| |
HEARING REQUESTS |
| |
| Item 1. |
Docket No. 2002-0915-AIR. Consideration of application by CB & I Constructors,
Inc. for amendment of Permit No. 34184 to authorize increased production at metal
vessel and storage tank fabrication facilities and to incorporate an abrasive cleaning
facility currently authorized under Permit by Rule. The site is located at 8900
Fairbanks North Houston Road, in Houston, Harris County. The Commission will
also consider requests for hearing or reconsideration, related responses and replies,
public comment, and the Executive Director's Response to Comments. (Craig
Richardson/Christopher Brown) |
|
| Adopt Executive Director's Response to Comments, deny hearing request, and issue ammendment.
RM/RH; all agree. |
| |
| Item 2. |
Docket No. 2002-0916-AIR. Consideration of application by Eastman Chemical
Company for renewal of Air Quality Permit No. 8539 to authorize the continued
operation of its Hydrocarbon Cracking Plant #4. The plant site is located at the
intersection of Hwy 149 and Kodak Blvd. in Longview, Harrison 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. (Kate Hauer/Garrett Arthur) |
|
| Deny hearing requests, adopt Executive Director's Response to Comments, and issue permit renewal.
RM/RH; all agree. |
| |
| Item 3. |
Docket No. 2002-0410-WR. Consideration of the application by Richard B. Collins,
Stephen Randall Collins, Charles Richard Collins, Ronald Brooks Collins, Robin
Rachel Collins, Leigh Ann Allen Larsen, and Kathryn E. Allen Roller for a Water
Use Permit, Application No. 5579. The Collins are seeking authorization to divert
and use no more than 1,266 acre-feet of water per year from two (2) diversion points
on an unnamed tributary of Porters Creek, tributary of West Mustang Creek, tributary
of Mustang Creek, tributary of the Navidad River, tributary of the Lavaca River. The
water would be used to irrigate 336 acres of land within two tracts totaling 1,244.75
acres of land in the Mary Flear Survey, Abstract No. 152, located approximately
twenty-two (22) miles northwest of Louise, in Wharton County, Texas. The Collins
are also seeking authorization to use the bed and banks of the unnamed tributaries of
Porters Creek to convey groundwater to the two proposed diversion points. Proposed
diversion point No. 1 is located 4,780 feet from the southwest corner of the Mary
Flear Survey. Proposed diversion point No. 2 is located 5,840 feet from the southwest
corner of the Mary Flear Survey. The Commission will consider hearing requests and
any responses and replies as well as issuance of the Water Use Permit. (Kathy
Brown/Kathy Hopkins) |
|
| Continued to September 13, 2002. |
|
|
AGRICULTURAL ENFORCEMENT AGREED ORDER |
| |
| Item 4. |
Docket No. 2002-0002-AGR-E. Consideration of an Agreed Order assessing
administrative penalties against Dar Anderson dba Anderson Dairy in Erath
County; Texas Pollutant Discharge Elimination Discharge System Permit No. 03279;
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, Erika
Fair) |
|
| Approve Agreed Order. RH/RM; all agree |
| |
| |
AIR QUALITY ENFORCEMENT AGREED ORDERS |
| |
| Item 5. |
Docket No. 2001-0724-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Four G Asphalt, Inc. dba Big Buck Asphalt, Inc. in
Webb County; TNRCC Air Account No. 90-2593-E; TNRCC Air Quality Permit No.
2593B; 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. (Robin Chapman) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 6. |
Docket No. 2002-0249-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Leggett & Platt, Incorporated in Washington
County; Air Account No. WD-0023-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. (James Jackson, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 7. |
Docket No. 2000-0434-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Chevron Phillips Chemical Company LP (formerly
Phillips Petroleum Company) in Harris County; Air Account No. HG-0566-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.
(Trina Grieco, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 8. |
Docket No. 2002-0081-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against EnerVest Operating, LLC. in Hemphill County;
Air Account Nos. HL-0048-H, HL-0052-Q, HL-0051-S, and HL-0054-M; 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. (J.
