| Item 1. | Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code. |
| No Action Taken | |
| Item 2. | Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, AS PERMITTED BY Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. The Commission may also meet in open session to take action on a legal or personnel matters considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code. |
| No Action Taken | |
| Item 3. | Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code. |
| No Action Taken | |
| Item carried forward from agenda of January 13, 2002. | |
| Item 1. | Docket No. 2000-1303-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ronnie Bailey dba Bailey's Brokerage in McCulloch County; TNRCC ID Nos. F0637 and MA0054K; for air quality and industrial and hazardous waste violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, Tex. Solid Waste Disposal Act, ch. 361of the Tex. Health & Safety Code, chs. 7 and 26 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Petty) |
| Issue agreed order, RH/RM. All Agree | |
| AIR QUALITY STANDARD PERMIT | |||
| Item 1. | Docket No. 2001-1386-AIR. Consideration for issuance of a new air quality standard permit for rock crushing units under 30 TAC Chapter 116, Subchapter F, Standard Permits. The new air quality standard permit will be effective February 13, 2002, and authorizes certain rock crushing units installed after February 13, 2002. Notice of the proposed standard permit was published in the November 30, 2001 issue of the Texas Register. (Richard Hyde, Blake Stewart) | ||
| Approve Standard Permit as recommended by staff, RH/RM. All Agree | |||
| HEARING REQUEST | |||
| Item 2. | Docket No. 2001-1586-MSW. Consideration of Permit Application No. 2284 by the City of El Paso for a permit for a new Type I municipal solid waste landfill facility. The permit will authorize the City of El Paso to construct a landfill that will accept municipal solid waste from municipal, community, commercial, industrial and recreational activities; municipal solid waste resulting from construction or demolition projects; and approved special wastes. The facility is to be located on a 311 acre site located approximately 0.25 miles east of the intersection of Interstate Highway 10 and Farm-to-Market Road 1110, in El Paso 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. (Hans Mueller, Todd Galiga) | ||
| Continued for 60 days, and allow more time for mediation, notified all parties that mediation staff at TNRCC is available if requested, RH/RM. All Agree | |||
| AIR QUALITY ENFORCEMENT DEFAULT ORDERS | |||
| Item 3. | Docket No. 2000-0754-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Tony Torres dba Tony and Son in Dallas County; TNRCC ID No. DB-5148-C; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Lemanczyk) | ||
| Issue Default Order, RM/RH. All Agree | |||
| Item 4. | Docket No. 2001-0161-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Ubaldo Gomez dba JLG Trucking in El Paso County; TNRCC Air Account No. EE-0466-Q; for air quality violations pursuant to the Tex. Clean Air Act, ch. 7 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Lemanczyk) | ||
| Issue Default Order, RM/RH. All Agree | |||
| AIR ENFORCEMENT AGREED ORDERS | |||
| Item 5. | Docket No. 2001-0354-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Action Oil Services, Inc. in Jefferson County; Air Account No. JE-0906-G and Used Oil Handler Registration No. A-85285; for air quality and municipal solid waste violations pursuant to Tex. Health & Safety Code chs. 361, 371, and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly, Mac Vilas) | ||
| Issue Agreed Order, RM/KW. All Agree | |||
| Item 6. | Docket No. 2001-0123-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Chevron U.S.A. Products Company in El Paso County; Air Account No. EE-0510-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. (Bethany Carl, Mac Vilas) | ||
| Issue Agreed Order, RM/KW. All Agree | |||
| Item 7. | Docket No. 2001-1269-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Exxon Mobil Corporation dba ExxonMobil Refining & Supply Company in Harris County; Air Account No. HG-0232-Q; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Trinia Lewison Grieco, Mac Vilas) | ||
