| |
HEARING REQUEST |
|
| Item 1. |
Docket No. 2001-1148-AIR. Consideration of the application by Lauren Concrete,
Inc. for issuance of Air Quality Permit, Standard Permit Registration, No. 45893, to
authorize the construction of a concrete batch plant. The facility is proposed to be
located at the intersection of FM 150 and County Road 134, Kyle, Hays County. The
Commission will also consider requests for hearing or reconsideration, related
responses and replies, public comment, and the Executive Director's Response to
Comments. (Richard Wheeler/Arnoldo J. Medina) |
|
| Deny hearing request based on not meeting the 440 yards requirement and grant permit and adopt
Executive Director's Response to Comments, RM/RH. All Agree |
|
| Item 2. |
Docket No. 2001-1214-MWD. Consideration of permit application no. 10584-001,
submitted by Memorial Villages Water Authority for a permit renewal (proposed
TPDES Permit No. 10584-001), which authorizes the discharge of treated domestic
wastewater at an annual average flow not to exceed 3,050,000 gallons per day. The
wastewater treatment facility serves the Memorial Villages Water Authority. The
facility is located approximately 1500 feet south by southwest of the San Felipe Drive
Bridge where it crosses Buffalo Bayou and approximately 1500 feet south by
southeast of the intersection of San Felipe Drive and Farnham Park and east of the
terminus of Farnham Park in Harris County, Texas. The Commission will also
consider hearing requests, related responses and replies, public comment and the
Executive Director's Response to Comments. (Michael W. Hughes/Jon Foulds) |
|
| Grant hearing requests of Jean Durdin Dennis McCarthy, Preetish and Shirin Nijhawan, Dr. Paul
Radelat, Teri Thompson, Douglas Thompson, Young Kim and Farham Park Committee and deny all
other requests, remand to Alternative Dispute Resolution for 4 to 6 weeks, and if mediation fails
forward to the State Office Administrative Hearings on the issues of whether odor from the facility or
effluent will create a nuisance, whether the applicant is capable of, and willing, to comply with its
permit, in light of the compliance history of the facility, and duration of hearing be 4 months from
preliminary hearing to PFD issuance. RH/RM. All Agree |
|
|
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS |
|
| Item 3. |
Docket No. 2000-1021-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Apollo Technology
Corporation in Kendall County; TNRCC ID No. F0569; for industrial and
hazardous waste violations pursuant to Tex. Solid Waste Disposal Act, ch. 361 of Tex.
Health & Safety Code, chs. 7 and 26 of Tex. Water Code, and the rules of the Texas
Natural Resource Conservation Commission. (David Speaker) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 4. |
Docket No. 2001-0321-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of R.R. Ramsower, Inc. in
Brazoria County; Industrial Solid Waste Registration No. None; for industrial &
hazardous waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex.
Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation
Commission. (Kevin Keyser, Bill Davis) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 5. |
Docket No. 2001-0435-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Dixie Chemical Company,
Inc. in Harris County; Solid Waste Registration No. 30314; for industrial &
hazardous waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex.
Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation
Commission. (Catherine Sherman, Bill Davis) |
|
| Remanded to Executive Director |
|
| Item 6. |
Docket No. 2001-0579-IHW-E. Consideration of an Agreed Order assessing
administrative penalties against Tom's Food, Inc. in Navarro County; Solid Waste
Registration No. 31141; 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. (Carl Schnitz, Bill Davis) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| |
IRRIGATORS ENFORCEMENT AGREED ORDER |
|
| Item 7. |
Docket No. 2001-0260-IRR-E. Consideration of an Agreed Order assessing
administrative penalties against Andrew M. Garner dba Tech Master in Harris
County; Unlicensed Irrigator; for landscape violations pursuant to Tex. Water Code
chs. 7 and 34 and the rules of the Texas Natural Resource Conservation Commission.
(Laurie Eaves, Subhash Jain) |
|
| Issue agreed order, RM/RH. All Agree |
| |
|
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER |
|
| Item 8. |
Docket No. 2000-1076-IWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ameri-Forge Corporation
in Harris County; TPDES Permit No. 03767; 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, Subhash Jain) |
|
| Issue agreed order, RH/RM. All Agree |
| |
|
MULTI-MEDIA ENFORCEMENT AGREED ORDER |
|
| Item 9. |
Docket No. 2000-0252-MLM-E. Consideration of an Agreed Order assessing
administrative penalties against Markline Properties, Inc. in Comal County;
TNRCC ID No. 90.00 and 144.00; for water quality violations pursuant to chs. 7 and
26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation
Commission. (David Speaker) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| |
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS |
|
| Item 10. |
Docket No. 2001-0640-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Abilene Roadway
Construction Company, Inc. in Taylor County; Air Account No. TB-0305-G and
MSW Unauthorized Site No. 455030069; 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.
