|
Reports |
|
| Item 1. |
Docket No. 1999-0482-RPT. Discussion of an Agency Report on
Enforcement Actions from various programs including Agriculture, Air,
Industrial & Hazardous Waste, Multi-Media, Municipal Solid Waste,
Occupational Certification, Petroleum Storage Tanks, Water Quality, and
Public Water Supply. (Ann McGinley) |
|
| Approve Report, RM/RH. All Commissioners Agree |
|
|
Hearing Requests |
|
| Item 2. |
Docket No. 1999-0420-AIR. MERIDIAN AGGREGATES COMPANY
L.P. for renewal of Air Quality Permit No. 8355A to authorize the
continued operation of an existing Rock Crusher. The facility is located
one-quarter mile south of Richland Creek on SW 0030 in Richland,
Navarro County, Texas. The Commission will consider the application
and hearing requests filed on the application. (Maria Sanchez/Richard
Wheeler) |
|
| Deny hearing request and issue renewal of permit, JB/RM. All Commissioners Agree |
|
| Item 3. |
Docket No. 1999-0414-MWD. Consideration of permit application
11077-002, submitted by CITY OF FATE for a new permit, proposed
Texas Pollutant Discharge Elimination System (TPDES) Permit No.
11077-002, which authorizes the discharge of treated domestic wastewater
with a daily average flow not to exceed 200,000 gallons per day. The
plant site is located approximately 1,000 feet east of the intersection of
State Highway 66 and Farm-to-Market Road 55 in Rockwall County,
Texas. The Commission will also consider hearing requests, related
responses and replies, public comment and the Executive Director's
response to comments.(Robert Robinson/Margaret Hoffman) |
|
| Continued to May 12, 1999 |
|
| Item 4. |
Docket No. 1999-0345-AIR. TOULOUSE, INC. for Air Quality Permit
No. 38046 to construct a Crematory for Small Animals. The location of
the proposed facility is 651 Dogen Way in Buda, Hays County, Texas.
The Commission will consider the application and hearing requests filed
on the application. (Maria Sanchez/Hubert Ashley) |
|
| Deny hearing request and issue permit, RH/RM. All Commissioners Agree |
|
| Item 5. |
Docket No. 1999-0421-UIC. PILGRIM'S PRIDE CORP. for six
Underground Injection Control (UIC) permits: WDW-352, WDW-353,
WDW-354, WDW-355, WDW-356 and WDW-357. The permits will
authorize disposal of non-hazardous wastes generated at the permittee's
proposed Walker Creek facility from cleaning and processing of boilers
for the production of various poultry products as well as rendering of
by-products and further processing for production of poultry meal, feather
meal, blood meal and oil for use in the production of pet foods and
poultry feed. The wells are located in Camp County, 4 miles north of
Pittsburg, east of Highway 271 and 43 miles north of Longview. The
Commission will consider the application and hearing requests that have
been filed on the application. (Christopher Gee/Alice Rogers) |
|
| Grant hearing request to Joseph Ashmore, Fred Avery, and B.M. Sandlin Family and deny
all other request, RH/RM. Forward to Alternative Dispute Resolution for mediation for 4
to 6 weeks if mediation fails forward to State Office Administrative Hearing, RH/RM. All
Commissioners Agree |
|
|
District Matters |
|
| Item 6. |
Docket No. 98-0702-DIS. Consideration of a Proposed Order Approving
the Petition of a Landowner for Dissolution of Saddletree Water Control
and Improvement District of Hays County. The Petitioner requests that the
Commission dissolve the district pursuant to V.T.C.A., Water Code
Section 49.321-49.327. (TNRCC Internal Control No. 060398-D04;
Samuel W. Jones) |
|
| Remand to Executive Director |
|
|
Resolutions |
|
| Item 7. |
Docket No. 1999-0525-RES. Consideration of a Resolution Authorizing
the Executive Director to enter a settlement agreement for the former
Winn's Stores Distribution Center facility in Bexar County, San Antonio,
Texas pursuant to Section 361.200 of the Texas Health & Safety Code.