| Remanded to Executive Director | |||
| Item 8. | Docket No. 2001-1358-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Samuel Alba dba Alba's Custom Iron Works in Harris County; TNRCC Air Account No. HX-1453-V; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Lemanczyk) | ||
| Issue Agreed Order, RM/KW. All Agree | |||
| EDWARDS AQUIFER ENFORCEMENT AGREED ORDER | |||
| Item 9. | Docket No. 2001-0576-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against National Instruments Corporation in Travis County; Edwards Aquifer Protection Plan No. 00111703; for Edwards Aquifer violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King, Terry Murphy) | ||
| Issue Agreed Order, RH/RM. All Agree | |||
| MULTI-MEDIA ENFORCEMENT DEFAULT ORDER | |||
| Item 10. | Docket No. 2000-0228-MLM-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Oliver Tyson dba Woodland Waste and Ronald C. Wahle in Dallas County; TNRCC ID No. None; for water quality and solid waste violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 361 of the Tex. Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts) | ||
| Issue Default Order, RH/RM. All Agree | |||
| MULTI-MEDIA ENFORCEMENT AGREED ORDER | |||
| Item 11. | Docket No. 1999-1584-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of W. Silver, Inc. in El Paso County; Public Water Supply No. 0710096, Industrial and Hazardous Waste No. 20498, Petroleum Storage Tank Registration No. 0072793, and Air Account No. EE-0091-O; for air quality, industrial & hazardous waste, drinking water quality, and petroleum storage tank violations pursuant to Tex. Health & Safety Code chs. 341, 361, and 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Mac Vilas) | ||
| Issue Agreed Order, KW/RH. All Agree | |||
| MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER | |||
| Item 12. | Docket No. 2001-0628-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Ronald C. Wahle in Dallas County; TNRCC ID No. None; for municipal solid waste violations pursuant to the Tex. Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts) | ||
| Issue Default Order, RH/KW. All Agree | |||
| MUNICIPAL WASTE DISCHARGE ENFORCEMENT DEFAULT ORDER | |||
| Item 13. | Docket No. 2000-1182-MWD-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of NJB & Sons, Inc. in McLennan County; TPDES Permit No. 10888-001; for water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts) | ||
| Continued to February 27, 2002 | |||
| MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS | |||
| Item 14. | Docket No. 2001-0772-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bobby Clifton Barnard dba Cliff's Feedlot and the A.G. and Polly Cummings Trust in Coryell 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. (Michelle Harris, Terry Murphy) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 15. | Docket No. 2000-1186-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Van Alstyne in Grayson County; WQ Permit No. 10502-001 and TPDES Permit No. 10502-001; 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 Murphy) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 16. | Docket No. 2001-0312-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Presidio in Presidio County; Water Quality Permit No. 12955-001 (Expired); for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Jaime Garza, Terry Murphy) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 17. | Docket No. 2000-1017-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Pottsboro in Grayson County; Water Quality Permit No. 10591-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell, Terry Murphy) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 18. | Docket No. 2001-0289-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Mission in Hidalgo County; TPDES Permit No. 10484-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michelle Harris, Terry Murphy) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 19. | Docket No. 2001-0775-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Devereux Foundation in Victoria County; TNRCC Permit No. 0011411-001 (Expired); for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Audra Baumgartner, Terry