AGENDA

Wednesday, July 25, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 1. 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.
No Action Taken
Item 2. 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
Item 3. 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


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, July 25, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
12100 Park 35 Circle
Room 201S, Bldg. E

AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 1. Docket No. 2000-1183-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Ken Reiber dba SJK Cattle Company in Johnson County; CAFO Facility ID No. None; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Steven Lopez, Michelle Harris)
Issue Agreed Order, RM/JB. All Agree
AIR ENFORCEMENT AGREED ORDERS
Item 2. Docket No. 1999-1475-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Stan Trans, Inc. in Galveston County; TNRCC Air Account No. GB-0005-J; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts)
Issue Agreed Order, RH/JB. All Agree
Item 3. Docket No. 2000-1091-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Army Air Force Exchange Service in El Paso County; Air Account No. EE-1213-R; 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. (Tel Croston, Sheila Smith)
Issue Agreed Order, RH/JB. All Agree
Item 4. Docket No. 2000-1261-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Allen Tari dba Car Company of Plano in Collin County; Air Account No. CP-0440-V; 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. (Cheryl Thompson, Sheila Smith)
Issue Agreed Order, RH/JB. All Agree
Item 5. Docket No. 2000-0097-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Oxy Vinyls, LP in Harris County; Air Account No. HG-0192-D; 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. (Trina K. Lewison, Sheila Smith)
Issue Agreed Order, RH/JB. All Agree
Item 6. Docket No. 2000-1005-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Florida Gas Transmission Company in Nueces and Calhoun Counties; Air Account Numbers NE-0222-V and CB-0051-B; 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. (Carol McGrath, Sheila Smith)
Issue Agreed Order, RH/JB. All Agree
Item 7. Docket No. 2000-0144-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tandem Energy Corporation in Harris County; Air Account No. HG-0230-U; 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. (Trina K. Lewison, Sheila Smith)
Issue Agreed Order, RH/JB. All Agree
Item 8. Docket No. 2001-0088-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Xerxes Corporation in Guadalupe County; Air Account No. GL-0049-W and Operating Permit No. O-00992; 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. (Malcolm A. Ferris, Sheila Smith)
Issue Agreed Order, RH/JB. All Agree
Item 9. Docket No. 2000-1363-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Atlas Match LLC in Tarrant County; Air Account No. TA-0040-H; 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. (Jorge Ibarra, P.E., Sheila Smith)
Issue Agreed Order, RH/JB. All Agree
Item 10. Docket No. 2000-1260-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Duke Energy Field Services, L.P. in Lee County; Air Account No. LF-0022-I; 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. (Gloria Stanford, Sheila Smith)
Issue Agreed Order, RH/JB. All Agree
Item 11. Docket No. 2000-1175-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Dixie Chemical Company, Inc. in Harris County; Air Account No. HG-0199-M; 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. (Miriam Hall, Sheila Smith)
Issue Agreed Order, RH/JB. All Agree
Item 12. Docket No. 2001-0068-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mike Goold dba AAA Industrial Chromium Company in Tarrant County; Air Permit No. 30198; 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. (Cheryl Thompson, Sheila Smith)
Issue Agreed Order, RH/JB. All Agree
Item 13. Docket No. 2001-0109-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Richard Carrol dba D and R Metal Finishing in Harris County; Air Account No. HG-1790-Q; 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. (Kevin Keyser, Sheila Smith)
Issue Agreed Order, RH/JB. All Agree
Item 14. Docket No. 2001-0066-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pioneer Fabricating, Inc. in Wise County; Air Account No. WN-0197-O; 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. (Gloria Stanford, Sheila Smith)
Issue Agreed Order, RH/JB. All Agree
Item 15. Docket No. 2000-1273-AIR-E. Consideration of an Agreed Order assessing administrative penalties against W. Silver, Incorporated in El Paso County; Air Account No. EE-0091-O; 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. (Tom Jecha, Sheila Smith)
Remanded to Executive Director
Item 16. Docket No. 2001-0007-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Petroleum Investment Company in Fort Bend County; Air Account No. FG-0332-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. (Stacey Young, Sheila Smith)
Issue Agreed Order, RH/JB. All Agree
Item 17. Docket No. 2000-1288-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nucor Corporation in Leon County; Air Account No. LG-0006-S; 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. (Suzanne Walrath, Sheila Smith)
Issue Agreed Order, RH/JB. All Agree
Item 18. Docket No. 2001-0155-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Libcon, Inc. dba Leyendecker Materials, Inc. in Webb County; Air Account No. WE-0075-I; 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. (Malcolm A. Ferris, Sheila Smith)
Issue Agreed Order, RH/JB. All Agree