(Charles Vorndran) |
|
| Approve Resolution with changes, RM/RH. All Commissioners Agree |
|
| Item 8. |
Docket No. 1999-0524-RES. Consideration of Resolution affirming the
Executive Director's subdelegation of authority relating to certain permits,
authorizations, and approvals. (Lydia Gonzalez Gromatzky) |
|
| Adopt resolution as amended, RH/JB. All Commissioners Agree |
|
|
Authorization to Construct |
|
| Item 9. |
Docket No. 1999-0507-MWD. Consideration of a Request by Arthur
Louis Smalley, III and Joseph Mark Dooley for an Order authorizing
construction of the Golden Road Wastewater Treatment Plant, in
Montgomery 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 authorizations to construct
would not permit the use of the newly constructed wastewater treatment
system. (Kathy H. Brown, Kent H. Trede) |
|
| Remanded to Executive Director |
|
| Item 10. |
Docket No. 1999-0514-MWD. Consideration of a Request by North
Texas Municipal Water District for an Order authorizing construction of a
wastewater treatment facility in Denton County, Texas, before
Commission consideration of its application for a wastewater discharge
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 additions to the applicants wastewater treatment
facility (Monique Norman, Mark Sullivan) |
|
| Continued to May 12, 1999 |
|
|
Petroleum Storage Tank Enforcement Agreed Orders |
|
| Item 11. |
Docket No. 1998-1142-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Birdsong Freeway America in Jefferson County; PST Facility ID No.
0049072; for petroleum storage tank violations pursuant to the Clean Air
Act, Texas Health & Safety Code, Chapter 382 and the Texas Water
Code, Chapter 7, and the rules of the Texas Natural Resource
Conservation Commission. (Craig Fleming) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 12. |
Docket No. 1998-1182-PST-E. Consideration of an Agreed Order
assessing administrative penalties of A.N. Rusche Distributing Company
in Harris County; PST Facility ID No. 56410; for petroleum storage tank
violations pursuant to Chapter 382 of the Texas Health & Safety Code,
Chapter 7 of the Texas Water Code, and the rules of the Texas Natural
Resource Conservation Commission. (Anne Nyffenegger) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 13. |
Docket No. 1998-1063-PST-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against Mr. George Hogland dba Lester's Full Service in Lubbock County;
PST Facility ID No. 12256; for petroleum storage tank violations pursuant
to Texas Water Code, Chapters 7 and 26, and the rules of the Texas
Natural Resource Conservation Commission. (James Jaggers) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 14. |
Docket No. 1998-0804-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Olivas
Aviation in El Paso County; Facility Identification Number 16388; for
petroleum storage tank violations pursuant to Texas Health & Safety
Code, Chapter 382 and Texas Water Code, Chapters 7 and 26 and the
rules of the Texas Natural Resource Conservation Commission. (Joyce
Ford) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 15. |
Docket No. 1997-0941-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Leon C.
Neil in San Patricio County; TNRCC ID No. 66924; for petroleum storage
tank violations pursuant to Chapter 26 of the Texas Water Code and the
rules of the Texas Natural Resource Conservation Commission. (David
Speaker) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 16. |
Docket No. 1998-1151-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Mr.
Jerry Hopkins in McLennan County; PST Facility ID No. 1971; for
petroleum storage tank violations pursuant to Texas Water Code, Chapters
7 and 26, and the rules of the Texas Natural Resource Conservation
Commission. (James Jackson) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
|
Industrial Waste Discharge Enforcement Agreed Orders |
|
| Item 17. |
Docket No. 1998-0731-IWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Rex-Hide Industries, Inc in Smith County; Permit No. 01452; for water
quality violations pursuant to Chapters 7 and 26 of the Texas Water Code
and the rules of the Texas Natural Resource Conservation Commission.
