|
HEARING REQUEST |
|
| Item 1. |
Docket No. 2001-1132-IWD. Consideration of an application by Holiday Beach
WSC for Permit No. 04290 to authorize the discharge of reverse osmosis reject water
from a water treatment plant at a daily average flow not to exceed 120,000 gallons.
The facility is located on the west side of Interstate Highway 35, 0.5 miles southwest
of the intersection of Interstate Highway 35 and Holiday Boulevard, and
approximately 8.0 miles northeast of the City of Rockport, Aransas County, Texas.
The effluent is discharged via a four inch pipe to a tidal ditch, then to Copano Bay, in
Segment No. 2472 of the Bays and Estuaries. The Commission will also consider a
hearing request, related responses and replies, public comment and the Executive
Director's Response to Comments. (Kimberly Wilson, Robin Smith) |
|
| Remanded to Executive Director, RH/RM. All Agree |
|
| |
AIR QUALITY ENFORCEMENT AGREED ORDERS |
|
| Item 2. |
Docket No. 1999-0486-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Crown Central Petroleum Corporation in Harris
County; TNRCC ID No. HG0175D; for air quality 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.
(Richard O'Connell) |
|
| Issue amended agreed order, RM/RH. All Agree |
|
| Item 3. |
Docket No. 2000-1208-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Hanover Compression, Inc.
in Jim Hogg County; Air Account No. JF-0012-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. (Jaime Garza, Suzanne Walrath) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 4. |
Docket No. 2001-0147-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mobil Oil Corporation in
Jefferson County; TNRCC Air Permit No. JE-0067-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. (Laura Clark, Suzanne
Walrath) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 5. |
Docket No. 2000-1184-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Tuboscope Vetco International L.P. in Grimes
County; Air Account ID No. GK-0075-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. (James Jackson, Suzanne Walrath) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 6. |
Docket No. 2001-0293-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Rio Grande Valley Sugar Growers, Inc. in
Cameron County; Air Account No. HN-0083-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. (Jaime Garza, Suzanne Walrath) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 7. |
Docket No. 2001-0173-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Phillips 66 Company, A Division of Phillips
Petroleum Company in El Paso County; Air Account Nos. EE-1150-Q, EE-2095-P,
and EE-2214-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, Suzanne Walrath) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| |
EDWARDS AQUIFER ENFORCEMENT AGREED ORDER |
|
| Item 8. |
Docket No. 2001-0465-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Western Rim Investors,
LLC in Williamson County; Edwards Aquifer Protection Plan Nos. 00031402 and
01040502; 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. (Robert Mikesh, Subhash Jain) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| |
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER |
|
| Item 9. |
Docket No. 2000-1073-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Akzo Nobel Polymer
Chemicals LLC in Harris County; Solid Waste Registration No. 30281; for
industrial & hazardous waste violations pursuant to Tex. Health & Safety Code chs.
361, 370 and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Catherine Sherman, Susan Johnson) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| |
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER |
|
| Item 10. |
Docket No. 2001-0386-IWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Minsa Corporation in
Bailey County; Water Quality Permit No. 03032-000; 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, Subhash Jain) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| |
MULTI-MEDIA ENFORCEMENT AGREED ORDERS |
|
| Item 11. |
Docket No. 2000-1318-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Premont in Jim
Wells County; TNRCC Air Account Number JG-0089-W; 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. (Carol McGrath, Suzanne Walrath) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 12. |
Docket No. 2001-0251-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Petroleum Wholesale, Inc.
in Guadalupe County; PST Facility ID No. 00929; for water quality and petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Malcolm A. Ferris, Suzanne
Walrath) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 13. |
Docket No. 2000-1302-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Baxter Oil Service, Inc. in
Jefferson County; Used Oil Facility ID No. A85361; for used oil 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, Suzanne
Walrath) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| |
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS |
|
| Item 14. |
Docket No. 2001-0042-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Wise County Recycling, Inc.
in Wise County; Unauthorized Site No. 455040124; 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. (Wendy
Cooper, Susan Johnson) |
|
| Remanded to Executive Director |
| |
| Item 15. |
Docket No. 2001-0460-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Baxter Oil Service, Inc. dba
Jones Oil Service in Harris County; Used Oil Registration No. A85204; for used oil
violations pursuant to Tex. Health & Safety Code ch. 371, Tex. Water Code ch. 7, and
the rules of the Texas Natural Resource Conservation Commission. (J. Craig Fleming,
Susan Johnson) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 16. |
Docket No. 2001-0431-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Frank's Fuels, Inc. in Ector
County; Used Oil Registration No. A85302; for used oil violations pursuant to Tex.
