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WATER RIGHTS |
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| Item 1. |
Docket No. 2002-1090-WR. Consideration of cancellation of several water rights on
the Middle and Lower Rio Grande River. The Executive Director filed a petition to
cancel several water rights on the Middle and Lower Rio Grande River for nonuse of
the water under Chapter 11 of the Texas Water Code, Subchapter E, and provided
notice to those water right holders. The Commission will conduct a hearing and
consider cancellation of those water rights belonging to persons who did not respond
to the notice or whose notice was returned because an incorrect address on was file
with the Commission. The Commission may cancel the water right, decide not to
cancel the water right, or remand the cancellation to the State Office of Administrative
Hearings. Willacy, Cameron, Hidalgo, Starr, Webb, and Zapata Counties. The
following water rights are being considered for cancellation in the Lower Rio Grande
and do not have correct addresses on file with the Commission: |
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Anthony Esposito, Account No. 053-00, Certificate of Adjudication No. (COA) No.
23-053, Cameron County; |
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George M. Nicholas, et ux., Account No. 122-000, COA No. 23-122, Cameron
County; |
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Edith B. Puckett, Account No. 161-000, COA No. 23-161, Cameron County; |
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Ronald W. Armstrong, et ux., Account No. 174-000, COA No. 23-174, Cameron
County; |
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Bob Stone, Account No. 239-005, COA No. 23-239, Cameron County; |
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Andrew Shumborski, Account No. 248-009, COA No. 23-248, Cameron County; |
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James R. Taylor, Account No. 248-010, COA No. 23-248, Cameron County; |
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Emilio Balli, Account No. 261-000, COA No. 23-261, Cameron County; |
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Teodora Torres, et al., Account No. 289-007, COA No. 23-289, Cameron County; |
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James Logan, et ux., Account No. 310-000, COA No. 23-310, Hidalgo County; |
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Clifford L. Klinck III, Account No. 310-001, COA No. 23-310, Hidalgo County; |
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Romeo B. Rendon, Account No. 421-009, COA No. 23-421, Hidalgo County; |
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Ubence Rodriguez, Account No. 421-011, COA No. 23-421, Hidalgo County; |
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Abel Anaya Jackson, Account No. 421-014, COA No. 23-421, Hidalgo County; |
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Roberto Castellano, et ux., Account No. 421-019, COA No. 23-421, Hidalgo County; |
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Jesus Acosta, Account No. 421-027, COA No. 23-421, Hidalgo County; |
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Eloy Garcia, Account No. 421-031, COA No. 23-421, Hidalgo County; |
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Oilfield Products & Service Co., Inc., Account No. 421-032, COA No. 23-421,
Hildalgo County; |
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Francisco Rodriguez, Sr., Trustee, Account No. 421-033, COA No. 23-421, Hidalgo
County; |
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Viola Rodriguez, Trustee, Account No. 421-034, COA No. 23-421, Hidalgo County; |
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Tierra Dorada, A General Partnership, Account No. 455-001, COA No. 455-001,
Hidalgo County; |
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Jaime Ortega, et al., Account No. 455-004, COA No. 455-004, Hidalgo County; |
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Alexandro Valdez, et al., Account No. 455-009, COA No. 23-455, Hidalgo County; |
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Eluid Lopez, Account No. 455-012, COA No. 23-455, Hidalgo County; |
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Felipe Diaz, Account No. 455-013, COA No. 23-455, Hidalgo County; |
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Ruben Garza, et al., Account No. 455-018, COA No. 23-455, Hidalgo County; |
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Rafael Ortega, Account No. 455-019, COA No. 23-455, Hidalgo County; |