(Claudia Chaffin) |
|
| Issue Agreed Order, RH/JB. All Commissioners Agree |
|
| Item 18. |
Docket No. 1998-1014-IWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Four-K
Houston Property Company in Waller County; Permit No. 02416; for
water quality violations pursuant to Chapters 7 and 26 of the Texas Water
Code and the rules of the Texas Natural Resource Conservation
Commission. (Claudia Chaffin) |
|
| Issue Agreed Order with corrections, RH/JB. All Commissioners Agree |
|
| Item 19. |
Docket No. 1998-0806-IWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Pioneer
Concrete of Texas, Inc. in Montgomery County; Permit No. 02502; for
water quality violations pursuant to Chapter 7 and 26 of the Texas Water
Code and the rules of the Texas Natural Resource Conservation
Commission. (Claudia Chaffin) |
|
| Issue Agreed Order, RH/JB. All Commissioners Agree |
|
|
Water Rights Enforcement Agreed Orders |
|
| Item 20. |
Docket No. 1998-1250-WR-E. Consideration of an Agreed Order
assessing administrative penalties of Hunter Industries, Inc. in Williamson
County; No Permit; for water rights violations pursuant to Texas Water
Code Chapter 11 and the rules of the Texas Natural Resource
Conservation Commission. (Karen Berryman) |
|
| Issue Agreed Order, JB/RH. All Commissioners Agree |
|
| Item 21. |
Docket No. 1998-1138-WR-E. Consideration of an Agreed Order
assessing administrative penalties of Thomas Brothers Grass, Ltd. in
Hood County; for water rights violations pursuant to Texas Water Code
Chapters 7 and 11 and the rules of the Texas Natural Resource
Conservation Commission. (Pamela Campbell) |
|
| Issue Agreed Order, JB/RH. All Commissioners Agree |
|
|
Air Enforcement Agreed Orders |
|
| Item 22. |
Docket No. 1998-0058-AIR-E. Consideration of an Agreed Order
assessing administrative penalties against Hiram B. Hyde, in Kerr County;
Air Account No. KF-0055-K; for air quality and municipal solid waste
violations pursuant to the Texas Clean Air Act and the Texas Solid Waste
Disposal Act, Texas Health & Safety Code Chapters 361 and 382, Texas
Water Code, Chapters 7 and 26, and the rules of the Texas Natural
Resource Conservation Commission. (Terry Thompson) |
|
| Issue Agreed Order, RH/JB. All Commissioners Agree |
|
| Item 23. |
Docket No. 1997-0687-AIR-E. Consideration of an Agreed Order
assessing administrative penalties against Engineered Carbons, Inc. in
Harris County; TNRCC ID No. HG-0412-M; 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. (Booker Harrison) |
|
| Issue Agreed Order, RH/JB. All Commissioners Agree |
|
| Item 24. |
Docket No. 1998-1346-AIR-E. Consideration of an Agreed Order
assessing administrative penalties against Star Enterprise in Jefferson
County; TNRCC ID No. JE-0095-D; 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.
(Booker Harrison) |
|
| Issue Agreed Order, RH/JB. All Commissioners Agree |
|
| Item 25. |
Docket No. 1998-0396-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of DeKalb
Swine Breeders, Inc. in Hockley County; TNRCC ID No. 02252; for
water quality violations pursuant to Chapter 26 of the Texas Water Code
and the rules of the Texas Natural Resource Conservation Commission.
(Laura Kohansov) |
|
| See Item 66. No Action Required |
|
| Item 26. |
Docket No. 1998-1121-AIR-E. Consideration of an Agreed Order
administrative penalties and resolving an enforcement action against
Dariush Khairkhah dba The Pit Pros in Dallas County; Account No.
