agree |
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Municipal Solid Waste Enforcement Default Order |
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| Item 25. |
Docket No. 98-0149-MSW-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of James
Higgins and John Higgins dba Bulldog Environmental 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. (William
Puplampu) |
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| Issue Default Order, RM/JB. All Commissioners Agree |
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Rules (Request for Publication and Hearing) |
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| Item 26. |
Docket No. 1999-0115-RUL. Consideration for publication of, and
hearing upon, proposed new 30 Texas Administrative Code (TAC)
Chapter 350, Subchapter A concerning General Information, Subchapter
B concerning Remedy Standards, Subchapter C concerning Affected
Property Assessment, Subchapter D concerning Development of
Protective Concentration Levels, Subchapter E concerning Reports,
Subchapter F concerning Institutional Controls and Subchapter G
concerning Establishing a Facility Operations Area; new 30 TAC Chapter
37, Subchapter N concerning Financial Assurance Requirements for the
Texas Risk Reduction Program Rule; conforming amendments to 30 TAC
Chapter 327 concerning Spill Prevention and Control, 30 TAC Chapter
331 concerning Underground Injection Control, 30 TAC Chapter 332
concerning Composting, 30 TAC Chapter 333 concerning Brownfields
Initiatives, 30 TAC Chapter 334 concerning Underground and
Aboveground Storage Tanks, and Chapter 335 concerning Industrial Solid
Waste and Municipal Hazardous Waste; and repeal of 30 TAC §333.11
concerning public notice requirements for the Voluntary Cleanup
Program. If approved, the new Chapter 350 rule, referred to as the Texas
Risk Reduction Program (TRRP) rule, would establish a uniform set of
risk-based performance-oriented technical standards to guide response
actions at affected properties. Specifically, the proposed rule would
establish: requirements pertaining to off-site properties and leased lands;
required actions when substantial changes in circumstances occur at an
affected property; assessment of property affected by chemicals of
concern (COCs); development of protective concentration levels for
human and ecological receptors; response actions necessary to restore a
property to active and productive use; requirements for post-response
action care; financial assurance for post-response action care in certain
circumstances; reporting requirements; standard for institutional controls;
and requirements for establishing a Facility Operations Area. Proposed
new 30 TAC Chapter 37, Subchapter N, the amendments to 30 TAC
Chapter 327 and Chapters 331 through 335, and the repeal of §333.11 are
conforming rule changes necessary to implement the proposed rule. (Chet
Clarke) (Rule Log No. 96106-350-WS) |
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| Approve Publication and Hearing, with changes, JB/RM. All Commissioners Agree |
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Rule (Adoption) |
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| Item 27. |
Docket No. 1998-1104-RUL. Consideration for adoption of
amendments to 30 TAC Chapter 335, Subchapter A, concerning Industrial
Solid Waste and Municipal Hazardous Waste in General, Subchapter H,
concerning Standards for the Management of Specific Wastes and
Specific Types of Facilities, and Subchapter O, concerning Land Disposal
Restrictions. If approved, the amendments would update the
commission's hazardous waste rules to address certain changes to the
federal hazardous waste regulations promulgated through August 31,
1998, primarily relating to the definition of solid waste and to hazardous
waste land disposal restrictions. The proposed rules were published in the
November 27, 1998, issue of the Texas Register (23 Tex Reg 11903).
(Ray Austin) (Rule Log No. 98041-335-WS) |
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| Approve Adoption of Amendments, RM/JB. All Commissioners Agree |
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EXECUTIVE SESSION |
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| Item 28. |
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 29. |
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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(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. |
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