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Item carried forward from Agenda of September 27, 2000 |
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Item 1. |
Docket No. 2000-0825-MWD. Consideration of permit application no. 14077-001,
submitted by BRADFIELD FAMILY PARTNERSHIP LTD. for a new permit,
proposed Permit No. 14077-001, to authorize the disposal of treated domestic
wastewater at a daily average flow not to exceed 3,700 gallons per day via subsurface
drainfields with a minimum area of 61,420 square feet. This permit will not authorize
a discharge of pollutants into waters in the State. The wastewater treatment facilities
and disposal area are located approximately 1,000 feet south of the intersection of
Loop 360 and Mopac Boulevard in Travis County, Texas. The plant site and disposal
area are located in the drainage basin of Barton Creek in Segment No. 1430 of the
Colorado River Basin. The Commission will also consider hearing requests, related
responses and replies, public comment and the Executive Director's response to
comments. (Firoj Vahora/Oren Connaway) |
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Deny hearing request, issue permit with additional provisions to be added, RH/RM. All Agree |
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Item carried forward from agenda of September 27, 2000 |
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Item 2. |
Docket No. 2000-0062-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Hometown Meadow Glen,
LLC in Tarrant County; Facility Water Quality Permit No. WQ12768-001; for water
quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Wendy Penland, Terry Murphy) |
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Issue Agreed Order, RH/RM. All Agree |
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Item carried forward from agenda of September 27, 2000. |
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Item 3. |
Docket No. 2000-0579-DIS. Consideration of approval of District's fire protection
plan and service contract as proposed for Fort Bend County Municipal Utility
District No. 117. |
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Approve Fire Protection Plan and Service Contract, RM/RH. All Agree |
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Item carried forward from agenda of September 27, 2000 |
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Item 4. |
Docket No. 2000-0578-DIS. Consideration of approval of District's fire protection
plan and services contract as proposed for Fort Bend County Municipal Utility
District No. 109. |
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Approve Fire Protection Plan and Service Contract, RM/RH. All Agree |
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Item carried forward from agenda of September 27, 2000 |
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Item 5. |
Docket No. 2000-0577-DIS. Consideration of approval of District's fire protection
plan and services contract as provided for Fort Bend County Municipal Utility
District No. 108. |
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Approve Fire Protection Plan and Service Contract, RM/RH. All Agree |
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Item carried forward from agenda of September 27, 2000 |
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Item 6. |
Docket No. 2000-0576-DIS. Consideration of approval of District's fire protection
plan and services contract as proposed for Fort Bend County Municipal Utility
District No. 106. |
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Approve Fire Protection Plan and Service Contract, RM/RH. All Agree |
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Item carried forward from agenda of September 27, 2000 |
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Item 7. |
Docket No. 2000-0669-DIS. Consideration of approval of District's fire protection
plan and services contract as proposed for Fort Bend County Municipal Utility
District No. 1. |
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Approve Fire Protection Plan and Service Contract, RM/RH. All Agree |
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Item carried forward from agenda of September 27, 2000 |
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Item 8. |
Docket No. 2000-0625-DIS. Consideration of approval of District's fire protection
plan and services contract as proposed for Plantation Municipal Utility District of
Fort Bend County. |
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Approve Fire Protection Plan and Services Contract, RM/RH. All Agree |
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Item carried forward from agenda of September 27, 2000 and October 4, 2000. |
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Item 9. |
Docket No. 2000-0927-BGT. Consideration of Fiscal Year 2001 Costs for
Watermaster Operations in the Rio Grande Water Division. For Commission
Action. Pursuant to Texas Water Code Section 11.329; and TAC Section 12.1; 12.3;
12.5 and 304.61 of the Commission Rules, the Executive Director requests that the
Commission consider Watermaster costs of administration for the fiscal year
beginning September 1, 2000 and ending August 31, 2001, for appropriators in the
Rio Grande Water Division, which extends from Fort Quitman, Texas to the mouth of
the Rio Grande River, excluding the watersheds of the Pecos and Devils Rivers; and
includes that portion of the Nueces-Rio Grande Coastal Basin lying in Hidalgo,
Cameron, Willacy and Starr Counties; and approve $625,000.00 as the amount to be