(Carolyn Easley, Bill Davis) |
|
| Issue agreed order, RM/KHW. All Agree |
| |
| Item 11. |
Docket No. 2001-0620-MSW-E. Consideration of an Agreed Order assessing
administrative penalties against Robert Staton dba Allied Recycling Services in
Guadalupe County; Used Oil Handler Registration No. A85545; 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. (Tel
Croston, Bill Davis) |
|
| Issue agreed order, RM/KHW. All Agree |
| |
| Item 12. |
Docket No. 2000-0724-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of IESI TX Landfill, L.P. in
Wichita County; MSW Permit No. 1571A and Air Account No. WH-0181-V; 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. (George Ortiz, Bill Davis) |
|
| Issue agreed order, RM/KHW. All Agree |
| |
|
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
|
| Item 13. |
Docket No. 2001-0029-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of D & K Development
Corporation in Tarrant County; TPDES Permit No. 13518-001; 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 14. |
Docket No. 2001-0043-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Honey Grove in
Fannin County; Water Quality Permit No. 10710-001; 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 15. |
Docket No. 2001-0128-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the Town of Ponder in
Denton County; Water Quality Permit No. 11287-001; for water quality violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Wendy Cooper, Subhash Jain) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 16. |
Docket No. 2001-0273-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of San Antonio Water System
in Bexar County; TPDES Permit No. 10137-033; 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, Subhash Jain) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 17. |
Docket No. 2001-0372-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Uvalde Housing Development Corporation dba
Granada Apartments, Ltd. in Uvalde County; TNRCC 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. (Malcolm A. Ferris, Subhash
Jain) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 18. |
Docket No. 2001-0129-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Waelder in
Gonzales County; TPDES Permit No. 0010327-001 (Expired); for water quality
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Gary L. McDonald, Subhash Jain) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 19. |
Docket No. 2001-0250-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Willie Nelson dba
Pedernales Country Club in Travis County; Expired Water Quality Permit No.
WQ0010992-002; 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, Subhash Jain) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| |
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
|
| Item 20. |
Docket No. 2001-0212-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Mohammad H.
Abdullah and Mr. Santos Duarte dba Car Care Garage in Harris County; PST
Facility ID No. 0028060; for petroleum storage tank violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Trina Lewison, Bill Davis) |
|
| Remanded to Executive Director |
| |
| Item 21. |
Docket No. 2001-0765-PST-E. Consideration of an Agreed Order assessing
administrative penalties against PNI Distribution Inc. in Dallas County; PST ID No.
None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and
26 and the rules of the Texas Natural Resource Conservation Commission. (A.
Sunday Udoetok, Bill Davis) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 22. |
Docket No. 2001-0641-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Evans Systems, Inc. in Galveston County; PST
Facility ID No. 33625; 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. (Bill Davis) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 23. |
Docket No. 2001-0712-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Snyder in Scurry
County; PST Facility ID No. 10734; for petroleum storage tank 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. (Carolyn Easley, Bill Davis) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 24. |
Docket No. 2001-0531-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Brandenburg Products, Inc. dba Garage Radillo in
Dallas County; PST Facility ID No. 0031566; 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. (Gloria Stanford,
Bill Davis) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 25. |
Docket No. 2001-0398-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Alapsara Inc. dba Almeda Food Mart in Harris
County; PST Facility ID No. 0029239; 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, Bill Davis) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 26. |
Docket No. 2001-0394-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Rainbow Oils of San Angelo, Inc. in Tom Green
County; PST Facility ID No. 27447; for petroleum storage tank violations pursuant to
Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource
Conservation Commission. (Mark Newman, Bill Davis) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 27. |
Docket No. 2001-0402-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Humphrey Company, LTD. in Harris County; PST
Facility ID No. 0054996; 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, Bill Davis) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 28. |
Docket No. 2000-1032-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ms. Upinder K. Singh dba
One Stop & Go in Tarrant County; PST Facility ID No. 0044668; 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. (Judy Fox, Bill Davis) |
|
| Remanded to Executive Director, RH/RM. All Agree |
| |
| |
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
|
| Item 29. |
Docket No. 2001-0186-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Azle in Tarrant
County; Public Water Supply No. 2200002; 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, Subhash Jain) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 30. |
Docket No. 2001-0643-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Thompson Heights
Development Co. in Grayson County; Public Water Supply ID No. 0910085 and
CCN No. 10934; for drinking water quality violations pursuant to Tex. Water Code
ch. 13 and the rules of the Texas Natural Resource Conservation Commission.
(Steven Lopez, Subhash Jain) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 31. |
Docket No. 2001-0258-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Wiedenfeld Water Works,
Incorporated in Kerr County; Public Water Supply ID No. 1330027; CCN No.