Craig Fleming, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
|
| Item 9. |
Docket No. 2001-1510-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Molded Fiber Glass Companies Texas LP in Cooke
County; Air Account No. CV-0123-V; 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, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 10. |
Docket No. 2001-1104-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of The Lubrizol Corporation
in Harris County; Air Account No. HG-0459-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. (Trina Grieco, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 11. |
Docket No. 2001-0337-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Holcim (Texas) Limited
Partnership in Ellis County; Air Account No. ED-0099-J; for air quality violations
pursuant to Tex. Health & Safety Code chs. 341 and 382, Tex. Water Code chs. 7 and
26, and the rules of the Texas Natural Resource Conservation Commission. (Miriam
Hall, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
|
|
AIR QUALITY ENFORCEMENT DEFAULT ORDERS |
| |
| Item 12. |
Docket No. 2000-1262-AIR-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Raul Dominguez dba RADO
Import/Export Company in Cameron County; TNRCC Air Account No.
CD-3060-J; 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. (Robin Chapman) |
|
| Approve Default Order. KW/RH; all agree. |
| |
| Item 13. |
Docket No. 2001-1330-AIR-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Mike Barnett dba Mike's
Lawn Care in Hood County; TNRCC Air Account No. HQ-0124-H; for air quality
and municipal solid waste violations pursuant to the Texas Clean Air Act, ch. 382 of
the Tex. Health & Safety Code, the Texas Solid Waste Disposal Act, ch. 361 of the
Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas
Natural Resource Conservation Commission. (Robin Chapman) |
|
| Approve Default Order. KW/RH; all agree. |
| |
|
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS |
| |
| Item 14. |
Docket No. 2001-0572-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Trelson Corporation in
Bexar County; TNRCC ID No. 37923; for industrial and hazardous waste violations
pursuant to the Texas Solid Waste Disposal Act, ch. 361 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. (Robin Chapman) |
|
| Approve Agreed Order. RH/KW; all agree. |
|
| Item 15. |
Docket No. 2002-0004-IHW-E. Consideration of an Agreed Order assessing
administrative penalties against General Cable Industries, Inc. in Collin County;
Solid Waste Registration No. 30403; 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. (J. Craig Fleming, Erika
Fair) |
|
| Approve Agreed Order. RH/KW; all agree. |
|
| Item 16. |
Docket No. 2001-1436-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jefferson Highway
Investments, L.L.C. in Potter County; TNRCC Solid Waste Registration No.
73580; 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. (Ronnie Kramer, Erika Fair) |
|
| Approve Agreed Order. RH/KW; all agree. |
|
| Item 17. |
Docket No. 2001-0916-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Varco, L.P. dba Tuboscope
Vetco International, Inc. in Harris County; Solid Waste Registration No. 36115;
for industrial & hazardous violations pursuant to Tex. Health & Safety Code chs. 361
and 370, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Kevin Keyser, Erika Fair) |
|
| Approve Agreed Order. RH/KW; all agree. |
| |
|
IRRIGATOR ENFORCEMENT DEFAULT ORDER |
| |
| Item 18. |
Docket No. 2001-0673-IRR-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Troy Valderrama dba Done
Right Landscaping in El Paso County; TNRCC ID: None; for landscape irrigator
installer violations pursuant to chs. 7 and 34 of the Texas Water Code and the rules of
the Texas Natural Resource Conservation Commission. (Robin Chapman) |
|
| Approve Default Order. RM/RH; all agree. |
| |
|
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER |
| |
| Item 19. |
Docket No. 2002-0086-IWD-E. Consideration of an Agreed Order assessing
administrative penalties against Fort Worth Grain Company, Inc. dba Alliance
Grain Cooperative, Inc. in Hill County; TNRCC ID No. None; for water quality
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (James A. Jackson, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
|
MULTI-MEDIA ENFORCEMENT AGREED ORDER |
| |
| Item 20. |
Docket No. 2001-1328-MLM-E. Consideration of an Agreed Order assessing
administrative penalties against C & R Distributing, Inc. in El Paso County; Air
Account No. EE-0432-K and Petroleum Storage Tank Facility ID No. 19720; for air
quality and 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. (Kevin Smith, Erika Fair) |
|
| Approve Agreed Order. RH/RM; all agree. |
| |
| |
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER |
| |
| Item 21. |
Docket No. 2001-1342-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Alvin Oien, Jr. in Denton
County; Municipal Solid Waste Permit 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. (Cheryl
Thompson, Erika Fair) |
|
| Approve Agreed Order. RM/KW; all agree. |
|
|
MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER |
| |
| Item 22. |
Docket No. 2000-1311-MSW-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Touche International, Inc.
