|
HEARING REQUEST |
|
| Item 1. |
Docket No. 2002-1377-UIC. Consideration of applications by Cooper Natural
Resources for new permits for the Lost Draw Mine and Mound Lake Mine sites. The
proposed permit numbers are SS50710 and SS50711. The Lost Draw Mine is in Terry
County approximately 10 miles southeast of the City of Brownfield. The Mound Lake
Mine is in Terry and Lynn Counties approximately 10 miles northeast of the City of
Brownfield. The permits would allow injection into specified zones for the purpose of
sodium sulfate production. The production zone is the Tahoka and Duck Creek
formations. Typically, the injection wells are 50 feet deep and the production wells
are 100 feet deep. The Commission will consider the application and the hearing
request filed on the applications. (Robert Brush/John Santos) |
|
| Deny hearing request and adopt Executive Director's Response to comments, Issue the Permit,
RH/RM. All Agree |
|
|
EMERGENCY ORDER (MODIFY, AFFIRM OR SET ASIDE) |
| |
| Item 2. |
Docket No. 2002-1383-UCR. Consideration of whether to affirm, modify, or set
aside the Emergency Rate Order issued by the Executive Director, without a hearing,
on December 16, 2002 approving the application by Bret Fenner, as temporary
manager for Walter F. Duvall doing business as Plaza Water Utility, for
emergency water and sewer rate increases. The order was issued pursuant to Sections
5.508 and 13.4133, Texas Water Code, and 30 Texas Administrative Code Section
35.202. The utility serves approximately 159 connections in Bell County, Texas.
The Emergency Rate Order authorized a rate increase for residential water meters
from a monthly minimum rate of $16.00 per connection to a monthly minimum rate of
$33.38 per connection and $1.80 per 1,000 gallons of water used, and sewer from a
flat monthly rate of $16.00 per connection to $39.13 per connection and associated
fees, effective December 16, 2002 for a period of 15 months or until a final rate is set,
whichever occurs sooner. The application states that the rate increase is necessary to
ensure the provision of continuous and adequate services to the utility's customers.
(Kristen Huff/Elsie Pascua) |
|
| Continued to February 20, 2003 |
|
|
AGRICULTURAL ENFORCEMENT AGREED ORDER |
|
| Item 3. |
Docket No. 2001-1093-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Hidde Osinga dba Hidde
Osinga Dairy in Comanche County; Permit No. WQ0004125-000; for water quality
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Kimberly McGuire, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
AGRICULTURAL ENFORCEMENT DEFAULT ORDER |
|
| Item 4. |
Docket No. 2001-0412-AGR-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Calvin Pareo dba Pareo
Dairy in Comanche County; TCEQ Water Quality Permit No. 04146-000; 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. (Jim Biggins, Lisa
Lemanczyk) |
|
| Continued to March 5, 2003, RM/KW. All Agree |
|
|
AIR ENFORCEMENT AGREED ORDERS |
|
| Item 5. |
Docket No. 2002-0808-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of BASF FINA Petrochemicals
Limited Partnership in Jefferson County; Air Account No. JE-0843-F, Air Permit
No. 36644/PSD-TX-903; 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. (Laura Clark, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 6. |
Docket No. 2002-0659-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Brothers Materials, Ltd. in Webb County; Air
Account No. 95-0261-O; 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. (Thomas Greimel, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 7. |
Docket No. 2002-0386-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against National Rail Car Inc. in Nolan County; Air
Account No. ND-0035-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. (George Ortiz, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 8. |
Docket No. 2002-0177-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Archer Daniels Midland Co. dba Southern Cotton
Oil Company in Nolan County; Air Account No. ND-0026-L and Air Permit No.