Health & Safety Code ch. 371, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Gloria Stanford, Susan Johnson) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 17. |
Docket No. 2001-0466-MSW-E. Consideration of an Agreed Order assessing
administrative penalties against Houston Marine Services, Inc. in Harris County;
Registration No. A85458; for used oil violations pursuant to Tex. Health & Safety
Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Merrilee Gerberding, Susan Johnson) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| |
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
|
| Item 18. |
Docket No. 2000-1298-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Fine Meadow Farm, Incorporated in Erath
County; Water Quality 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. (Jorge Ibarra, P.E., Subhash Jain) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 19. |
Docket No. 1999-0591-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Elkhart in
Anderson County; Water Quality Permit No. 10735-001; 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, Subhash Jain) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 20. |
Docket No. 2000-1140-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Orbit Systems, Inc. in
Brazoria County; TPDES Permit No. 12420-001; 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, Subhash Jain) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 21. |
Docket No. 2000-1324-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Malone in Hill
County; TPDES Permit No. 10514-001; 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, Subhash Jain) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 22. |
Docket No. 2000-0687-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of De Leon in
Comanche County; TPDES Permit No. 10078-001; 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, Subhash Jain) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 23. |
Docket No. 2000-1354-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of S.I. Enterprises, LLC in
Harris County; TPDES Permit No. 13316-001; for water quality violations pursuant
to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource
Conservation Commission. (Thomas E. Jecha, Subhash Jain) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 24. |
Docket No. 2000-1422-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Boling Municipal Water
District in Wharton County; TPDES Permit No. 10843-001; for water quality
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Merrilee Gerberding, Subhash Jain) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 25. |
Docket No. 2000-1452-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Weinert in
Haskell County; TPDES Permit No. 11018-001; 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, Subhash Jain) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 26. |
Docket No. 2001-0416-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Sherman Wire Company in Grayson County;
TPDES Permit No. 03582-000; for water quality violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Judy Fox, Subhash Jain) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 27. |
Docket No. 2001-0468-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against New Braunfels Utilities in Comal County; TPDES
Permit No. 10232-002; 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, Subhash Jain) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| |
ON-SITE SEWAGE INSTALLER ENFORCEMENT DEFAULT ORDER |
|
| Item 28. |
Docket No. 2000-0706-OSI-E. Consideration of a Default Order assessing
administrative penalties against and requiring certain actions of Wate Faseler in
Medina 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. (David
Speaker) |
|
| Reposted as Item #59 |
|
| |
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER |
|
| Item 29. |
Docket No. 2000-0339-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Carl Birdsong, Inc. dba
Birdsong Freeway America in Jefferson County; TNRCC ID No. 0049072; for
petroleum storage tank violations pursuant to ch. 382 of the Tex. Health and Safety
Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource
Conservation Commission. (David Speaker) |
|
| Issue default order , RH/RM. All Agree |
| |
|
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
|
| Item 30. |
Docket No. 2001-0183-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Pagan-Lewis Motors, Inc. in
Nueces County; PST Facility ID No. 16785; 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, Susan Johnson) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 31. |
Docket No. 2001-0674-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Safrin Inc. dba Sunrise
Super Stop in Harris County; PST Facility ID No. 0044856; for petroleum storage
tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Rebecca Johnson, Susan Johnson) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 32. |
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. (Robert Hernandez) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 33. |
Docket No. 2001-0227-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Angel Brothers Enterprises, Ltd. dba Angel's Gas
& Grocery #11 in Galveston County; PST Facility ID No. 0068267; 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.
(Faye Liu, Susan Johnson) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 34. |
Docket No. 2001-0274-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Diamond Shamrock
Refining and Marketing Company in Harris County; PST Facility ID No.
0005481; 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. (Kevin Keyser, Susan Johnson) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| |
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
|
| Item 35. |
Docket No. 2001-0190-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Alvin Kidd dba
Greenwood Terrace Mobile Home Subdivision in Midland County; Public Water
Supply ID No. 1650048; for drinking water quality violations pursuant to Tex. Water
Code ch. 13 and the rules of the Texas Natural Resource Conservation Commission.
