|
|
Hearing Requests |
|
| Item 1. |
Docket No. 1999-1021-AIR. ABC CONCRETE INC. for Air Quality
Standard Exemption No. 40894 under TNRCC 30 Texas Administrative
Code Section 106.201 (formerly known as Standard Exemption 71) to
operate a Concrete Batch Plant. The proposed location of the facility is at
the intersection of County Road 133 and FM 1660 in Hutto, Williamson
County, Texas. The Commission will consider the application and the
hearing requests filed on the application. (Garret Arthur/Earl Jones) |
| Deny Hearing Request and approve application, JB/RH. All Commissioners Agree |
|
| Item 2. |
Docket No. 1999-1028-AGR. Consideration of permit application no.
03200, submitted by Jochum Schievink for a new Texas Pollutant
Discharge Elimination System (TPDES) permit to expand an existing
concentrated animal feeding operation (CAFO) for a dairy facility from a
maximum of 990 head to 1200 head in Erath County, Texas. No
discharge of pollutants into the waters in the state is authorized by the
permit except as a result of chronic or catastrophic rainfall event. The
facility is located on the east side of County Road 285 two miles south of
the intersection of County Road 285 with Farm-to-Market Road 219
approximately ten miles southeast of Dublin in Erath County, Texas. The
Commission will also consider hearing requests, related responses and
replies, public comments, and the Executive Director's response to
comments. (Joseph Musa/Robin Smith) |
| Continued to September 29, 1999 |
|
| Item 3. |
Docket No. 1999-1029-AIR. PIONEER CONCRETE OF TEXAS for a
renewal of Air Quality Permit No. 4165B to authorize the continued
operation of an existing Concrete Batch Plant. The location of the existing
facility is 1719 Scyene Road in Mesquite, Dallas County, Texas. The
Commission will consider the application and the hearing requests filed
on the application. (Garett Arthur/Dois Webb) |
| Deny Hearing Request and approve application, RM/JB. All Commissioners Agree |
|
| Item 4. |
Docket No. 1999-1020-AIR. SAVELL CONTRACTORS for Air Quality
Permit No. 39672 to operate a Concrete Crushing Plant. The location of
the existing plant is 4428 Shell Dock Road in Baytown, Chambers
County, Texas. The Commission will consider the application and the
hearing requests filed on the application. (Arnoldo Medina/Alex Berksan) |
| Grant Hearing Request to Mr. Lannie and the Thain family. Allow 4 to 6 weeks for Alternative Dispute Resolution, if mediation fails forward to State Office Administrative Hearings, JB/RM. All Commissioners Agree |
|
| Item 5. |
Docket No. 1999-1026-MSW. CITY OF LAREDO for an amendment
for a vertical expansion of their existing Type I municipal solid waste
landfill and for the acceptance of Class 1 non hazardous industrial solid
waste. The permit boundary covers approximately 200 acres. The facility
will receive 1,096 tons of municipal solid waste per day. The proposed
site is located in Webb County, approximately 2 miles east of the
intersection of State Highway 359 and Loop 20 in Laredo. The
Commission will consider the application and the hearing requests that
have been filed on the application. |
| Deny Hearing Request and approve application, RH/RM. All Commissioners Agree |
|
| Item 6. |
Docket No. 1999-1027-DIS. Consideration of an application by Brushy
Creek Municipal Utility District of Williamson County for approval to
levy impact fees. Applicant requests Commission approval of a $1,875
per equivalent single-family connection (ESFC) uniform water system
impact fee and a $950 per ESFC uniform wastewater system impact fee.
The Commission will consider the application and the hearing requests
and related responses and replies that have been filed on the application.
(Internal Control No. 11251997-DO2, Robert Cummins) |
| Deny Hearing Request and approve impact fees, JB/RM. All Commissioners Agree |
|
|
|
(Affirm, Modify or Set Aside Emergency Orders) |
|
| Item 7. |
Docket No. 1999-1041-IWD. Consideration of a request by West Texas
Utilities (WTU) to Affirm, Modify or Set Aside an Emergency Order.
West Texas Utilities operates the Paint Creek Power Plant and is
authorized to discharge under Texas Pollutant Discharge Elimination
System Permit No. 00963. The WTU Emergency Order was granted by
the Executive Director on August 18, 1999, without a hearing, under
Texas Water Code §35.301 0 35.303. The Emergency Order authorized
the discharge of once-through cooling water at a daily average
temperature not to exceed 118 F and a daily maximum temperature not
to exceed 124 F to Lake Stamford in Segment 1235 of the Brazos River
Basin for 120 days. The plant is located in Haskell County, Texas.
