AGENDA

Wednesday, November 6, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

8:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 1. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Commission did not meet in Executive Session
Item 2. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, AS PERMITTED BY Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. The Commission may also meet in open session to take action on a legal or personnel matters considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Commission did not meet in Executive Session
Item 3. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TCEQ 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 did not meet in Executive Session


OLD BUSINESS AGENDA

Wednesday, November 6, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item carried forward from Agenda of October 23, 2002
Item 1. Docket No. 2002-0391-PST-E. Consideration of an Agreed Order assessing administrative penalties against CX Transportation, a Division of TIC United Corp. in Taylor County; TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Kimberly McGuire, Miriam Hall)
Issue agreed order, RM/RH. All Agree


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, November 6, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

HEARING REQUESTS
Item 1. Docket No. 2002-1138-MWD. Consideration of permit application # 14324-001, submitted by Walker Water Works, Inc., for a new permit (TPDES Permit No. 14324-001), to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility will be located approximately 1,000 feet northwest of the intersection of Brazoria County Road 197 and Brazoria County Road 171 in Brazoria County, Texas. The Commission will also consider any requests for reconsideration, hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Robin Smith/Zdenek Matl)
Deny request for reconsideration, and adopt Executive Directors response to comments, and grant the permit, RM/RH. All Agree
Item 2. Docket No. 2002-1143-AIR. Consideration of application by Laboratory Tops, Inc. for a new permit at an existing facility to authorize manufacturing of laboratory work surfaces previously authorized under Permit by Rule. The facility is located at 206 Allison Drive, Taylor, Williamson 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. (Orlando Vasquez/Garrett Arthur)
Continued to November 20, 2002
AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 3. Docket No. 2001-1070-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Randi L. Willis dba Willis Dairy in Comanche County; Texas Pollutant Discharge Elimination System Permit No. 03543; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Michael Limos, Kent Heath)
Issue agreed order, RH/RM. All Agree
AGRICULTURAL ENFORCEMENT DEFAULT ORDER
Item 4. Docket No. 2001-0602-AGR-E. Consideration of a Default Order assessing administrative penalties against Russell Johnson dba Russell Johnson Dairy in Hopkins County; TCEQ ID No. None; for dairy operation water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch)
Issue default order, RH/RM. All Agree
AIR ENFORCEMENT AGREED ORDERS
Item 5. Docket No. 2001-1578-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Austin in Travis County; Air Account No. TH-0004-D; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Robert Mikesh, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 6. Docket No. 2002-0428-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cantera Resources, Inc. dba Pueblo Gas Processing Plant in Eastland County; Air Account No. EA-0007-E; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (George Ortiz, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 7. Docket No. 2001-1395-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Champagne-Webber, Incorporated Texas in Ellis County; Air Account No. 92-9099-P; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Jorge Ibarra, P.E., Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 8. Docket No. 2002-0168-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dynacast Mfg. Inc. in Comal County; Air Account No. CS-0037-U; Air Permit No. 9863; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Malcolm A. Ferris, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 9. Docket No. 2002-0319-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Enduro Systems, Inc. dba Enduro Composite Inc. in Harris County; Air Account No. HG-3363-C; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Rebecca Johnson, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 10. Docket No. 2002-0084-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Frank Flores dba Lull's Public Scales and Scales Drive In in Hidalgo County; TCEQ Air Account ID No. HN-0454-Q; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Sandra Hernandez Alanis, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 11. Docket No. 2002-0582-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Silver Pines Energy Corporation in Harris County; Air Account No. HX-2915-U; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Sheila Smith, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 12. Docket No. 2001-0237-AIR-E. Consideration of an Agreed Order assessing administrative penalties against The Army and Air Force Exchange Service in El Paso County; TCEQ ID No. EE-1213-R; 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 Commission on Environmental Quality. (Shannon Strong)