Item 19. Docket No. 2000-1207-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Griffin Industries, Incorporated in Harris County; Air Account No. HG-5394-A; 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. (Carl Schnitz, Sheila Smith)
Issue Agreed Order, RH/JB. All Agree
Item 20. Docket No. 2000-1448-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Petroleum Investment Company in Calhoun County; Air Account No. CB-0058-K; 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. (Audra Baumgartner, Sheila Smith)
Issue Agreed Order, RH/JB. All Agree
Item 21. Docket No. 2000-1266-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Smith Corrosion Services, Inc. in Harris County; Air Account No. HG-0664-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. (Miriam Hall, Sheila Smith)
Issue Agreed Order, RH/JB. All Agree
EDWARDS AQUIFER ENFORCEMENT AGREED ORDER
Item 22. Docket No. 2001-0077-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against Shurgard Texas Limited Partnership in Williamson County; Edwards Aquifer Protection Program No. 00061903; for Edwards Aquifer Protection Program violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King, Michelle Harris)
Issue Agreed Order, RM/JB. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS
Item 23. Docket No. 2001-0011-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Quala Systems, Incorporated in Brazoria County; ISW Reg. No. 83778; for industrial & hazardous 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. (Gilbert Angelle, Craig Fleming)
Issue Agreed Order, RM/RH. All Agree
Item 24. Docket No. 2000-1023-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Advanced Aromatics, L.P. in Harris County; Solid Waste Registration No. 31239; for industrial & hazardous 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. (Catherine Sherman, Craig Fleming)
Issue Agreed Order, RM/RH. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 25. Docket No. 2000-1098-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Domaine Cordier U.S.A., Inc. in Pecos County; Water Quality Permit No. 0003177; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Dan Landenberger, Michelle Harris)
Issue Agreed Order, RM/RH. All Agree
Item 26. Docket No. 2000-1030-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Participation Development Corp. (Texas) Inc. in Henderson County; Account Number 11506-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston, Michelle Harris)
Remanded to Executive Director
Item 27. Docket No. 2000-1250-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Petroleum Wholesale, Inc. in Harris County; Permit No. None; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle, Michelle Harris)
Issue Agreed Order, RM/RH. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDERS
Item 28. Docket No. 2000-1321-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Viking Pools Central, Inc. in Midland County; TNRCC ID No. F0641 and Air Account No. ML-0342-B; for air quality violations pursuant to Tex. Health & Safety Code chs. 382 and 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Dan Landenberger, Sheila Smith)
Reposted as Item # 72
Item 29. Docket No. 2001-0262-MLM-E. Consideration of an Agreed Order assessing administrative penalties against O.V. Casey Plumbing, Inc. and Casey & Sons Septic Service, Inc. in Uvalde County; Transporter Registration No. 22364; for water quality and municipal solid 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. (Malcolm A. Ferris, Sheila Smith)
Issue Agreed Order, JB/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 30. Docket No. 2000-1451-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Doty Sand Pit Venture, Inc. in Harris County; MSW ID No. 1247; 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. (Steven Lopez, Craig Fleming)
Issue Agreed Order, RM/RH. All Agree
Item 31. Docket No. 2000-1179-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. David H. Jones dba South Texas Tire Disposal in Cameron County; TNRCC ID No. 25666; for municipal solid waste violations pursuant to the Tex. Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, ch.s 7 and 26 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Robert Hernandez)
Issue Agreed Order, RM/RH. All Agree
Item 32. Docket No. 2001-0050-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Lipham Construction Company Inc. in Hockley County; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Craig Fleming)
Issue Agreed Order, RM/RH. All Agree
Item 33. Docket No. 2000-0914-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Browning-Ferris Industries, Inc. in Jefferson County; Municipal Solid Waste Permit No. 2027; for municipal solid 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. (Susan Kelly, Craig Fleming)
Issue Agreed Order, RM/RH. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 34. Docket No. 2000-1251-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Aker Gulf Marine in San Patricio County; TPDES Permit No. 03012-000; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (John Mead, Michelle Harris)
Issue Agreed Order, RM/RH. All Agree
Item 35. Docket No. 2000-0995-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The City of Alice in Jim Wells County; NPDES Permit No. and Water Quality Permit No. 10536-002; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Carol McGrath, Michelle Harris)
Issue Agreed Order, RM/RH. All Agree
Item 36. Docket No. 2000-0788-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Bartlett in Bell County; TPDES and Water Quality Permit No. 10880-001; 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, Michelle Harris)
Issue Agreed Order, RM/RH. All Agree