DB-4948-P; for Air quality violations pursuant to the Texas Clean Air
Act, Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules
of the Texas Natural Resource Conservation Commission. (Sheila Smith) |
|
| Remanded to Executive Director |
|
| Item 27. |
Docket No. 1998-1274-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of New
Braunfels General Store International in Comal County; Account No.
CS-0024-G; 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 Natural Resource Conservation Commission. (David D.
Turner) |
|
| Issue Agreed Order, RH/JB. All Commissioners Agree |
|
| Item 28. |
Docket No. 1998-1178-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against Bruce Foods Corporation in El Paso County; Account No.
EE-0206-V; 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 Natural Resource Conservation Commission. (Stacey
Young) |
|
| Issue Agreed Order, RH/JB. All Commissioners Agree |
|
| Item 29. |
Docket No. 1998-1041-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against Petroleum Wholesale, Incorporated in Harris County; Account
No. HG-0494-H; for air quality violations pursuant to Texas Clean Air
Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the
rules of the Texas Natural Resource Conservation Commission. (Sheila
Smith) |
|
| Issue Agreed Order, RH/JB. All Commissioners Agree |
|
| Item 30. |
Docket No. 1998-1268-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against Jim Brazil dba Sterling Auto in Hood County; Account No.
HQ-0066-T; 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 Natural Resource Conservation Commission. (Michael
De La Cruz) |
| |
| Issue Agreed Order, RH/JB. All Commissioners Agree |
|
| Item 31. |
Docket No. 1998-0965-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against Ranger Excavating, Inc. in Williamson County; Account No.
90-6934-S; 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 Natural Resource Conservation Commission. (Chris Smith) |
|
| Issue Agreed Order, RH/JB. All Commissioners Agree |
|
| Item 32. |
Docket No. 1998-1266-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Tiffany
Brick Company, L.P. dba US Brick in Palo Pinto County; Account No.
PA-0029-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 Natural Resource Conservation Commission. (Michael De
La Cruz) |
|
| Issue Agreed Order, RH/JB. All Commissioners Agree |
|
| Item 33. |
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,
Tex. Health & Safety Code ch. 382, Texas Water Code ch. 7, and the
rules of the Texas Natural Resource Conservation Commission. (Carl
Schnitz) |
|
| Issue Agreed Order, RH/JB. All Commissioners Agree |
|
| Item 34. |
Docket No. 1998-0832-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of South
Texas Electric Cooperative, Inc. in Victoria County; Account No.
VC-0026-O; 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 Natural Resource Conservation Commission.
(Guadalupe Lopez) |
|
| Issue Agreed Order, RH/JB. All Commissioners Agree |
|
|
Air Enforcement Default Order |
|
| Item 35. |
Docket No. 1998-0567-AIR-E. Consideration of a Default Order
assessing administrative penalties against Reinaldo Turcios dba Rambo
Tires in Dallas County; TNRCC ID No. DB-4763-G; 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. (Booker Harrison) |
|
| Issue Default Order, RH/RM. All Commissioners Agree |
|
|
Agricultural Enforcement Agreed Order |
|
| Item 36. |
Docket No. 1998-0589-AGR-E. Consideration of an Agreed Order
assessing administrative penalties of Joe Cordell and John Heavyside dba
Lledroc Farms West in Erath County; for water quality violations
pursuant to 30 TAC 321 and Texas Water Code Chapters 7 and 26 and the
rules of the Texas Natural Resource Conservation Commission. (Pamela
Campbell) |
|
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
|
Municipal Waste Discharge Enforcement Agreed Orders |
|
| Item 37. |
Docket No. 1998-1076-MWD-E. Consideration of an Agreed Order
assessing administrative penalties of Timothy Brent Claiborne dba
Northwest Mobile Home Community in Wise County; Permit No. 13142-
001; for water quality violations pursuant to the Texas Water Code
Chapters 7 and 26 and the rules of the Texas Natural Resource
Conservation Commission. (Laurie Eaves) |
|
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
| Item 38. |
Docket No. 1998-1012-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Northwest Harris County Municipal Utility District No. 9 in Harris
County; Water Quality Permit No. 11948-001 (expired); for water quality
violations pursuant to Texas Water Code Chapters 7 and 26 and the rules
of the Texas Natural Resource Conservation Commission. (Pamela
Campbell) |
|
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
| Item 39. |
Docket No. 1998-0217-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of SFM
Management Corporation aka SFM Management aka Wilma Hess dba
SFM Management Co. in Harris County; TNRCC ID No. 12869-001; for
water quality violations pursuant to Chapter 26 of the Texas Water Code
and the rules of the Texas Natural Resource Conservation Commission.