(Anthony Tatu, Cindy Lee) |
| Affirm Emergency Order, RH/RM. All Commissioners Agree |
|
| Item 8. |
Docket No. 1999-1042-IWD. Consideration of a Request by West Texas
Utilities (WTU) to Affirm, Modify or Set Aside an Emergency Order.
West Texas Utilities operates the Oak Creek Power Plant (the Plant), a
steam electric station with a generating capacity of 85 megawatts and is
authorized to discharge under Texas Pollutant Discharge Elimination
System Permit No. 00997. The WTU Emergency Order as granted by the
Executive Director on August 16, 1999, without a hearing. The
Emergency Order was granted under Texas Water Code §§ 5.501 and
5.509 and 30 Tex Admin Code §§ 35.301 - 35.303. The Emergency
Order authorizes the discharge of once-through cooling water at a daily
average temperature not to exceed 115 F and a daily maximum
temperature not to exceed 124 F to Oak Creek Reservoir, then to Oak
Creek, and then to the Colorado River Below E.V. Spence Reservoir, in
Segment 1426 of the Colorado River Basin. The Emergency Order
authorizes WTU to discharge under the Emergency Order for a period of
120 days. The plant is located in Coke County, Texas. (Emily W.
Rogers, Cindy Lee) |
| Affirm Emergency Order, RH/RM. All Commissioners Agree |
|
|
|
(Superfunds) |
|
| Item 9. |
Docket No. 1999-1095-SPF. Consideration of an administrative order to
conduct remedial investigation/feasibility study at the McBay Oil & Gas
State Superfund Site in Grapeland, Houston County, Texas. (Michael
Bame, Caroline Sweeney) |
| Approve Agreed Administrative Order, RM/RH. All Commissioners Agree |
|
| Item 10. |
Docket No. 1999-1115-SPF. Consideration of an administrative order to
dismiss a joint administrative order issued by the Department of Health
and The Texas Water Commission concerning the Watersbend Apartment
Complex in Austin, Travis County, Texas. (Caroline Sweeney, Mike
Frew) |
| Approve Administrative Order as revised by staff, RH/JB. All Commissioners Agree |
|
| Item 11. |
Docket No. 1999-1085-SPF. Consideration of amendments to the
administrative orders to conduct remedial investigation and feasibility
study activities at the following Eight State Superfund sites: 1) American
Zinc Proposed State Superfund Site in Dumas, Moore County, Texas;
Federated Metals State Superfund Site in Houston, Harris County, Texas;
3) Gulf Metals State Superfund Site in Houston, Harris County, Texas; 4)
Higging Wood Preserving Proposed State Superfund Site in Lufkin,
Angelina County, Texas; 5) Materials Recovery Enterprises, Inc.
Proposed State Superfund Site in Ovalo, Taylor County, Texas; 6) Old
Lufkin Creosoting State Superfund Site in Lufkin, Angelina County,
Texas; 7) Solvent Recovery Services State Superfund Site in Arcola, Fort
Bend County, Texas; and 8) Thompson-Hayward Chemical Company
Proposed State Superfund Site in Munday, Knox County, Texas.
(Caroline Sweeney) |
| Remand to Executive Director |
|
|
|
(Industrial Waste Discharge Enforcement Agreed Orders) |
|
| Item 12. |
Docket No. 1998-1049-IWD-E. Consideration of an Agreed Order
assessing administrative penalties against the City of Lubbock, Lubbock
Power and Light in Lubbock County; Permit No. 03668; for water quality
violations pursuant to the TEX. WATER CODE chs. 7 and 26 and the
rules of the Texas Natural Resource Conservation Commission. (Michael
Meyer) |
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 13. |
Docket No. 1998-1357-IWD-E. Consideration of an Agreed Order
assessing administrative penalties to CITGO Products Pipeline Company
in Tarrant County; Registration No. L-03793; for water quality violations
pursuant to TEX. WATER CODE chs. 7 and 26, and the rules of the
Texas Natural Resource Conservation Commission. (Craig Carson) |
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
|
|
(Municipal Waste Discharge Enforcement Agreed Orders) |
|
| Item 14. |
Docket No. 1998-1020-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Military Highway Water Supply Corporation in Hidalgo County; Water
Quality Permit No. 13462 for water quality violations pursuant to TEX.
WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource
Conservation Commission. (Brian Lehmkuhle) |
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
| Item 15. |
Docket No. 1998-0933-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Nome in Jefferson County; Water Quality Permit No. 11564-001; for
water quality violations pursuant to TEX. WATER CODE chs. 7 and 26
and the rules of the Texas Natural Resource Conservation Commission.
(Pamela Campbell |
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
| Item 16. |
Docket No. 1998-1074-MWD-E. Consideration of an Agreed Order
assessing administrative penalties of Benjamin Jacob and George P.
Samuel dba Pine Forest Motel and Maganbhai R. Patel, Bhagubhai B.
Patel and Vinubhai B. Patel dba Holiday Motel in Liberty county; Water
Quality Permit No. 12161-001; for water quality violations pursuant to
Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Pamela Campbell) |
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
| Item 17. |
Docket No. 1998-1018-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Brazoria County Municipal Utility District No. 6 in Brazoria County;
Water Quality Permit No. 13784-001; for water quality violations
pursuant to TEX. WATER CODE chs. 7 and 26, and the rules of the
Texas Natural Resource Conservation Commission. (Craig Carson) |
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
| Item 18. |
Docket No. 1998-0970-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Weatherford Holding U.S., Inc. in Harris County; Expired Permit No.
12522-001; for water quality violations pursuant to TEX. WATER CODE
chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Laurie Eaves) |
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
|
|
(On-Site Sewage Installer Agreed Order) |
| |
| Item 19. |
Docket No. 1998-1131-OSI-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Navarro Truck Stop, Inc. in Navarro County; On-Site Sewage Facility
Permit No. 175-010 for water quality violations pursuant to TEX.
HEALTH & SAFETY CODE ch. 366 and TEX. WATER CODE ch. 7
and the rules of the Texas Natural Resource Conservation Commission.
(Brian Lehmkuhle) |
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
|
|
(Edwards Aquifer Enforcement Agreed Orders) |
|
| Item 20. |
Docket No. 1998-1516-EAQ-E. Consideration of an Agreed Order
assessing administrative penalties of Primestore Inc. in Williamson
County; Edwards Aquifer Protection Plan No. 98072001; for water
quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the
rules of the Texas Natural Resource Conservation Commission. (Patrick
Hudson/Laurie Eaves) |
| Issue Agreed Order, RH/RM. All Commissioners Agree |
|
| Item 21. |
Docket No. 1999-0261-EAQ-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of St.
Andrew's Episcopal School in Travis County: Edwards Aquifer Protection
Program No. 97102801; for water quality violations pursuant to TEX.
WATER CODE Chapter 26 and the rules of the Texas Natural Resource
Conservation Commission. (Patricia Reeh/Laurie Eaves) |
| Issue Agreed Order, RH/RM. All Commissioners Agree |
|
|
|
(Public Water Supply Enforcement Agreed Orders) |
|
| Item 22. |
Docket No. 1998-0659-PWS-E. Consideration of an Agreed Order
assessing administrative penalties against Marvin Shead dba
Roadrunner-BMX, in Galveston County; Public Water Supply No.
0840223 for drinking water quality violations pursuant to the Texas
Health & Safety Code Chapter 341 and the rules of the Texas Natural
Resource Conservation Commission. ( Subhash Jain) |
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 23. |
Docket No. 1998-1448-PWS-E. Consideration of an Agreed Order
assessing administrative penalties of Steve Elliston dba University Park
Mobile Home Park in Parker County: Public Water Supply No. 1840104;
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. (Audra Baumgartner) |
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 24. |
Docket No. 1998-1372-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Village
Farms of Deleware, L.L.C. dba Village Farms of Texas, L.P. in Jeff Davis
County; Public Water Supply ID No. 1220012; for drinking water quality
violations pursuant to TEXAS HEALTH & SAFETY CODE ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (Clint
Pruett) |
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 25. |
Docket No. 1998-1134-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Norman Sadik dba Hill Country Kitchen in Travis County; Public Water
Supply No. 2270272; for drinking water quality violations pursuant to the
Texas Health and Safety Code Ch. 341 and the rules of the Texas Natural
Resource Conservation Commission. (Audra Baumgartner) |
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 26. |
Docket No. 1998-0518-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Village
Farms of Marfa, L.L.P. in Presidio County: Public Water Supply No.
