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RULES |
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| Item 1. |
Docket No. 2002-0199-RUL. Consideration for adoption of amended Section 50.113
of 30 TAC Chapter 50, Action on Applications and Other Authorizations; amended
Section 55.211 of 30 TAC Chapter 55, Requests for Reconsideration and Contested
Case Hearings; Public Comment; new Sections 60.2 and 60.3 of 30 TAC Chapter 60,
Compliance History; amended Sections 116.110 and 116.730, new Sections 116.773
and 116.915, and the repeal of Sections 116.11, 116.120 - 116.123, 116.125, and
116.126 of 30 TAC Chapter 116, Control of Air Pollution by Permits for New
Construction or Modification; new Section 122.162 of Chapter 122, Federal
Operating Permits; and amended Section 281.21 of 30 TAC Chapter 281,
Applications Processing. |
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These revisions implement House Bill 2912, Section 4.01, 77th Legislature, 2001.
The new sections of Chapter 60 will establish the classification and use of the
components of compliance history in agency decisions to issue, renew, amend,
modify, deny, suspend, or revoke a permit and in decisions regarding enforcement, the
use of announced investigations, and participation in innovative programs. Associated
new, amended, or repealed sections in Chapters 50, 55, 116, 122, and 281 will
consolidate and make uniform compliance history for all media in Chapter 60. The
proposed rules were proposed in the April 12, 2002 issue of the Texas Register (27
TexReg 2922, 2927, 2930, 2945, 2952, 2959). (Debra Barber, Ann McGinley) (Rule
Log No. 2001-071-060-AD) |
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| Approve adoption including changes as recommended, RH/RM. All Agree |
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| Item 2. |
Docket No. 2002-0179-RUL. Consideration for adoption of the following new and
amended sections of 30 TAC Chapter 328, Waste Minimization and Recycling;
Chapter 330, Municipal Solid Waste; and Chapter 332, Composting. |
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Amended: |
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Section 328.8 - Recordkeeping and Reporting Requirements |
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Section 330.2 - Definitions |
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Section 332.3 - Applicability |
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Section 332.4 - General Requirements |
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Section 332.23 - Operational Requirements |
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Section 332.33 - Required Forms, Applications, Reports, and Request to Use the
Sludge Byproduct of Paper Production |
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Section 332.43 - Required Forms, Applications, and Reports |
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New: |
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Section 328.2 - Definitions |
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Section 328.3 - General Requirements |
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Section 328.4 - Limitations on Storage of Recyclable Materials |
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Section 328.5 - Reporting and Recordkeeping Requirements |
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These new and amended sections will address the requirements of House Bill 2912,
Article 9, Section 9.03, 77th Legislature, 2001, by amending Chapter 328 to establish
the justification for recycling facility exemptions from registration and permit
requirements under Chapter 330; amending Chapter 330 to add the terms
"source-separated recyclable material", and "incidental amount(s) of non-recyclable
waste", and amending the definition of "storage"; and amending Chapter 332 to
establish the requirements for recordkeeping, and reporting, and limitations on the
storage of recyclable material. The proposal was published for comment in the April
26, 2002 issue of the Texas Register (27 TexReg 3525, 3532, 3542). (Michael Bame,
Ada Lichaa, Alan Watts, John Williams) (Rule Log No. 2001-081-328-WS) |
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| Continued to August 21, 2002 |
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HEARING OR RECONSIDERATION REQUESTS |
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| Item 3. |
Docket No. 2002-0826-AIR. Consideration of application by RGR Redi-Mix, L.P.
for Air Quality Standard Permit for a Concrete Batch Plant, Registration No. 47258 to
authorize construction of a concrete batch plant. The proposed plant would be located
3,100 feet west of the intersection of Wildcat Road and FM 428, in Aubrey, Denton
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. (Patrick N. Agumadu/Garrett Arthur) |
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| Deny all hearing requests as a matter of law, deny all requests for reconsideration, adopt the Executive
Director's response as revised to include a response explaining that while the Commission has no
jurisdiction to enforce the federal Endangered Species Act, the standard permit does not authorize the
emissions of air contaminants that are or tend to be injurious to or adversely affect animal life, and
approve issuance of the registration, RH/KW. All Agree |
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| Item 4. |
Docket No. 2002-0862-MWD. Consideration of permit application # 12928-001,
submitted by HARRIS COUNTY MUD # 285 for a major amendment of permit
(TPDES Permit No. 12928-001), to authorize an increase in the discharge of treated
domestic wastewater from a daily average flow not to exceed 250,000 gallons per day
to a daily average flow not to exceed 600,000 gallons per day. The facility is located
approximately 500 feet north of the intersection of Wickhamford Way and Crosshaven
Drive, approximately 3/4 mile west of Carpenters Bayou in Harris County, Texas.