(Dan Landenberger, Subhash Jain) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 36. |
Docket No. 2001-0597-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Mr. Richard Keenan dba K & B Waterworks in
Galveston County; Public Water Supply No. 0840187 and Certificate of
Convenience and Necessity No. 12084; for drinking water quality violations pursuant
to Tex. Water Code ch. 13 and the rules of the Texas Natural Resource Conservation
Commission. (David Van Soest, Subhash Jain) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 37. |
Docket No. 2001-0079-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of United States Postal
Service-Spring in Harris County; Public Water Supply ID No. 1012405; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (Chris
Friesenhahn, Subhash Jain) |
|
| Issue agreed order, RH/KW. All Agree |
|
| Item 38. |
Docket No. 2000-1346-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of MEN Water Supply
Corporation in Navarro County; Public Water Supply No. 1750015; 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) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 39. |
Docket No. 2001-0036-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Boyd Living Trust in
Denton County; Public Water Supply 0610051; 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) |
|
| Remanded to ED, RH/RM. All Agree |
| |
| Item 40. |
Docket No. 2000-1380-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Sand Flat Water Supply
Corporation in Smith County; Public Water Supply ID No. 2120020; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Natural Resource Conservation Commission. (Elnora Moses, Subhash
Jain) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 41. |
Docket No. 2001-0136-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Conny Whitehorn dba Frio
Water, Inc. in Deaf Smith County; Public Water Supply No. 0590010 and
Certificate of Convenience and Necessity No. 12327; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 13,
and the rules of the Texas Natural Resource Conservation Commission. (Subhash
Jain) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 42. |
Docket No. 2001-0582-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Edna Derrick dba Cougar
Water Supply in Jasper County; Certificate of Convenience and Necessity No.
12694 and Public Water System No. 1210019; for drinking water quality violations
pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 13, and the rules
of the Texas Natural Resource Conservation Commission. (Thomas Greimel,
Subhash Jain) |
|
| Issue agreed order, RH/KW. All Agree |
|
| Item 43. |
Docket No. 2001-0078-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Texas Water Services,
Incorporated in Hays County; Public Water Supply No. 1050028; for drinking water
quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code
ch. 13, and the rules of the Texas Natural Resource Conservation Commission.
(Lawrence King, Subhash Jain) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 44. |
Docket No. 2001-0567-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Hollis Rogers dba Rough
Canyon Marina in Val Verde County; Certificate of Convenience and Necessity
No. 12804 and Public Water Supply No. 2330020; for drinking water quality
violations pursuant to Tex. Water Code ch. 13 and the rules of the Texas Natural
Resource Conservation Commission. (Tim Haase, Subhash Jain) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 45. |
Docket No. 2001-0320-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Louisiana Pacific
Corporation in Newton County; Public Water Supply No. 1760021; 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) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| |
WATER RIGHTS ENFORCEMENT AGREED ORDER |
|
| Item 46. |
Docket No. 2001-0316-WR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Twin Lakes Golf Course,
Inc. and A. M. & D. Tree Farm, Inc. in Van Zandt County; TNRCC ID No. None;
for water rights violations pursuant to Tex. Water Code ch. 11 and the rules of the
Texas Natural Resource Conservation Commission. (Elnora Moses, Subhash Jain) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| |
DISTRICT MATTER |
|
| Item 47. |
Docket No. 2001-1220-DIS. Consideration of an application by Montgomery
County Municipal Utility District No. 15 for approval to levy a standby fee. The
District's application requests approval to levy a uniform operations and maintenance
standby fee of $492 per equivalent single family connection (ESFC) or $1,794 per
acre, and for debt service of $731 per ESFC or $2,666 per acre for calendar years
2002 thru 2003, on unimproved property within the District. The Commission will
also consider hearing requests and related responses and replies. (TNRCC Internal
Control No. 05312000-D01 John Deering/Robert Cummins) |
| |
| Submitted in Error, Remanded to ED |
|
| |
AUTHORIZATIONS TO CONSTRUCT |
|
| Item 48. |
Docket No. 2001-1231-MWD. Consideration of the application of Individual Care
of Texas, Inc. for an Authorization to Construct a wastewater treatment facility in
Hunt County, Texas. Granting this application would not constitute permit issuance
and would not authorize operation of the plant. (Julian Centeno, Jacquelyn Boutwell) |
|
| Remanded to ED |
| |
| Item 49. |
Docket No. 2001-1309-MWD. Consideration of the application of West Harris
County MUD No. 15 for an Authorization to Construct a wastewater treatment
facility in Harris County, Texas. Granting this application would not constitute
permit issuance and would not authorize operation of the plant. (Zdenek Matl,
Jacquelyn Boutwell) |
|
| Remanded to ED |
|
|
EMERGENCY ORDER |
|
| Item 50. |
Docket No. 2001-0538-WQ. Consideration of an Order to Extend an Emergency
Order. The Emergency Order was signed by the Executive Director on May 8, 2001,
and was affirmed by the Commission on June 12, 2001. The Emergency Order was
granted under 5.501 and 5.509, Texas Water Code, and 30 Texas Administrative Code
§§ 35.301 - 35.303. The Emergency Order authorizes the United States Department
of Navy, Permit No. 02335 (TX 0034321), to discharge variable volumes of treated
groundwater from the Naval Weapons Industrial Reserve Plant McGregor. The plant
is located in Coryell and McLennan Counties, Texas. (Kathy H. Brown, Chris
Linendoll) |
|
| Approve extension to Emergency Order with errata sheet as submitted, RM/RH. Commissioner White
abstains from voting. |
|
| |
RULE MATTERS |
|
| Item 51. |
Docket No. 2001-0877-RUL. Consideration for adoption of new 30 TAC Chapter
9, Training for Commissioners, consisting of the following new sections: |
|
|
Section 9.1 - Purpose |
|
Section 9.2 - Need for Training |
|
Section 9.3 - Scope of Training |
|
Section 9.4 - Certificate of Completion of Training |
|
Section 9.5 - Reimbursement |
|
|
If adopted, the new Chapter 9 will implement requirements of House Bill (HB) 2912,
77th Legislature, 2001. Article 1 of HB 2912 amended Chapter 5 of the Tex. Water
Code by adding Section 5.0535, Required Training Program for Commission
Members. This new section prohibits a person who is appointed to and qualifies for
office as a member of the commission from voting, deliberating, or being counted as a
member in attendance at a meeting of the commission until the person completes a
training program that complies with this new section. The proposed rules were
published in the September 7, 2001 issue of the Texas Register (26 TexReg 6839).