Item 37. Docket No. 2000-1072-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Bishop Consolidated Independent School District in Nueces County; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston, Michelle Harris)
Issue Agreed Order, RM/RH. All Agree
Item 38. Docket No. 2000-1181-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Mason in Mason County; TPDES Permit No. 10670-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Mark Newman, Michelle Harris)
Issue Agreed Order, RM/RH. All Agree
Item 39. Docket No. 2000-1252-MWD-E. Consideration of an Agreed Order assessing administrative penalties against James Barnhart, Jr. dba James Barnhart Dairy in Hopkins County; TNRCC Account No. None; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (John Mead, Michelle Harris)
Issue Agreed Order, RM/RH. All Agree
Item 40. Docket No. 2000-1105-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Vanceco, Inc. dba Creekwood Utilities Wastewater Treatment Plant in Montgomery County; expired Water Quality Permit No. 13750-001; 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, Michelle Harris)
Issue Agreed Order, RM/RH. All Agree
Item 41. Docket No. 2000-1334-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Department of Criminal Justice in Houston County; TPDES Permit No. 11181-001; 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. (Michael De La Cruz, Michelle Harris)
Issue Agreed Order, RM/RH. All Agree
Item 42. Docket No. 2000-1199-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Randolph Water Supply Corporation in Fannin County; TPDES Permit No. 11343-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Joseph Daley, Michelle Harris)
Remanded to Executive Director
Item 43. Docket No. 2000-1025-MWD-E. Consideration of an Agreed Order assessing administrative penalties against First Colony Municipal Utility District No. 9 in Nueces County; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston, Michelle Harris)
Reposted as #73
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 44. Docket No. 2000-1464-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Zaki Ahmad Haboul dba Fast Track Food Store in Tarrant County; PST Facility ID No. 62925; 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. (Steven Lopez, Craig Fleming)
Issue Agreed Order, RH/RM. All Agree
Item 45. Docket No. 1999-0267-PST-E. Consideration of an Agreed Order assessing administrative penalties against Kenneth Sanders dba Jerry's Kwik Change in Lubbock County; TNRCC ID No. 15240; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts)
Remanded to Executive Director
Item 46. Docket No. 2000-1019-PST-E. Consideration of an Agreed Order assessing administrative penalties against Regal Oil, Inc. dba Star Stop Food Mart #14 in Howard County; PST Facility ID No. 46592; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Dan Landenberger, Craig Fleming)
Issue Agreed Order, RH/RM. All Agree
Item 47. Docket No. 2000-1426-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wal-Mart Stores, Inc. in Hale County; PST Facility ID No. 4559; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Craig Fleming)
Issue Agreed Order, RH/RM. All Agree
Item 48. Docket No. 2000-1259-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rytex, Inc. in Val Verde County; Petroleum Storage Tank Facility ID No. 28453; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Carol McGrath, Craig Fleming)
Issue Agreed Order, RH/RM. All Agree
Item 49. Docket No. 2000-1322-PST-E. Consideration of an Agreed Order assessing administrative penalties against North Texas Tank Rental, Inc. in Dallas County; PST Facility ID No. 0009076; for petroleum storage tank violations pursuant to Tex. Heath & Safety Code ch. 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Melinda Houlihan, Craig Fleming)
Issue Agreed Order, RH/RM. All Agree
Item 50. Docket No. 2000-1362-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Driscoll Children's Hospital in Nueces County; Petroleum Storage Tank Facility ID No. 43073; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Carol McGrath, Craig Fleming)
Issue Agreed Order, RH/RM. All Agree
Item 51. Docket No. 2000-1159-PST-E. Consideration of an Agreed Order assessing administrative penalties against BASN Corporation dba Swif-T Food Store in Dallas County; Petroleum Storage Tank ID No. 0042964; 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. (Kent Heath, Craig Fleming)
Issue Agreed Order, RH/RM. All Agree
Item 52. Docket No. 2000-1454-PST-E. Consideration of an Agreed Order assessing administrative penalties against AA & MM International Inc. dba Amburn Food Mart in Galveston County; Petroleum Storage Tank Facility ID No. 0039050; 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. (Kent Heath, Craig Fleming)
Issue Agreed Order, RH/RM. All Agree
Item 53. Docket No. 2000-1132-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Young J. Lee dba Times Market #18 in Nueces County; Petroleum Storage Tank Facility ID No. 49910; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Audra Baumgartner, Craig Fleming)
Issue Agreed Order, RH/RM. All Agree
Item 54. Docket No. 2000-1239-PST-E. Consideration of an Agreed Order assessing administrative penalties against Eastex Telephone Cooperative, Incorporated in Polk and San Jacinto Counties; Petroleum Storage Tank Facility ID Nos. 0025644, 0025645, 0025646, and 0025647; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (John Barry, Craig Fleming)
Issue Agreed Order, RH/RM. All Agree
Item 55. Docket No. 2000-0791-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Vincent Bustamante in Harris County; Petroleum Storage Tank Facility ID No. 0006658; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Kent Heath, Craig Fleming)
Issue Agreed Order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER
Item 56. Docket No. 2000-1238-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Del Oil & Gas Co. dba Bud's Quick Chek in Tarrant County; TNRCC Facility ID No. 0030453; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts)
Issue Default Order, RH/RM. All Agree
PETROLEUM STORAGE TANK SHUTDOWN ORDER
Item 57. Docket No. 2000-1238-PST-E. Consideration of a Shutdown Order requiring certain actions of Del Oil & Gas Company, Incorporated dba Bud's Quick Chek in Tarrant County; TNRCC ID No. 0030453; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts)
Issue Shutdown Order, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 58. Docket No. 1999-1400-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of John Miller dba M & H Water Supply in Hill County; TNRCC ID No. 1090061; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (James Biggins)
Issue Agreed Order, RH/JB. All Agree
Item 59. Docket No. 2000-1364-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Randy Arndt dba Sun Valley Mobil Home Park in Erath County; Public Water Supply ID No. 0720025; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra, P.E., Michelle Harris)
Issue Agreed Order, RH/JB. All Agree
Item 60. Docket No. 2000-1034-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Kruger Water Works, Inc. in Denton County; Public Water Supply No. 0610087; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle, Michelle Harris)
Issue Agreed Order, RH/JB. All Agree
Item 61. Docket No. 2000-1016-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Larry Phillips dba Rainbow Lake Mobile Home Park in Liberty County; Public Water Supply No. 1460040; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kimberly McGuire, Michelle Harris)
Issue Agreed Order, RH/JB. All Agree
Item 62. Docket No. 2000-0470-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Roger Van Voorhees and Mr. Norman Deike, a Partnership dba Magic Enterprises dba Sunset Woods Water System in Burnet County; Public Water Supply No. 0270092; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 5, and the rules of the Texas Natural Resource Conservation Commission. (Larry King, Michelle Harris)
Issue Agreed Order, RH/JB. All Agree
Item 63. Docket No. 2000-1280-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Buckhorn Ranch and Lake, Inc. in Harris County; Public Water Supply No. 1011345; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kimberly McGuire, Michelle Harris)
Issue Agreed Order, RH/JB. All Agree
Item 64. Docket No. 2000-1171-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hood County Utilities in Hood County; Public Water Supply No. 1110079; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kent Heath, Michelle Harris)
Issue Agreed Order, RH/JB. All Agree
WATER RIGHTS ENFORCEMENT AGREED ORDER
Item 65. Docket No. 2000-1242-WR-E. Consideration of an Agreed Order assessing administrative penalties against Messrs. Larry, Steven, and Scott Wilson d.b.a. B.A.R.W. Ranch in Eastland County; Water Rights Permit No. None; for water rights violations pursuant to Tex. Water Code ch. 11 and the rules of the Texas Natural Resource Conservation Commission. (George Ortiz, Michelle Harris)
Issue Agreed Order, RH/JB. All Agree
RULE MATTERS
Item 66. Docket No. 2001-0759-RUL. Consideration of a petition for rulemaking filed by the Law Office of Erich Birch, P.C. on behalf of Rock-Tenn Company requesting that the commission revise 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds, Section 117.520, Compliance Schedule for Industrial, Commercial, and Institutional Combustion Sources in Ozone Nonattainment Areas, to extend the compliance date for major sources of nitrogen oxides in the Dallas/Fort Worth ozone nonattainment area from March 31, 2002 to March 31, 2004. The staff recommendation is to deny the petition. (Eddie Mack/Janis Hudson/Jill Burditt) (Rule Log No. 2001-064-PET-AI)
Deny Petition for Rulemaking, RH/BM. All Agree
Item 67. Docket No. 2001-0758-RUL. Consideration of a petition for rulemaking filed by Ms. Cary Terrall on behalf of 125 citizens of Hays and other Texas counties requesting that the commission revise 30 TAC Chapter 111, Control of Air Pollution from Visible Emissions and Particulate Matter, Section 111.209, Exception for Disposal Fires. The petitioners request that the rule be made more restrictive by authorizing residential, domestic waste burning only when collection is not provided or authorized by a local governmental entity or, additionally, when it is not available or provided by a private commercial collection service. Staff recommends denial of the petition, but requests direction to further assess the issues related to potential health impacts from domestic waste burning over the next six months. (Arnoldo Medina/Jill Burditt) (Rule Log No. 2001-065-PET-AI)
Deny Petition for Rulemaking, JB/RH. All Agree
Item 68. Docket No. 2001-0764-RUL. Consideration of a petition by First Wave Marine Inc., for rulemaking to create a new Subchapter P in 30 TAC Chapter 321, Control of Certain Activities By Rule. If approved, the petition will establish a general permit by rule for abrasive blasting and spray painting conducted by shipyards in the coastal waters of Texas. (Jacquelyn Boutwell/L'Oreal Stepney/Michael Bame) (Rule Log No. 2001-066-PET-WS)
Deny Petition for Rulemaking, RH/JB. All Agree
EXECUTIVE SESSION
Item 69. 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
Item 70. 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
Item 71. 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.
No Action Taken
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.
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.