The Commission will also consider request for reconsideration, hearing requests,
related responses and replies, public comment and the Executive Director's response
to comments (Robert Brush/Zdenek Matl). |
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| Grant hearing request of Lloyd & Valerie Krizan; refer to Alternative Dispute Resolution for 4 to 6
weeks; if mediation fails refer to State Office Administrative Hearings; and instruct judge to consider
the issue of whether operations at the facility will result in the production of offensive odors,
necessitating additional permit requirements; and limit the duration of the hearing to 4 months from
preliminary hearing to PFD issuance, RM/RH. All Agree |
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| Item 5. |
Docket No. 2002-0846-MWD. Consideration of permit application # 14271-001,
submitted by THE PARKE AT HAWK HOLLOW, L.P. for a new permit
(proposed TPDES Permit No. 14271-001), which authorizes the discharge of treated
domestic wastewater with a daily average flow not to exceed 180,000 gallons per day.
The wastewater treatment facility will serve a mobile home community. The
wastewater treatment facility will be located approximately 2,200 feet northeast of the
intersection of Farm-to-Market Road 973 and Johnson Road in Travis County, Texas.
The Commission will also consider hearing requests, related responses and replies,
public comment and the Executive Director's response to comments (Guy
Henry/Julian D. Centeno, Jr.). |
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| Approve hearing requests of Terrie Duffy, Denise Martinez, City of Manor and Blackland Prairie
Concerned Citizens Association, and refer to Alternative Dispute Resolution for 4 to 6 weeks, and if
mediation fails forward to State Office Administrative Hearings on the issues of will the facility's
discharge adversely affect livestock, pets, or soils on neighboring property and or downstream
property, whether the facility discharge will adversely affect residents' use and enjoyment of their
property, whether the applicant's permit should include a salt limit and testing requirements, whether
the applicant should connect to another system for regionalization purposes, whether the proposed
CBOD5, TSS, NH3-N, DO and total phosphourus limits in the draft permit are adequate to protect
Cottonwood Creek and Wilbarger Creek from pollution, whether the discharge will contain
Leptospirosis, whether the application adequately describes the waste stream, deny the request for
reconsideration, and the duration of the hearing is to be 6 months from preliminary hearing to PFD
issuance, RH/RM. All Agree |
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| Item 6. |
Docket No. 2002-0747-WR. Consideration of the application of Thomas J. Fatjo,
Jr. for Water Use Permit No. 5713 for authorization to maintain an existing dam and
reservoir on an unnamed tributary known as Bumble Bee Creek, tributary of the
Guadalupe River, Guadalupe River Basin in Kerr County, Texas. The applicant
seeks to impound not to exceed 11 acre-feet of contract water per annum for aesthetics
and recreational purposes. The applicant also seeks to divert 30 acre-feet of contract
water per annum from the said reservoir at a maximum rate of 0.22 cfs (98.74 gpm)
for agricultural use and irrigation of 23 acres of land out of a 173 acre-tract located in
the J.A. Wickson Survey 674, Abstract 370; the A.Z. Zumwalt Survey 1837, Abstract
988; and the R. Jones Survey 1578, Abstract 1735, Kerr County. This application is
contingent upon the maintenance of the Upstream Diversion Contract between the
applicant and the Guadalupe-Blanco River Authority for 32 acre-feet of water. The
Commission will also consider hearing requests, related responses and replies, and
public comments. (Iliana Delgado, Guy Henry) |
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| Remanded to Executive Director |
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AGRICULTURAL ENFORCEMENT AGREED ORDER |
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| Item 7. |
Docket No. 2001-1295-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of William Lasater dba
Lasater Dairy in Hamilton County; Water Quality Permit No. 04333 (Expired); for
water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of
the Texas Natural Resource Conservation Commission. (Gilbert Angelle, Laurie
Eaves) |
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| Issue agreed order, RH/KW. All Agree |
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| Item 8. |
Docket No. 2001-1145-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Steve Vandermeer dba
Vandermeer Dairy in Erath County; Water Quality Permit No. 03190; for water
quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Joseph Daley, Laurie Eaves) |
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| Issue agreed order, RH/KW. All Agree |
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AIR QUALITY ENFORCEMENT AGREED ORDERS |
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| Item 9. |
Docket No. 2001-0143-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Juan D. Juarez and Juarez
Brothers, Inc. dba America Auto Repair in Harris County; Air Account No.