in Grayson County; TNRCC ID Nos. 79557 and 27079; for municipal solid waste
violations pursuant to the Texas Solid Waste Disposal Act, Ch. 361 of the Tex. Health
& Safety Code, and the rules of the Texas Natural Resource Conservation
Commission. (Robin Chapman) |
|
| Approve Default Order. RH/KW; all agree. |
| |
|
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER |
| |
| Item 23. |
Docket No. 2000-0728-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of James F. Lunsford dba
Fairview Joint Venture in Collin County; TNRCC ID No. 13806-001; 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. (Robin Chapman) |
|
| Approve Agreed Order. RM/RH; all agree. |
|
|
MUNICIPAL WASTE DISCHARGE ENFORCEMENT DEFAULT ORDERS |
| |
| Item 24. |
Docket No. 2001-0454-MWD-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Chad Houck dba Rafter H
Cattle Company in Clay County; TNRCC ID No. None; 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. (Robin Chapman) |
|
| Approve Default Order. RM/KW; all agree. |
| |
| Item 25. |
Docket No. 2001-0311-MWD-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of NYTA Enterprises Inc. in
Harris County; TNRCC Water Quality Permit No. 12428-001; 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. (Robin Chapman) |
|
| Approve Default Order. RM/KW; all agree. |
|
|
ON SITE SEWAGE FACILITY ENFORCEMENT DEFAULT ORDER |
| |
| Item 26. |
Docket No. 1999-1390-OSS-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Mr. John Randall Hunt aka
Randy Jo Hunt dba Hunt Utility Company in Walker and San Jacinto Counties;
TNRCC ID No. OS2936; 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. (Robin Chapman) |
|
| Approve Default Order. RH/RM; all agree. |
| |
| |
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
| |
| Item 27. |
Docket No. 2001-1350-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Texaco Inc. in Harris
County; Petroleum Storage Tank Facility ID No. 0048009; for petroleum storage tank
violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and
26, and the rules of the Texas Natural Resource Conservation Commission. (Kevin
Keyser, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 28. |
Docket No. 2001-1404-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Olmos Construction, Inc. in Bexar County;
Petroleum Storage Tank Facility ID No. 0018581 and Leaking Petroleum Storage
Tank No. 115235; for petroleum storage tank violations pursuant to Tex. Water Code
chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission.
(Rebecca Clausewitz, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 29. |
Docket No. 2001-1359-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Sajjad Pasha dba King
Food Citgo in Harris County; Petroleum Storage Tank Facility ID No. 0018106; 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,
Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 30. |
Docket No. 2001-0802-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Ideal Gas, Inc. and Ideal Gas, Inc. dba M & M
Grocery in Hockley and Cochran Counties; TNRCC Petroleum Storage Tank
Facility ID Nos. 58526 and 19912 ; 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, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 31. |
Docket No. 2001-0855-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Highland Village Car Care,
Inc. in Harris County; Petroleum Storage Tank Facility ID No. 0035472; 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 Albrecht,
Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
|
| Item 32. |
Docket No. 2002-0130-PST-E. Consideration of an Agreed Order assessing
administrative penalties against H & H Oil Co Inc. in Ellis County; Petroleum
Storage Tank 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. (Cheryl Thompson, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 33. |
Docket No. 2001-1322-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Craft Oil Company in Orange County; Petroleum
Storage Tank 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, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 34. |
Docket No. 2001-1423-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Ayres Oil, Inc. in Wichita 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. (Todd
Huddleson, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 35. |
Docket No. 2000-0007-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jabe Energy Company dba
Meyerland Shell in Harris County; TNRCC PST Facility ID No. 0023081; 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. (Alfred
Okpohworho) |
|
| Approve Agreed Order. RM/RH; all agree. |
|
|
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS |
| Item 36. |
Docket No. 2001-0954-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Mahmood Jaffer Ali dba
JR's Grocery in Harris County; TNRCC PST ID No. 0016165; 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. (Alfred Okpohworho) |
|
| Re-posted as Item 64. |
| |
| Item 37. |
Docket No. 2001-0944-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Stafaz Corporation dba
Gonzales Diamond Shamrock in Gonzales County; TNRCC PST Facility ID No.
9407; 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.