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David Castillo, et al., Account No. 455-023, COA No. 23-455, Hidalgo County; |
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Maria De Jesus Loera Flores, et al., Account No. 455-024, COA No. 23-455, Hidalgo
County; |
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Luis Sosa,et al., Account No. 455-026, COA No. 23-455, Hidalgo County; |
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Sylvia Ramon, et al., Account No. 455-028, COA No. 23-455, Hidalgo County; |
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Fred De La Garza, Account No. 455-029, COA No. 23-455, Hidalgo County; |
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A&R Construction, Account No. 455-031, COA No. 23-455, Hidalgo County; |
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Gloria Jimenez, Account No. 455-034, COA No. 23-455, Hidalgo County; |
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Robert R. Shebal, Account No. 455-036, COA No. 23-455, Hidalgo County; |
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Irasema Alanis, Account No. 455-037, COA No. 23-455, Hidalgo County; |
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Gonzalo Guzman, et ux., Account No. 455-038, COA No. 23-455, Hidalgo County; |
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Lauro Garza, et ux., Account No. 455-039, COA No. 23-455, Hidalgo County; |
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Israel Flores, et al., Account No. 455-041, COA No. 23-455, Hidalgo County; |
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Jose Zapata, et ux., Account No. 596-000, COA No. 23-596, Hidalgo County; |
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Basilio Garza Estate, Account No. 650-000, COA No. 23-650, Starr County; |
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Eduardo Marines, Account No. 721-000, COA No. 23-721, Starr County; |
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Idolina Munoz Ramon, Account No. 757-000, COA No. 23-757, Starr County; |
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Desiderio Vera, et al., Account No. 794-000, COA No. 23-794, Starr County. |
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The following water rights holders in the Lower Rio Grande did not respond to the
notice that was sent: |
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Alfonso Vega, Account No. 239-000, COA No. 23-239, Cameron County; |
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Ynocencio Vega, Jr., et ux., Account No. 239-006, COA No. 23-239, Cameron
County; |
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Enrique De La Garza, Account No. 242-005, COA No. 23-242, Cameron County; |
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Hector Rey, et ux., Account No. 289-002, COA No. 23-289, Cameron County; |
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Higinia M. Torres, Account No. 289-006, COA No. 23-289, Cameron County; |
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Gailian Dean Bagley, Jr., et ux., Account No. 421-002, COA No. 23-421, Hidalgo
County; |
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Jose Pulido, Sr., & Jose Roberto Pulido, Account No. 421-010, COA No. 23-421,
Hidalgo County; |
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Ernesto G. Martinez, Account No. 421-012, COA No. 23-421, Hidalgo County; |
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Inocencio Quintana, et ux., Account No. 421-018, COA No. 23-421, Hidalgo County; |
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Samuel Garcia, Account No. 421-021, COA No. 23-421, Hidalgo County; |
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Noelia Solis (Santa Cruz Ranch), Account No. 421-036, COA No. 23-421, Hidalgo
County; |
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Homer Scott, Account No. 455-003, COA No. 23-455, Hidalgo County; |
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Juana Moreno, Account No. 455-010, COA No. 23-455, Hidalgo County; |
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Sabino T. Soto, Jr., Account No. 455-020, COA No. 23-455, Hidalgo County; |
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Consuelo Tamez, Account No. 455-022, COA No. 23-455, Hidalgo County; |
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Juan M. Medina, et al., Account No. 455-030, COA No. 23-455, Hidalgo County; |
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Irasema Alanis, Account No. 455-037, COA No. 23-455, Hidalgo County; |
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Lleana E. Pena, et al., (Attn H. Joseph Bourn), Account No. 546-000, COA No.