HX-2410-J; for air quality violations pursuant to Tex. Health & Safety Code ch. 382,
Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (Kevin Keyser, Laurie Eaves) |
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| Issue agreed order, RM/RH. All Agree |
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| Item 10. |
Docket No. 2001-1338-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Garland Municipal Power
& Light in Collin and Dallas Counties; Air Account Nos. CP-0026-M and
DB-0384-A; 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, Laurie Eaves) |
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| Issue agreed order, RM/RH. All Agree |
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| Item 11. |
Docket No. 2002-0115-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Sherwin Alumina, L.P. in
San Patricio County; TNRCC Air Account Number SD-0037-N; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and
the rules of the Texas Natural Resource Conservation Commission. (Audra
Baumgartner, Laurie Eaves) |
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| Issue agreed order, RM/RH. All Agree |
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| Item 12. |
Docket No. 2001-1524-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of W&W Fiberglass Tank
Company in Gray County; Air Account No. GH-0099-A; 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. (Ronnie Kramer, Laurie
Eaves) |
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| Issue agreed order, RM/RH. All Agree |
| |
| Item 13. |
Docket No. 1999-0057-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against and requiring certain actions of CITGO Refining
and Chemical Company, L.P in Nueces County; TNRCC Air Account Nos.:
NE-0027-V and NE-0192-F and WQ No. TX0006211; for air quality and water
quality violations pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health &
Safety Code, chs. 7 and 26 of the Tex. Water Code, and the rules of the Texas Natural
Resource Conservation Commission. (Mary R. Risner) |
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| Issue agreed order, RM/RH. All Agree |
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| Item 14. |
Docket No. 2001-0072-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Lyondell-CITGO Refining,
LP in Harris County; TNRCC ID No: HG-0048-L; for air quality violations pursuant
to the Texas 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. (Mary Risner) |
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| Issue agreed order, RM/RH. All Agree |
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| Item 15. |
Docket No. 2001-1511-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Industrial Pipe and Plastics of Texas, Incorporated
in Karnes County; Air Account No. KA-0039-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. (Suzanne Walrath, Laurie Eaves) |
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| Issue agreed order, RM/RH. All Agree |
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| Item 16. |
Docket No. 2001-0195-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Baker Petrolite Corporation
in Harris County; Air Account No. HG-0564-L; for air quality violations pursuant to
Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the
Texas Natural Resource Conservation Commission. (Kevin Keyser, Laurie Eaves) |
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| Issue agreed order, RM/RH. All Agree |
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INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS |
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| Item 17. |
Docket No. 2001-1013-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of The Boeing Company in
Bexar County; Solid Waste Registration No. 85741; 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. (Susan Johnson,
Laurie Eaves) |
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| Continued to September 13, 2002, RH/RM. All Agree |
| |
| Item 18. |
Docket No. 2001-1362-IHW-E. Consideration of an Agreed Order assessing
administrative penalties against Westfield Sandblasting, Inc. in Harris County;
Solid Waste Registration No. 83338; 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. (Catherine Sherman,
Laurie Eaves) |
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| Issue agreed order, RM/KW. All Agree |
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MULTI-MEDIA MATTER ORDER TO AFFIRM, MODIFY OR SET ASIDE
EMERGENCY ORDER |
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| Item 19. |
Docket No. 2002-0851-MLM-E. Consideration of whether to affirm, modify or set
aside an Emergency Order issued on July 3, 2002 by the Executive Director of the
Texas Natural Resource Conservation Commission (TNRCC). The Emergency Order
requires certain actions of Robert Jon Leiman and QMS Environmental
Corporation in Calhoun County to immediately cease all unauthorized discharges
and, within two days after the effective date of the Order, hire, at a minimum, an
independent Class D Wastewater Operator; TNRCC ID Nos. WQ 12653-001
(expired), 4278-001 (pending); for industrial and hazardous waste violations pursuant
to the Texas Solid Waste Disposal Act ch. 361 of the Tex. Health & Safety Code, and
wastewater violation pursuant to chs. 5 and 26 of the Tex. Water Code, and the rules
of the Texas Natural Resource Conservation Commission. (Lisa Lemanczyk) |
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| Set aside emergency order, RH/KW. All Agree |
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MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS |
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| Item 20. |
Docket No. 2001-1102-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Port Mansfield Public
Utility District in Willacy County; Municipal Solid Waste Unauthorized Site No.