(Alfred Okpohworho) |
|
| Approve Default Order. RH/KW; all agree. |
| |
| Item 38. |
Docket No. 2001-0945-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Zana Realty Investments,
Inc., dba C & B One Stops, dba Cantu's Texaco, dba Courtesy Mart, and dba J
& C Mobil in San Patricio, Harris, and Fort Bend Counties; TNRCC PST ID Nos.
19981, 55731, 17142, and 14941; 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. (Alfred Okpohworho) |
|
| Approve Default Order. RH/KW; all agree. |
|
| Item 39. |
Docket No. 2001-1064-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Lockwood Enterprises, Inc.
dba Lockwood Fuel Stop in Harris County; TNRCC PST ID No. 0030581; for
petroleum storage tank violations pursuant to 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. (Alfred Okpohworho) |
|
| Approve Default Order. RH/KW; all agree. |
| |
| Item 40. |
Docket No. 2000-0834-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Bennard Rowland dba
Rowland Dusters in Willacy County; TNRCC PST ID No. 15260; 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. (Alfred Okpohworho) |
|
| Remanded to the ED. |
| |
| Item 41. |
Docket No. 2001-0131-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Arsalita Investment, Inc.
dba San Pedro Grocery in Bexar County; TNRCC PST ID No. 10032; 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. (Alfred
Okpohworho) |
|
| Approve Default Order. RH/KW; all agree. |
| |
| Item 42. |
Docket No. 2001-1258-PST-E. Consideration of a Default Order assessing
administrative penalties against Patriot Petroleum, Inc. in Bexar County; TNRCC
ID No. None; 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. (Alfred Okpohworho) |
|
| Approve Default Order. RH/KW; all agree. |
| |
| |
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
| |
| Item 43. |
Docket No. 2001-0036-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Dorothy Rolater and Athalea Lane, as Co-Trustees
of Boyd Living Trust dba Boyd Acres Water System in Denton County; TNRCC
ID No. 0610051; 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. (Alfred Okpohworho) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 44. |
Docket No. 2001-1472-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Katy Family YMCA in Fort Bend County; TNRCC
ID No. 0790348; 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. (Alfred Okpohworho) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 45. |
Docket No. 2002-0019-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Brotherton Water Supply
Corporation in Fannin County; Public Water Supply ID No. 0740020 and
Certificate of Convenience and Necessity No. 10154; 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. (Alayne
Furgurson, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
|
| |
| Item 46. |
Docket No. 2001-1283-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Wayne Chadick dba A & A
Longhorn Trailer Park in Potter County; Public Water Supply No. 1880036; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain,
Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 47. |
Docket No. 2001-1316-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Santa Rosa in
Cameron County; Public Water Supply ID No. 0310009; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Sandra Hernandez Alanis, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 48. |
Docket No. 2002-0057-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of ICA GP, LLC dba Airline
Mobile Home Park in Midland County; Public Water Supply ID No. 1650003; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (Dan
Landenberger, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 49. |
Docket No. 2001-1478-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Harbor Seafood, Inc. in Galveston County; Public
Water Supply No. 0840234; for drinking water quality violations pursuant to Tex.
Health & Safety Code ch. 341 and the rules of the Texas Natural Resource
Conservation Commission. (John Schildwachter, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 50. |
Docket No. 2001-1493-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Steve Laughlin dba Floore's Country Store in
Bexar County; Public Water Supply No. 0150347; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Chris Friesenhahn, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
| |
| Item 51. |
Docket No. 2001-1364-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Julian Kubeczka dba Fairway Mobile Home
Village in Harris County; Public Water Supply No. 1010795; for drinking water
quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the
Texas Natural Resource Conservation Commission. (Chris Friesenhahn, Erika Fair) |
|
| Approve Agreed Order. RM/RH; all agree. |
|
|
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER |
| |
| Item 52. |
Docket No. 2001-1193-PWS-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Mitchell and Alvin Kidd
dba Old West Mobile Home Park in Randall County; TNRCC PWS ID No.
1910045; 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. (Alfred Okpohworho) |
|
| Remanded to the ED. |
|
|
AFFIRM, MODIFY, OR SET ASIDE EMERGENCY ORDER |
|
| Item 53. |
Docket No. 2002-0980-PWS-E. Consideration of whether to affirm, modify, or set
aside an Emergency Order issued on July 26, 2002 against Robert Jon Leiman and
QMS Environmental Corporation appointing a temporary manager to ensure the
continued operations of the wastewater treatment plant and public water system at the
Sunilandings subdivision in Calhoun County; TNRCC PWS ID No. 0290056; CCN
No. 12525; TNRCC ID Nos. WQ 12653-001 (expired), and 4278-001 (pending); for
public water system and industrial and hazardous waste violations pursuant to Tex.