O-01114; 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, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 9. |
Docket No. 2002-0787-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Site Concrete, Incorporated in Dallas County; Air
Account No. 92-2218-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. (Jorge Ibarra, P.E., John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 10. |
Docket No. 2002-0865-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Johns Manville in Johnson County; Air Account
No. JH-0025-O; 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, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 11. |
Docket No. 1999-1563-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Las Palmas Veterinary
Hospital, Inc. in Brooks County; TCEQ Permit No. None; for air quality and waste
violations pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety
Code, and the 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) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
EDWARDS AQUIFER ENFORCEMENT AGREED ORDER |
| |
| Item 12. |
Docket No. 2002-0702-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties against Pebble Creek Joint Venture in Williamson County;
Edwards Aquifer Protection Program File Nos. 01121401 and 01121402; 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, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS |
| |
| Item 13. |
Docket No. 2002-0579-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of CR/PL, L.L.C. in Robertson
County; TCEQ Unauthorized Site No. F0830; 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. (Thomas Greimel,
John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 14. |
Docket No. 2002-0689-IHW-E. Consideration of an Agreed Order assessing
administrative penalties against The Dow Chemical Company in Brazoria County;
Solid Waste Registration No. 30106; 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. (Catherine Sherman, John
Mead) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 15. |
Docket No. 2001-1232-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Synergistic Environmental
Systems, Inc. in Bexar County; Solid Waste Registration No. 78144; for industrial &
hazardous 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. (Sushil Modak, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER |
|
| Item 16. |
Docket No. 2001-1530-MSW-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of C.W. Guthrie in Eastland
County; MSW Unauthorized Site No. 455030070; 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. (Alfred Okpohworho, Lisa Lemanczyk) |
|
| Reposted as 55 |
|
|
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
|
| Item 17. |
Docket No. 2001-1343-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Quinlan in Hunt
County; Texas Pollutant Discharge Elimination System Permit No. 13725-001; 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, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 18. |
Docket No. 2002-0699-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Texas A & M University
System in Nueces County; Texas Pollutant Discharge Elimination System Permit No.
0011345-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26
and the rules of the Texas Commission on Environmental Quality. (Audra
Baumgartner, John Mead) |
|
| Item remanded to Executive Director |
|
|
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
| |
| Item 19. |
Docket No. 2002-0617-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Cloud Construction Company, Inc. in Bell County;
Petroleum Storage Tank Facility ID No. 18122; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Carl Schnitz, John Mead) |
| |
| Issue agreed order, RH/RM. All Agree |
|
| Item 20. |
Docket No. 2002-0534-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Dameron Oil Co. in McLennan 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. (Sarah
Slocum, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 21. |
Docket No. 2002-0368-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Von's Establishment Inc.
dba Dazzy's Mini Market in Tarrant County; Petroleum Storage Tank Facility ID
No. 0045149; 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. (Judy Fox, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 22. |
Docket No. 2002-0396-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Imperial Sugar Company in Fort Bend County;
Petroleum Storage Tank Facility ID No. 0009901; 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, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 23. |
Docket No. 2002-0729-PST-E. Consideration of an Agreed Order assessing
administrative penalties against the Texas Department of Public Safety in Dawson
County; Petroleum Storage Tank Facility ID No. 0004751; 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, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 24. |
Docket No. 2001-1471-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of New Wal-Tex Corporation
dba Rendon Chevron in Tarrant County; Petroleum Storage Tank Facility ID No.
0036562; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7
and 26 and the rules of the Texas Commission on Environmental Quality. (David Van
Soest, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 25. |
Docket No. 2002-0707-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Minyard Food Stores, Inc. in Dallas County;
Petroleum Storage Tank Facility ID No. 0041630; 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, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 26. |
Docket No. 2002-0506-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of McAllen Hospitals, L.P. dba
McAllen Heart Hospital in Hidalgo County; Petroleum Storage Tank Facility No.