12052; for drinking water quality violations pursuant to Tex. Health & Safety Code
ch. 341 and the rules of the Texas Natural Resource Conservation Commission.
(Malcolm A. Ferris, Subhash Jain) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 32. |
Docket No. 1998-0865-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Teen Challenge of South
Texas, Inc. in Bexar County; TNRCC ID No. 0150457; 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.
(David Speaker) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 33. |
Docket No. 2001-0449-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Robert A. Hobbs, Jr. dba
Twin Points Resort in Tarrant County; Public Water Supply No. 2200132; 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,
Subhash Jain) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 34. |
Docket No. 2001-0216-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Taylor in
Williamson County; Public Water Supply No. 2460004 and CCN No. 10319; 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. (Laura Clark, Subhash Jain) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| |
DISTRICT MATTERS |
|
| Item 35. |
Docket No. 2001-1076-DIS. Consideration of a Proposed Order approving the
application by Fort Bend County Municipal Utility District No. 116 for approval
of a Fire Protection Plan. For Commission consideration. Applicant request approval
of the fire protection plan and approval of contracts providing fire protection services.
(TNRCC Internal Control No. 07192001-D05: Rob Cummins) |
|
| Approve fire plan, KHW/RM. All Agree |
| |
| Item 36. |
Docket No. 2001-1296-DIS. Consideration of a Proposed Order Approving the
petition of RH of Texas Limited Partnership, a Maryland Limited Partnership, a
landowner, for dissolution of Harris County Municipal Utility District No. 52
(District). For Commission consideration. The Petitioner requests the Commission
dissolve the District pursuant to Tex. Water Code, Sections 49.321 to 49.327.
(TNRCC Internal Control No. 10102001-D03, Rob Cummins) |
|
| Approve Dissolution, RM/RH. All Agree |
|
|
MISCELLANEOUS MATTER |
|
| Item 37. |
Docket No. 2001-1369-MIS. Consideration to appoint two individuals to the
Municipal Solid Waste Management and Resource Recovery Advisory Council. |
|
| Approve Staff Recommendations, RM/RH. All Agree |
|
| |
RULES |
|
| Item 38. |
Docket No. 2001-0887-RUL. Consideration for adoption of the following new
section of 30 TAC Chapter 70, Enforcement: |
|
|
Section 70.4 |
Enforcement Action Using Information Provided by Private
Individual |
|
|
The adopted new section will implement provisions of House Bill 2912, 77th
Legislature, Sections 1.24 and 18.10, concerning the initiation of enforcement using
information provided by a private individual. The proposal was published in the
September 7, 2001 issue of the Texas Register (26 TexReg 6841). (Richard
O'Connell/Robert Hernandez/Ray Austin) (Rule Log No. 2001-029-070-AD) |
|
| Approve adoption with changes as recommended, RH/KHW. All Agree |
|
| Item 39. |
Docket No. 2001-0327-RUL. Consideration for adoption of the following amended
and new sections of 30 TAC Chapter 39, Public Notice; and repealed and new
sections of Chapter 305, Consolidated Permits: |
|
|
Amended |
|
Section 39.105 |
Application for a Class 1 Modification of an Industrial Solid
Waste or Hazardous Waste Permit |
|
|
Amended |
|
Section 39.403 |
Applicability |
|
|
New |
|
Section 39.106 |
Application for Modification of a Municipal Solid Waste Permit
or Registration |
|
|
Repealed |
|
Section 305.70 |
Municipal Solid Waste Class I Modifications |
|
|
New |
|
Section 305.70 |
Municipal Solid Waste Permit and Registration Modifications |
|
|
If adopted, the revisions to Chapter 305 will provide for an increase in the different
types of changes to a permit or registration that can be approved by the executive
director through the modification process. Some of these changes will require that the
applicant provide mailed notice of the modification application to adjacent
landowners and certain agencies in accordance with the public notice requirements
under the revisions to Chapter 39, which outline the required content of the notice.
