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HEARING REQUESTS |
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Item 1. |
Docket No. 2002-0804-MWD. Consideration of permit application # 13381-001,
submitted by Knox Oil of Texas, Inc. for an amendment of permit (TNRCC Permit
No. 13381-001) to authorize an increase in the daily average flow from 1,800 gallons
per day to 4,950 gallons per day and disposal of treated effluent via a spray
evaporation system. The application also includes a request for a variance to the
buffer zone requirements. This permit will not authorize a discharge of pollutants into
waters in the State. The facility and disposal site are located on the northeast corner of
the Interstate Highway 10 and Farm-to-Market Road 1458 intersection in the City of
San Felipe in Austin County, Texas. The Commission will consider Request for
Reconsideration and Request for Contested Case Hearing. (Jacquelyn Boutwell,
Zdenek Matl) |
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See Item # 42 |
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Item 2. |
Docket No. 2002-0748-WR. Consideration of application No. 5680, submitted by
Ronnie and Martha Stephens for a new permit (proposed Water Use Permit No.
5680), to authorize the applicants to maintain a dam and reservoir on the Leon River,
tributary of the Little River, tributary of the Brazos River, Brazos River Basin, and to
divert contracted water from the reservoir for irrigation purposes. The reservoir is
located 4 miles north-northwest of Gustine, in Comanche County, Texas. The
Commission will also consider hearing requests, related responses and replies, and
public comment. (Iliana Delgado, Mike Hughes) |
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Grant hearing of Robert Mull, but deny hearing request of Randall Mull, and refer to Alternative
Dispute Resolution 4 to 6 weeks, and if mediation fails forward to State Office Administrative
Hearings, RH/RM. All Agree |
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Item 3. |
Docket No. 2002-0563-DIS. Consideration of an application by Pritchett Water
Supply Corporation to convert to a special utility district operating under Texas
Water Code Chapters 49 and 65. The proposed district will include 108.5 square miles
of territory located in Upshur and Wood Counties, Texas. The Commission will
also consider hearing requests and related responses and replies. (Internal Control No.
01292001-D01, John Deering, Fred Radloff). |
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Deny hearing requests, approve application to convert to special utility district, approve transfer of
CCN to SUD, and approve Board members as outlined by General Counsel, RH/RM. All Agree |
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Item 4. |
Docket No. 2002-0803-WR. Consideration of the application of Robert and Sylvia
Sieker for Water Use Permit No. 5737 authorizing the diversion and use of not to
exceed 1 acre-foot of water per annum from the Guadalupe River, Guadalupe River
Basin for agriculture use to irrigate 1 acre of land in the J. H. Cocke Survey, Abstract
No. 95, also located at 99 Lemas Street in Kerrville, Kerr County, Texas. The
applicants seek to divert the water, pursuant to an Upstream Diversion Contract
between the Applicant and the Guadalupe-Blanco River Authority (GBRA), at a
diversion rate not to exceed 0.022 cubic-feet-per-second (10 gallons-per-minute). This
application is contingent upon the maintenance of the Upstream Diversion Contract
between the applicant and the GBRA for 1 acre-foot of water per annum. The
Commission will consider hearing requests, related responses and replies, public
comments, and issuance of the permit. (David Koinm, Guy Henry) |
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Deny hearing request of Small Hydro, but continue the Davenport's hearing request until the
September 25, agenda, RH/RM. All Agree |
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AGRICULTURAL AGREED ORDER |
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Item 5. |
Docket No. 2001-0791-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of George Ted DeVries dba
DeVries Dairy in Erath County; TNRCC Water Quality Permit No. 03061; for
agricultural water quality violations pursuant to Tex. Water Code chs. 7 and 26 and
the rules of the Texas Natural Resource Conservation Commission. (Robin Chapman) |
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Issue agreed order, RM/RH. All Agree |
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AIR AGREED ORDERS |
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Item 6. |
Docket No. 2001-1260-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against the City of Denton in Denton County; Air Account
No. DF-0012-T; 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. (Wendy Cooper, Bill Davis) |
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Issue agreed order, RH/KW. All Agree |
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Item 7. |
Docket No. 2001-1499-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against HEC Petroleum, Inc. in Chambers County; Air
Account No. CI-0100-F; for air quality violations pursuant to Tex. Health & Safety
Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Catherine Sherman, Bill Davis) |
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Issue agreed order, RH/KW. All Agree |
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Item 8. |
Docket No. 2001-1545-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Oasis Pipe Line Company Texas L.P. in Pecos
County; Air Account Nos. PE-0113-Q and PE-0109-H; for air quality violations
pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules
of the Texas Natural Resource Conservation Commission. (Dan Landenberger, Bill
Davis) |
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Issue agreed order, RH/KW. All Agree |
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Item 9. |
Docket No. 2001-1420-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Mitchell Gas Services L.P. in Coleman County; Air
Account No. CO-0034-B; for air quality violations pursuant to Tex. Health & Safety
Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Carolyn Easley, Bill Davis) |
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Issue agreed order, RH/KW. All Agree |
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Item 10. |
Docket No. 2001-1074-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Prestigious Accessories, Inc.
