AGENDA

Wednesday, January 8, 2003

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


AGENDA

Wednesday, January 8, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

HEARING REQUEST
Item 1. Docket No. 2002-1304-IWD. Consideration of Permit Application No. 04306, submitted by CHAMPION TECHNOLOGIES, INC. for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04306, to authorize the discharge of cooling tower blowdown, storm water run-off, and previously monitored effluent (boiler blowdown) at a daily average dry weather flow not to exceed 4400 gallons per day via Outfall 001. The applicant operates an organic chemicals manufacturing plant. The plant site is located at 3130 Farm-to-Market Road 521, approximately 2.25 miles north of the intersection of Farm-to-Market Road 521 and State Highway 6, in the City of Fresno, Fort Bend County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Michael Hughes/Chris Linendoll)
Deny hearing request and adopt ED's response to comments and issue permit, RH/RM. All Agree
AUTHORIZATION TO CONSTRUCT
Item 2. Docket No. 2002-1389-MWD. Request for an Order Authorizing Commencement of Construction by City of Cleveland in San Jacinto County, Permit No. 10766-002. The City of Cleveland requests an Order authorizing it to commence construction of a proposed 3.4 million gallon equalization pond at its existing wastewater treatment facility under Chapter 26 of the Texas Water Code before the issuance of its permit in order to avoid possible shutdown of the treatment facility and the threat of illegal discharges; such an order would allow the applicant to construct the wastewater treatment facility before Commission consideration of its application for a wastewater discharge permit but would not authorize operation of the new construction. (Christopher Brown and Kent Trede)
Remanded to Executive Director
AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 3. Docket No. 2001-0443-AGR-E. Consideration of an Agreed Order assessing administrative penalties against and requiring certain actions of Klaas Talsma dba Klaas Talsma Dairy in Erath County; TCEQ Water Quality Permit No. 03145; 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. (Robin Chapman)
Issue agreed order, RM/RH. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 4. Docket No. 2002-0740-AIR-E. Consideration of an Agreed Order assessing administrative penalties against BP America Production Company in Yoakum County; Air Account No. YA-0050-L and Title V Federal Operating Permit No. O-00549; 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. (Gary Shipp, Steven Lopez)
Issue agreed order, RM/RH. All Agree
Item 5. Docket No. 2002-0233-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Duininck Brothers, Inc. in Wilbarger County; Air Account No. 91-6878-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. (Carolyn Easley, Steven Lopez)
Issue agreed order, RM/RH. All Agree
Item 6. Docket No. 2002-0200-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Ysleta del Sur Pueblo in El Paso County; Air Account No. EE-2253-V; 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. (David Van Soest, Steven Lopez)
Issue agreed order, RM/RH. All Agree
Item 7. Docket No. 2000-1011-AIR-E. Consideration of an Agreed Order assessing administrative penalties against and requiring certain actions of Maxim Production Co., Inc. in Wharton County; TCEQ ID No. WF-0111-S; for air 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 Commission on Environmental Quality. (Robert Hernandez, Robin Chapman)
Issue agreed order, RM/RH. All Agree
Item 8. Docket No. 2002-0356-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ticona Polymers, Inc., in Nueces County; TCEQ Air Account No.:NE-0022-I; 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. (Robin Chapman)
Issue agreed order, RM/RH. All Agree
Item 9. Docket No. 2002-0440-AIR-E. Consideration of an Agreed Order assessing administrative penalties against E.I. Du Pont de Nemours and Company, Inc. in Orange County; TCEQ Air Account No. OC-0007-J; for air quality violations pursuant to 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. (Rebecca Nash Petty, Robin Chapman)
Remand to Executive Director, RH/RM. All Agree
Item 10. Docket No. 2002-0491-AIR-E. Consideration of an Agreed Order assessing administrative penalties against El Paso Field Services, L.P. in Brazoria County; Air Account No. BL-0265-H; 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. (Trina Grieco, Steven Lopez)
Issue agreed order, RM/RH. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AMENDED AGREED ORDER
Item 11. Docket No. 1999-1045-IHW-E. Consideration of an Amended Agreed Order requiring certain actions of General Cable Industries, Incorporated in Collin County; TCEQ SWR ID No. 30403; 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 Commission on Environmental Quality. (Lisa Lemanczyk, Robin Chapman)
Issue agreed order, RM/RH. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 12. Docket No. 1995-0884-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Engine Components, Inc., Electro-Coatings, Inc., and Advanced Graphics Technologies, Inc. in Tarrant County; TCEQ SWR ID No. 30346; for solid waste and water quality violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (Richard O'Connell, Robin Chapman)
Issue agreed order, RM/RH. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 13. Docket No. 2001-1559-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Wonder Company in Polk County; Texas Pollutant Discharge Elimination System Permit No. 02901; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Laura Clark, Steven Lopez)
Issue agreed order, RM/RH. All Agree