Issue agreed order, RH/RM. All Agree
EDWARDS AQUIFER ENFORCEMENT AGREED ORDERS
Item 13. Docket No. 2002-0571-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against Brushy Creek Municipal Utility District in Williamson County; Edwards Aquifer Protection Program No. 00050301; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Lawrence King, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 14. Docket No. 2001-1173-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against Dean Word Company, Ltd. in Comal County; Edwards Aquifer Protection Program Project No. 1603.00; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Malcolm A. Ferris, Kent Heath)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 15. Docket No. 2002-0082-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wilford LeBlanc in Chambers County; Solid Waste Registration No. F0963; for industrial & hazardous waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Tom Jecha, Kent Heath)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL WASTE ENFORCEMENT AGREED ORDER
Item 16. Docket No. 2002-0123-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of New Millennium Homes, Inc. in Montgomery County; Texas Pollutant Discharge Elimination System Permit No. None; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Catherine Albrecht, Kent Heath)
Issue agreed order, RH/RM. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDER
Item 17. Docket No. 2001-0860-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of AGE Refining, Inc. in Bexar County; Air Account No. BG-0103-P, Air Permit No. 6113, and Petroleum Storage Tank Facility ID No. None; 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 Commission on Environmental Quality. (Malcolm A. Ferris, Kent Heath)
Issue agreed order, RH/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 18. Docket No. 2002-0242-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Pumpelly Oil, Inc. in Orange County; TCEQ Used Oil Registration No. A85722; for municipal solid waste violations pursuant to Tex. Health & Safety Code chs. 361 and 371, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Susan Kelly, Kent Heath)
See Item #55
MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER
Item 19. Docket No. 2001-1502-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Roberto Minor dba A&P Auto Services in Bell County; TCEQ MSW ID No. WA-0007; for municipal solid waste violations pursuant to 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 Commission on Environmental Quality. (Diana Grawitch)
Issue default order, RH/RM All Agree
MUNICIPAL WASTE ENFORCEMENT AGREED ORDERS
Item 20. Docket No. 2001-0074-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Dalhart in Hartley County; Water Quality Permit No. 10099-001, National Pollutant Discharge Elimination System Permit No. TX0057207, and Texas Pollutant Discharge Elimination System Permit No. 10099-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Ronnie Kramer, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 21. Docket No. 2001-0310-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Fort Bend Properties, Inc. in Harris County; Texas Pollutant Discharge Elimination System (TPDES) Permit No. 12812-001; for water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Commission on Environmental Quality. (Alfred Okpohworho)
Issue agreed order, RH/RM. All Agree
Item 22. Docket No. 2001-1311-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Runaway Bay in Wise County; Texas Pollutant Discharge Elimination System Permit No. 10862-001, Water Quality Permit No. 10862-001, and National Pollutant Discharge Elimination System Permit No. TX0026689; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Sushil Modak, Kent Heath)
Issue agreed order, RH/RM. All Agree
MUNICIPAL WASTE ENFORCEMENT DEFAULT ORDER
Item 23. Docket No. 2001-1212-MWD-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of The Windfern Corporation in Harris County; TCEQ ID No. 13509-001; for water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Commission on Environmental Quality. (Alfred Okpohworho)
Issue default order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 24. Docket No. 2002-0236-PST-E. Consideration of an Agreed Order assessing administrative penalties against CBF Holdings, Inc. dba Star Stop #3 in Taylor County; Petroleum Storage Tank Facility ID No. 0009802; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Carolyn Easley, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 25. Docket No. 2002-0038-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City Stop, Incorporated dba City Stop #21 in Cameron County; Petroleum Storage Tank Facility ID No. 15839; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Jaime Garza, Kent Heath)
Continued to November 20, 2002, RH/RM All Agree