Murphy) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 20. | Docket No. 2001-1015-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of E. I. DuPont de Nemours and Co., Inc. in Jefferson County; TPDES Permit No. 0000473; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly, Terry Murphy) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 21. | Docket No. 2000-1360-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harris County Municipal Utility District No. 58 in Harris County; TPDES Permit No. 11941-001, Water Quality Permit No. 11941-001, and NPDES Permit No. TX0074322; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Terry Murphy) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 22. | Docket No. 2001-0003-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Merkel in Taylor County; TPDES Permit No. 10786-002 (EPA ID No. TX0111341); for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Terry Murphy) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| Item 23. | Docket No. 2001-0296-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Itasca in Hill County; TPDES Permit No. 10423-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Kimberly McGuire, Terry Murphy) | ||
| Issue Agreed Order, RM/RH. All Agree | |||
| ON SITE SEWAGE FACILITY INSTALLERS ENFORCEMENT DEFAULT ORDER | |||
| Item 24. | Docket No. 2000-1323-OSI-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mr. Henry Speights in Stephens 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. (Gitanjali Yadav) | ||
| Issue Default Order, RM/RH. All Agree | |||
| ON SITE SEWAGE FACILITY ENFORCEMENT AGREED ORDER | |||
| Item 25. | Docket No. 2001-0226-OSS-E. Consideration of an Agreed Order assessing administrative penalties against C&L Investment Co. Inc. in Robertson, Brazos, Freestone, Navarro, Liberty, and Madison Counties; TNRCC Account No. None; for on-site sewage facility violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Joseph Daley, Terry Murphy) | ||
| Issue Agreed Order, RM/KW. All Agree | |||
| PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS | |||
| Item 26. | Docket No. 2000-0585-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Zulfiqar Enterprises, Inc. dba Mac Pac and Shabbir Ali, Individually in Dallas County; TNRCC PST ID No. 0010713; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of the Tex. Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts) | ||
| Issue Default Order, RM/KW. All Agree | |||
| Item 27. | Docket No. 2000-0725-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Ann Harp dba Kountry Korners in Stephens County; TNRCC PST ID No. 66706; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts) | ||
| Issue Default Order, RM/KW. All Agree | |||
| Item 28. | Docket No. 2001-0201-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Bayou Incorporated dba Bayou Food Store in Galveston County; TNRCC PST ID No. 0027224; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of the Tex. Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts) | ||
| Issue Default Order, RM/KW. All Agree | |||
| Item 29. | Docket No. 2000-0988-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Rodolfo Avila, Sr. dba La Moderna Grocery in El Paso County; Facility ID No. 0031695; 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. (Elisa Roberts) | ||
| Issue Default Order, RM/KW. All Agree | |||
| PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS | |||
| Item 30. | Docket No. 2001-0459-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Daniel & Elvira Maldonado, Nat & Ruby Rodriquez, and James & Barbara Penn dba Smyler's West in Mitchell County; PST Facility ID No. 62753; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (George Ortiz, Sushil Modak) | ||
| Issue Agreed Order, RH/RM. All Agree | |||
| Item 31. | Docket No. 2001-0976-PST-E. Consideration of an Agreed Order assessing administrative penalties against Rip Griffin Truck Service Center, Inc. in Lubbock County; TNRCC 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. (Gary Shipp, Sushil Modak) | ||
| Issue Agreed Order, RH/RM. All Agree | |||
| Item 32. | 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; Petroleum Storage Tank 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, Sushil Modak) | ||
