|
HEARING REQUEST |
| |
| Item 1. |
Docket No. 2001-0719-AIR. Consideration of application by Poly Plastics, Inc. for
new Air Quality Permit No. 42399 to authorize the expanded operation of the existing
facilities. The flexographic printing and packaging plant is located in Trumball, Ellis
County, Texas. The Commission will also consider requests for hearing or
reconsideration, related responses and replies, public comment, and the Executive
Director's Response to Comments. (Craig Richardson/Janis Hudson) |
|
| Grant hearing request of Mr. Richard Toals and remand to Alternative Dispute Resolution for 4 to 6
weeks and if mediation fails forward to State Office Administrative Hearings and allow 3 months from
the date of preliminary hearing, RH/JB. All Agree |
|
| Item 2. |
Docket No. 2001-0658-MWD. Consideration of permit application no. 14165-001,
submitted by The Railyard Joint Venture for a new permit to authorize the discharge
of treated domestic wastewater at a daily average flow not to exceed 350,000 gallons
per day in the final phase. The wastewater treatment facility will serve a residential
development project. The facility will be located approximately 8,500 feet northwest
of State Highway 21 crossing of Brushy Creek in Hays County, Texas. The
commission will also consider hearing requests, related responses and replies, public
comment and the Executive Director's response and replies, public comment and the
Executive Director's Response to Comments. (Kent H. Trede/Guy Henry) |
|
| Reposted as Item #65 |
|
| Item 3. |
Docket No. 2001-0702-MSW. Consideration of permit application no. MSW- 2281
by the City of Shamrock for a permit for a new Type I-AE municipal solid waste
management facility. The permit will authorize the City of Shamrock to construct a
landfill that will accept municipal solid waste from municipal, community,
commercial, institutional, agricultural, and recreational activities, non-hazardous Class
2 and Class 3 industrial wastes, yard wastes, and approved special wastes. The
facility is to be located on a 24.43 acre site located about 1.5 miles northwest of the
city limits of Shamrock, in Wheeler County, Texas. The Commission will also
consider requests for hearing or reconsideration, related responses and replies, public
comment and the Executive Director's Response to Comments. (Mike Graeber/Guy
Henry) |
|
| Grant hearing request of parties, but deny Eddy McMurtry and remand to Alternative Dispute
Resolution for 4 to 6 weeks to allow mediation, if mediation fails forward to State Office
Administrative Hearings and hearing to be completed 6 months from preliminary hearing, RH/JB. All
Agree |
|
|
AGRICULTURAL ENFORCEMENT AGREED ORDER |
|
| Item 4. |
Docket No. 2001-0328-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Javier Tapia dba J.T.
Dairy in Tom Green County; Water Quality 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. (Mark Newman, Terry Thompson) |
|
| Issue agreed order, RH/JB. All Agree |
|
|
AIR ENFORCEMENT AGREED ORDERS |
|
| Item 5. |
Docket No. 2001-0087-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Ticona Polymers, Incorporated in Nueces County;
Air Account No. NE-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. (Sheila Smith, Stacey Young) |
|
| Issue agreed order, RH/JB. All Agree |
| |
| Item 6. |
Docket No. 1999-0699-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Steves & Sons, Incorporated in Bexar County;
TNRCC ID No. BG-0214-F; for air quality violations pursuant to the Tex. Clean Air
Act, ch. 382 of the Tex. Health & Safety Code, chs. 7 and 26 of the Tex. Water Code,
and the rules of the Texas Natural Resource Conservation Commission. (Joshua M.