455150023; 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. (Sandra Hernandez Alanis, Laurie Eaves) |
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| Issue agreed order, RH/KW. All Agree |
| |
| Item 21. |
Docket No. 2001-1267-MSW-E. Consideration of an Agreed Order assessing
administrative penalties against Boyd Reeder in Leon County; Municipal Solid
Waste Unauthorized Facility No. UNA-0005; 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. (Sheila Smith, Laurie
Eaves) |
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| Issue agreed order, RH/KW. All Agree |
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| Item 22. |
Docket No. 2001-0042-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Wise County Recycling, Inc.
in Wise County; Unauthorized Site No. 455040124; for municipal solid waste
violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs.
7 and 26, and the rules of the Texas Natural Resource Conservation Commission.
(Wendy Cooper, Laurie Eaves) |
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| Issue agreed order, RH/KW. All Agree |
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MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
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| Item 23. |
Docket No. 2001-1136-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Robert Lee in
Coke County; Texas Pollutant Discharge Elimination System Permit No. 13901-001;
for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of
the Texas Natural Resource Conservation Commission. (Mark Newman, Laurie
Eaves) |
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| Issue agreed order, RH/KW. All Agree |
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| Item 24. |
Docket No. 2001-1270-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Jasper in Jasper
County; TPDES Permit No. 10197-001; for water quality violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Sheila Smith, Laurie Eaves) |
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| Issue agreed order, RH/KW. All Agree |
| |
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ON SITE SEWAGE ENFORCEMENT AGREED ORDER |
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| Item 25. |
Docket No. 2001-0282-OSI-E. Consideration of an Agreed Order assessing
administrative penalties against and requiring certain actions of Jackie Fountain dba
Fountain Plumbing in Shelby County; TNRCC OSSF 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. (Richard O'Connell) |
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| Issue agreed order, RM/RH. All Agree |
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PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
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| Item 26. |
Docket No. 2001-1024-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Betty J. Pope and Ivan B.
Hansen dba B & I Grocery in San Jacinto County; Petroleum Storage Tank
Facility ID No. 0056099; for petroleum storage tank violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Susan Kelly, Laurie Eaves) |
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| Issue agreed order, RH/RM. All Agree |
|
| Item 27. |
Docket No. 2002-0008-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Econo Lube N'Tune, Inc. in
Tarrant County; Petroleum Storage Tank Facility ID No. 0045585; for petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Alayne Furgurson, Laurie
Eaves) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 28. |
Docket No. 2002-0009-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Eddins-Walcher Company in Midland 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. (Mark Newman, Laurie Eaves) |
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| Remanded to Executive Director |
| |
| Item 29. |
Docket No. 2001-1429-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Eros Investment Inc. dba Stop N Shop in Jefferson
County; Petroleum Storage Tank Facility ID No. 0024684; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Susan Kelly, Laurie Eaves) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 30. |
Docket No. 2001-1022-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Ms. Kim Pham dba Sunny's Food Express in
Harris County; Petroleum Storage Tank Facility ID No. 0039803; 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, Laurie
Eaves) |
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| Issue agreed order, RH/RM. All Agree |
| |
| Item 31. |
Docket No. 2001-1425-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Stubbs Petroleum Co., Inc.