Item 26. Docket No. 2002-0237-PST-E. Consideration of an Agreed Order assessing administrative penalties against E-Z Mart Stores, Inc. in Galveston County; Petroleum Storage Tank Facility ID No. 0010254; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Catherine Sherman, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 27. Docket No. 2002-0401-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harlingen Consolidated Independent School District in Cameron County; Petroleum Storage Tank Facility No. 54006; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Sandra Hernandez Alanis, Kent Heath)
Continued to December 4, 2002, RM/KW. All Agree
Item 28. Docket No. 2002-0388-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Brijesh Patel and Seema Patel dba Lakeside Food Mart in Houston County; Petroleum Storage Tank Facility No. 0025511; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Laura Clark, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 29. Docket No. 2002-0159-PST-E. Consideration of an Agreed Order assessing administrative penalties against Morris Moore Chevrolet - Buick, Inc. in Hardin County; Petroleum Storage Tank Facility ID No. 0031462; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Susan Kelly, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 30. Docket No. 2002-0318-PST-E. Consideration of an Agreed Order assessing administrative penalties against the City of Port Arthur in Jefferson County; Petroleum Storage Tank Facility ID No. 0074849; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Laura Clark, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 31. Docket No. 2001-1060-PST-E. Consideration of an Agreed Order assessing administrative penalties against Khalil El-Kasih dba C&D Groceries in Waller County; TCEQ ID No. 0053896; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch)
Issue agreed order, RH/RM. All Agree
Item 32. Docket No. 2001-0959-PST-E. Consideration of an Agreed Order assessing administrative penalties against Tri-Con, Inc. in Orange County; TCEQ Permit No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Susan Kelly, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 33. Docket No. 2002-0238-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Carrie Ann LeMaire dba Texas Avenue Food Store in Galveston County; Petroleum Storage Tank Facility ID No. 0034473; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Catherine Albrecht, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 34. Docket No. 2002-0305-PST-E. Consideration of an Agreed Order assessing administrative penalties against Sur Valley Transport Company dba Sur Valle Transport Company in Nueces County; TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Audra Baumgartner, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 35. Docket No. 2002-0296-PST-E. Consideration of an Agreed Order assessing administrative penalties against Nizar Varani dba Star Food Mart in Dallas County; Petroleum Storage Tank Facility ID No. 0040216; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Alayne Furgurson, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 36. Docket No. 2002-0281-PST-E. Consideration of an Agreed Order assessing administrative penalties against Antonio Lopez dba Sonora Tire Service in Sutton County; Petroleum Storage Tank Facility ID No. 32175; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Mark Newman, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 37. Docket No. 2002-0126-PST-E. Consideration of an Agreed Order assessing administrative penalties against Petro-Chemical Transport, Inc. in Dallas County; TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Subhash Jain, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 38. Docket No. 2001-1195-PST-E. Consideration of an Agreed Order assessing administrative penalties against Marsh Transportation Company in Orange County; TCEQ Permit No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Commission on Environmental Quality. (Susan Kelly, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 39. Docket No. 2002-0279-PST-E. Consideration of an Agreed Order assessing administrative penalties against Robert Ramirez dba Kings Food and Gas in Lubbock County; Petroleum Storage Tank Facility ID No. 34078; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Mark Newman, Kent Heath)
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS
Item 40. Docket No. 2002-0121-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jack Lynn Tillman Jr. dba Hinnies Bar & Grill in Palo Pinto County; Public Water Supply No. 1820072; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 41. Docket No. 2001-1314-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Meyer & Meyer Investments Inc. dba Royal Trailer Park in Scurry County; Public Water Supply No. 2080008; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Brian Lehmkuhle, Kent Heath)
Issue agreed order, RH/RM. All Agree
Item 42. Docket No. 2001-0958-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Parks and Wildlife Department in Jasper County; Public Water Supply ID No. 1210054; for drinking water quality violations pursuant to Tex. Health & Safety Code chs. 341 and 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (Susan Kelly, Kent Heath)
Issue agreed order, RH/RM. All Agree