Olszewski) |
|
| Issue agreed order, RH/JB. All Agree |
| |
| Item 7. |
Docket No. 2000-1093-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Alliant Energy Desdemona,
L. P. in Eastland County; Air Account No. EA-0085-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. (George Ortiz, Stacey
Young) |
| |
| Remand to Executive Director |
| |
| Item 8. |
Docket No. 2000-1267-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Chevron Phillips Chemical Company LP in Harris
County; Air Account No. HG-0566-H; for air quality and drinking water quality
violations pursuant to Tex. Health & Safety Code chs. 341 and 382, Tex. Water Code
ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Faye
Liu, Stacey Young) |
|
| Issue agreed order, RH/JB. All Agree |
| |
| Item 9. |
Docket No. 2001-0194-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Michael Barton dba Cotton Valley RV in El Paso
County; Air Account No. EE-0803-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. (Tel Croston, Stacey Young) |
|
| Issue agreed order, RH/JB. All Agree |
| |
| Item 10. |
Docket No. 2001-0017-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Blue Dolphin Energy Company in Brazoria
County; Air Account No. BL-0421-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. (Kevin Keyser, Stacey Young) |
|
| Issue agreed order, RH/JB. All Agree |
| |
| Item 11. |
Docket No. 2001-0154-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Mr. Blackstone Dillworth in Webb County; Air
Account No. WE-0284-U; for air quality and municipal solid waste violations
pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and
the rules of the Texas Natural Resource Conservation Commission. (Malcolm A.
Ferris, Stacey Young) |
| |
| Remand to Executive Director |
| |
| Item 12. |
Docket No. 2000-1048-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Structural Metals, Inc. in
Guadalupe County; Air Account No. GL-0028-H and Air Permit No. 37740; 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, Stacey Young) |
|
| Issue agreed order, RH/JB. All agree |
| |
| Item 13. |
Docket No. 2001-0244-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Patterson Petroleum LP, LLLP in Fort Bend
County; Air Account No. FG-0040-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. (Catherine Albrecht, Stacey Young) |
|
| Issue agreed order, RH/JB. All agree |
| |
| Item 14. |
Docket No. 2000-1284-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Menasha Corporation in
Rockwall County; Air Account No. RJ-0077-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. (Susan Johnson, Stacey Young) |
|
| Issue agreed order, RH/JB. All agree |
| |
| Item 15. |
Docket No. 2000-0780-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Marathon Ashland Petroleum LLC in Galveston
County; Air Account No. GB-0055-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. (Sushil Modak, Stacey Young) |
|
| Issue agreed order, RH/JB. All agree |
| |
| Item 16. |
Docket No. 2001-0172-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Goodyear Tire and Rubber Company in Jefferson
County; Air Account No. JE-0039-N; 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. (Laura Clark, Stacey Young) |
|
| Issue agreed order, RH/JB. All agree |
| |
| Item 17. |
Docket No. 2001-0193-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against FFP Marketing Company Inc. in El Paso County;
Air Account No. EE-1961-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, Stacey Young) |
|
| Issue agreed order, RH/JB. All agree |
| |
| Item 18. |
Docket No. 2001-0025-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Entergy Gulf States, Inc. in
Jefferson County; TNRCC Air Account No. JE-0045-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. (Laura Clark, Stacey
Young) |
|
| Issue agreed order, RH/JB. All agree |
| |
| Item 19. |
Docket No. 2000-1117-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Continental Cabinets
Manufacturing, Inc. in Dallas County; Air Account No. DB-0621-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. (Sheila Smith,
Stacey Young) |
|
| Issue agreed order, RH/JB. All agree |
| |
| Item 20. |
Docket No. 2001-0037-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Akzo Nobel Chemicals, Inc.
in Harris County; Air Account No. HG-0717-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. (Michael Meyer, Stacey Young) |
|
| Issue agreed order, RH/JB. All agree |
|
|
AIR ENFORCEMENT DEFAULT ORDER |
|
| Item 21. |
Docket No. 2000-0776-AIR-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of WeeBe Industries, Inc. in
Tarrant County; TNRCC ID No. TA-0611-H; for air quality violations pursuant to
Chapter 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the
rules of the Texas Natural Resource Conservation Commission. (Joshua M.
Olszewski) |
|
| Issue default order, RH/RM. All agree |
|
|
EDWARD AQUIFER ENFORCEMENT AGREED ORDER |
|
| Item 22. |
Docket No. 2001-0107-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Texas Curb Cut,
Incorporated in Williamson County; Edwards Aquifer Protection Plan No.