in Polk 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. (Susan Kelly, Laurie Eaves) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 32. |
Docket No. 2002-0015-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Stampede Fuels, 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. (Sarah
Slocum, Laurie Eaves) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 33. |
Docket No. 2001-1488-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Republic Waste Services of Texas, Ltd. in Tom
Green County; Petroleum Storage Tank Facility ID No. 55961; 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, Laurie Eaves) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 34. |
Docket No. 2001-0377-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Gene Harris Petroleum, Inc.
dba Quickway #13 in Tarrant County; Petroleum Storage Tank Facility ID No.
0036220; for petroleum storage tank violations pursuant to Tex. Health & Safety Code
ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Wendy Cooper, Laurie Eaves) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 35. |
Docket No. 2001-0902-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Bobby Cunningham d.b.a. Littlefield Butane Co.
and Bobby Cunningham d.b.a. 66 Butane & Fertilizer Co. in Lamb and Hale
Counties; Petroleum Storage Tank Facility ID Nos. 2137 and 4081; for petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Elnora Moses, Laurie Eaves) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 36. |
Docket No. 2001-1185-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Exxon Mobil Corporation
dba Exxon R/S 6-2007 in Bexar County; Petroleum Storage Tank Facility ID No.
0045974; 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, Laurie Eaves) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 37. |
Docket No. 2001-1122-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Exxon Mobil Corporation in Bexar County;
Petroleum Storage Tank Facility ID No. 0060314; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Suzanne Walrath, Laurie Eaves) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 38. |
Docket No. 2001-1323-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Sharon K. Melancon dba
Elsie M's Grocery in Orange County; Petroleum Storage Tank Facility ID No.
0022571; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7
and 26 and the rules of the Texas Natural Resource Conservation Commission.
(Susan Kelly, Laurie Eaves) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 39. |
Docket No. 2001-1280-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Min Jae Lee dba Coastal
Gas Mart in Harris County; Petroleum Storage Tank Facility ID. No. 0049867; 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. (Catherine Sherman, Laurie Eaves) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 40. |
Docket No. 2002-0160-PST-E. Consideration of an Agreed Order assessing
administrative penalties against J. H. Jones Oil Company, Inc., of Silsbee, TX in
Hardin County; TNRCC Facility 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. (Susan Kelly, Laurie Eaves) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 41. |
Docket No. 2001-1376-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Detar Hospital, LLC in Victoria County; Petroleum
Storage Tank Facility ID Nos. 37538 and 64349; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Edward R. Moderow, Laurie Eaves) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER |
|
| Item 42. |
Docket No. 2000-0821-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Jose G. Quintanilla dba San
Perlita Food Store in Willacy County; TNRCC ID No. 26904; 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. (Edward C. Wesley) |
|
| Continued to the August 21, 2002 Agenda |
| |
| |
PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS |
|
| Item 43. |
Docket No. 2001-0983-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Jayton in Kent
County; Public Water Supply ID No. 1320001; 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, Laurie Eaves) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 44. |
Docket No. 2001-1150-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Larry O'Neill dba Lazy
Acres Mobile Home Park in Bexar County; Public Water Supply ID No. 0150186;
for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341
and the rules of the Texas Natural Resource Conservation Commission. (J. Craig
Fleming, Laurie Eaves) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 45. |
Docket No. 2001-0940-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Doris Higgins dba Two
Pines Mobile Home Park in Harrison County; Public Water Supply ID No.
1020085; for drinking water quality violations pursuant to Tex. Health & Safety Code
ch. 341 and the rules of the Texas Natural Resource Conservation Commission.