BUDGET MATTERS
Item 43. Docket No. 2002-1069-BGT. For Commission Action pursuant to Texas Water Code Section 11.329; and 30 TAC Section 12.1; 12.3; 12.5 and 304.61- 304.63 of the Commission Rules, the Executive Director requests that the Commission consider Watermaster costs of administration for the fiscal year beginning September 1, 2002, and ending August 31, 2003, for appropriators in the South Texas Water Division, which consists of the Nueces, San Antonio, Guadalupe and Lavaca River Basins, as well as the Lavaca-Guadalupe, San Antonio-Nueces and Nueces-Rio Grande Coastal Basins, except that part of the Nueces-Rio Grande Coastal Basin in Hidalgo, Cameron, Willacy and Starr Counties, and approve $509,811 as the amount to be assessed, with the assessment per account to consist of a $50.00 base charge plus a use fee and/or a storage fee calculated from the authorized acre-feet, and a penalty of 5.0% of any delinquent fee due shall be imposed on a person who fails to pay the required fee when due and if the person fails to pay the fee within 30 days after the day which the fee is due, an additional 5.0% penalty shall be imposed. Delinquent fees will accrue interest beginning on the 61st day after their due date. The yearly interest rate on all delinquent fees required under this title is the prime rate plus one percent, as published in the Wall Street Journal on the first day of each calendar year that is not a Saturday, Sunday, or legal holiday. Penalties and/or interest fees may be waived by the Executive Director for good cause. (Al Segovia, Pat Hooper)
Approve staff recommendations, RH/RM. All Agree
Item 44. Docket No. 2002-1041-BGT. For Commission Action. Pursuant to Texas Water Code Section 11.329; and 30 TAC Section 12.1; 12.3; 12.5 and 303.71 - 303.73 of the Commission Rules, the Executive Director requests that the Commission consider Watermaster costs of administration for the fiscal year beginning September 1, 2002, and ending August 31, 2003, for appropriators in the Rio Grande Water Division, which extends from Fort Quitman, Texas to the mouth of the Rio Grande River, excluding the watersheds of the Pecos and Devils Rivers; and includes that portion of the Nueces-Rio Grande Coastal Basin lying in Hidalgo, Cameron, Willacy and Starr Counties; and approve $625,000.00 as the amount to be assessed, with the assessment per account to consist of a $50.00 base charge plus a use fee and/or a storage fee calculated from the authorized acre-feet, and a penalty of 5.0% of any delinquent fee due shall be imposed on a person who fails to pay the required fee when due and if the person fails to pay the fee within 30 days after the day which the fee is due, an additional 5.0% penalty shall be imposed. Delinquent fees will accrue interest beginning on the 61st day after their due date. The yearly interest rate on all delinquent fees required under this title is the prime rate plus one percent, as published in the Wall Street Journal on the first day of each calendar year that is not a Saturday, Sunday, or legal holiday. Penalties and/or interest fees may be waived by the Executive Director for good cause. (Carlos Rubinstein, Pat Hooper)
Approve Staff Recommendations, RH/RM. All Agree
EMERGENCY ORDER TO AFFIRM, MODIFY OR SET ASIDE
Item 45. Docket No. 2002-1204-MWD. Consideration of whether to affirm, modify or set aside an Emergency Order issued after a request by the City of Iowa Park (Iowa Park) pursuant to Texas Water Code section 5.509 and 30 Texas Administrative Code sections 35.301 - 35.303. The Executive Director granted the Emergency Order on October 9, 2002. The Order will expire 45 days after issuance. The Emergency Order allows Iowa Park to divert its wastewater flow into a temporary holding pond approximately 200' x 500' x 6' in size on city-owed property adjacent to the facility while it performs repairs to the sludge scraper mechanism in the clarifier. The Emergency Order grants a variance to any liner and buffer zone requirements and any plans and specifications approval for the temporary holding pond. Once the repairs are complete, the regular operation of the facility must resume and the contents of the temporary holding pond must be pumped back to the head of the facility for treatment. Iowa Park must then demolish the temporary holding pond and return the land to its previous use. Iowa Park is authorized to operate its wastewater treatment facility under Texas Pollutant Discharge Elimination System Permit No. 10691-002. The facility is located southwest of the City of Iowa Park, approximately 0.25 mile west of Farm-to-Market Road 368 and 1 mile north of Farm-to-Market Road 367 in Wichita County, Texas. Iowa Park sought the Emergency Order to prevent any potential discharge of untreated wastewater to an unnamed tributary, then to Buffalo Creek, then to the Wichita River below Diversion Lake in Segment No. 0214 of the Red River Basin. (Todd Burkey, Zdenek Matl)
Affirm Order, RM/RH. All Agree
RULE MATTERS
Item 46. Docket No. 2002-1172-RUL. Consideration for publication of, and hearing on, amendments to 30 TAC Chapter 20, Rulemaking, Section 20.9, Submission of Documents; and Section 20.15, Petition for Adoption of Rules; and the repeal of Section 20.19, Working Committees and Groups.