00000010; 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, Terry Thompson) |
|
| Issue agreed order, RH/JB. All agree |
|
|
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS |
| |
| Item 23. |
Docket No. 2000-1275-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Bobby Lee dba
Environmental Box Cleaning & Storage Services in Harris County; Solid Waste
Registration No. 86346; 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. (Faye Liu, Gloria Stanford) |
|
| Issue agreed order, RM/RH. All agree |
| |
| Item 24. |
Docket No. 2000-1389-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Heartland Rig
International, Inc. in McCulloch County; Industrial Hazardous Waste Registration
No. 35046; 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. (Mark Newman, Gloria Stanford) |
|
| Issue agreed order, RM/RH. All agree |
| |
|
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER |
|
| Item 25. |
Docket No. 2001-0127-IWD-E. Consideration of an Agreed Order assessing
administrative penalties against Strasburger Enterprises, Inc. in Smith County;
NPDES Permit No. TXG830049; for water quality violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Carolyn V. Lind, Terry Thompson) |
|
| Issue agreed order, JB/RH. All agree |
|
| |
MULTI-MEDIA ENFORCEMENT AGREED ORDERS |
| |
| Item 26. |
Docket No. 2000-1306-MLM-E. Consideration of an Agreed Order assessing
administrative penalties against Xklen Corporation in Harris County; TNRCC ISW
Registration No. 83163; 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. (J. Craig Fleming, Stacey Young) |
|
| Issue agreed order, RH/RM. All agree |
| |
| Item 27. |
Docket No. 2000-1304-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Texas Department of
Transportation in Tom Green County; TNRCC ISW Registration No. 64138; 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. (J. Craig Fleming, Stacey Young) |
|
| Issue agreed order, RH/RM. All agree |
|
|
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS |
| |
| Item 28. |
Docket No. 2000-1486-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Garland in
Dallas County; TNRCC Permit No. 1062A; 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. (Tim Haase, Gloria
Stanford) |
|
| Issue agreed order, JB/RH. All agree |
| |
| Item 29. |
Docket No. 2000-1027-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Logo Materials, Inc. in
Nueces County; Unauthorized Site No. 45514007; 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. (Gary L.
McDonald, Gloria Stanford) |
| |
| Issue agreed order, JB/RH. All agree |
| |
|
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
|
| Item 30. |
Docket No. 2000-0023-MWD-E. Consideration of an Amended Agreed Order
amending Agreed Order, TNRCC Docket No. 2000-0023-MWD-E regarding the City
of Little Elm in Denton County; TNRCC Water Quality Permit No. 11600-001;
pursuant to chs. 7 and 26 of the Tex. Water Code. (Gitanjali Yadav) |
|
| Issue agreed order, RM/RH. All agree |
| |
| Item 31. |
Docket No. 2000-1059-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Texas Paradise Point, Inc.
in Montgomery County; TPDES Permit No. 13629-001; 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, Terry Thompson) |
|
| Issue agreed order, RM/RH. All agree |
| |
| Item 32. |
Docket No. 2000-1185-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Thousand Trails, Inc. in Hill County; TPDES
Permit No. 13075-001; 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, Terry Thompson) |
|
| Issue agreed order, RM/RH. All agree |
| |
| Item 33. |
Docket No. 2001-0052-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Texas Parks and Wildlife
Department in Burnet County; Water Quality Permit No. 11566-001 (Expired); for
water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of
the Texas Natural Resource Conservation Commission. (David Van Soest, Terry
Thompson) |
|
| Issue agreed order, RM/RH. All agree |
| |
| Item 34. |
Docket No. 2000-1394-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Texas A&M University in Brazos County; TPDES
Permit No. 04002; 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, Terry Thompson) |
|
| Issue agreed order, RM/RH. All agree |
| |
| Item 35. |
Docket No. 2001-0012-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against NCI Building Systems, L.P. in Harris County;
Texas Pollutant Discharge Elimination System Permit No. 12552-002; for water
quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Catherine Albrecht, Terry
Thompson) |
|
| Issue agreed order, RM/RH. All agree |
|
| Item 36. |
Docket No. 2001-0200-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Laguna Madre Water District in Cameron
County; TPDES Permit No. 10350-001; 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, Terry Thompson) |
|
| Issue agreed order, RM/RH. All agree |
|
|
ON-SITE SEWAGE INSTALLER DEFAULT ORDER |
| |
| Item 37. |
Docket No. 2000-1187-OSI-E. Consideration of a Default Order assessing
administrative penalties against Derek T. Williams in Orange County; TNRCC ID
No. OS4948; for on-site sewage installer violations pursuant to chs. 7 and 26 of the
Tex. Water Code, ch. 366 of the Tex. Health & Safety Code, and the rules of the
Texas Natural Resource Conservation Commission. (Joshua M. Olzewski) |
|
| Remand to Executive Director |
|
| |
ON-SITE SEWAGE INSTALLER AGREED ORDER |
|
| Item 38. |
Docket No. 2000-1453-OSI-E. Consideration of an Agreed Order assessing
administrative penalties against Daniel Sertuche dba Sertuche & Son Plumbing in
Victoria County; On-Site Sewage Facility Installer ID No. 2177(Expired); for on-site
sewage installation violations pursuant to Tex. Health & Safety Code ch. 366, Tex.