1890013; for drinking water quality violations pursuant to TEXAS
HEALTH & SAFETY CODE ch. 341 and the rules of the Texas Natural
Resource conservation Commission. (Clint Pruett) |
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
|
|
(Public Water Supply Enforcement Default Order) |
|
| Item 27. |
Docket No. 1998-1067-PWS-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of
Amistad Water Supply Corp. and Carrie Suniga, Individually, in Bee
County; TNRCC ID No. 0130060; 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. (David
Speaker) |
| Issue Default Order, JB/RM. All Commissioners Agree |
|
|
|
(Air Enforcement Agreed Orders) |
|
| Item 28. |
Docket No. 1998-0529-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against The Goodyear Tire & Rubber Company in Harris County; Air
Account No. HG-0288-M; for air violations pursuant to the Texas Clean
Air Act, the Texas Health & Safety Code ch. 382, the Texas Water Code
ch. 7 and the rules of the Texas Natural Resource Conservation
Commission. (Matthew Kolodney and Miriam Hall) |
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 29. |
Docket No. 1998-1499-AIR-E. Consideration of an Agreed Order
assessing administrative penalties of United Parcel Service, Incorporated
in El Paso County; Air Account No. EE-1201-B; 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. (Lawrence King) |
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 30. |
Docket No. 1998-1466-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against BASF Corporation in Brazoria County: Air Account No.
BL-0021-0; for air quality violations pursuant to the Texas Clean Air Act,
TEX. HEALTH & SAFETY CODE ch. 382 and TEX. WATER CODE ch
7, and the rules of the Texas Natural Resource Conservation Commission.
(Gita Arasteh and Miriam Hall) |
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 31. |
Docket No. 1999-0003-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Gulf
Elecroquip, Ltd. in Harris County; Account No. HG-2932-N: 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. (Sheila Smith) |
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 32. |
Docket No. 1998-0905-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Texas
Department of Criminal Justice, Mark Stiles Unit in Jefferson County: Air
Account No. JE-0762-G; for violations pursuant to Texas Health and
Safety Code chs. 341, 361 and 382, Texas Water Code chs. 7 and 26, and
the rules of the Texas Natural Resource Conservation Commission.
(Brant Graham, Lawrence King) |
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 33. |
Docket No. 1999-0049-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Calpine
Corporation in Harris County; Air Account No. HG-9954-A; 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. (Anjili Sabharwal
and Miriam Hall) |
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 34. |
Docket No. 1999-0047-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Parker
Trailer Sales, Incorporated in Titus County; Account No. TF-0060-P; 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.
(Suzanne Walrath) |
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 35. |
Docket No. 1998-1443-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against Nations Way Transport Service, Incorporated in El Paso County;
Account No. EE-1956-K; 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, RM/RH. All Commissioners Agree |
|
| Item 36. |
Docket No. 1998-1496-AIR-E. Consideration of an Agreed Order
assessing administrative penalties of FFP Marketing company,
Incorporated in El Paso County; Air Account No. EE-1993-E; for air
quality violations pursuant to Texas Clean Air Act, TEX. Health &
SAFETY CODE ch. 382, and TEX. WATER CODE ch. 7 and the rules of
the Texas Natural Resource Conservation Commission. (Lawrence King) |
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 37. |
Docket No. 1998-1498-AIR-E. Consideration of an Agreed Order
assessing administrative penalties of El Paso Independent School District
in El Paso County; Air Account No. ee-1240-0; 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. (Lawrence King) |
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 38. |
Docket No. 1998-1340-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of United
Salt Corporation in Fort Bend County; Account No. FG-0039-A; for air
quality violations pursuant to Texas Clean Air Act, TEX. HEALTH &
SAFETY CODE ch. 382, and the rules of the Texas Natural Resource
Conservation Commission. (Nasser Nemati) |
| Issue Agreed Order, RM/RH. All Commissioners Agree |
| Item 39. |
Docket No. 1998-1509-AIR-E. Consideration of an Agreed Order
assessing administrative penalties of Health Jet Incorporated dba Chung's
Gourmet Foods in Harris County; Account No. HG-7805-J; 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. (Suzanne Walrath) |
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 40. |
Docket No. 1997-0480-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Leggett
& Platt Incorporated, Texas Fibers Division, in Tarrant County; TNRCC
ID No. DB-4521-J; 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. (David Speaker) |
| Remanded to Executive Director |
|
| Item 41. |
Docket No. 1998-1496-AIR-E. Consideration of an Agreed Order
assessing administrative penalties of FFP Marketing Company,
Incorporated in El Paso County; AIR Account No. EE-1993-E; for air
quality violations pursuant to Texas Clean Air Act, TEX. HEALTH &
SAFETY CODE ch. 382, and TEX. WATER CODE ch. 7 and the rules of
the Texas Natural Resource Conservation Commission. (Lawrence King) |
| No Action Required |
|
|
|
(Air Enforcement Default Order) |
|
| Item 42. |
Docket No. 1998-1275-AIR-E. Consideration of a Default Order
assessing administrative penalties against Price Construction, Inc. dba
Gonzales Concrete Batch Plant in Val Verde County; TNRCC ID No.