(William Puplampu) |
|
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
|
Municipal Waste Discharge Enforcement Default Order |
|
| Item 40. |
Docket No. 1998-0427-MWD-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of
Mohammed A. Swati, Aftab Mohammed Sultan, and Ricky Davis dba
Super Stop Carwash No. 1 in Orange County; TNRCC ID No. None; for
air quality violations pursuant to Chapter 26 of the Texas Water Code and
the rules of the Texas Natural Resource Conservation Commission.
(William Puplampu) |
|
| Issue Default Order, RM/RH. All Commissioners Agree |
|
|
Public Water Supply Enforcement Agreed Orders |
|
| Item 41. |
Docket No. 1998-0486-PWS-E. Consideration of an Agreed Order
assessing administrative penalties against the City of O'Brien in Haskell
County; PWS No. 1040005; 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. (Julie Talkington) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 42. |
Docket No. 1998-0827-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Village
of Briarcliff in Travis County; Public Water System No. 2270007; for
drinking water quality violations pursuant to the Texas Health & Safety
Code Chapter 341 and the rules of the Texas Natural Resource
Conservation Commission. (Sabelyn Pussman) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 43. |
Docket No. 1997-1059-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Herbert
Morrell dba Doucette Water System in Tyler County; TNRCC ID No.
2290004; 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. (Ali Abazari) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 44. |
Docket No. 1997-1086-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Eric
and George Myers dba Mockingbird Mobile Home Park in Hays County;
TNRCC ID No. 1050057; 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. (Ali Abazari) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 45. |
Docket No. 1997-1159-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Pinehill-Chapman Water Supply Corporation in Rusk County; TNRCC ID
No. 2010007; 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. (Ali Abazari) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
|
Edwards Aquifer Enforcement Agreed Orders |
|
| Item 46. |
Docket No. 1998-1360-EAQ-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Robert
Mayo dba River Bend Ranch Development; Hays County; No TNRCC
Permit; for water quality violations pursuant to Texas Water Code
Chapters 7 and 26, and the rules of the Texas Natural Resource
Conservation Commission. (Eric Reese) |
|
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
| Item 47. |
Docket No. 1998-0591-EAQ-E. Consideration of an Agreed Order
assessing administrative penalties of Georgetown Healthcare System, Inc.