Health & Safety Code ch. 361, Tex. Water Code chs. 5, 13, and 26, and the rules of
the Texas Natural Resource Conservation Commission. (Lisa Lemanczyk) |
|
| Move to affirm the order. RH/KW; all agree. |
| |
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SUPERFUND |
| |
| Item 54. |
Docket No. 2002-0992-SPF. Consideration of an Agreed Administrative Order to
conduct a remedial investigation and feasibility study at the Force Road and
Vacuum Truck Company State Superfund Site located southeast of Arcola and
northwest of the city of Iowa Colony at 1722 County Road 573 in Brazoria County,
Texas. (Dwight Martin/Alonzo Arredondo) |
|
| Approve Agreed Administrative Order. RM/RH; all agree. |
|
|
DISSOLUTION OF DISTRICT |
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| Item 55. |
Docket No. 2002-0293-DIS. Consideration of a Proposed Order Approving the
petition of 640 Clay, Ltd., a landowner (Petitioner), for dissolution of Harris County
Municipal Utility District No. 288 (District). The Petitioner requests the
Commission dissolve the District pursuant to Texas Water Code, Sections 49.321 to
49.327. (TNRCC Internal Control No. 02112002-D03; Rob Cummins) |
|
| Approve Order Approving the Petition. RH/KW; all agree. |
| |
|
RULE MATTERS |
| |
| Item 56. |
Docket No. 2002-0501-RUL. Consideration for adoption of the following amended
sections of 30 TAC Chapter 305, Consolidated Permits, and 30 TAC Chapter 331,
Underground Injection Control: |
|
|
Amended Section 305.64 |
|
Amended Section 331.1 |
|
|
The revision to Chapter 305 will conform commission policy to House Bill (HB)
2912, Section 1.26, 77th Legislature, 2001, which amended Texas Water Code
(TWC), Section 26.003 to change state policy to provide that the commission take into
consideration the economic development of the state in maintaining water quality in
the state. The revision to Chapter 331 will conform commission policy to HB 2912,
Section 1.27, which amended TWC, Section 27.003 to change state policy to provide
that the commission take into consideration the economic development of the state
when maintaining the quality of fresh water in the state. The proposed rules were
published for comment in the June 7, 2002 issue of the Texas Register (27 TexReg
4913, 4915) (Debra Barber, Frank Fuller, Richard Egan) (Rule Log No.
2002-045-305-WT) |
|
| Approve staff recommendations. RH/KM; all agree. |
|
| Item 57. |
Docket No. 2002-0327-RUL. Consideration for adoption of the following new
sections of 30 TAC Chapter 25, Environmental Testing Laboratory Accreditation and
Certification: |
|
|
Subchapter A, General Provisions, Sections 25.1, 25.2, 25.4, 25.6 and 25.8;
Subchapter B, Environmental Testing Laboratory Accreditation, Sections 25.9, 25.10,
25.12, 25.14, 25.16, 25.18, 25.20, 25.22, 25.24, 25.26, 25.30, 25.32, 25.34, 25.36, and
25.38; and Subchapter C, Environmental Testing Laboratory Certification, Sections
25.50, 25.52, 25.54, 25.56, 25.58, 25.60, 25.62, 25.64, 25.66, 25.68, 25.70, 25.74,
25.76, and 25.78. |
|
|
The adopted rules will create a new regulatory program and new fees for
environmental testing laboratories providing data to the commission and continue,
with certain changes, the existing drinking water laboratory certification program that
was transferred to the commission from the Texas Department of Health during the
77th Legislative Session, 2001. These adopted rules will require commercial
laboratories, laboratories doing fee-for-service work, and laboratories providing pro
bono data to the commission to become accredited and pay fees. However, as allowed
by House Bill (HB) 2912, 77th Legislature, 2001, the commission may accept data
from unaccredited, in-house labs if they are inspected periodically. While the adopted
rules will require commercial laboratories, laboratories doing fee-for-service work,
and laboratories providing pro bono data to the commission to follow National
Environmental Laboratory Accreditation Conference (NELAC) standards, in-house
laboratory inspections would be conducted according to permit conditions or other
commission authorizations rather than applicable NELAC standards. These adopted