Item 14. Docket No. 2001-1252-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shezy Enterprises, Inc. dba Fina Truck Stop in Hunt County; Texas Pollutant Discharge Elimination System Permit No. 11721-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Cheryl Thompson, Steven Lopez)
Issue agreed order, RM/RH. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 15. Docket No. 2002-0383-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Antonio Castillo dba A. Castillo & Sons Dump Trucking in Jim Hogg County; TCEQ ID No. HAW001; for municipal solid 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. (Jaime Garza, Steven Lopez)
Issue agreed order, RM/RH. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 16. Docket No. 2002-0616-PST-E. Consideration of an Agreed Order assessing administrative penalties against C & C Country Store, Inc. in Wood County; Petroleum Storage Tank Facility ID No. 3010; 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 V. Lind, Steven Lopez)
Issue agreed order, RM/RH. All Agree
Item 17. Docket No. 2002-0393-PST-E. Consideration of an Agreed Order assessing administrative penalties against Petro-Chemical Transport, Inc. in Parker 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. (John Barry, Steven Lopez)
Issue agreed order, RM/RH. All Agree
Item 18. Docket No. 2002-0710-PST-E. Consideration of an Agreed Order assessing administrative penalties against Universal Transport, Inc. in Tarrant and Dallas Counties; 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. (Wendy Cooper, Steven Lopez)
Issue agreed order, RM/RH. All Agree
Item 19. Docket No. 2002-0642-PST-E. Consideration of an Agreed Order assessing administrative penalties of Geenia, Inc. dba Shepherd Food Mart in Bexar County; TCEQ PST ID No. 69351; 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. (John Sumner, Robin Chapman)
Issue agreed order, RM/RH. All Agree
Item 20. Docket No. 2001-0027-PST-E. Consideration of an Agreed Order assessing administrative penalties against Ocean Petroleum, Inc., in Galveston County; TCEQ PST ID No. 0070034; 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 Commission on Environmental Quality. (Troy Nelson, Robin Chapman)
Issue agreed order, RM/RH. All Agree
Item 21. Docket No. 2001-0930-PST-E. Consideration of a Agreed Order assessing administrative penalties against NKJ Enterprise, Inc. dba NK Texaco in Harris County; TCEQ PST Facility ID No. 0072334; 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. (Laurencia Fasoyiro, Robin Chapman)
Issue agreed order, RM/RH. All Agree
Item 22. Docket No. 2002-0012-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Murphy Resources Incorporated dba Texaco C-Mart in Tarrant County; TCEQ PST Facility ID No. 73239; 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. (Robert Hernandez, Robin Chapman)
Issue agreed order, RM/RH. All Agree
Item 23. Docket No. 2002-0602-PST-E. Consideration of an Agreed Order assessing administrative penalties against Southwest Canners of Texas, Inc. and Ryder Truck Rental, Inc. in Nacogdoches County; Petroleum Storage Tank Facility No. 0010079; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (John Barry, Steven Lopez)
Issue agreed order, RM/RH. All Agree
Item 24. Docket No. 2002-0681-PST-E. Consideration of an Agreed Order assessing administrative penalties against C.P. Transport, Inc. in Harris 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. (Trina Grieco, Steven Lopez)
Issue agreed order, RM/RH. All Agree
Item 25. Docket No. 2002-0706-PST-E. Consideration of an Agreed Order assessing administrative penalties against HMA Mesquite Hospital, Inc. dba The Medical Center of Mesquite in Dallas County; Petroleum Storage Tank Facility ID No. 0071243; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Wendy Cooper, Steven Lopez)
Issue agreed order, RM/RH. All Agree
Item 26. Docket No. 2002-0424-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mikeska Gin & Grain Company in Concho County; Petroleum Storage Tank Facility ID No. 4107; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Gary Shipp, Steven Lopez)
Issue agreed order, RM/RH. All Agree
PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDER
Item 27. Docket No. 2002-0536-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Parkway Utility District in Harris County; Public Water Supply No. 1010750; for drinking water quality violations pursuant to Tex. Health & Safety Code ch 341 and the rules of the Texas Commission on Environmental Quality. (Catherine Albrecht, Steven Lopez)
Issue agreed order, RM/RH. All Agree
MODIFY, AFFIRM, OR SET ASIDE AN EMERGENCY ORDERS
Item 28. Docket No. 2001-0688-MLM-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on November 19, 2002 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code sections 5.501(c)(1), 5.507, and 13.4132 to address the abandonment of a retail public utility (Utility) by Walter F. Duvall dba Plaza Water Utility, at Plaza Trailer Park located at the intersection of East Avenue H and Mequite in Nolanville, in Bell County; TCEQ PWS No. 0140167; to ensure continued operation of the Utility; and to provide continuous and adequate service to customers. The Emergency Order appointed Bret Fenner as temporary manager of the Utility. (Gitanjali Yadav)
Grant hearing, RH/KW. All Agree
Item 29. Docket No. 2002-0980-PWS-E. Consideration of whether to renew an Emergency Order concerning Robert Jon Leiman and QMS Environmental Corporation issued by the Executive Director of the Texas Commission on Environmental Quality on July 26, 2002 and affirmed by the Commission on August 21, 2002 pursuant to Tex. Water Code sections 5.501, 5.504, 5.507, 5.511, and 13.4132, Tex. Health & Safety Code section 361.272, and the rules of the Texas Commission on Environmental Quality. The order would renew the appointment of Jessie Woods (Mr. Woods) to act as the temporary manager of the Sunilandings Subdivision public water system and wastewater treatment plant located south of the intersection of the County Road 306 and Dolphin Drive and approximately 5,000 feet southeast of the intersection of State Highway 172 and State Highway Spur 159 in Calhoun County; TCEQ ID Nos. WQ 12653-001 (Expired), CCN No. 12525, and PWS No. 0290056. (Lisa Lemanczyk)