in Smith County; Air Account No. SK-0168-R; for air quality violations pursuant to
Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Carolyn V. Lind, Bill Davis) |
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Issue agreed order, RH/KW. All Agree |
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Item 11. |
Docket No. 2001-1205-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Nustar Joint Venture
operated by Enogex Products Corporation in Upton County; Air Account Nos.
UB-0006-C and UB-0002-K; for air quality violations pursuant to Tex. Health &
Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural
Resource Conservation Commission. (Dan Landenberger, Bill Davis) |
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Issue agreed order, RH/KW. All Agree |
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Item 12. |
Docket No. 2001-1327-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against TXU U.S. Holdings Company formerly known as
TXU Electric Company in Hood County; Air Account No. HQ-0012-T; 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. (Judy
Fox, Bill Davis) |
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Issue agreed order, RH/KW. All Agree |
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INDUSTRIAL WASTE DISCHARGE AGREED ORDER |
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Item 13. |
Docket No. 2001-1252-IWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Shezy Enterprise, Inc. dba
Fina Truck Stop in Hunt County; Texas Pollutant Discharge Elimination System
Permit No. 11721-001 ; for water quality violations pursuant to Tex. Water Code chs.
7 and 26 and the rules of the Texas Natural Resource Conservation Commission.
(Cheryl Thompson, Bill Davis) |
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Remanded to Executive Director |
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MUNICIPAL SOLID WASTE AGREED ORDER |
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Item 14. |
Docket No. 2001-1071-MSW-E. Consideration of an Agreed Order assessing
administrative penalties against Total Roll-Offs, L.L.C. in Washington County;
Municipal Solid Waste Registration No. 40173; 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. (Michael Limos, Bill
Davis) |
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Issue agreed order, RM/KW. All Agree |
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MUNICIPAL SOLID WASTE DEFAULT ORDER |
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Item 15. |
Docket No. 2001-1101-MSW-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Lee Ward dba Ward's
Trucking in Tarrant County; TNRCC ID No. none; 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. (Elisa
Roberts) |
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Issue Default Order, RH/KW. All Agree |
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MUNICIPAL WASTE DISCHARGE AGREED ORDERS |
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Item 16. |
Docket No. 2001-0896-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Cibolo Creek Municipal
Authority in Bexar County; Texas Pollutant Discharge Elimination System Permit
No. 11269-001; for water quality violations pursuant to Tex. Water Code chs. 7 and
26 and the rules of the Texas Natural Resource Conservation Commission. (Elvia
Maske, Bill Davis) |
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Issue agreed order, RH/KW. All Agree |
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Item 17. |
Docket No. 2001-0766-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Texas Parks and Wildlife
Department in Harris County; TPDES Permit No. 11214-001; for water quality and
fee violations pursuant to Tex. Health & Safety Code chs. 341, 366, and 367, Tex.
Water Code chs. 5, 7, 11, and 26, and the rules of the Texas Natural Resource
Conservation Commission. (Sherry Smith, Bill Davis) |
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Issue agreed order, RH/KW. All Agree |
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Item 18. |
Docket No. 2001-1210-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Harris County Municipal
Utility District No. 249 in Harris County; Texas Pollutant Discharge Elimination
System Permit No. 13765-001; 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, Bill Davis) |
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Issue agreed order, RH/KW. All Agree |
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Item 19. |
Docket No. 2001-0984-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Gainesville in
Cooke County; NPDES Permit No. TX0022357-001A and Water Quality Permit No.
0010726-001; for water quality 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) |
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Issue agreed order, RH/KW. All Agree |
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PETROLEUM STORAGE TANK AGREED ORDERS |
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Item 20. |
Docket No. 2001-1392-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Bahrami Enterprises,
L.L.C. dba Minit Mart in Ellis County; Petroleum Storage Tank Facility ID No.