in Williamson County; 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) |
|
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
|
Municipal Solid Waste Enforcement Default Order |
|
| Item 48. |
Docket No. 1998-0048-MSW-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of ERD
Resource Recovery, Inc. in McLennan County; TNRCC ID No. 12114;
for municipal solid waste violations pursuant to the Texas Solid Waste
Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the
rules of the Texas Natural Resource Conservation Commission. (Booker
Harrison) |
|
| Remand to Executive Director |
|
|
Landscape Irrigator Installer Enforcement Agreed Order |
|
| Item 49. |
Docket No. 1996-1871-LII-E. Consideration of a Default Order
assessing administrative penalties against Garry Hardin in Tarrant
County; TNRCC License No . LI0005581; for landscape irrigator installer
violations pursuant to Chapter 34 of the Texas Water Code and the rules
of the Texas Natural Resource Conservation Commission. (Nathan
Block) |
|
| Continued to May 12, 1999 |
|
|
On-Site Installer Enforcement Default Order |
|
| Item 50. |
Docket No. 1998-0205-OSI-E. Consideration of a Default Order
assessing administrative violations and requiring certain actions of Ronald
Spruiell in Harris County; Enforcement ID No. 12211; for on-site sewage
installer violations pursuant to Chapter 366 of the Texas Health & Safety
Code and the rules of the Texas Natural Resource Conservation
Commission. (John Peeler) |
|
| Issue Default Order, JB/RM. All Commissioners Agree |
|
|
Industrial Hazardous Waste Enforcement Agreed Orders |
|
| Item 51. |
Docket No. 1998-1031-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Witco
Corporation in Tarrant County; Solid Waste Registration Number 31107;
for industrial & hazardous 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. (Susan Johnson) |
| |
| Issue Agreed Order, RH/RM. All Commissioners Agree |
|
| Item 52. |
Docket No. 1998-0947-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Mirror
Industries a.k.a. Finley Investments, Inc. in Harris County; Solid Waste
Registration Number 30675; for industrial & hazardous waste violations
pursuant to the Texas Solid Waste Disposal Act, Texas Health & Safety
Code, Chapter 361 and Texas Water Code, Chapter 7, and the rules of the
Texas Natural Resource Conservation Commission. (Anne Rhyne) |
|
| Issue Agreed Order, RH/RM. All Commissioners Agree |
|
| Item 53. |
Docket No. 1998-0131-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Witco
Corporation in Tarrant County; Solid Waste Registration Number 31107;
for industrial & hazardous 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. (Susan Johnson) |
|
| No Action Required, Submitted in Error |
|
| Item 54. |
Docket No. 1998-0625-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Miracle
Candle Company in Webb County; TNRCC ID No. 39390; for industrial
and hazardous waste violations pursuant to the Texas Solid Waste
Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the
rules of the Texas Natural Resource Conservation Commission. (Mary R.
Risner) |
|
| Issue Agreed Order, RH/RM. All Commissioners Agree |
|
| Item 55. |
Docket No. 1998-0705-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Environmental Management Services of Texas, Inc. in El Paso County;
TNRCC ID No. 85009; for industrial and hazardous waste violations
pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas
Health & Safety Code, and the rules of the Texas Natural Resource
Conservation Commission. (Mary R. Risner) |
|
| Issue Agreed Order, RH/RM. All Commissioners Agree |
|
|
Rules |
|
| Item 56. |
Docket No. 1999-0473-RUL. Consideration for publication of, and
hearing upon, proposed amendments to 30 TAC Chapter 106, Exemptions
from Permitting, Section 106.494, concerning Pathological Waste
Incinerators. The amendments would allow a greater range of setbacks
from property lines for exempt pathological waste incinerators used at
animal feeding operations. (Beecher Cameron) (Rule Log No. 99001-106-AI) |
|
| Approve Publication and Hearing, RM/RH. Baker Absent for Vote |
|
| Item 57. |
Docket No. 1999-0502-RUL. Consideration for the publication of
proposed notice of review for 30 TAC Chapter 309, concerning Domestic
Wastewater Effluent Limitations and Plant Siting. The review is in
accordance with the General Appropriations Act, Article IX, Section 167,
75th Legislature, 1997. If approved, the notice of review will be
published for comment in the Texas Register. (Santos Olivarez) (Rule
Log No. 98081-309-WT) |
|
| Approve Publication and Hearing, RM/RH. All Commissioners Agree |
|
| Item 58. |
Docket No. 1999-0501-RUL. Consideration for the publication of
proposed notice of review for 30 TAC Chapter 308, concerning Criteria
and Standards for the National Pollutant Discharge Elimination System.