rules will implement HB 2912, Section 1.12, Article 6, Section 18.02 and Section
18.03. The proposed rules were published in the May 10, 2002 issue of the Texas
Register (27 TexReg 3916). (Mike Blinn, Kathy Brown, Steve Stubbs, Kathy
Ramirez) (Rule Log No. 2001-078-025-AD) |
|
| Approve staff recommendations. RH/KW; all agree. |
| |
| Item 58. |
Docket No. 2002-0324-RUL. Consideration for adoption of amended Sections
116.10, 116.111, 116.311, 116.615, 116.711, and 116.715 and new Sections 116.315,
116.778, 116.803, and 116.919 of 30 TAC Chapter 116, Control of Air Pollution by
Permits for New Construction or Modification, and corresponding revisions to the
state implementation plan (SIP). |
|
|
The rulemaking will require that emissions from dockside vessels resulting from
operations at land-based facilities be included in new source review permits; clarify
permit renewal application content requirements; implement the provision of House
Bill (HB) 3040, 77th Legislature, 2001 by prohibiting the commission from
considering effects of non-criteria pollutants over coastal waters for shipyards when
issuing a permit; and implement portions of HB 2912, 77th Legislature, 2001
regarding new compliance history evaluation requirements for permit renewals. The
proposed revisions concerning the optional permitting of routine maintenance,
start-up, and shutdown are not being submitted for adoption. The proposed rules were
published in the May 24, 2002 issue of the Texas Register (27 TexReg 4526).
(Beecher Cameron, Janis Hudson, Jill Burditt) (Rule Log No. 2001-043-116-AI) |
|
| Approve staff recommendations. RM/KW; all agree. |
| |
| Item 59. |
Docket No. 2002-0274-RUL. Consideration for adoption of amended Section 101.1;
repealed Sections 101.6, 101.7, 101.11, 101.12, and 101.15 - 101.17; and new
Sections 101.201, 101.211, 101.221 - 101.224, and 101.231 - 101.233 of 30 TAC
Chapter 101, General Air Quality Rules; and corresponding revisions to the state
implementation plan. This adoption would implement House Bill 2912, Sections 5.01
and 18.14, 77th Legislature, 2001, concerning emissions events; and partially reformat
Chapter 101 by creating new Subchapter F, concerning Emissions Events and
Scheduled Maintenance, Startup, and Shutdown Activities. The proposed rules were
published in the April 26, 2002 issue of the Texas Register (27 TexReg 3475). (Troy
Dalton, 239-1541, Alan Henderson 239-1510) (Rule Log No. 2001-075-101-AI) |
|
| Approve staff recommendations. RH/RM; all agree. |
| |
| Item 60. |
Docket No. 2002-0260-RUL. Consideration for adoption of the following to 30
TAC: repeal of Chapter 220, Regional Assessments of Water Quality, Subchapter
A, Program for Monitoring and Assessment of Water Quality by Watershed and River
Basin, Sections 220.1 - 220.7, and Subchapter B, Program for Water Quality
Assessment Fees, Sections 220.21 and 220.22; repeal of Chapter 305, Consolidated
Permits, Subchapter M, Waste Treatment Inspection Fee Program, Sections 305.501 -
305.507; new Chapter 21, Water Quality Fees, Sections 21.1 - 21.4; and new Chapter
220, Regional Assessments of Water Quality, Sections 220.1 - 220.8. |
|
|
The adopted rules would establish a new methodology for assessing fees as directed
by House Bill 2912, Sections 3.04 - 3.06, 77th Legislature, 2001, which replaced the
existing water quality assessment fee and the waste treatment fee with a new fee. The
proposed rules were published in the April 26, 2002 issue of the Texas Register (27
TexReg 3459). (Chris Hayden, Cory Horan, Debi Dyer) (Rule Log No.
2001-098-220-WT) |
|
| Continued to September 13, 2002. |
|
|
EXECUTIVE SESSION |
|
| Item 61. |
Docket No. 1998-1154-EXE. The Commission will meet in closed session to
deliberate the resignation and replacement 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 62. |
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. |
|
| The Commissioners did not meet. |
|
| Item 63. |
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. |
|
| The Commissioners did not meet. |
|
|
(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. |