Water Code ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (A. Sunday Udoetok, Terry Thompson) |
|
| Issue agreed order, JB/RH. All agree |
|
|
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS |
|
| Item 39. |
Docket No. 1999-0279-PST-E. Consideration of a Default Order assessing
administrative penalties against and requiring certain actions of Abel Lopez, Jr. dba
Savey 1 in Tarrant County; TNRCC PST ID No. 0031361; 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. (Gitanjali Yadav) |
|
| Issue default order, RH/RM. All agree |
|
| Item 40. |
Docket No. 2000-0518-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Global Finance, Inc. dba
Astrodome Conoco & Alnoor Kermally, Individually in Harris County; TNRCC
ID No. 0027939; 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. (Darren Ream) |
| |
| Remand to Executive Director |
| |
| Item 41. |
Docket No. 1999-0895-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Fred Palacios in Hidalgo
County; TNRCC ID No. 33816; for petroleum storage tank violations pursuant to chs.
7 and 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the
rules of the Texas Natural Resource Conservation Commission. (Darren Ream) |
|
| Remand to Executive Director |
|
|
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
|
| Item 42. |
Docket No. 1999-1236-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Elhamad Enterprises, Inc.
dba JR's Mini Mart in Tarrant County; TNRCC ID No. 0034001; for petroleum
storage tank violations pursuant to ch. 7 of the Tex. Water Code, ch. 382 of the Tex.
Health and Safety Code, and the rules of the Texas Natural Resource Conservation
Commission. (Gitanjali Yadav) |
|
| Issue agreed order, RH/RM. All agree |
| |
| Item 43. |
Docket No. 2001-0162-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Western Transportation Inc. in Tarrant County;
Facility ID No. None; 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. (Judy Fox, Gloria Stanford) |
|
| Issue agreed order, RH/RM. All agree |
|
| Item 44. |
Docket No. 2000-1240-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Racetrac Petroleum, Inc. in
Dallas County; Petroleum Storage Tank Facility ID No. 0070448; for petroleum
storage tank and public water supply violations pursuant to Tex. Health & Safety
Code chs. 341 and 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas
Natural Resource Conservation Commission. (Jorge Ibarra, P.E., Gloria Stanford) |
|
| Issue agreed order, RH/RM. All agree |
| |
| Item 45. |
Docket No. 2000-1029-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Oasis Car Wash, Inc. dba
Oasis Car Wash in Tarrant County; Petroleum Storage Tank Facility ID Nos.