0028086; 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) |
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Issue agreed order, RM/RH. All Agree |
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Item 21. |
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) |
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Remanded to Executive Director |
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Item 22. |
Docket No. 2000-1125-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Richard Crane dba Rick's
By The Park in Tarrant County; TNRCC PST ID No. 0064891; for petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Elisa Roberts) |
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Issued agreed order, RM/RH. All Agree |
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Item 23. |
Docket No. 2001-1040-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Rebel Enterprises, Inc. dba Rebel Food in Jasper
County; Petroleum Storage Tank Facility ID No. 0071393; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (John Barry, Bill Davis) |
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Issue agreed order, RM/RH. All Agree |
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Item 24. |
Docket No. 2001-1126-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Josh Jumbo Corporation
dba Sonic Quick Stop in Harris County; Petroleum Storage Tank Facility ID No.
0040823; 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, Bill Davis) |
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Issue agreed order, RM/RH. All Agree |
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Item 25. |
Docket No. 2001-1496-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Chevron U.S.A. Inc. in Harris 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.
(Catherine Sherman, Bill Davis) |
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Issue agreed order, RM/RH. All Agree |
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PUBLIC WATER SYSTEM AGREED ORDERS |
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Item 26. |
Docket No. 2001-1290-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Cypress Bible Church of Harris County in Harris
County; Public Water Supply No. 1011408; for drinking water quality violations
pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural
Resource Conservation Commission. (Kent Heath, Bill Davis) |
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Issue agreed order, RH/KW. All Agree |
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Item 27. |
Docket No. 2001-0313-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Lakeview Water Co-Op in
Denton County; Public Water Supply No. 0610232; 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. (Wendy
Cooper, Bill Davis) |
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Issue agreed order, RH/KW. All Agree |
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Item 28. |
Docket No. 2001-0677-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of AquaSource Utility, Inc.
dba Pine Trails Utility, Inc., The Gap Water Company, Cherokee Point Water
Company, Inc., Ingram Water Supply, Inc., and H2M Water System in Harris,
Taylor, Camp, Kerr, and Tarrant Counties; Public Water Supply Nos. 1010535,
2210023, 0320015, 2200341, 2200329, and 1330011 and Certificate of Convenience
and Necessity Nos. 10938, 11157, 11993, 11908, and 11728; for drinking water
quality violations pursuant to Tex. Water Code ch. 13 and the rules of the Texas
Natural Resource Conservation Commission. (Michelle Harris, Bill Davis) |
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Remanded to Executive Director |
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Item 29. |
Docket No. 2001-0528-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mark Stewart and Dona B.
Stewart dba Stewart Water in Cass County; CCN No. 12416 and Public Water
Supply No. 0340019; for drinking water quality violations pursuant to Tex. Water
Code ch. 13 and the rules of the Texas Natural Resource Conservation Commission.
(Gilbert Angelle, Bill Davis) |
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Issue agreed order, RH/KW. All Agree |
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Item 30. |
Docket No. 2001-1184-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Blooming Grove
in Navarro County; Public Water Supply ID No. 1750001; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Erika Fair, Bill Davis) |
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Issue agreed order, RH/KW. All Agree |
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Item 31. |
Docket No. 1999-0905-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Quadvest, Inc. dba as the
following: Telge Terrace Mobile Home Subdivision, Colony Mobile Home
Subdivision, Timberdale Mobile Home Subdivision, Campwood Subdivision,
Indigo Lakes Subdivision, Sendera Ranch Subdivision, Red Oak Ranch
Subdivision, Stonecrest Ranch Subdivision, Lake Windcrest Ranch Subdivision,
and Westwood Subdivision in Harris, Montgomery, and Waller Counties;
TNRCC ID Nos. 1011805, 1011806, 1011810, 1700576, 1700577, 1700609, 1700611,
1700624, 1700404, and 2370042; for public drinking water violations pursuant to ch.
341 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource
Conservation Commission. (Elisa Roberts) |
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Continued to September 25, 2002 |
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Item 32. |
Docket No. 2001-1473-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Philip Clemente dba Northeast Mobile Home Park
in Denton County; Public Water Supply No. 0610090; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Michelle Harris, Bill Davis) |
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Issue agreed order, RH/KW. All Agree |
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UTILITY CERTIFICATION AND RATES - EMERGENCY ORDER |
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Item 33. |
Docket No. 2002-0726-UCR. Consideration of whether to affirm, modify, or set
aside the Emergency Rate Order issued by the Executive Director, without a hearing,
on May 24, 2002 approving the application by John M. Fultz, Receiver for Five
Land Water System, Shannon Place Water System, and River Oaks/Sunshine
Acres Water System, for an emergency water rate increase. The order was issued
pursuant to Sections 5.508 and 13.4133, Texas Water Code and 30 Texas
Administrative Code, Section 35.202. The utility serves approximately 122
connections in Grimes, Madison, and Leon Counties, Texas. The Emergency Rate
Order authorizes a rate increase from a flat monthly rate of $12.00 per connection for
Five Land Water System and Shannon Place Water System, and from a flat monthly
rate of $18.00 per connection for River Oaks/Sunshine Acres Water System, to a
monthly minimum including zero gallons of $34.00 for all three systems. The
Emergency Rate Order also authorizes a gallonage charge of $1.80 per 1,000 gallons.
