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HEARING REQUEST |
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| Item 1. |
Docket No. 2001-0166-MWD. Consideration of permit application no. 14170-001,
submitted by DENTON COUNTY FWSD #4 for a new permit (proposed TPDES
Permit No. 14170-001), which authorizes the discharge of treated domestic
wastewater with a daily flow not to exceed 700,000 gallons per day. The proposed
wastewater treatment facility will serve the District's service area. The site is located
approximately 8,000 feet southwest of the intersection of State Highway 423 and State
Highway 24 in Denton County, Texas. The Commission will also consider hearing
requests, related responses and replies, public comment and the Executive Director's
Response to Comments. (Jay Long/Zdenek Matl) |
| Remanded to Executive Director |
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AIR QUALITY ENFORCEMENT AGREED ORDERS |
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| Item 2. |
Docket No. 2000-0730-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Irma Miller dba Tex Motor
Company in Dallas County; TNRCC ID No. Air Account No. DB-5224-L; for air
violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety
Code, ch. 7 of the Texas Water Code, and the rules of the Texas Natural Resource
Conservation Commission. (Joshua M. Olszewski) |
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| Issue Agreed Order, RM/JB. All Agree |
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| Item 3. |
Docket No. 2000-0900-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Roy Cullison dba R C S
in Johnson County; Air Account No. JH-0414-W; 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 Cooper, Stacey Young) |
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| Issue Agreed Order, RM/JB. All Agree |
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| Item 4. |
Docket No. 2000-0897-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Upper Valley Material, Ltd.
in Hidalgo County; Air Permit No. 19787; 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. (Merrilee Gerberding, Stacey Young) |
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| Issue Agreed Order, RM/JB. All Agree |
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LICENSED IRRIGATORS ENFORCEMENT DEFAULT ORDER |
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| Item 5. |
Docket No. 1999-0693-LII-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of James Goin dba Goin
Irrigation in Dallas County; TNRCC ID No. None; for violations of the irrigator
licensing requirements pursuant to chs. 7 and 34 of the Tex. Water Code and the rules
of the Texas Natural Resource Conservation Commission. (Dwight Martin) |
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| Issue Default Order, RM/JB. All Agree |
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MULTI-MEDIA ENFORCEMENT AGREED ORDERS |
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| Item 6. |
Docket No. 2000-0912-MLM-E. Consideration of an Agreed Order assessing
administrative penalties against Mr. Ellis Brumbeloe dba Ellis Cabinets in Hardin
County; Air Account No. HF-0234-A and MSW Unauthorized Site No. 455100025;
for air quality and municipal solid waste violations pursuant to Tex. Health & Safety
Code chs. 361 and 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas
Natural Resource Conservation Commission. (Laura Clark, Stacey Young) |
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| Issue Agreed Order, RM/RH. All Agree |
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| Item 7. |
Docket No. 2000-0741-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of New Millennium Homes,
Inc. in Montgomery County; TNRCC ID No. NONE; for water quality and water
rights violations pursuant to Tex. Water Code chs. 11, 7, and 26 and the rules of the
Texas Natural Resource Conservation Commission. (David Van Soest, Stacey
Young) |
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| Issue Agreed Order, RM/RH. All Agree |
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| Item 8. |
Docket No. 2000-0676-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Berridge Manufacturing
Company in Bexar County; Air Account No. BG-0555-W and Solid Waste
Registration No. 80959; for air quality and industrial & hazardous waste violations
pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code chs. 7 and
26, and the rules of the Texas Natural Resource Conservation Commission. (Malcolm
A. Ferris, Stacey Young) |
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| Issue Agreed Order, RM/RH. All Agree |
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MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
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| Item 9. |
Docket No. 1999-0807-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Southwest Utilities Inc. in
Harris County; TNRCC ID No. 11255-001; for water quality violations pursuant to
chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Joshua M. Olszewski) |
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| Issue Agreed Order, RH/RM. All Agree |
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| Item 10. |
Docket No. 2000-0384-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Tenaha in Shelby
County; Texas Pollutant Discharge Elimination System (TPDES) No. 0010818-001;
for water quality 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. (Susan Kelly, Subhash Jain) |
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| Issue Agreed Order, RH/RM. All Agree |
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ON SITE SEWAGE FACILITY INSTALLERS ENFORCEMENT DEFAULT
ORDER |
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| Item 11. |
Docket No. 1999-1368-OSI-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Raymond McBride in
Newton County; TNRCC ID No. None; for on-site sewage installer violations
pursuant to ch. 366 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code,