23-546, Hidalgo County; |
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Ella G. Wood (Attn Conan T. Wood Jr.), Account No. 587-000, COA No. 23-587,
Hidalgo County; |
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Augustine Zamora, Account No. 590-000, COA No. 23-590, Hidalgo County; |
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Severiano G. Garza (c/o Rolando Garza), Account No. 647-001, COA No. 23-647,
Starr County; |
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Zaragoza Garcia, et al., Account No. 649-000, COA No. 23-649, Starr County; |
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Adalberto Hinojosa, Account No. 692-000, COA No. 23-692, Starr County; |
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Conrado Rodriguez, Account No. 763-000, COA No. 23-763, Starr County. |
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The following water rights holders on the Middle Rio Grande do not have an accurate
address on file with the Commission: |
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Monte E. McDaniel, Account No. 2435-017, COA No. 23-2435, no county specified; |
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Anzon, Inc., Account No. 2733-000, COA No. 23-2733, no county specified. |
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The following water right holders on the Middle Rio Grande did not respond to
notice: |
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M/M Paris A. Mims, Account No. 2427-000, COA No. 23-2427, no county specified; |
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Joseph E. Mills, et ux.(Curtis G. Payne), Account No. 2435-004, COA No. 23-2435,
Zapata County; |
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Theodore C. Miller, et ux., Account No. 2435-005, COA No. 23-2435, Zapata County; |
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Raul R. Esparza, Account No. 2435-013, COA No. 23-2435, no county specified; |
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Romeo R. Ramirez, Account No. 2435-018, COA No. 23-2435, no county specified; |
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Dan August Richter, Account No. 2435-019, COA No. 23-2435, no county specified; |
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Julio Perez Estate (Aurelia G. Perez), Account No. 2737-000, COA No. 23-2737,
Webb County. (Carlos Rubinstein, Robin Smith, Kathy Brown) |
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| Approve the above described water rights for cancellation except, the following water right holders
who has requested a 30 day continuance, (1) Emilio Balli, (2) Clifford L. Klinck, (3) Ella G. Wood,
and the following individual is deleted from the order Jose Pulido, Sr., & Jose Roberto Pulido,
RH/RM. All Agree |
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AGRICULTURAL ENFORCEMENT DEFAULT ORDER |
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| Item 2. |
Docket No. 2001-0353-AGR-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Daniel C. Loper dba Rio
Leche Dairy #1 and dba Rio Leche Dairy #2 in Erath County; TCEQ ID Nos.
01699-000 and WQ0003089-000; 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. (James P. Biggins, Elvia Maske) |
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| Issue default order, RM/RH. All Agree |
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AIR ENFORCEMENT AGREED ORDERS |
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| Item 3. |
Docket No. 2002-0678-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against 2001-Zee Manufacturing Company, Inc. in Bexar
County; Air Account No. BG-0539-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. (Malcolm A. Ferris, Elvia Maske) |
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| Issue agreed order, RM/RH. All Agree |
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| Item 4. |
Docket No. 2002-0127-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Chevron Phillips Chemical
Company LP in Brazoria County; Air Account No. BL-0758-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. (Catherine Albrecht,
Elvia Maske) |
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| Issue agreed order, RM/RH. All Agree |
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| Item 5. |
Docket No. 2002-0143-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Try Transportation, Incorporated in El Paso
County; Air Account No. EE-1692-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. (Sheila Smith, Elvia Maske) |
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| Issue agreed order, RM/RH. All Agree |
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| Item 6. |
Docket No. 2002-0775-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Texas Municipal Power Agency in Grimes County;
Air Account No. GK-0012-K; 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. (Salal Tahiri, Elvia Maske) |
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| Issue agreed order, RM/RH. All Agree |
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| Item 7. |
Docket No. 2002-0792-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against RME Petroleum Company in Panola County; Air
Account No. PB-0003-L; 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 Lind, Elvia Maske) |
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| Issue agreed order, RM/RH. All Agree |
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| Item 8. |
Docket No. 2001-0575-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Marathon Ashland
Petroleum, LLC in Galveston County; TCEQ Air Account No. GB-0055-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. (Lisa Uselton Dyar, Elvia Maske) |
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| Continued to February 5, 2003 |
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| Item 9. |
Docket No. 2002-0380-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Upper Valley Materials, Ltd. dba Tabasco Rock
Crushing Plant in Hidalgo County; TCEQ Air Account No. HN-0258-S; 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. (Jaime
Garza, Elvia Maske) |
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| Issue agreed order, RM/RH. All Agree |
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| Item 10. |
Docket No. 2002-0247-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of E. I. Du Pont De Nemours
and Company in Victoria County; Air Account No. VC-0008-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. (Miriam Hall, Elvia
Maske) |
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| Issue agreed order, RM/RH. All Agree |
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INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER |
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| Item 11. |
Docket No. 2002-0524-IWD-E. Consideration of an Agreed Order assessing
administrative penalties against BP Products North America, Inc. in Galveston
County; Texas Pollutant Discharge Elimination System Permit No. 00443-003A; for
water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of
the Texas Commission on Environmental Quality. (David Van Soest, Elvia Maske) |
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| Issue agreed order, RM/RH. All Agree |
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MUNICIPAL SOLID WASTE DISCHARGE ENFORCEMENT AGREED
ORDERS |
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| Item 12. |
Docket No. 2001-1396-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of North Texas Municipal
Water District dba McKinney Landfill and Maxwell Creek Landfill in Collin
County; Municipal Solid Waste Permit Nos. 568A and 44A; 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 Commission on Environmental Quality.