(Debra Barber/Hector Mendieta) (Rule Log No. 2001-067-009-AD) |
|
| Approve adoption, RH/RM. All Agree |
| |
| Item 52. |
Docket No. 2001-1282-RUL. Consideration for publication of, and hearings on, 30
TAC Chapter 117, Control of Air Pollution From Nitrogen Compounds, proposed
new Section 117.571, Use of Emissions Reductions Generated From the Texas
Emissions Reductions Plan (TERP), and corresponding revisions to the state
implementation plan (SIP). |
|
|
The proposed revision to Chapter 117 would allow substitution of reductions of
nitrogen oxide emissions under the TERP for those otherwise required in the
Dallas/Fort Worth and Houston/Galveston nonattainment areas. (Joe
Thomas/Beecher Cameron) (Rule Log No. 2001-025d-117-AI) |
|
| Approve publication and hearing with changes, RH/RM. All Agree |
|
| Item 53. |
Docket No. 2001-1234-RUL. Consideration for publication of the following
proposed amended and repealed sections of 30 TAC Chapter 281, Applications
Processing; and 30 TAC Chapter 289, Weather Modification: |
|
|
Amended: |
|
Section 281.2 |
|
|
Repealed: |
|
Section 281.7 |
|
|
Repealed: |
|
Sections 289.1, 289.11 - 289.22, 289.31, 389.32, 289.41 - 289.44, 289.51 - 289.53,
289.61, and 289.62. |
|
|
Senate Bill 1175, 77th Legislature, 2001, transferred the weather modification
licensing and permitting program from the Texas Natural Resource Conservation
Commission to the Texas Department of Licensing and Regulation. The Texas
Department of Licensing and Regulation is required to adopt rules no later than
December 31, 2001. This rulemaking is to amend and repeal existing rules as soon as
possible after new rules are adopted by the Texas Department of Licensing and
Regulation. (Debra Barber/Bill Billingsley) (Rule Log No. 2001-062-289-WT) |
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| Reposted as Item #58 |
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| Item 54. |
Docket No. 2001-1281-RUL. Consideration for publication of, and hearings on, the
following proposed new and amended sections of 30 TAC Chapter 101, General Air
Quality Rules, and corresponding revisions to the state implementation plan (SIP). |
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Amended Sections: |
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101.302 - General Provisions; |
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101.372 - General Provisions; |
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New Sections: |
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101.338 - Emission Reductions Achieved Outside the United States; |
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101.357 - Use of Emissions Reductions Generated From the Texas Emissions
Reduction Plan (TERP) |
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The proposed addition of Section 101.357 would apply in the Houston/Galveston
nonattainment (NA) area to allow substitution of nitrogen oxides (NOx) emissions
reductions accomplished under the TERP for those otherwise required under the rules
of the commission and the SIP; the other proposed revisions to Sections 101.302,
101.338, and 101.372 would allow substitution of emission reductions of criteria
pollutants accomplished outside the United States for reductions in such pollutants
within Texas if the executive director and the United States Environmental Protection
Agency determine that the substitution is of greater benefit to the area. (Joe
Thomas/Beecher Cameron) (Rule Log No. 2001-063-101-AI) |
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| Approve publication and hearing with changes, RH/RM. All Agree |
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EXECUTIVE SESSION |
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| Item 55. |
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 56. |
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 57. |
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. |