As a result of the quadrennial review of this chapter, Section 20.9 would be reworded to clarify the deadline for the submission of documents to the executive director. Section 20.15 would include an update of the agency's name. Section 20.19 would repeal the section, because the rule language is already more appropriately addressed in Chapter 5, Advisory Groups. (Debi Dyer, Jason Haas) (Rule Log No. 2002-060-020-AD)
Approve publication and hearing, RH/KW. All Agree
Item 47. Docket No. 2002-0411-RUL. Consideration for adoption of proposed amendments to Subchapter C, Volatile Organic Compound Transfer Operations, Division 2, Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities, Section 115.227; and Subchapter C, Division 4, Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities, Sections 115.240 - 115.249; of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds. The commission also adopts revisions to the state implementation plan (SIP) narrative, Stage II Vapor Recovery Program SIP Revision. The commission will submit these amended rule sections and revised SIP narrative to the United States Environmental Protection Agency (EPA) as revisions to the SIP. These amendments to Chapter 115 require more frequent testing of vapor recovery systems at gasoline dispensing facilities in lieu of adopting the California Enhanced Vapor Recovery (EVR) program rules, while continuing to maintain the federal requirement for a 95% vapor recovery rate. The amendments also require that Stage II vapor recovery systems be compatible with onboard refueling vapor recovery equipment mandated by the federal government. The proposed rules were published in the July 12, 2002 issue of the Texas Register (27 TexReg 6197). (Ashley Forbes, Alan Henderson) (Rule Log No. 2002-012-115-AI)
Adoption of proposed amendments to 30 TAC Chapter 115 and related revisions to the state implementation plan (SIP) narrative and submission of the amended rule sections and revised SIP narrative to the United State Environmental Protection Agency as revisions to the SIP. 30 TAC Chapter 115, RH/KW. All Agree
Item 48. Docket No. 2002-0781-RUL. Consideration for adoption of an amendment to 30 TAC Chapter 292, River Authorities, Subchapter A, General Provisions, Section 292.1, Objective and Scope of Rules; and addition of a name change for Chapter 292 (from "River Authorities" to "Special Requirements for Certain Districts and Authorities") to the adoption so that the name more clearly describes the entities to which the chapter applies.
The revision to Chapter 292 implements Senate Bill 2, Section 1.01, 77th Legislature, 2001, by adding 11 additional river authorities to ensure that Chapter 292 includes all the river authorities listed in Texas Water Code, Section 9.010. The proposal was published in the July 21, 2002 issue of the Texas Register (27 TexReg 6662). (Diego Abrego, Jason Haas, Joseph Thomas) (Rule Log No. 2002-053-292-WT)
Approve adoption of amendments to 30 TAC Chapter 292, RH/KW. All Agree
Item 49. Docket No. 2002-1196-RUL. Consideration for publication of proposed amended Section 9.1 and new Sections 9.10 - 9.17 of 30 TAC Chapter 9, Training for Commissioners; and amended Section 10.7 of Chapter 10, Commission Meetings.
The proposed revisions would incorporate existing language in Chapter 9 into Subchapter A, Training for Commissioners, and create a new Subchapter B, Employee Training and Education, which establishes eligibility, obligations, reimbursement, and recordkeeping and reconfirms at-will status of employees for the training and education programs at the agency. The proposed revisions would also eliminate the requirement in Chapter 10 for audio recordings of commission meetings to serve as the minutes. Instead, the meeting minutes would be prepared by the chief clerk's office, approved by general counsel, and state the subject of each deliberation and indicate each vote, order, decision, or other action taken. An audio recording of each commission open meeting would still be required. (Willie Bell, Tracey Lee Williamson, Clifton Wise) (Rule Log No. 2002-067-009-AD)
Reposted as Item #54
STATE IMPLEMENTATION PLAN MATTER
Item 50. Docket No. 2002-1236-SIP. Consideration for the proposal of, and hearing on, revisions to the state implementation plan (SIP) concerning the maintenance plan for the Victoria County ozone attainment area. This SIP proposal contains current monitoring data along with an updated emissions inventory and is reformatted to conform to the current SIP style used by the commission. (Kelly Keel, Alan Henderson) (Rule Log Number 2002-047-SIP-AI)
Approve proposal and hearing on revisions, RH/RM. All Agree
EXECUTIVE SESSION
Item 51. 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 52. 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 53. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TCEQ 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 TCEQ 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 TCEQ 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