(John Mead, Elvia Maske) |
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| Issue agreed order, RM/RH. All Agree |
| |
| Item 13. |
Docket No. 2002-0229-MSW-E. Consideration of an Agreed Order assessing
administrative penalties against Jerry W. Waller dba Jerry Waller Tire Service in
Dallas County; Scrap Tire Transporter Registration No. 26486; 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. (John Mead,
Elvia Maske) |
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| Issue agreed order, RM/RH. All Agree |
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MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER |
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| Item 14. |
Docket No. 2002-0425-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Hale Center in
Hale County; Water Quality Permit No. 10030-001; for water quality violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Gary Shipp, Elvia Maske) |
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| Issue agreed order, RM/RH. All Agree |
| |
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PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
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| Item 15. |
Docket No. 2002-0056-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ali Al-Fattah Enterprises,
LLC dba Baytown Quick Mart in Harris County; Petroleum Storage Tank Facility
ID No. 0040551; for petroleum storage tank violations pursuant to Tex. Health &
Safety Code ch. 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas
Commission on Environmental Quality. (Rebecca A. Johnson, Elvia Maske) |
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| Issue agreed order, RM/RH. All Agree |
| |
| Item 16. |
Docket No. 2002-0514-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Exxon Mobil Corporation in Galveston County;
Petroleum Storage Tank Facility ID No. 0066438; 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. (A. Sunday Udoetok,
Elvia Maske) |
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| Issue agreed order, RM/RH. All Agree |
| |
| Item 17. |
Docket No. 2002-0161-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Mauritz and Couey Transportation, L.L.C. and
Mauritz and Couey Transportation, L.L.C. dba Weavers #2 in Calhoun and
Jackson Counties; Petroleum Storage Tank ID No. 27212; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Edward R. Moderow, Elvia Maske) |
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| Issue agreed order, RM/RH. All Agree |
| |
| Item 18. |
Docket No. 2002-0253-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Sunny Phung and Johanna Phe dba Sunny's
Texaco and Insik Kim in Nueces County; Petroleum Storage Tank Facility ID No.
55071; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and
26 and the rules of the Texas Commission on Environmental Quality. (Edward R.
Moderow, Elvia Maske) |
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| Issue agreed order, RM/RH. All Agree |
| |
| Item 19. |
Docket No. 2002-0375-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Clements Oil Corporation in Harrison 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.
(Carolyn V. Lind, Elvia Maske) |
| |
| Issue agreed order, RM/RH. All Agree |
|
| Item 20. |
Docket No. 2002-0696-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Ackerly Oil Company, Inc. dba Trio-Fuels in
Dawson 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. (Dan Landenberger, Elvia Maske) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 21. |
Docket No. 2002-0054-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Yun-Won Kim dba Won
Stop in Young County; Petroleum Storage Tank Facility ID No. 0046718; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Commission on Environmental Quality. (George Ortiz, Elvia
Maske) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 22. |
Docket No. 2002-0643-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Curtis Neyland, Jr. dba Wallace Tire & Battery in
Leon County; Petroleum Storage Tank Facility ID No. 71339; for petroleum storage
tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Gilbert Angelle, Elvia Maske) |
| |
| Issue agreed order, RM/RH. All Agree |
|
| Item 23. |
Docket No. 2002-0111-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Travel Mart, Inc. in San
Patricio County; Petroleum Storage Tank Facility No. 0010748; 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, Elvia Maske) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 24. |
Docket No. 2001-1361-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Rohail Enterprises, Inc. dba
Speedy Stop in Fort Bend County; Petroleum Storage Tank Facility ID No.