12913; for air violations pursuant to the Texas Clean Air Act, 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.
(David Speaker) |
| Issue Default Order, RH/RM. All Commissioners Agree |
|
|
|
(Petroleum Storage Tank Default Order) |
|
| Item 43. |
Docket No. 1999-0118-PST-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of
Raymond Carrillo in Fisher County; TNRCC ID No. 04709; 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. (Ali Abazari) |
| Issue Default Order, RM/JB. All Commissioners Agree |
|
|
|
(Petroleum Storage Tank Enforcement Agreed Order) |
|
| Item 44. |
Docket No. 1999-0457-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Frank
Drummond dba F. E. Distributing in Dallas County; PST Facility ID No.
0046964; for petroleum storage tank violations pursuant to Texas Health
& Safety Code ch. 382 ("the Act"0 and Texas Water Code chs. 7 and 26
and the rules of the Texas Natural Resource Conservation Commission.
(Juli McMasters) |
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
| Item 45. |
Docket No. 1999-0006-PST-E. Consideration of an Agreed Order
assessing administrative penalties against Mr. Sid Jones dba Sid's Food
Store in Dallas County; PST Facility ID. No. 0015149; for petroleum
storage tank violations pursuant to the TEX. HEALTH & SAFETY
CODE ch. 382, the TEX. WATER CODE ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Frank Muser) |
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
| Item 46. |
Docket No. 1998-0997-PST-E. Consideration of an Agreed Order
assessing administrative penalties against McGown Oil Company dba
Winnie Chevron and Mr. Mark W. Brown in Chambers County; PST
Facility ID No. 0047142; for petroleum storage tank violation pursuant to
TEX. HEALTH & SAFETY CODE ch. 382 and TEX. WATER CODE
ch. 7 and the rules of the Texas Natural Resource Conservation
Commission. (J. Mac Vilas) |
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
|
|
(Multi-Media Enforcement Agreed Order) |
|
| Item 47. |
Docket No. 1999-0056-MLM-E. Consideration of an Agreed Order
assessing administrative penalties of Reliant Energy Entex in Fort Bend
County; Enforcement ID No. 13234; for industrial & hazardous waste and
municipal solid waste violations pursuant to the Texas Solid Waste
Disposal Act, TEXAS HEALTH AND SAFETY CODE ch. 361 ("the
Act") and TEX. WATER CODE chs. 7 and 26, and the rules of the Texas
Natural Resource Conservation Commission. (J. Craig Fleming) |
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
|
|
(Rules) |
|
| Item 48. |
Docket No. 1999-0940-RUL. Consideration for publication of proposed
amendments to the following chapters of 30 Texas Administrative Code
(TAC): 30 TAC Chapter 37, concerning Financial Assurance; 30 TAC
Chapter 305, concerning Consolidated Permits; 30 TAC Chapter 324,
concerning Used Oil; 30 TAC Chapter 330, concerning Municipal Solid
Waste; 30 TAC Chapter 331, concerning Underground Injection Control;
30 TAC Chapter 334, concerning Underground and Aboveground
Storage Tanks; 30 TAC Chapter 335, concerning Industrial Solid Waste
and Municipal Hazardous Waste; and 30 TAC Chapter 336, concerning
the Radioactive Substance Rules. |
|
|
|
The proposed rules will consolidate the financial assurance rules into
Chapter 37. The rule amendments will clarify and improve the
organization of the Chapter 37 rules and will achieve consistency with
state and federal law. Obsolete, redundant, and duplicative provisions
will be deleted as part of the commission's regulatory reform initiative.