Approve renewal of emergency order with corrections as recommended by staff, RM/RH. All Agree
Item 30. Docket No. 2002-1342-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on December 19, 2002 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code Sections 5.501(c)(1) and 13.4132, 30 Tex. Admin. Code Sections 35.201 and 291.143(a) and chs. 288 and 290, and Texas Health & Safety Code ch. 341 to address the abandonment of a retail public utility (Utility) by Patrick Milliken dba P & M Service Company and Michael Privett dba P & M Service Company, in Denton County, to ensure continued operation of the Utility, and to provide continuous and adequate service to customers. The Emergency Order appointed George Oberdorf as temporary manager of the Utility. (Rebecca Nash Petty, Robin Chapman)
Reposted as 37
RULE MATTERS
Item 31. Docket No. 2002-1070-RUL. Consideration for adoption of an amendment to 30 TAC Chapter 290, Public Drinking Water, Section 290.45, Minimum Water System Capacity Requirements.
The amendment would clean up formatting and sentence structure; more explicitly state the conditions under which the executive director can establish capacity operating levels higher than the minimum requirements expressed in the rule, including repeated customer complaints regarding inadequate pressure or requests for a capacity evaluation from customers of the system; clarify minimum water system capacity requirements for wholesale water suppliers who also supply retail connections; clarify public water system and wholesaler responsibilities for meeting production requirements; specify the process for a public water system to request an alternative capacity requirement; specify exactly how an alternative capacity requirement is to be determined; and specify the process for review and revocation or revision of an alternative capacity requirement by the executive director. The proposed amendment was published in the October 4, 2002 issue of the Texas Register (27 TexReg 9276). (Todd Burkey, James Pope, Kathy Ramirez) (Rule Log No. 2002-049-290-WT)
Adopt amendments to 30 TAC Chapter 290, RH/KW. All Agree
Item 32. Docket No. 2002-1029-RUL. Consideration of the adoption of the following new and amended sections of 30 TAC Chapter 37, Financial Assurance, Section 37.11; Chapter 39, Public Notice, Sections 39.420 and 39.801 - 39.810; Chapter 55, Request for Reconsideration and Contested Case Hearings; Public Comment, Section 55.156; Chapter 80, Contested Case Hearings, Section 80.109; Chapter 305, Consolidated Permits, Sections 305.2, 305.41 - 305.44, 305.47, 305.49, and 305.50; and Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste, Sections 335.1, 335.2, 335.7, 335.111, 335.112, 335.116, 335.118, 335.119, 335.151, 335.152, 335.156, 335.167, and 335.179.
These new and amended sections will address the requirements of House Bill 2912, Article 5, Section 5.06 and Article 9, Section 9.07, 77th Texas Legislature, 2001, by amending Chapter 37 by adding the definition of post-closure order; Chapter 39 by adding a new Subchapter N for post-closure orders; Chapter 55 to identify the subsections that apply to a post-closure order; Chapter 80 to clarify who can request a hearing on a post-closure order; Chapter 305 to provide for streamlined applications specific to post-closure orders and post-closure permits; and Chapter 335 by adopting certain requirements of the United States Environmental Protection Agency amendments to 40 Code of Federal Regulations Parts 264, 265, 270, and 271 as published in the October 22, 1998 issue of the Federal Register (63 FR 56509). The proposed rules were published for comment in the September 27, 2002 issue of the Texas Register (27 TexReg 9087, 9089, 9096, 9098, 9108, and 9115) (Michael Bame, Geof Meyer, Amerin Francis-Whisnant) (Rule Log No. 2000-048-335-WS)
Approve adoption of new and amended sections of 30 TAC Chapter 37, Chapter 39, Chapter 55, Chapter 80, Chapter 305 and Chapter 355. RH/RM. All Agree
Item 33. Docket No. 2000-0735-RUL. Consideration of the adoption of the following amended sections of 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste.
Section 335.471 - Definitions
Section 335.472 - Pollutants and Contaminants
Section 335.473 - Applicability
Section 335.474 - Source Reduction and Waste Minimization Plans
Section 335.475 - Implementation Dates
Section 335.476 - Reports and Recordkeeping
Section 335.477 - Exemptions
Section 335.478 - Administrative Completeness
Section 335.479 - Enforcement
Section 335.480 - Confidentiality
These amended sections would improve the readability of the rules; make the rules more current; and simplify the rules to make facility compliance, program administration, and pollution prevention more attainable. The proposed rules were published for comment in the October 25, 2002 issue of the Texas Register (27 TexReg 9946). (Michael Bame, Bob Brush, Grace Hsieh) (Rule Log No. 2000-022-335-WS)
Approve adoption of Section 355, RM/KW. All Agree
EXECUTIVE SESSION
Item 34. 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 35. 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 36. 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
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REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.