| Issue Agreed Order, RH/RM. All Agree | |||
| PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS | |||
| Item 33. | Docket No. 2001-0637-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Austin Highway Water Supply Corporation in Bexar County; Public Water Supply No. 0150041 and CCN No. 11251; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith, Terry Murphy) | ||
| Issue Agreed Order, RH/KW. All Agree | |||
| Item 34. | Docket No. 2000-1456-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Cisco in Eastland County; Public Water Supply ID No. 0670001; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (George Ortiz, Terry Murphy) | ||
| Remand to Executive Director, RH/RM. All Agree | |||
| Item 35. | Docket No. 2001-0808-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mauriceville Special Utility District in Orange County; Public Water Supply ID No. 1810144; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Terry Murphy) | ||
| Issue Agreed Order, RH/KW. All Agree | |||
| Item 36. | Docket No. 2001-0686-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of BC Utilities, Incorporated in Harris County; Public Water Supply No. 1010180; for drinking water and water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 26, and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave, Terry Murphy) | ||
| Issue Agreed Order, RH/KW. All Agree | |||
| WATER OPERATOR CERTIFICATION ENFORCEMENT AGREED ORDER | |||
| Item 37. | Docket No. 2000-0534-WTR-E. Consideration of an Agreed Order requiring certain actions of Erasmo Yarrito, Sr. in Starr County; TNRCC ID No. 465-62-0058; for waterworks operator violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts) | ||
| Issue Agreed Order, RH/KW. All Agree | |||
| EMERGENCY ORDERS (WHETHER TO MODIFY, AFFIRM, OR SET ASIDE) | |||
| Item 38. | Docket No. 2000-1314-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on January 24, 2002 by the Executive Director of the Texas Natural Resource Conservation Commission pursuant to Tex. Water Code ch. 5.501 (c)(1) to address the abandonment of a retail public utility by Arete Real Estate and Development Company, Inc., JoJac/SeJac Ltd., and Emmes Bay Oaks Harbor LLC dba Bay Oaks Harbor Subdivision, in Harris County; to ensure continued operation of the utility; and to provide continuous and adequate service to customers. The Emergency Order appointed John Fultz as temporary manager of the utility. The certificate of convenience and necessity for the Utility is held by Arete Real Estate and Development Company, Inc., JoJac/SeJac Ltd., and Emmes Bay Oaks Harbor LLC dba Bay Oaks Harbor Subdivision, pursuant to ch. 13 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Shannon Strong) | ||
| Affirm the Emergency Order, RM/KW. All Agree | |||
| DISTRICT MATTER | |||
| Item 39. | Docket No. 2001-1501-RES. Consideration of a resolution acting upon new and remanded requests from the following political subdivisions, as defined by the Tex. Water Code, Section 15.001 for certification as providing regional water and/or wastewater service for the purpose of eligibility to receive a tax exemption under Subchapter H, ch. 151, Tex. Tax Code: | ||
| Ables Springs Water Supply Corporation in Hunt, Kaufman and Van Zandt Cos., CCN #10819 | |||
| Afton Grove Water Supply Corporation in Cherokee County, CCN #12372 | |||
| B & B Water Supply Corporation in Navarro County, CCN #11317 | |||
| Barton Water Supply Corporation in Erath and Palo Pinto Cos., CCN #10439 | |||
| Bartonville Water Supply Corporation in Denton County, CCN #10197 | |||
| Baylor Water Supply Corporation in Archer, Baylor, Throckmorton and Young Cos., CCN #11605 | |||
| Becker-Jiba Water Supply Corporation in Kaufman County, CCN #10820 | |||
| Bell-Milam-Falls Water Supply Corporation in Bell, Falls, Milam and Williamson Cos., CCN #10051 | |||
| Bethesda Water Supply Corporation in Johnson and Tarrant Cos., CCN #10089 | |||
| Blackland Water Supply Corporation in Rockwall County, CCN #11305 Remand to ED | |||
| Blair Water Supply Corporation in Nolan and Taylor Cos., CCN #11532 | |||
| Comanche County Water Supply Corporation in Comanche and Eastland Cos., CCN #12707 | |||