The proposed rules were published in the June 8, 2001 issue of the Texas Register (26
TexReg 4019, 26 TexReg 4042). (Hector Mendieta/Jeff Davis/Steve Shepherd)
(Rule Log No. 1997-186-305-WS) |
|
| Continued to December 5, 2001 |
|
| Item 40. |
Docket No. 2001-0883-RUL. Consideration for adoption of the following new and
amended sections of 30 TAC Chapter 90, Regulatory Flexibility: |
|
|
Amended: |
|
Section 90.1 |
Purpose |
|
Section 90.2 |
Applicability and Eligibility |
|
|
New: |
|
Section 90.30 |
Definitions |
|
Section 90.32 |
Minimum Standards for Environmental Management Systems |
|
Section 90.34 |
Regulatory Incentives |
|
Section 90.36 |
Evaluation of an Environmental Management System by the
Executive Director |
|
Section 90.38 |
Requests for Modification of State or Federal Regulatory
Requirements |
|
Section 90.40 |
Executive Director Action on Request for Regulatory Incentives
through the Use of an Environmental
Management System |
|
Section 90.42 |
Termination of Regulatory Incentives under an Environmental
Management System |
|
Section 90.44 |
Motion to Overturn |
|
|
These adopted revisions to Chapter 90 are in response to House Bill (HB) 2997 and
HB 2912, Section 1.12, 77th Legislature, 2001, relating to the implementation of
regulatory incentives to encourage the use of environmental management systems by
regulated entities. These rules will add new Subchapter C, Regulatory Incentives for
Using Environmental Management Systems, and will change the name of the chapter
from Regulatory Flexibility to Regulatory Flexibility and Environmental Management
Systems. The proposed rules were published in the September 7, 2001 issue of the
Texas Register (26 TexReg 6845). (Kathy Ramirez) (Rule Log No.
2001-040-090-AD) |
|
| Approve adoption as recommended, KHW/RM. All Agree |
|
| Item 41. |
Docket No. 2001-0967-RUL. Consideration for adoption of new 30 TAC Chapter 30,
Occupational Licenses and Registrations, and amended, new, and/or repealed sections
in the following chapters: |
|
|
|
Repealed: |
|
Chapter 290 |
Public Drinking Water, Subchapter A |
|
Chapter 325 |
Certificates of Competency |
|
Chapter 330 |
Municipal Solid Waste, Subchapter M |
|
Chapter 334 |
Underground and Aboveground Storage Tanks, Subchapter J |
|
|
Amended, new, and/or repealed sections: |
|
Chapter 285 |
On-Site Sewage Facilities |
|
Chapter 330 |
Municipal Solid Waste |
|
Chapter 334 |
Underground and Aboveground Storage Tanks |
|
Chapter 344 |
Landscape Irrigators |
|
|
In addition, consideration for adoption of the rules review and repeal of Chapter 290,
Subchapter A. This rules review complies 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 proposed rules were published in the
September 28, 2001 issue of the Texas Register (26 TexReg 7582). |
|
|
The adopted rules will consolidate all administrative functions affecting ten licensing
and registration programs administered by the commission into the new Chapter 30.
These revisions implement House Bill (HB) 3111, HB 2912, Articles 7, 8, and 18.04,
of the 77th Legislature, 2001, and Sunset Commission general recommendations
regarding occupational licensing. The adopted rules will also establish uniform
procedures for issuing and renewing licenses, setting terms and fees, enforcement
activities, and training approval. The proposed rules were published in the September
28, 2001 issue of the Texas Register (26 TexReg 7427, 7468, 7479, 7492, 7496, 7500,
and 7507). (Melissa Estes) (Rule Log No. 2001-044-325-WT) |
|
| Approve adoption as recommended, RH/KHW. All Agree |
|
| Item 42. |
Docket No. 2001-0739-RUL. Consideration for adoption of the following amended
sections of 30 TAC Chapter 281, Application Processing; Chapter 305, Consolidated
Permits; and new and amended sections of Chapter 331, Underground Injection
Control. |
|
|
Amended Sections: |
|
Section 281. 21 |
Draft Permit, Technical Summary, Fact Sheet, and Compliance
Summary |
|
Section 305.42 |
Application Required |
|
Section 305.53 |
Application Fee |
|
Section 331.121 |
Class I Wells |
|
|
New Section: |
|
Section 331.120 |
Compliance History |
|
|
These new and amended sections will address the requirements of Senate Bill 324,
77th Texas Legislature, 2001, by amending Chapter 281 to establish a procedure for
the preparation of comprehensive summaries of an underground injection control
permit applicant's compliance history, including the compliance history of any
corporation or business entity managed, owned, or closely related to the applicant;
Chapter 305 to revise the terms of the fee amount collected for disposal well permit
applications and to require that all applications for hazardous and nonhazardous
disposal well permits be processed for the benefit of the state and the preservation of
its natural resources; and Chapter 331 to expand the applicability of certain
requirements relating to the commission's consideration of compliance history in the
determination of whether the use or installation of an injection well is in the public's
interest. The proposed rules were published in the August 24, 2001 issue of the Texas
Register (26 TexReg 6259, 6262, and 6266). (Michael Bame/Patti Hershey/Devane
Clarke) (Rule Log No. 2001-049-305-WT) |
|
| Approve adoption as recommended, RM/RH. All Agree |
|
|
EXECUTIVE SESSION |
|
| Item 43. |
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 44. |
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 45. |
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 |
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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. |