(Carolyn V. Lind, Laurie Eaves) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 46. |
Docket No. 2001-1507-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jim Kelly's Ice Tee, L.L.C.
dba Mulligan's in Harris County; Public Water Supply No. 1013000; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Natural Resource Conservation Commission. (Kimberly McGuire,
Laurie Eaves) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 47. |
Docket No. 2000-0588-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Kent Thomas dba Longhorn Resort in Llano
County; TNRCC ID No. 1500093; 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. (Richard S. O'Connell) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
PUBLIC WATER SUPPLY EMERGENCY ORDER |
|
| Item 48. |
Docket No. 2002-0905-PWS-E. Consideration of an Emergency Order requiring
Robert Jon Leiman and QMS Environmental Corporation to hire a certified
operator and to provide a continuous and adequate water supply at the Sunilandings
subdivision public water system in Calhoun County; TNRCC PWS ID No. 0290056;
for public water system violations pursuant to Tex. Water Code chs. 5 and 13 and the
rules of the Texas Natural Resource Conservation Commission. (Lisa Lemanczyk) |
|
| Remanded to Executive Director |
|
|
PUBLIC WATER SUPPLY ENFORCEMENT TO AFFIRM, MODIFY OR SET
ASIDE AND EMERGENCY ORDER |
|
| Item 49. |
Docket No. 2002-0914-PWS-E. Consideration of whether to affirm, modify or set
aside an Emergency Order assessing administrative penalties and requiring certain
actions of Dorothy Howard Upton dba Howard & Sons Water Company in
Grayson County; TNRCC PWS ID No. 0910023; for public water system violations
pursuant to chs. 7 and 13 of the Texas Water Code, and the rules of the Texas Natural
Resource Conservation Commission. (Elisa Roberts) |
|
| Affirm, with modification, RH/KW. All Agree |
| |
|
WASTEWATER OPERATOR CERTIFICATION ENFORCEMENT AGREED
ORDER |
|
| Item 50. |
Docket No. 2001-0385-WOC-E. Consideration of an Agreed Order requiring certain
actions of Charles Jackson, Jr. in Harris County; TNRCC ID No. 451873805; for
Wastewater Operator Certification violations pursuant to chs. 7, 26 and 37 of the Tex.
Water Code, and the rules of the Texas Natural Resource Conservation Commission.
(Richard S. O'Connell) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| |
RULES |
|
| Item 51. |
Docket No. 2002-0323-RUL. Consideration for adoption of the following new,
amended, and repealed sections of 30 TAC Chapter 312, Sludge Use, Disposal, and
Transportation, Subchapter A, General Provisions. |
|
|
Repeals: Sections 312.4, 312.10 - 312.12 |
|
New: Sections 312.4, 312.10 - 312.12 |
|
Amendment: Section 312.13 |
|
|
The adoption would implement House Bill 2912, Section 9.05, which requires that
Class B sewage sludge only be land applied at permitted (as opposed to registered)
facilities after September 1, 2003. Based on the legislation, a fee schedule for
applications and certain requirements for the permits are required. Not related to this
legislative implementation, the rulemaking also covers: allowing the executive
director to deny notice of intent for marketing and distributing, storing, or land
applying Class A sewage sludge; handling of fees for permitted facilities; and
requiring more stringent soil-sampling criteria for sites to be registered or permitted.
The proposed rule revisions were published in the April 26, 2002 issue of the Texas
Register (27 TexReg 3513). (Shanker Tangirala, Guy Henry, Joseph Thomas) (Rule
Log No. 2001-083-312-WT) |
|
| Adopt new, amended and repealed sections of 30 TAC Chapter 312, RH/KW. All Agree |
| |
| Item 52. |
Docket No. 2002-0354-RUL. Consideration for adoption of the following new,
amended, and repealed sections of 30 TAC Chapter 293, Water Districts; and 30
TAC Chapter 294, Groundwater Management Areas: |
|
|
Chapter 293 |
|
Amended: Subchapter B, Creation of Water Districts, Section 293.12 |
|
Amended: Subchapter L, Dissolution of Districts, Sections 293.131 and 293.132 |
|
New: Subchapter C, Special Requirements for Groundwater Conservation Districts,
Sections 293.17 - 293.23 |
|
Repeal: Subchapter B, Creation of Water Districts, Section 293.16 |
|
Repeal: Subchapter C, Creation of Groundwater Conservation Districts in Priority
Groundwater Management Areas, Section 293.21 |
|
Repeal: Subchapter D, Appointment of Directors, Sections 293.36 and 293.37 |