| Dean Dale Water Supply Corporation in Clay County, CCN #11049 Remand to ED | |||
| Diana Water Supply Corporation in Harrison and Upshur Cos., CCN #10425 Remand to ED | |||
| East Bell Water Supply Corporation in Bell County, CCN #10043 | |||
| East Rio Hondo Water Supply Corporation in Cameron and Willacy Cos., CCN #11552 | |||
| El Jardin Water Supply Corporation in Cameron County, CCN #12328 | |||
| El Oso Water Supply Corporation in Bee, Karnes, Live Oak and Wilson Cos., CCN
#10570 Remand to ED | |||
| Fort Belknap Water Supply Corporation in Stephens, Throckmorton and Young Cos.,
CCN #11042 Remand to ED | |||
| Goforth Water Supply Corporation in Caldwell, Hays and Travis Cos., CCN #11356 | |||
| Hawley Water Supply Corporation in Jones and Taylor Cos., CCN #10952 Remand to ED | |||
| Kempner Water Supply Corporation in Coryell and Lampasas Cos., CCN #10456 Remand to ED | |||
| Manville Water Supply Corporation in Lee, Travis, and Willamson Cos., CCN #11144 Remand to ED | |||
| Maxwell Water Supply Corporation in Caldwell and Hays Cos., CCN #10293 | |||
| MEN Water Supply Corporation in Navarro County, CCN #10748 | |||
| MIMS Water Supply Corporation in Cass and Marion Cos., CCN #11650 | |||
| North Cherokee Water Supply Corporation in Cherokee County, CCN #10771 Remand to ED | |||
| North Hunt Water Supply Corporation in Delta, Fannin and Hunt Cos., CCN #11206 | |||
| North Rural Water Supply Corporation in Palo Pinto County, CCN #10281 Remand to ED | |||
| Parker County Water Supply Corporation in Palo Pinto and Parker Cos., CCN #12313 Remand to ED | |||
| Pleasant Grove Water Supply Corporation in Freestone and Navarro Cos., CCN #10756 | |||
| Polonia Water Supply Corporation in Caldwell County, CCN #10420 Remand to ED | |||
| Porter Water Supply Corporation in Harris and Montgomery Cos., CCN #11473 Remand to ED | |||
| Potosi Water Supply Corporation in Taylor County, CCN #10738 Remand to ED | |||
| Ramey Water Supply Corporation in Wood County, CCN #10486 | |||
| Riverside Water Supply Corporation in Walker County, CCN #11033 Remand to ED | |||
| Santo Water Supply Corporation in Hood, Palo Pinto and Parker Cos., CCN #11388 | |||
| Shackelford Water Supply Corporation in Shackelford, Stephens and Throckmorton
Cos., CCN #11637 Remand to ED | |||
| South Grayson Water Supply Corporation in Collin and Grayson Cos., CCN #10182 | |||
| Stephens County Rural Water Supply Corporation in Eastland, Palo Pinto, | |||
| Shackelford, Stephens, Throckmorton and Young Cos., CCN #11456 | |||
| Sturdivant Water Supply Corporation in Palo Pinto and Parker Cos., CCN #10256 | |||
| Trinity Rural Water Supply Corporation in Trinity and Walker Cos., CCN #10128 Remand to ED | |||
| West Delta Water Supply Corporation in Delta and Hunt Cos., CCN #11236 | |||
| West Wise Water Supply Corporation in Wise County, CCN #10284 | |||
| Winkler Water Supply Corporation in Freestone and Navarro Cos., CCN #10754. | |||
| The Resolution implements Senate Bill 2, Section 4.25, 77th Legislature. (Todd Burkey, Joe Strouse) | |||
| Remanded to Executive Director/Partially, RM/RH. All Agree | |||
| RULE MATTERS | |||
| Item 40. | Docket No. 2002-0026-RUL. Consideration for publication of, and hearing on, the following proposed amended and new sections of 30 TAC Ch. 285, On-Site Sewage Facilities: | ||
| Amended Section 285.5 - Submittal Requirements for Planning Materials | |||
| New Section 285.8 - Multiple On-Site Sewage Facility (OSSF) Systems on One Large Tract of Land | |||
| These proposed revisions to Ch. 285 implement House Bill 2912, Section 20.03, 77th Legislature, 2001, to provide the commission the authority to permit multiple treatment and disposal systems located on one tract of land as an OSSF, provided that: the tract of land is at least 100 acres in size; all the systems on the tract of land produce no more than a combined total of 5,000 gallons of sewage per day on an annual average basis; the systems are only used on a seasonal or intermittent basis; and the systems are used only for disposal of sewage produced on the tract of land. (Warren Samuelson, Joseph Thomas) (Rule Log No. 2001-096-285-WT) | |||
| Approve publication and hearing, RH/KW. All Agree | |||