ADDENDUM TO AGENDA

Wednesday, November 6, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 54. Docket No. 2002-1196-RUL. Consideration for publication of proposed amended Section 9.1 and new Sections 9.10 - 9.17 of 30 TAC Chapter 9, Training for Commissioners; and amended Section 10.7 of Chapter 10, Commission Meetings.
The proposed revisions to Chapter 9 would change the chapter title to "Training" and would incorporate existing language into Subchapter A, Training for Commissioners, and create a new Subchapter B, Employee Training and Education, which establishes eligibility, obligations, reimbursement, and recordkeeping and reconfirms at-will status of employees for the training and education programs at the agency. The proposed revisions would also eliminate the requirement in Chapter 10 for audio recordings of commission meetings to serve as the minutes. Instead, the meeting minutes would be prepared by the chief clerk's office, approved by general counsel, and state the subject of each deliberation and indicate each vote, order, decision, or other action taken. An audio recording of each commission open meeting would still be required. (Willie Bell, Tracey Lee Williamson, Clifton Wise) (Rule Log No. 2002-067-009-AD)
Approve publication of proposed amendments to 30 TAC Chapter 9, RH/KW. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, November 6, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 55. Docket No. 2002-0242-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Pumpelly Oil, Inc. in Orange County; TNRCC Used Oil Registration No. A85722; for municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 371, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Susan Kelly, Kent Heath)
Issue agreed order, RH/RM. All Agree


AGENDA

Wednesday, November 6, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

1:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 1. TCEQ Docket No. 2001-0070-AGR-E; SOAH Docket No. 582-02-0697. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Roden Dairy, Inc; for alleged violations of unauthorized wastewater discharged from its confined animal feeding operation (CAFO), located at 9500 County Road 1006, Godley, Johnson County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Order, with provisions included in the order to be payable over a 24 month period. RH/RM. All Agree
Item 2. TCEQ Docket No. 2000-0018-UCR; SOAH Docket No. 582-00-0546. Consideration of the Administrative Law Judge's Proposal for Decision and Order for application of Creedmoor-Maha Water Supply Corporation to amend Certificate of Convenience and Necessity No. 11029 for water service in Travis County, Texas.
Adopt Proposal for Decision and Order as proposed by Administrative Law Judge, RM/RH. All Agree