assessed, with the assessment per account to consist of a $50.00 base charge plus a use
fee and/or a storage fee calculated from the authorized acre-feet, and a penalty of
5.0% of any delinquent fee due shall be imposed on a person who fails to pay the
required fee when due and if the person fails to pay the fee within 30 days after the
day which the fee is due, an additional 5.0% penalty shall be imposed. Delinquent
fees will accrue interest beginning on the 61st day after their due date. The yearly
interest rate on all delinquent fees required under this title is the prime rate plus one
percent, as published in the Wall Street Journal on the first day of each calendar year
that is not a Saturday, Sunday, or legal holiday. Penalties and/or interest fees may be
waived by the Executive Director for good cause. |
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Approve Budget, JB/RH. All Agree |
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Item carried forward from agenda of September 27, 2000 and October 4, 2000 |
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Item 10. |
Docket No. 2000-0928-BGT. Consideration of Fiscal Year 2001 Costs for
Watermaster Operations in the South Texas Water Division. For Commission
Action. Pursuant to Texas Water Code Section 11.329; and TAC Section 12.1; 12.3;
12.5 and 304.61 of the Commission Rules, the Executive Director requests that the
Commission consider Watermaster costs of administration for the fiscal year
beginning September 1, 2000 and ending August 31, 2001, for appropriators in the
South Texas Water Division, which consists of the Nueces, San Antonio, Guadalupe
and Lavaca River Basins, as well as the Lavaca-Guadalupe, San Antonio-Nueces and
Nueces-Rio Grande Coastal Basins, except that part of the Nueces-Rio Grande Coastal
Basin in Hidalgo, Cameron, Willacy and Starr Counties, and approve $468,632.00 as
the amount to be assessed, with the assessment per account to consist of a $50.00 base
charge plus a use fee and/or a storage fee calculated from the authorized acre-feet, and
a penalty of 5.0% of any delinquent fee due shall be imposed on a person who fails to
pay the required fee when due and if the person fails to pay the fee within 30 days
after the day which the fee is due, an additional 5.0% penalty shall be imposed.
Delinquent fees will accrue interest beginning on the 61st day after their due date.
The yearly interest rate on all delinquent fees required under this title is the prime rate
plus one percent, as published in the Wall Street Journal on the first day of each
calendar year that is not a Saturday, Sunday, or legal holiday. Penalties and/or interest
fees may be waived by the Executive Director for good cause. |
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Approve Budget, JB/RH. All Agree |
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PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
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Item 1. |
Docket No. 1999-0564-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Arete Real Estate and Development Company, Inc.
dba Port Adventure Inc. in Trinity County; TNRCC ID No. 2280031: 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. (Booker
Harrison) |
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Issue Agreed Order, RM/RH. All Agree |
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Item 2. |
Docket No. 1999-1218-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Gary Richter dba Hillside
Mobile Home Park in El Paso County; Public Water Supply No. 0710050; for
drinking water violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water
Code ch. 13, and the rules of the Texas Natural Resource Conservation Commission.
(Elvia Maske, Laurie Eaves) |
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Issue Agreed Order, RM/RH. All Agree |
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Item 3. |
Docket No. 2000-0536-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Inman Christian Center dba Inman Residential
Treatment Center in Bexar County; PWS Facility ID No. 0150418; for drinking
water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the
Texas Natural Resource Conservation Commission. (Bill Davis, Laurie Eaves) |
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Issue Agreed Order, RM/RH. All Agree |
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Item 4. |
Docket No. 2000-0171-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Bettye Singletary dba Longhorn Ranch Motel in
Brewster County; Public Water Supply No. 0220032; for drinking water violations
pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural
Resource Conservation Commission. (Clint Pruett, Laurie Eaves) |
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Issue Agreed Order, RM/RH. All Agree |
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Item 5. |
Docket No. 1999-0917-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Coronado Water, Inc. in
Deaf Smith County; Public Water Supply ID No. 0590009; for drinking water
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Julia McMasters, Laurie Eaves) |
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Issue Agreed Order, RM/RH. All Agree |
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Item 6. |
Docket No. 2000-0242-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Council Creek Village, Inc.
dba Council Creek Village and South Council Creek No. 2 and Jones-Owen
Company dba South Silver Creek I, II, III in Burnet County; Public Water Supply
Nos. 0270014, 0270080, and 0270041; for drinking water violations pursuant to Tex.