|
Repeal: Subchapter L, Dissolution of Districts, Section 293.137 |
|
|
Chapter 294 |
|
New: Subchapter D, Priority Groundwater Management Areas, Section 294.30 |
|
New: Subchapter E, Designation of Priority Groundwater Management Areas, Section
294.39 |
|
Amended: Subchapter E, Designation of Priority Groundwater Management Areas,
Sections 294.40 - 294.44 |
|
Repeal: Subchapter C, Designation of Groundwater Management Areas, Sections
294.21 - 294.25 |
|
Repeal: Subchapter D, Priority Groundwater Management Areas, Sections 294.30 and
294.34 |
|
|
The adopted changes implement 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 2,
77th Legislature, 2001. Article 2 of SB 2 amended Texas Water Code (TWC),
Chapters 35 and 36 relating to priority groundwater management areas (PGMAs),
groundwater management areas (GMAs), and groundwater conservation districts
(GCDs). In Chapter 293, existing Subchapter C is repealed and replaced; other
statutorily-mandated changes are also adopted. Chapter 294 changes repeal
Subchapter C reflecting transfer of jurisdiction to designate GMAs to the Texas Water
Development Board and streamline the PGMA designation process per SB 2. The
proposals to revise Chapters 293 and 294 were published in the May 10, 2002 issue of
the Texas Register (27 TexReg 3939, 3953). (Steve Musick, Kelly Mills, Robin Smith,
Auburn Mitchell) (Rule Log No. 2001-094-294-WT) |
|
| Adopt new, amended and repealed sections of 30 TAC Chapter 293, RM/RH. All Agree |
| |
| Item 53. |
Docket No. 2002-0178-RUL. Consideration for adoption of the following amended
section of 30 TAC Chapter 330, Municipal Solid Waste: |
|
|
Amended Section 330.4 - Permit Required |
|
|
The adopted amendment to Chapter 330 will address the requirements in House Bill
2912, Article 9, Sections 9.03 and 9.04, and Article 17, Section 17.01, 77th
Legislature, 2001. Section 9.03 requires the commission to ensure solid waste
processing facilities are regulated as solid waste facilities and are not allowed to
operate unregulated as recycling facilities. Section 9.04 requires any municipal solid
waste landfill that has either stopped accepting waste, or only accepted waste due to
an emergency authorization, for a period of five years or longer, to obtain a permit
amendment before it can be reopened to accept waste again. Section 17.01 allows
veterinarians to dispose of animal remains by burial and/or burning under limited
circumstances. The proposal was published for comment in the March 29, 2002 issue
of the Texas Register (27 TexReg 2412). (Michael Bame, John Williams, Todd
Galiga, Michael Linder, Wayne Lee) (Rule Log No. 2001-082-330-WS) |
| |
| Continued to August 21, 2002 |
| |
| Item 54. |
Docket No. 2001-1416-RUL. Consideration for adoption of the following new and
amended sections of 30 TAC Chapter 285, On-Site Sewage Facilities: |
|
|
Amended |
|
Section 285.10 - Delegation to Authorized Agents |
|
Section 285.12 - Review of Locally Administered Programs |
|
Section 285.33 - Criteria for Effluent Disposal Systems |
|
|
New |
|
Section 285.13 - Revocation of Authorized Agent Delegation |
|
Section 285.14 - Charge-back Fee |
|
|
These adopted new and amended sections will incorporate the charge-back fee
provisions from House Bill 2912, Section 3.09, 77th Legislature, 2001; will more
clearly define the process the executive director will follow when reviewing and
revoking an authorized agent's delegated authority; and will add language to the rule
that allows tire chips up to three inches as measured at their greatest dimension to be
used as media in standard absorptive drainfields. The proposed rules were published
in the March 29, 2002 issue of the Texas Register (27 TexReg 2403). (Kathy Brown,
Kathy Ramirez, Warren Samuelson) (Rule Log No. 2001-101-285-WT) |
|
| Adopt new and amended sections of 30 TAC Chapter 285, with changes as recommended, RH/KW.
All Agree |
|
| |
EXECUTIVE SESSION |
|
| Item 55. |
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. |
|
| Commission met in Executive Session, no action taken |
|
| Item 56. |
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. |
|
| Commission met in Executive Session, no action taken |
|
| Item 57. |
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. |
|
| Commission met in Executive Session, 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. |