The new rates would be effective May 27, 2002 for a period of 15 months or until a
final rate is set, whichever occurs sooner. The application states that the rate increase
is necessary to ensure the provision of continuous and adequate services to the
utilities' customers. (Michelle Abrams/Geoff Kirshbaum) |
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Affirm the Emergency Rate Order with the following modifications: 1) FOF No. 1 as modified to
reflect that as of March 5, 2002, Five Land Water System, Shannon Place Water System, and River
Oaks/Sunshine Acres Water System all operate under CCN No. 12502 and that Shannon Place Water
System is sometimes referred to as Shannon Estates Water System; 2) FOF No. 4 as modified to
include clauses in the Application setting forth a Purchased Water/Underground Water District Fee
Pass Through formula, Temporary Water Rate formula, and Governmental Testing, Inspection, and
Costs Surcharge Clause and to state that the gallonage rate of $1.80 per 1,000 gallons would not be
effective with regard to a water system until the time that all customers served by the system become
metered; and 3) inclusion of instruction to staff to initiate immediately a hearing on the final rates if
the required system improvements are not completed and service thereby improved within two months
of issuance of this order, RH/RM. All Agree |
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RULE MATTERS |
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Item 34. |
Docket No. 2001-1411-RUL. Consideration for adoption of the new and amended
sections of 30 TAC Chapter 205, General Permits for Waste Discharges; Chapter
281, Applications Processing; Chapter 305, Consolidated Permits; and Chapter 319,
General Regulations Incorporated into Permits; and the repeal of Subchapter K,
Criteria and Standards for Best Management Practices Authorized under the Clean
Water Act, Section 304(e) of Chapter 308, Criteria and Standards for the National
Pollutant Discharge Elimination System. |
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The principal purpose of these revisions to Chapters 205, 281, 305, 308, and 319 is to
conform commission rules to United States Environmental Protection Agency (EPA)
regulations under the federal Clean Water Act (CWA), either by incorporating the
federal regulations by reference or by introducing language into commission rules that
correspond to federal regulations. With the exception of a clarifying amendment to
Section 319.11, the adopted changes would maintain equivalency with EPA
regulations in order to continue delegated National Pollutant Discharge Elimination
System (NPDES) permitting authority under the CWA. The proposed rules were
published in the April 12, 2002 issue of the Texas Register (27 TexReg 2957). (Curtis
Seaton, Steve Stubbs, Michael Hughes, Auburn Mitchell) (Rule Log No.
2001-023-305-WT) |
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Approve adoption and amended sections as recommended by staff, RM/KW. All Agree |
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Item 35. |
Docket No. 2002-0273-RUL. Consideration for adoption of the following new and
amended sections of 30 TAC Chapter 1, Purpose of Rules, General Provisions;
Chapter 39, Public Notice; and Chapter 116, Control of Air Pollution by Permits for
New Construction or Modification: |
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New: |
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Section 1.12, Summary for Public Notices |
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Section 116.1042, Notice of Final Action |
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Amended: |
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Section 39.403, Applicability |
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Section 39.405, General Notice Provisions |
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Section 39.501, Application for Municipal Solid Waste Permit |
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Section 39.503, Application for Industrial or Hazardous Waste Facility Permit |
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Section 116.1011, Multiple Plant Permit Application |
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Section 116.1040, Multiple Plant Permit Public Notice and Public Participation |
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Section 116.1041, Multiple Plant Permit Notice and Comment Hearings |
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Section 116.1050, Multiple Plant Permit Application Fee |
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The adoption would implement provisions of House Bill (HB) 2912 (an act relating to
the continuation and functions of the Texas Natural Resource Conservation
Commission; providing penalties), Sections 1.12 and 2.01; HB 2947 (an act relating to
the posting of notice for water discharge permits); and Senate Bill 688 (an act relating
to requirements for public notice and hearing on applications for certain permits that
may have environmental impact); enacted by the 77th Legislature, 2001. The
adoption includes certain requirements relating to the content of public notices; public
meetings for facilities that accept municipal solid waste; newspaper publications; and
public notices and other procedures for multiple plant permits. The proposed rules
were published in the April 26, 2002 issue of the Texas Register (27 TexReg 3449).