ADDENDUM TO AGENDA

Wednesday, January 8, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 37. Docket No. 2002-1342-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on December 19, 2002 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code Sections 5.501(c)(1) and 13.4132, 30 Tex. Admin. Code Sections 35.201 and 291.143(a) and chs. 288 and 290, and Texas Health & Safety Code ch. 341 to address the abandonment of a retail public utility (Utility) by Patrick Milliken dba P & M Service Company and Michael Privett dba P & M Service Company, TCEQ PWS ID No. 0610070, in Denton County, to ensure continued operation of the Utility, and to provide continuous and adequate service to customers. The Emergency Order appointed George Oberdorf as temporary manager of the Utility. (Rebecca Nash Petty, Robin Chapman)
Modify Emergency Order as recommended by the ED, RH/KW. All Agree


AGENDA

Wednesday, January 8, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 1. Docket No. 2002-1312-IHW. Consideration of the Motion for Reconsideration of Renewal of Bayer Corporation's Permit No. HW-50173 and Compliance Plan No. CP-50173 filed by Bayer Corporation requesting reconsideration of the renewed permit and compliance plan regarding its hazardous waste facility located about one-half mile south of the intersection of FM 565 and West Bay Road near the City of Baytown in Chambers County.
Grant Motion to Overturn and set aside the Permit and the Compliance Plan and remand the application to Executive Director for further processing, RH/RM. All Agree
Item 2. Docket No. 2000-0202-MWD-E; SOAH Docket No. 582-02-1978. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the alleged enforcement action against WRE Utilities, Inc. for repeatedly violating several provisions of the Commission's rules pertaining to monitoring and reporting and failure to comply with operations and maintenance requirements necessary to comply with it water quality discharge permit. The respondent owns and/or operates a wastewater treatment plant located at LaSalle Drive and State Highway 105, Houston, Harris County, Texas.
Adopt Proposal for Decision and Issue Order, with changes, as recommended, RH/RM. All Agree
Item 3. Docket No. 2000-0586-MLM-E; SOAH Docket No. 582-02-0389. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the alleged enforcement action against the National Oil Recovery Corporation (NORCO). The Executive Director alleges that NORCO committed ten violations of the Texas Water Code, Texas Health and Safety Code, and the rules and regulations of the Commission relating to a hazardous material spill at a refinery owned by NORCO. The facility is located at the Intersection of Farm-to-Market Road 2725 and Bishop Road, Ingleside, San Patricio County, Texas.
Adopt Proposal for Decision and Issue Oder as recommended and adopt the Executive Directors' corrections of the file, RM/KW. All Agree