Health & Safety Code ch. 341, Tex. Water Code ch. 13, and the rules of the Texas
Natural Resource Conservation Commission. (Jaime Garza, Laurie Eaves) |
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Issue Agreed Order, RM/RH. All Agree |
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Item 7. |
Docket No. 2000-0332-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Steve Laughlin dba Floore's
Country Store in Bexar County; Public Water Supply No. 0150347; for drinking
water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the
Texas Natural Resource Conservation Commission. (Shawn Stewart, Laurie Eaves) |
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Issue Agreed Order, RM/RH. All Agree |
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Item 8. |
Docket No. 2000-0535-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Delores MacRae dba Glenshores Water Company
in Bosque County; PWS ID No. 0180030; for drinking water violations pursuant to
Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource
Conservation Commission. (Bill Davis, Laurie Eaves) |
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Issue Agreed Order, RM/RH. All Agree |
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MULTI MEDIA ENFORCEMENT AGREED ORDER |
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Item 9. |
Docket No. 2000-0324-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of City of Dell City in Hudspeth
County; PWS ID No. 1150001 and Water Quality Permit No. 0010866-001 (expired);
for water quality and drinking water violations pursuant to Tex. Health & Safety Code
ch. 341, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource
Conservation Commission. (Rebecca Cervantes, Corey Burke) |
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Issue Agreed Order, RM/RH. All Agree |
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AIR ENFORCEMENT AGREED ORDERS |
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Item 10. |
Docket No. 2000-0222-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Horticultural Printers, Ltd. dba IntegraColor, Ltd.
in Dallas County; Air Account No. DB-1250-P; for air quality violations pursuant to
Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Wendy Penland, Tel Croston) |
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Issue Agreed Order, RM/RH. All Agree |
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Item 11. |
Docket No. 2000-0408-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Union Oil Company of California in Andrews and
Gaines Counties; Air Account Nos. AB-0015-Q and GA-0135-G; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and
the rules of the Texas Natural Resource Conservation Commission. (Dan
Landenberger, Corey Burke) |
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Issue Agreed Order, RM/RH. All Agree |
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Item 12. |
Docket No. 2000-0401-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Laboratory Tops,
Incorporated in Williamson County; Air Account No. WK-0171-T; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and
the rules of the Texas Natural Resource Conservation Commission. (Lawrence King,
Corey Burke) |
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Issue Agreed Order, RM/RH. All Agree |
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Item 13. |
Docket No. 2000-0628-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Mobil Producing Texas & New Mexico Inc. in Kent
County; Air Account No. KE-0007-J; for air quality violations pursuant to Tex. Health
& Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural
Resource Conservation Commission. (Kara Dudash, Corey Burke) |
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Issue Agreed Order, RM/RH. All Agree |
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Item 14. |
Docket No. 2000-0591-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Quality Electric Steel
Castings, Inc. in Harris County; Air Account No. HG-0599-F; for air quality
violations pursuant to the Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7,
and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith,
Corey Burke) |
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Issue Agreed Order, RM/RH. All Agree |
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Item 15. |
Docket No. 2000-0409-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against RK Petroleum Corp. in Martin County; TNRCC Air
Account No. MF-0117-C; for air quality violations pursuant to Tex. Health & Safety
Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Dan Landenberger, Corey Burke) |
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Issue Agreed Order, RM/RH. All Agree |
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Item 16. |
Docket No. 2000-0388-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Aero-Marine Engineering, Inc. in Jack County; Air
Account No. JA-0057-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. (Kara Dudash, Corey Burke) |
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Issue Agreed Order, RM/RH. All Agree |
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Item 17. |
Docket No. 2000-0406-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Dynegy, Inc. dba Dynegy Midstream Services, LP
in Ward, Pecos, Crane, and Gaines Counties; TNRCC Air Account Nos. WC-0017-V,
PE-0190-V, CY-0019-H, GA-0011-C; for air quality violations pursuant to Tex.
Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Dan Landenberger, Corey Burke) |
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Issue Agreed Order, RM/RH. All Agree |
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SUPERFUND |
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Item 18. |
Docket No. 2000-1036-SPF. Consideration of an Administrative Order (AO) to
conduct remedial activities at the Jensen Drive Scrap State Superfund Site in
Houston, Harris County, Texas. (Garrett Arthur, Uche (Ike) Ikemba) |
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Approve Administrative Order, JB/RM. All Agree |
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WATER RIGHTS PETITION |
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Item 19. |
Docket No. 2000-1102-WR. Consideration of the Hickory Underground Water
Conservation District No. 1's petition to amend its creation order by expanding its
jurisdiction to include other aquifers present within the District's boundaries. The
Hickory Underground Water Conservation District No. 1 was created by the Texas
Water Commission on June 9, 1982, in portions of Kimble, Menard, Mason, San
Saba, Concho, and McCulloch Counties. This petition was created to conserve,
preserve, protect, recharge, and prevent waste of the Hickory aquifer. By this petition,
the District requests the authority to also regulate the Paleozoic age aquifers, which
are the Mid-Cambrian, the Ellenburger-San Saba, and the Marble Falls aquifer, the
Cambrian-age Hickory aquifer, the Cretaceous-age Edward-Trinity Plateau aquifer,
and the various discontinuous alluvial aquifers of Quaternary and Recent ages. The
Executive Director recommends that the petition be granted because management of
the proposed aquifers would be practical and feasible and a benefit to the land and the
public in the District. No hearing requests were received. |
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Approve Petition with change, JB/RH. All Agree |
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INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS |
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Item 20. |
Docket No. 1997-1072-IHW-E. Consideration of an Agreed Order assessing
administrative penalties against Schenectady International, Inc., in Brazoria County;
TNRCC ID No. 30763; 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. (Booker
Harrison) |
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Issue Agreed Order, RM/JB. All Agree |
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Item 21. |
Docket No. 2000-0189-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of ISP Technologies, Inc. in
Galveston County; Solid Waste Registration No. 30037; for industrial & hazardous
waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code
chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission.
(Catherine Sherman, Sushil Modak) |
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Issue Agreed Order, RM/JB. All Agree |
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Item 22. |
Docket No. 2000-0219-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Archer Daniels Midland
dba Southern Cotton Oil Mill Company in Lubbock County; IHW Facility ID No.
38951; for industrial & hazardous waste violations pursuant to Texas Solid Waste
Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and
the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp,
Sushil Modak) |
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Issue Agreed Order, RM/JB. All Agree |
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MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER |
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Item 23. |
Docket No. 2000-0485-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of City of Cactus in Moore
County; MSW Registration No. 40031; for municipal solid waste violations pursuant
to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the
Texas Natural Resource Conservation Commission. (Bill Davis, Sushil Modak) |
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Issue Agreed Order, RM/JB. All Agree |
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ON-SITE SEWAGE FACILITY INSTALLER ENFORCEMENT AGREED
ORDER |
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Item 24. |
Docket No. 2000-0368-OSI-E. Consideration of an Agreed Order assessing
administrative penalties against Charlie F. Supak dba Hwy 21 Septic Systems in
Bastrop County; On-Site Sewage Facility Installer ID No. 4683; for water quality
violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and
the rules of the Texas Natural Resource Conservation Commission. (Erika Fair,
Laurie Eaves) |
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Issue Agreed Order, RH/JB. All Agree |
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PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
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Item 25. |
Docket No. 2000-0191-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ryder Truck Rental, Inc. in
Dallas County; PST Facility ID No. 0042731; for petroleum storage tank violations
pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules
of the Texas Natural Resource Conservation Commission. (Jorge Ibarra, P.E., David
Van Soest) |
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Issue Agreed Order, RM/RH. All Agree |
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Item 26. |
Docket No. 1999-1375-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of G B A K Properties, Inc.
dba Exxon Eldridge in Harris County; PST Facility ID No. 0069783; for petroleum
storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water
Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Trina K. Lewison, David Van Soest) |
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Issue Agreed Order, RM/RH. All Agree |
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MODIFY, AFFIRM, OR SET ASIDE UTILITY EMERGENCY ORDER |
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Item 27. |
Docket No. 2000-0924-UCR. Consideration to Modify, Affirm, or Set Aside
emergency order issued by the Executive Director on August 18, 2000, for Malcolm
Bailey as Receiver for Pete Bell Water Systems d/b/a Stonefield Water System
and d/b/a Crowley II Acres Water System for an emergency water rate increase
under 5.5.08 and 13.4133, Texas Water Code, and 30 Texas Administrative Code
35.202, in Johnson County, Texas. |
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Continued to November 15, 2000, JB/RH. All 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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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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Item 30. |
Docket No. 1998-1154-EXE. The Commission will meet in closed session to
deliberate the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of the Commission's Executive Director, as permitted by Section 551.074
of the Texas Open Meetings Act, Chapter 551 of the Government Code. The
Commission may also meet in open session to take action on this matter as required by
Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government
Code. |
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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 THE 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. |