| Item 41. | Docket No. 2001-0059-RUL. Consideration for publication of the following proposed amended sections of 30 TAC Ch. 1, Purpose of Rules, General Provisions; and Ch. 3, Definitions: | ||
| Amended Section 1.3 - Business Office and Mailing Address of the Agency, | |||
| Amended Section 1.4 - Seal of the Commission, and | |||
| Amended Section 3.2 - Definitions. | |||
| The name of the agency will be changed to Texas Commission on Environmental Quality in accordance with House Bill 2912, Article 18, 77th Legislature, 2001. The commission will begin using its new name September 1, 2002, and this limited rulemaking would initiate the process of updating commission rules to reflect this change. Specifically, this rulemaking proposes to change the name on the commission seal and in the addresses of the agency and Chief Clerk in Chapter 1 and the definition of commission in Chapter 3, effective September 1, 2002. (Auburn Mitchell, Eddie Molina) (Rule Log No. 2001-089-003-AD) | |||
| Approve publication and hearing, RH/KW. All Agree | |||
| Item 42. | Docket No. 2002-0060-RUL. Consideration for publication of, and hearing on, the following proposed amended sections of 30 TAC Ch. 213, Edwards Aquifer: | ||
| Section 213.4 - Application Processing and Approval | |||
| Section 213.23 - Plan Processing and Approval | |||
| These proposed revisions to Ch. 213 would provide for a 30-day comment period for contributing zone plans under Subch. B (House Bill 2912, Section 10.04) and change the number of copies required to be submitted for Edwards Aquifer protection plans under Subchs A and B; eliminate the 16th-day approval of a contributing zone plan provision under Subch. B and replace with a 90-day approval process, and move the section on grounds for denying a contributing zone application under Subch. B to proposed Section 213.23(e). (Kathy Ramirez, Julie Talkington, Snehal R. Patel) (Rule Log No. 2001-086-213-WT) | |||
| Approve publication and hearing, RM/RH. All Agree | |||
| Item 43. | Docket No. 2002-0097-RUL. Consideration for publication of, and hearing on, a proposed amendment to 30 TAC Ch. 111, Control of Air Pollution from Visible Emissions and Particulate Matter, Subch. B, Outdoor Burning, Section 111.209, Exception for Disposal Fires. | ||
| The proposed revision would implement the portion of House Bill 2912, Article 17, 77th Legislature, 2001, which authorizes veterinarians to dispose of animal remains by burning under specified circumstances. (Phil Harwell, Jill Burditt) (Rule Log No. 2001-088-111-AI) | |||
| Approve publication and hearing, RH/RM. All Agree | |||
| Item 44. | Docket No. 2002-0049-RUL. Consideration for the publication of a notice of intention to review and readopt 30 TAC Ch. 35, Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment of Permit Conditions; with an amendment to Section 35.901, Emergency Order Concerning On-site Sewage Disposal System. | ||
| This review is in accordance with Texas Government Code, Section 2001.039, and Senate Bill 178, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. These proposed revisions to Chapter 35 would change both the title of Subch. L and the section title for Section 35.901 to reference on-site sewage facilities, rather than on-site sewage disposal system and would amend existing language to clarify that the commission may issue an emergency order requiring the owner of an on-site sewage facility to cease operation of the on-site sewage facility, and the commission may issue an emergency order to suspend the license of an on-site sewage facility installer. (Debra Barber, Kathy Brown) (Rule Log No. 2002-007-035-AD) | |||
| Approve publication, RH/RM. All Agree | |||
| Item 45. | Docket No. 2001-1021-RUL. Consideration for adoption of new Subch. F, East Texas Groundwater Management Area, Sections 294.60 - 294.63 in Chapter 294, Underground Water Management Areas. | ||
| This adoption will designate a new groundwater management area in East Texas that is coterminous with and includes all territory within Anderson, Angelina, Bowie, Camp, Cass, Cherokee, Franklin, Gregg, Harrison, Henderson, Hopkins, Houston, Marion, Morris, Nacogdoches, Panola, Rains, Rusk, Sabine, San Augustine, Shelby, Smith, Titus, Trinity, Upshur, Van Zandt, and Wood Counties. (Kelly Mills, Debi Dyer) (Rule Log No. 2001-012-294-WT) | |||