There are few substantive modifications. |
|
|
|
This action also constitutes the commission's review of the rules
contained in 30 TAC Chapter 37, in accordance with the Texas
Government Code, §2001.39, implementing Senate Bill 178, 76th
Legislature, 1999. (Michelle Lingo, Linda Shirck, Elaine Adams) (Rule
Log No. 98051-037-AD) |
| Approve publication of proposed amendments, RH/JB. All Commissioners Agree |
|
| Item 49. |
Docket No. 1999-0244-RUL. Consideration for adoption of amendments
to 30 TAC Chapter 335, Subchapter H, concerning Standards for the
Management of Specific Wastes and Specific Types of Facilities. The
adoption would revise the commission's hazardous waste rules at 30 TAC
§§335.261 and 335.262 to add paint and paint-related waste to the list of
universal wastes and to add management standards for the new universal
waste. The adoption also includes a technical correction and corrections
of cross-references. The proposed rules were published in the April 16,
1999 issue of the Texas Register (24 TexReg 3036) (Ray Austin) (Rule
Log No. 97183-335-WS) |
| Approve adoption of amendments, JB/RM. All Commissioners Agree |
|
| Item 50. |
Docket No. 1999-1073-RUL. Consideration of a petition for rulemaking
for amendments to Section 312.2, concerning Applicability (Sludge Use,
Disposal, and Transportation) and Section 324.3, concerning
Applicability (Used Oil Recycling). The petition requests that the
commission propose and adopt rules that would change the management
of grit trap waste that contains recoverable amounts of oil from being
jointly regulated as a municipal solid waste and a recyclable oil mixture
to being regulated only as a recyclable used oil mixture. (Joe Thomas/Vic
Ramirez) (Rule Log No. 98079-312-WT) |
| Grant petition and adopt order as recommended, RH/RM. All Commissioners Agree |
|
| Item 51. |
Docket No. 1999-0363-RUL. Consideration of the adoption of
amendments to the following sections of 30 TAC: |
|
|
|
Chapter 37 |
- |
Financial Assurance |
|
|
Section
37.11 |
- |
Definitions |
|
|
Section
37.261 |
- |
Corporate Guarantee for Closure |
|
|
Section
37.551 |
- |
Corporate Guarantee for Liability |
|
|
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Chapter 335 |
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Industrial Solid Waste and Municipal Hazardous
Waste |
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Section 335.112- |
Standards (Subchapter E, Interim Standards for
Owners and Operators of Hazardous Waste
Storage, Processing, or Disposal Facilities) |
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Section 335.152- |
Standards (Subchapter F, Permitting Standards
for Owners and Operators of Hazardous Waste
Storage, Processing, or Disposal Facilities) |
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The amendments give an additional financial assurance option to owners
and operators of Industrial and Hazardous Waste facilities. The
additional option is for guarantors to use the financial test to provide a
guarantee on behalf of entities with which they have a substantial
business relationship. The proposed rules were published in the June 4,
1999 issue of the Texas Register (24 TexReg 4171). (Linda
Shirck/Patricia Hershey) (Rule Log No. 98059-037-AD) |
| Approve Adoption of Amendments, RM/RH. All Commissioners Agree |
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| Item 52. |
Docket No. 1999-1056-RUL. Consideration for publication of, and
hearing on, proposed amendments to the following chapters and sections
of 30 TAC: |
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Chapter 1 |
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Purpose of Rules, General Provisions |
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Section
1.7 |
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Computation of Time |
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Section
1.11 |
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Service on Judge, Parties, and Interested Persons |
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Chapter
50 |
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Action on Applications |
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Section
50.19 |
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Notice of Commission Action, Motion for Rehearing |
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Section
50.39 |
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Motion for Reconsideration |
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Chapter
55 |
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Request for Contested Case Hearings; Public Comment |
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Section
55.27 |
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Commission Action on Hearing Request |
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The proposed amendments conform the commission rules to the
provisions of Senate Bill (SB) 211, 76th Legislature (1999). SB 211
added three days to the period in which a party is presumed to have
been notified of a decision that may become final in a contested case
hearing when notice is sent by first class mail. (Tracy Gross, Jim
Dodds) (Rule Log No. 99054-001-AD). |
| Continued to September 29, 1999 |
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EXECUTIVE SESSION |
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| Item 53. |
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 54. |
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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