(Lydia Gonzalez-Gromatzky, Ray Austin) (Rule Log No. 2001-028-039-AD) |
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Approve staff recommendation, RH/RM. All Agree |
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Item 36. |
Docket No. 2002-0188-RUL. Consideration for adoption of amendments to 30 TAC
Chapter 288, Water Conservation Plans, Drought Contingency Plans, Guidelines and
Requirements, Section 288.1 and Section 288.4; Chapter 295, Water Rights,
Procedural, Sections 295.9, 295.13, 295.31, 295.32, 295.51, 295.71, 295.72, 295.133,
295.202; and Chapter 297, Water Rights, Substantive, Sections 297.1, 297.15,
297.18, 297.21, 297.41 - 297.43, 297.51, 297.52, 297.61, 297.71, 297.73, 297.74, and
297.104. |
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The amendments implement House Bill 247 and Senate Bill 2, Sections 2.01 - 2.13,
2.15, 4.03, and 4.17, 77th Legislature, 2001. The amendments revise and add
definitions; make revisions necessary to implement the change from irrigation use to
the more broad agricultural use; revise the procedural rules for cancellation of water
rights; exempt certain water right applications from the onetime use fee; revise the
permit exemption for domestic and livestock reservoirs; add a permit exemption for
certain fish and wildlife management reservoirs; and require persons to timely
complete and return groundwater or surface water surveys conducted by the Texas
Water Development Board in order to be eligible to obtain water right permits, permit
amendments, or permit renewals from the commission. The proposed rules were
published in the April 12, 2002 issue of the Texas Register (27 TexReg 2965, 2998,
3004). (Todd Chenoweth, Robin Smith, Jill Burditt) (Rule Log No.
2001-031-297-WT) |
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Approve adoption, KW/RH. All Agree |
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Item 37. |
Docket No. 2002-0153-RUL. Consideration for adoption of the following amended
sections of 30 TAC Chapter 291, Utility Regulations, Subchapter A, General
Provisions, Section 291.8; Subchapter B, Rates, Rate Making, and Rates/Tariff
Changes, Sections 291.21, 291.22, 291.24, 291.26, 291.28, 291.29, 291.31, 291.32,
and 291.34; Subchapter E, Customer Service and Protection, Sections 291.81, 291.82,
291.85, 291.87, and 291.88; Subchapter G, Certificates of Convenience and Necessity,
Section 291.113; and Subchapter H, Utility Submetering and Allocation, Sections
291.122 and 291.127. |
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The adoption would implement legislation regulating public utilities from House Bill
(HB) 2404; HB 2912, Sections 3.10 and 20.01; Senate Bill (SB) 2, Section 2.53,
Article 9, Sections 10.01, 10.03 - 10.07; and SB 352. The adopted amendments also
address statutory revisions enacted by HB 924 and SB 1444 concerning the authority
of districts and water supply corporations to require easements. Minor revisions are
also adopted to correct citations affected by other rule changes, reformatting, and
rewording for clarity. The proposed rules were published in the April 12, 2002 issue
of the Texas Register (27 TexReg 2969). (Joseph Thomas, Wayne Wiley, Lara
Nehman) (Rule Log No. 2001-061-291-WT) |
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Continued to August 7, 2002 |
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Item 38. |
Docket No. 2002-0883-RUL. Consideration of a petition for rulemaking filed by the
Texas Water Quality Association requesting that the commission revise Chapter 285,
On-Site Sewage Facilities, to allow owners of on-site sewage facilities (OSSFs) to
install and use household water softeners that discharge effluent into the OSSF,
provided the water softeners meet certain criteria; to allow owners of OSSFs to install
and use household water softeners that do not meet the specified criteria, provided the
calculated volume of effluent meets certain criteria; to allow owners of OSSFs to
install and use Point of Use (under sink unit) Reverse Osmosis systems that discharge
effluent into an OSSF; and to allow owners of OSSFs to install and use whole house
reverse osmosis systems that discharge effluent into the OSSF, provided the calculated
volume of effluent meets certain criteria. (Kathy Brown, Warren Samuelson, Kathy
Ramirez) (Rule Log No. 2002-058-PET-WT) |
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Direct staff to initiate rulemaking, RH/KW. All Agree |
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EXECUTIVE SESSION |
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Item 39. |
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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Commission met in Executive Session, no action taken |
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Item 40. |
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. |
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Commission met in Executive Session, no action taken |
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Item 41. |
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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Commission met in Executive Session, 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. |