The review is in accordance with the General Appropriations Act, Article
IX, Section 167, 75th Legislature, 1997. If approved, the notice of review
will be published for comment in the Texas Register. (Santos Olivarez)
(Rule Log No. 98078-308-WT) |
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| Approve Publication, RH/JB. All Commissioners Agree |
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| Item 59. |
Docket No. 1998-1423-RUL. Consideration for adoption of the review
and repeal of 30 TAC Chapter 120, Control of Air Pollution from
Hazardous Waste or Solid Waste Management Facilities. This review
complies 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. The proposed repeal of Chapter 120 was published in the January
29, 1999 issue of the Texas Register (24 TexReg 503). The proposed
notice of review was published in the February 5, 1999 issue of the Texas
Register (24 TexReg 831). (Barry Irwin) (Rule Log No. 98037-120-AI) |
|
| Approve Adoption, RM/RH. All Commissioners Agree |
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| Item 60. |
Docket No. 1999-0009-RUL. Consideration for readoption of 30 TAC
Chapter 12, concerning Payment of Fees. This review complies 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. The proposed
notice of review was published in the February 12, 1999 issue of the
Texas Register (24 Tex Reg 1004). (Forrest Brooks) (Rule Log No.
98084-012-AD) |
|
| Approve Readoption, RM/RH. All Commissioners Agree |
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| Item 61. |
Docket No. 1998-1336-RUL. Consideration for adoption of the review
of 30 TAC Chapter 113, concerning Control of Air Pollution from Toxic
Materials. This review complies 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. The proposed notice of review was
published in the January 29, 1999, issue of the Texas Register (24 TexReg
608). (Alan Henderson) (Rule Log No. 98032-113-AI) |
|
| Approve Adoption, RH/RM. All Commissioners Agree |
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| Item 62. |
Docket No. 1998-1462-RUL. Consideration for adoption of amendments
to the following sections of 30 TAC Chapter 305, concerning
Consolidated Permits and 30 TAC Chapter 335, concerning Industrial
Solid Waste And Municipal Hazardous Waste; Section 305.50 Additional
Requirements for an application for a Hazardous or Industrial Solid Waste
Permit; Section 335.9 Record Keeping and Annual Reporting Procedures
Applicable to Generators; Section 335.10 Shipping and Reporting
Procedures Applicable to Generators of Hazardous Waste or Class 1
Waste and Primary Exporters of Hazardous Waste; Section 335.15
Recordkeeping and Reporting Requirements Applicable to Owners or
Operators of Storage, Processing, or Disposal Facilities; Section 335.112
Standards; Section 335.115 Additional Reports; Section 335.117
Recordkeeping and Reporting; Section 335.152 Standards; Section
335.155 Additional Reports; Section 335.159 Hazardous Constituents.
Consideration for adoption of the repeal of the following sections of 30
TAC Chapters 305 and 335: Section 305.146 Reporting; Section 335.114
- Reporting Requirements; Section 335.154 Reporting Requirements for
Owners and Operators. If adopted, the amendments and repeals would
reduce the reporting frequency for hazardous waste storage, processing,
and disposal facilities; add an exemption to manifesting; correct a
wording error; eliminate two hazardous waste storage, processing, and
disposal facility application requirements; and eliminate a redundant
reporting requirement. The proposed text was published in the February
5, 1999, issue of the Texas Register (24 TexReg 678). (Wayne
Harry/Kelly Mego) (Rule Log No. 98024-335-WS) |
|
| Approve adoption of amendments and repeals, RH/JB. All Commissioners Agree |
|
| Item 63. |
Docket No. 1999-0508-RUL. Consideration of a petition for rulemaking
for amendments to 30 TAC Chapter 106, Exemptions from Permitting,
§106.496, concerning trench burners. The petition requests that the
commission initiate rulemaking to move the responsibility for site
approval of trench burners from the Austin Office to the regional offices.
(Terry Leifeste) (Rule Log No. 99016-106-AI) |
|
| Deny petition for rulemaking, JB/RH. All Commissioners Agree |
|
|
EXECUTIVE SESSION |
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| Item 64. |
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. |
|
| No Action Taken |
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| Item 65. |
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. |
|
| 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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