| Approve Adoption, RH/RM. All Agree | |||
| Item 46. | Docket No. 2001-0912-RUL. Consideration for adoption of the following amended and new sections of 30 TAC Ch. 321, Control of Certain Activities by Rule: | ||
| Amended Section 321.32 - Definitions | |||
| Amended Section 321.33 - Applicability | |||
| Amended Section 321.34 - Procedures for Making Application for an Individual Permit | |||
| Amended Section 321.35 - Procedures for Making Application for Registration | |||
| Amended Section 321.39 - Pollution Prevention Plans | |||
| New Section 321.48 - Regulation of Certain Dairy Concentrated Animal Feeding Operations (CAFOs) | |||
| New Section 321.49 - Dairy Waste Application Field Soil Sampling and Testing | |||
| The adoption would implement provisions of House Bill (HB) 2912 (relating to the continuation and functions of the Texas Natural Resource Conservation Commission; providing penalties), Article 12, Regulation of Certain Animal Feeding Operations; Senate Bill (SB) 2 (relating to the development and management of the water resources of the state, including the ratification of the creation of certain groundwater conservation districts; providing penalties), Article 8, Concentrated Animal Feeding Operations; and SB 1339 (relating to requiring owners or operators of poultry facilities to implement and maintain certified water quality management plans); enacted by the 77th Legislature, 2001. The adopted rules would establish requirements for certain CAFOs located in a major sole-source impairment zone or in the protection zone of a sole-source surface drinking water supply, and would conditionally exclude certain poultry operations from the commission's CAFO rules. The proposed rules were published in the September 28, 2001 issue of the Texas Register (26 TexReg 7482). (Ray Austin, Robert Martinez, Darrell Williams) (Rule Log No. 2001-041-321-WT) | |||
| Approve Adoption, RH/KW. All Agree | |||
| Item 47. | Docket No. 2001-1234-RUL. Consideration for adoption of the following amended and repealed sections of 30 TAC Ch. 281, Applications Processing; and 30 TAC Ch. 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 all powers, duties, obligations, rights, records, employees, and property that are used to administer the weather modification licensing and permitting program from the Texas Natural Resource Conservation Commission to the Texas Department of Licensing and Regulation (TDLR); and all powers, duties, obligations, rights, contracts, records, property, and unspent and unobligated appropriations and other funds used to administer the weather modification grant program to the Texas Department of Agriculture. This rulemaking is to amend and repeal existing rules as soon as possible after TDLR rules became effective on December 30, 2001. (Debra Barber, Bill Billingsley) (Rule Log No. 2001-062-289-WT) | |||
| Approve adoption, RH/RM. All Agree | |||
| EXECUTIVE SESSION | |||
| Item 48. | Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code. | ||
| No Action Taken | |||
| Item 49. | 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. The Commission may also meet in open session to take action on a legal or personnel matters considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code. | ||
| No Action Taken | |||
| Item 50. | 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 | |||
| (PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE. PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.) REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM. | |||
| Item 1. | TNRCC Docket No. 1997-1004-ISW-E; SOAH Docket No. 582-95-1044. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding violations of ch. 26 of the Tex. Water Code (TWC), ch. 361 of the Tex. Health & Safety Code, and TNRCC rules, finding that Fina Pipeline Company (Fina Pipe) and Fina Oil & Chemical Company (Fina Oil) are liable for contamination in the Clawson and Foster subdivisions located in Coahoma, Howard County, Texas. |
| Remand to State Office Administrative Hearings, with instructions to the judge regarding the limited issues that should be considered, RM/RH. All Agree | |