0035389; for petroleum storage tank violations pursuant to Tex. Water Code ch. 7 and
26 and the rules of the Texas Commission on Environmental Quality. (Catherine
Sherman, Elvia Maske) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 25. |
Docket No. 2001-1570-PST-E. Consideration of an Agreed Order assessing
administrative penalties against DCTD, Inc. in Tom Green County; Petroleum
Storage Tank Facility ID No. 6933; 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, Elvia Maske) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 26. |
Docket No. 2002-0461-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Oldmoc, Inc. (formerly Moffitt Oil Company) in
Brazoria and Harris 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. (Trina Grieco, Elvia Maske) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 27. |
Docket No. 2002-0480-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Las Palmas Del Sol
Regional Healthcare Systems, Ltd. in El Paso County; Petroleum Storage Tank
Facility ID No. 0003731; for petroleum storage tank violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality.
(Terry McMillan, Elvia Maske) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| |
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
|
| Item 28. |
Docket No. 2002-0021-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Heritage Financial Group,
Inc. dba Big Oak Limited in Harrison County; Public Water Supply No. 1020061;
for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341
and the rules of the Texas Commission on Environmental Quality. (Gilbert Angelle,
Elvia Maske) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 29. |
Docket No. 2001-1474-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Radiance Water Supply
Corporation in Hays County; Public Water Supply No. 1050075 and Certificate of
Convenience and Necessity No. 12413; for drinking water quality violations pursuant
to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on
Environmental Quality. (Michael Meyer, Elvia Maske) |
|
| Remanded to Executive Director |
|
| Item 30. |
Docket No. 2002-0636-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Debbie Block and Melvin
Block dba Community Water Systems in Orange County; Public Water Supply
Nos. 1810083 and 1810018, Certificate of Convenience and Necessity No. 11438; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Commission on Environmental Quality. (Kimberly McGuire,
Elvia Maske) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 31. |
Docket No. 2001-1520-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Manchaca Volunteer Fire
Department in Travis County; Public Water Supply No. 2270216; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Commission on Environmental Quality. (Kimberly McGuire, Elvia
Maske) |
|
| Issue agreed order, RM/RH. All Agree |
|
|
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDERS |
|
| Item 32. |
Docket No. 2000-0805-PWS-E. Consideration of a Default Order assessing
administrative penalties against Mark Locke dba Dayton Creek Water System in
Liberty County; TCEQ PWS No. 1460141; for public drinking water violations
pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the Texas
Commission on Environmental Quality. (James P. Biggins, Elvia Maske) |
|
| Issue default order, RM/RH. All Agree |
|
| Item 33. |
Docket No. 2000-0970-PWS-E. Consideration of a Default Order assessing
administrative penalties against Mark Locke, Individually, and Champion Water
Services, Inc., in Liberty County; PWS ID No. 1460102; for public drinking water
violations pursuant to ch. 341 of the Tex. Health & Safety Code, and the rules of the
Texas Commission on Environmental Quality. (James P. Biggins, Elvia Maske) |
|
| Issue default order, RM/RH. All Agree |
|
|
PUBLIC WATER SUPPLY EMERGENCY ORDER |
|
| Item 34. |
Docket No. 1998-0200-PWS-E. Consideration of whether to Modify, Affirm, or Set
Aside an Emergency Order issued on December 12, 2002 by the Executive Director of
the Texas Commission on Environmental Quality pursuant to Tex. Water Code
Sections 5.501, 5.507, and 13.4132, and 30 Tex. Admin. Code Sections 35.201 and
291.143(a) to address the abandonment of a retail public utility (Utility) by W. Oak
Phoenix, Corp., located 1.4 miles west of Highway 986 on County Road 2320,