and the rules of the Texas Natural Resource Conservation Commission. (Rebecca
Nash Petty) |
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| Issue Default Order, JB/RM. All Agree |
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PUBLIC WASTER SYSTEM ENFORCEMENT AGREED ORDERS |
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| Item 12. |
Docket No. 1998-0662-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Mohammad Sultan dba Eastgate Water Supply in
Orange County; TNRCC PWS ID No. 1810135; for public drinking water violations
pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the Texas
Natural Resource Conservation Commission. (Joshua M. Olszewski) |
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| Issue Agreed Order, RM/JB. All Agree |
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| Item 13. |
Docket No. 2000-0670-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Preferred Stampings of
Texas, Incorporated in Williamson County; Public Water System No. 2460089; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (Lawrence King,
Subhash Jain) |
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| Issue Agreed Order, RM/JB. All Agree |
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| Item 14. |
Docket No. 2000-0811-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Fielder Burnett dba
Ponderosa Mobile Home Complex in Randall County; Public Water Supply ID No.
1910044; for drinking water quality violations pursuant to Tex. Health & Safety Code
ch. 341 and the rules of the Texas Natural Resource Conservation Commission.
(Shawn A. Hess, Subhash Jain) |
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| Issue Agreed Order, RM/JB. All Agree |
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| Item 15. |
Docket No. 2000-0803-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Fair Road Properties, Inc.
dba Light Ranch Estates in Denton County; Public Water Supply No. 0610226; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (Wendy Cooper,
Subhash Jain) |
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| Issue Agreed Order, RM/JB. All Agree |
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| Item 16. |
Docket No. 2000-0594-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Terra Southwest, Inc. dba
East Ponder Estates in Denton County; Public Water Supply ID No. 0610161; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (J. Craig Fleming,
Subhash Jain) |
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| Issue Agreed Order, RM/JB. All Agree |
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| Item 17. |
Docket No. 2000-1212-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mesa View Water Service
Inc. in Pecos County; Public Water Supply No. 1860009; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Shawn Stewart, Subhash Jain) |
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| Issue Agreed Order, RM/JB. All Agree |
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PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER |
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| Item 18. |
Docket No. 2000-0172-PWS-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Lonny Burnaman dba River
Run Water System in Brazoria County; TNRCC PWS No. 0200575; for public
drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and
the rules of the Texas Natural Resource Conservation Commission. (Joshua M.
Olszewski) |
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| Issue Default Order, JB/RM. All Agree |
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AIR QUALITY (STATE IMPLEMENTATION PLANS) |
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| Item 19. |
Docket No. 2001-0220-AIR . Consideration for publication of, and hearing upon, an
agreement with the City of Dallas, and corresponding revisions to the State
Implementation Plan (SIP) for ozone control. The agreement and revised SIP would
make federally enforceable certain reductions of local ozone precursor emissions of
nitrogen oxides from sources at Love Field in Dallas, Dallas County, Texas. (Kerri
Rowland) |
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| Approve publication and hearing on agreement, RM/RH. All Agree |
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| Item 20. |
Docket No. 2001-0221-AIR . Consideration for publication of, and hearing upon, an
agreement with Delta Airlines, Inc., and corresponding revisions to the State
Implementation Plan (SIP) for ozone control. The agreement and revised SIP would
make federally enforceable certain reductions of local ozone precursor emissions of
nitrogen oxides from sources at the Dallas/Fort Worth International Airport in Dallas
and Tarrant Counties, Texas. (Kerri Rowland) |
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| Approve publication and hearing on agreement with changes as recommended by staff, RM/RH. All
Agree |
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| Item 21. |
Docket No. 2001-0222-AIR . Consideration for publication of, and hearing upon, an
agreement with Southwest Airlines, Co., and corresponding revisions to the State
Implementation Plan (SIP) for ozone control. The agreement and revised SIP would
make federally enforceable certain reductions of local ozone precursor emissions of
nitrogen oxides from sources at Love Field in Dallas, Dallas County, Texas. (Kerri
Rowland) |
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| Approve publication and hearing on agreement, RM/RH. All Agree |
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| Item 22. |
Docket No. 2000-0827-AIR. Consideration for approval of an agreement with
Southwest Airlines and corresponding revisions to the State Implementation Plan
(SIP) for ozone control. The agreement and revised SIP would make federally
enforceable certain reductions of local ozone precursor emissions of nitrogen oxides
from sources at the William P. Hobby Airport in Houston, Harris County, Texas.