0050069 & 0012030; 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. (Wendy Cooper, Gloria Stanford) |
|
| Issue agreed order, RH/RM. All agree |
| |
| Item 46. |
Docket No. 2001-0182-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Knightco Oil Company dba Superior Lubricants in
Tarrant County; PST Facility ID No. 0033904; 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. (Cheryl Thompson, Gloria
Stanford) |
|
| Issue agreed order, RH/RM. All agree |
| |
| Item 47. |
Docket No. 2001-0028-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Tuong H. Nguyen dba Express Way Food Store in
Dallas County; Petroleum Storage Tank Facility ID No. 0064954; 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. (Jorge Ibarra, P.E., Gloria Stanford) |
|
| Issue agreed order, RH/RM. All agree |
|
|
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER |
|
| Item 48. |
Docket No. 2000-0655-PWS-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Mark Locke dba Champion
Water Services dba Dayton Oaks Estates Public Water Supply in Liberty
County; TNRCC ID No. 1460136; 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. (Joshua Olszewski) |
|
| Issue default order, RH/RM. All agree |
|
|
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
|
| Item 49. |
Docket No. 2001-0030-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Harris County Precinct No. 1 - Main Camp in
Harris County; Public Water Supply 1012497; for drinking water quality violations
pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural
Resource Conservation Commission. (Terry Murphy, Terry Thompson) |
|
| Issue agreed order, RM/RH. All agree |
|
| Item 50. |
Docket No. 2001-0016-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Venus in Johnson
County; Public Water Supply No. 1260006; for drinking water quality violations
pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural
Resource Conservation Commission. (Judy Fox, Terry Thompson) |
|
| Issue agreed order, RM/RH. All agree |
| |
| Item 51. |
Docket No. 2000-1398-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Wayne Downing dba Talent Plus in Lubbock
County; Public Water Supply No. 1520243; for drinking water quality violations
pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural
Resource Conservation Commission. (Subhash Jain, Terry Thompson) |
|
| Issue agreed order, RM/RH. All agree |
| |
| Item 52. |
Docket No. 2000-1381-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Yec Sin Lee in Harris County; Public Water Supply
No. 1012819; 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, Terry Thompson) |
|
| Issue agreed order, RM/RH. All agree |
| |
| Item 53. |
Docket No. 2001-0075-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of High Plains Children's
Home and Family Services in Randall County; Public Water Supply No. 1910012;
for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341
and the rules of the Texas Natural Resource Conservation Commission. (Michelle
Harris, Terry Thompson) |
|
| Issue agreed order, RM/RH. All agree |
|
|
DISTRICT MATTERS |
| |
| Item 54. |
Docket No. 2001-0396-DIS. Consideration of a proposed order approving the
petition of Furlong Management, L.L.C., a Texas Limited Liability Company,
General Partner for Furlong Associates, LTD., a Texas Limited Partnership, a
Landowner, for Dissolution of Harris County Municipal Utility District No. 351
(District). The Petitioner requests the Commission dissolve the District pursuant to
Texas Water Code, Sections 49.321 to 49.327. (TNRCC Internal Control No.
04052001-D03; Rob Cummins) |
|
| Grant petition and issue order, RM/JB. All agree |
| |
| Item 55. |
Docket No. 2001-0023-DIS. Consideration of a proposed order approving the
application by Cottonwood Creek Water Control and Improvement District No. 1
for conversion to a Municipal Utility District. For Commission consideration.
Applicant requests approval of a conversion from a Water Control and Improvement
District a Municipal Utility District with the name changing to Cottonwood Creek
Municipal Utility District No. 1. (TNRCC Internal Control No. 11162000-D02) |
|
| Adopt order as recommended, RH/RM. All agree |
|
|
MUNICIPAL SOLID WASTE ADVISORY COUNCIL |
|
| Item 56. |
Docket No. 2001-0809-MIS. Consideration of appointment of five new members to
the Municipal Solid Waste Management and Resource Recovery Advisory Council. |
|
| Approve staff recommendation, RH/RM. All agree |
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RULES |
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| Item 57. |
Docket No. 2001-0814-RUL. Consideration for publication of the following
proposed amended sections of 30 TAC Chapter 305, Consolidated Permits and 30
TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste: |
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Section 305.50 - Additional Requirements for an Application for a Hazardous or
Industrial Solid Waste Permit |
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Section 335.112 - Standards |
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Section 335.152 - Standards |
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The proposed amendments would update the commission's hazardous waste rules
primarily to address changes to the federal hazardous waste regulations promulgated
between December 1994 through September 1999, including certain requirements
relating to inspections, air emission controls, and staging piles. The proposed
amendments also incorporate administrative and editorial amendments to correct