Dallas, in Hunt 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. (Laurencia Fasoyiro, Elvia
Maske) |
|
| Remanded to Executive Director |
| |
| |
RULE MATTERS |
|
| Item 35. |
Docket No. 2002-1030-RUL. Consideration for adoption of amendments to 30 TAC
Chapter 37, Financial Assurance, Subchapter B, Financial Assurance Requirements
for Closure, Post-Closure, and Corrective Action; Subchapter C, Financial Assurance
Mechanisms for Closure, Post Closure, and Corrective Action; Subchapter D,
Wording of the Mechanisms for Closure, Post Closure, and Corrective Action;
Subchapter F, Financial Assurance Mechanisms for Liability; Subchapter G, Wording
of the Mechanisms for Liability; Subchapter I, Financial Assurance for Petroleum
Underground Storage Tank Systems; Subchapter K, Financial Assurance
Requirements for Class A or B Petroleum-Substance Contaminated Soil Storage,
Treatment, and Reuse Facilities; Subchapter L, Financial Assurance for Used Oil
Recycling; Subchapter M, Financial Assurance Requirements for Scrap Tire Sites;
Subchapter O, Financial Assurance for Public Drinking Water Systems and Utilities;
Subchapter Q, Financial Assurance for Underground Injection Control Wells;
Subchapter R, Financial Assurance for Municipal Solid Waste Facilities; and
Subchapter U, Financial Assurance for Medical Waste Transporters. |
|
|
The adopted amendments to Chapter 37 were determined to be necessary by agency
staff during the quadrennial review of this chapter (Rule Log Number
2002-016-037-AD). The revisions correct typographical errors, clarify current
requirements, change the commission's name, and incorporate exemptions for Class A
or B petroleum-substance contaminated soil storage, treatment, and reuse facilities,
scrap tire sites, and used oil recycling facilities. The proposal was published in the
October 25, 2002 issue of the Texas Register. (27 TexReg 9932) (John Racanelli,
Jason Haas, Debi Dyer) (Rule Log No. 2002-055-037-AD) |
|
| Adopt amendments to 30 TAC Chapter 37, RH/KW. All agree |
|
| Item 36. |
Docket No. 2002-1375-RUL. Consideration for publication of, and hearings on,
proposed amendments to Chapter 114, Control of Air Pollution from Motor Vehicles,
Sections 114.21, Exemptions; 114.260, Transportation Conformity; and 114.452,
Control Requirements; and corresponding revisions to the state implementation plan.
The proposed rulemaking would: consolidate requirements for motor vehicle dealers
and establish a retention period for certain records in Section 114.21; incorporate by
reference amendments to federal regulations on transportation conformity in Section
114.260; and delay the deadline for lawn and garden equipment operators in the
Houston/Galveston ozone nonattainment area to file emission reduction plans in
Section 114.452. (Morris Brown, Margie McAllister, Roland Castaneda, Kerri
Rowland, Joseph Thomas) (Rule Log No. 2003-008-114-AI) |
|
| Approve publication of, and hearing on, amendments to Chapter 114 and corresponding revisions to
the State Implementation Plan, RM/KW. All Agree |
| |
| Item 37. |
Docket No. 2002-1161-RUL. Consideration of the adoption of amended Sections
230.1 - 230.4, and 230.11 of 30 TAC Chapter 230, Groundwater Availability
Certification for Platting. The adoption would address the requirements of Senate Bill
405, 77th Texas Legislature, 2001, by amending Chapter 230 to allow a geoscientist
licensed to practice in Texas the ability to prepare a certification that adequate
groundwater is available for a proposed subdivision if required as part of a plat
application to a municipal authority or a commissioners court for the subdivision of a
tract of land for which the source of the water supply intended for the subdivision is
groundwater under that land. The proposed rules were published in the November 8,
2002 issue of the Texas Register. (27 TexReg 10568). (Michael Bame, Mary
Ambrose, Jason Haas) (Rule Log No. 2001-051-230-AD) |
|
| Adopt amendments to 230.1 - 230.4 and 230.11 of TAC Chapter 230, RH/RM. All Agree |
|
| |
EXECUTIVE SESSION |
|
| Item 38. |
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 to be taken |
|
| Item 39. |
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 to be taken |
|
| Item 40. |
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 to be 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. |