(Kerri Rowland/Bill Jordan) (Rule Log No. 2000-011-SIP-AI) |
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| Approve agreement and corresponding SIP with comments, RH/RM. All Agree |
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RULE MATTERS |
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| Item23. |
Docket No. 2000-1161-RUL. Consideration for adoption of the following amended
section of 30 TAC Chapter 305, Consolidated Permits, and amended and new
sections in 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous
Waste: |
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Amended - Section 305.69 - |
Solid Waste Permit Modification at the
Request of the Permittee |
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Amended - Section 335.1 - |
Definitions |
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Amended - Section 335.41 - |
Purpose, Scope and Applicability |
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Amended - Section 335.61 - |
Purpose, Scope and Applicability |
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Amended - Section 335.91 - |
Scope |
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Amended - Section 335.111 - |
Purpose, Scope and Applicability |
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Amended - Section 335.112 - |
Standards |
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Amended - Section 335.152 - |
Standards |
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New -Section 335.271 - |
Purpose, Scope and Applicability |
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New - Section 335.272 - |
Standards |
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The adoption includes revisions to the commission's rules to address changes made to
the federal hazardous waste regulations concerning military and non-military
facilities, personnel, munitions, and explosives. The adoption also includes
administrative revisions, improvements to readability, and correction of internal
cross-references. The proposed rules were published in the December 8, 2000 issue of
the Texas Register (25 TexReg 12134). (Ray Austin/Teres Jimenez/Parker Wilson)
(Rule Log No. 1999-080-335-WS) |
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| Approve recommendations of staff and adopt, JB/RH. All Agree |
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| Item 24. |
Docket No. 2001-0198-RUL. Consideration for publication of, and hearing on, the
following proposed repealed sections of 30 TAC Chapter 114, Control of Air
Pollution from Motor Vehicles; Subchapter I, Non-Road Engines; Division 1, Airport
Ground Support Equipment; and corresponding revisions to the state implementation
plan. |
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Section 114.400 - Definitions |
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Section 114.402 - Control Requirements |
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Section 114.406 - Reporting and Recordkeeping Requirements |
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Section 114.409 - Affected Counties and Compliance Schedules |
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These proposed revisions to Chapter 114 would repeal the rules regarding airport
ground support equipment (GSE) which were adopted on April 19, 2000 for the
Dallas/Fort Worth (DFW) ozone nonattainment area. The anticipated emissions
reductions from these repealed rules will be replaced with reductions from
commission orders made with commercial airline carriers and memorandums of
agreement made with the airport operators. (Alan Henderson/Bill Jordan) (Rule Log
No. 2001-013a-114-AI) |
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| Approve publication and hearing, RM/RH. All Agree |
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| Item 25. |
Docket No. 2000-0969-RUL. Consideration for adoption of the following new
sections to 30 TAC Chapter 101, General Air Quality Rules and 30 TAC Chapter
117, Control of Air Pollution from Nitrogen Compounds: |
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Section - 101.380 - Definitions |
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Section - 101.382 - Applicability |
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Section - 101.383 - General Provisions |
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Section - 101.385 - Recordkeeping and Reporting |
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Section - 117.109 - System Cap Flexibility |
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Section - 117.110 - Change of Ownership - System Cap |
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Section - 117.139 - System Cap Flexibility |
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The new sections would add flexibility to the trading of nitrogen oxides emission
allowables among electric generating facilities in the Dallas/Fort Worth nonattainment
area by allowing daily trading among system cap participants without prior executive
director approval. Electric generating facilities in the attainment counties in east and
central Texas would be allowed to exceed their emissions cap, provided emission
reductions are obtained from another participant in a system cap to offset the
exceedence. The new sections will be submitted as revisions to the state
implementation plan. The proposal was published in the December 1, 2000 issue of