ADDENDUM TO AGENDA

Wednesday, July 25, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
12100 Park 35 Circle
Bldg E. Room 201S

Item 72. Docket No. 2000-1321-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Viking Pools Central, Inc. in Midland County; TNRCC ID No. F0641 and Air Account No. ML-0342-B; for air quality and waste violations pursuant to Tex. Health & Safety Code chs. 382 and 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Dan Landenberger, Sheila Smith)
Issue Agreed Order, JB/RM. All Agree
Item 73. Docket No. 2000-1025-MWD-E. Consideration of an Agreed Order assessing administrative penalties against First Colony Municipal Utility District No. 9 in Fort Bend County; TPDES Permit No. 12806-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston, Michelle Harris)
Issue Agreed Order, RM/RH. All Agree


AGENDA

Wednesday, July 25, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
12100 Park 35 Circle
Bldg E. Room 201S

Item 1. TNRCC Docket No. 2000-0889-AIR; SOAH Docket No. 582-01-0972. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application by Chaparral Steel Midlothian L.P., proposed amendment to Air Quality Permit No. 8097 and PSD-TX-138M5 (Large Section Mill Reheat Furnance), in Midlothian, Ellis County.
See Item # 4
Item 2. TNRCC Docket No. 2000-0314-MWD; SOAH Docket No. 582-00-2102. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of AquaSource Development Company, Inc., for a Waste Discharge Permit to authorize the discharge of treated domestic wastewater into an unnamed tributary of the West Fork San Jacinto River in Montgomery County.
Adopt Administrative Law Judge's Proposal for Decision and Issue Order with changes, RH/JB. All Agree
Item 3. TNRCC Docket No. 2000-1168-PWS-E; SOAH Docket No. 582-01-1222. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the enforcement action against Roger Boyd and Rocket Water Company for alleged violations concerning a water utility that provides drinking water to the Oak Forest subdivision in San Marcos, Hays County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Issue Order with changes as recommended by Executive Director, and penalty in amount of $6,738.00 be assessed, RH/RM. All Agree


ADDENDUM TO AGENDA

Wednesday, July 25, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
12100 Park 35 Circle
Bldg E. Room 201S

Item 4. TNRCC Docket No. 2000-0889-AIR; SOAH Docket No. 582-01-0972. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application by Chaparral Steel Midlothian L.P., proposed amendment to Air Quality Permit No. 8097 and PSD-TX-138M5 (Large Section Mill Reheat Furnace), in Midlothian, Ellis County. The Commission will also consider public comment; the Executive Directors' Response to Comments; permit amendment application, proposed amended permit, and related filings, exceptions and replies regarding the application by Chaparral Steel Midlothian.
Adopt Administrative Law Judge's Proposal for Decision and Issue Order with changes, adopt Executive Director's Response to Comments, and instructed General Counsel regarding language to be included into order, RH/RM. All Agree