errors and inconsistencies and to improve readability. (Ray Austin/Marilyn
Querejazu/Lara Nehman) (Rule Log No. 2000-044A-335-WS) |
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| Approve publication, RH/RM. All agree |
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| Item 58. |
Docket No. 2001-0275-RUL. Consideration for the adoption of the rules review and
readoption of 30 TAC Chapter 111, Control of Air Pollution from Visible Emissions
and Particulate Matter. This review is in accordance with Texas Government Code,
Section 2001.039, and the General Appropriations Act, Article IX, Section 9-10.13,
76th Legislature, 1999, which require state agencies to review and consider for
readoption each of their rules every four years. The proposal was published in the
May 25, 2001 issue of the Texas Register (26 TexReg 3833). (Debra Barber) (Rule
Log No. 1999-063-111-AI) |
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| Approve adoption and readoption of 30 TAC Chapter 111, RH/JB. All agree |
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| Item 59. |
Docket No. 2001-0433-RUL. Consideration for adoption of the following amended
sections of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic
Compounds, and corresponding revisions to the state implementation plan: |
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Subchapter B, General Volatile Organic Compound Sources |
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Section 115.142 |
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Subchapter D, Petroleum Refining, Natural Gas Processing, and Petrochemical
Processes |
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Sections 115.322, 115.323, 115.325, 115.327, and 115.329 |
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Subchapter E, Solvent-Using Processes |
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Sections 115.412, 115.413, 115.415 - 115.417, 115.419, 115.423, 115.426, 115.427,
115.432, 115.433, 115.435, 115.436, 115.439, and 115.442 |
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Subchapter F, Miscellaneous Industrial Sources |
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Sections 115.512, 115.517, and 115.519 |
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The revisions to Chapter 115 clarify and add flexibility to existing requirements,
correct errors, update references to terms, delete redundant and obsolete language, and
add a minor recordkeeping requirement necessary to determine compliance with an
exemption. The proposal was published in the June 8, 2001 issue of the Texas
Register (26 TexReg 4026). (Keith Sheedy/Jill Burditt) (Rule Log No.
2001-005-115-AI) |
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| Adopt amended section of 30 TAC Chapter 115, JB/RM. All agree |
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| Item 60. |
Docket No. 2000-1066-RUL. Consideration for adoption of the following
amendment to the notice requirements in 30 TAC Chapter 39, Public Notice, Section
39.551, Application for Wastewater Discharge Permit, Including Application for the
Disposal of Sewage Sludge or Water Treatment Sludge. |
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This adoption would amend Chapter 39 notice requirements for applicants seeking to
discharge storm water and certain non-storm water from municipal separate storm
sewer systems (MS4s) under an individual Texas Pollutant Discharge Elimination
System (TPDES) permit. The proposed rule was published in the June 8, 2001 issue
of the Texas Register (26 TexReg 4022). (Steve Ligon/Debi Dyer) (Rule Log No.
2000-040-039-AD) |
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| Adopt 30 TAC Chapter 39, JB/RH. All agree |
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| Item 61. |
Docket No. 2001-0263-RUL. Consideration for adoption of the following
amendment of sections and the repeal of a subchapter in 30 TAC Chapter 336,
Radioactive Substance Rules: The amendments to Subchapter A, General Provisions,
Section 336.2; Subchapter D, Standards for Protection Against Radiation, Sections
336.305, 336.307, 336.310, 336.312, 336.315, 336.316, 336.319 - 336.322, 336.335,
336.341, 336.346, 336.358, and 336.359; and Subchapter G, Decommissioning
Standards, Section 336.611. The repeal of Subchapter I, Financial Assurance,
Sections 336.801 - 336.807. |
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These adopted amendments will conform Chapter 336 to United States Nuclear
Regulatory Commission (NRC) rules on radiation protection standards. The NRC has
made minor rule changes mainly involving respiratory protection equipment updates,
and the amendments track those NRC rule revisions using essentially identical
language. Subchapter I is proposed for repeal because its requirements were
incorporated into 30 TAC Chapter 37, Subchapters S and T, in an earlier rulemaking.
The proposed rules and repeal were published in the June 8, 2001 issue of the Texas
Register (26 TexReg 4052). (Hygie Reynolds/Don Redmond/Auburn Mitchell) (Rule
Log No. 2001-003-336-WS) |
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| Adopt amendment to 30 TAC Chapter 336, RM/RH. All agree |
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EXECUTIVE SESSION |
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| Item 62. |
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 63. |
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 64. |
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. |