the Texas Register (25 TexReg 11878 and 11883). (Matt Baker/Beecher Cameron)
(Rule Log No. 2000-046-101-AI) |
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| Approve staff recommendations and adopt, RM/RH. All Agree |
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| Item 26. |
Docket No. 2001-0224-RUL. Consideration for publication of, and hearing upon,
the following amendments to 30 TAC Chapter 101, General Air Quality Rules,
Section 101.351, Applicability. The proposed amendments would specify the
requirement for certain sources of emissions of nitrogen oxides (NOx) to obtain
emission allowances under the cap and trade program that was adopted for the
Houston/Galveston (HGA) ozone nonattainment area and published in the January 12,
2001 issue of the Texas Register (26 TexReg 283). The amendments would specify
that stationary facilities that emit NOx which are subject to emission requirements
under 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds, and
which are located at a site where their collective design capacity to emit NOx is ten
tons or more per year, must obtain and use allowances in compliance with 30 TAC
Chapter 101, Subchapter H, Division 3. In the preamble to the HGA NOx cap and
trade rules published on January 12, 2001, the commission stated its intent to propose
the appropriate amendment to the cap and trade rules shortly after their adoption to
clarify their application to facilities and groups of facilities at a site. The amended
section would be submitted as a revision to the state implementation plan. (Matt
Baker/Beecher Cameron/Alan Henderson) (Rule Log No. 2001-015-101-AI) |
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| Approve publication and hearing, RM/JB. All Agree |
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| Item 27. |
Docket No. 2000-0592-RUL. Consideration for publication of adopted new 30
TAC Chapter 7, Section 7.124, Natural Resource Trustees Memorandum of
Understanding (MOU). |
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The adopted rule will set forth the procedures by which the executive director and the
natural resource trustees will interact regarding the ecological risk assessment and the
ecological services analysis processes under Chapter 350, Texas Risk Reduction
Program. (Caroline Sweeney/Richard Seiler/Michael Bame) (Rule Log No.
2000-012-007-AD) |
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| Remand to ED and Repost for April 4, 2001 |
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PETITIONS FOR RULEMAKING |
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| Item 28. |
Docket No. 2001-0196-RUL. Consideration of a petition for rulemaking filed by
Save Our Springs of North East Texas on behalf of 57 landowners of Wood
County requesting that the commission designate a groundwater management area in
North East Texas to include all of Wood County. (Kelly Mills) (Rule Log No. 2001-012-PET-WT) |
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| Approve Petition, JB/RH. All Agree |
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| Item 29. |
Docket No. 2001-0060-RUL. Consideration of a petition for rulemaking filed by
Weirich Bros., Inc. and Texas Aggregates & Concrete Association requesting that
the commission amend 30 TAC Chapter 321, Subchapter D. |
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The proposed amendments would modify Section 321.66 to require any person owning or
operating a sand and gravel washing operation that conducts effluent through a point
source discharge to water in the state to obtain an individual permit or a general permit.
(Snehal R. Patel/Michael Bame) (Rule Log No. 2001-001-321-WT) |
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| Deny Petition, RH/RM. All Agree |
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EXECUTIVE SESSION |
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| Item 30. |
Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED
MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR
CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE
APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES,
DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as
permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as
Chapter 551 of the Government Code. No final action, decision or vote with regard to
any legal or personnel matter considered in the closed meeting shall be made in the
absence of further notice issued in accordance with Chapter 551 of the Government
Code. |
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| No Action Taken |
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| Item 31. |
Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED
SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS
COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE
OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT
CODE. The Commission may also meet in open session to take action on this matter
as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the
Government Code. |
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| No Action Taken |
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| Item 32. |
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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| 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 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. |