67200; 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, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 27. |
Docket No. 2002-0817-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Little Nutt Oil Co. in Shelby 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,
John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 28. |
Docket No. 2002-0822-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Lambert Oil Company, Inc. in Comanche 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 Easley, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 29. |
Docket No. 2002-0601-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Hydro-Walk Energy, Inc. in Nacogdoches 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, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 30. |
Docket No. 2002-0180-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of George West Truck Stop,
Inc. in Live Oak County; Petroleum Storage Tank Facility ID No. 12038; 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,
John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 31. |
Docket No. 2000-0131-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of F.J. Baba dba Baba Boys
Grocery in Harris County; TCEQ PST ID No. 0031710; 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. (Lisa Lemanczyk) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 32. |
Docket No. 2002-0053-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Eddy Quiroga dba Quiroga Trucking in Galveston
County, Fort Bend County and Harris County; TCEQ PST ID No. None; for
petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code
and the rules of the Texas Commission on Environmental Quality. (Shannon Strong,
Lisa Lemanczyk) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 33. |
Docket No. 2002-0522-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Azman Incorporated dba
Shoppers Mart 1 in Harris County; TCEQ PST ID No. 25209; for petroleum
storage tank violations pursuant to 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. (Laurencia Fasoyiro, Lisa Lemanczyk) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 34. |
Docket No. 2002-0349-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ajith Senaratne dba Quick
Pick in Parker County; TCEQ PST ID No. 0046655; 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. (David Speaker, Lisa Lemanczyk) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS |
|
| Item 35. |
Docket No. 2001-1487-PST-E. Consideration of a Default Order assessing
administrative penalties against Patriot Petroleum, Inc. in Bexar County; TCEQ
PST ID No. None; for petroleum storage tank violations pursuant to chs. 7 and 26 of
the Tex. Water Code and the rules of the Texas Commission on Environmental
Quality. (Rebecca Nash Petty, Lisa Lemanczyk) |
|
| Continued to February 20, 2003, RH/RM. All Agree |
|
| Item 36. |
Docket No. 2001-1197-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Erin Elaine Henderson dba
Hollywood Corner in Brown County; TCEQ PST Facility ID No. 0069334; 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. (Robin Chapman,
Lisa Lemanczyk ) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
| |
| Item 37. |
Docket No. 2002-0592-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Brotherton Water Supply
Corporation in Fannin County; Public Water Supply No. 0740020; 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, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 38. |
Docket No. 2002-0369-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Delia Luke dba Chaparral
RV Park in Burnet County; Public Water Supply No. 0270084; for drinking water
quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the
Texas Commission on Environmental Quality. (Shawn Stewart, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 39. |
Docket No. 2002-0577-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Ladonia in
Fannin County; Public Water Supply ID No. 0740004; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Commission on Environmental Quality. (Cheryl Thompson, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 40. |
Docket No. 2002-0732-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Garansuay Group, Inc. in Kerr County; Public
Water Supply ID No. 1330150; for drinking water quality violations pursuant to Tex.
Health & Safety Code ch. 341 and the rules of the Texas Commission on
Environmental Quality. (Rebecca Clausewitz, John Mead) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 41. |
Docket No. 2002-0277-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of East Rio Hondo Water
Supply Corporation in Cameron County; Public Water Supply No. 0310096; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Commission on Environmental Quality. (Jaime Garza, John
Mead) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 42. |
Docket No. 2002-0032-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against and requiring certain actions of Fair Road
Properties, Inc., dba Light Ranch Estates in Denton County; TCEQ PWS No.
0610226; for public drinking water violations pursuant to ch. 341 of the Tex. Health
& Safety Code, ch. 13 of the Texas Water Code, and the rules of the Texas
Commission on Environmental Quality. (Robin Chapman) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
PUBLIC WATER SYSTEM DEFAULT ORDERS |
|
| Item 43. |
Docket No. 2001-1042-PWS-E. Consideration of a Default Order assessing
administrative penalties against and requiring certain actions of Joycie Longmiles
dba Yellow Rose Tavern in Brazoria County; PWS No. 0200579; 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. (Shannon Strong, Lisa
Lemanczyk) |
|
| Issue default order, RH/RM. All Agree |
|
| Item 44. |
Docket No. 2002-0676-PWS-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Rod Walston dba Rose Hill
Ranchettes Mobile Home Subdivision in Harris County; TCEQ PWS ID No.
1011923; CCN No. 11955; 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. (Robin Chapman, Lisa Lemanczyk) |
|
| Issue default order, RH/RM. All Agree |
|
| Item 45. |
Docket No. 2001-0473-PWS-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Greenwood Place Civic
Club, Inc., in Harris County; TCEQ PWS No: 1010710; CCN No. 12544; for
public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety
Code, Chapter 13 of the Texas Water Code, and the rules of the Texas Commission on
Environmental Quality. (David Speaker, Lisa Lemanczyk) |
|
| Issue default order, RH/RM. All Agree |
|
|
RULE MATTERS |
| |
| Item 46. |
Docket No. 2003-0044-RUL. Consideration of a petition for rulemaking filed by the
Barton Springs Edwards Aquifer Conservation District requesting a rulemaking to
revise the official maps incorporated by reference under 30 TAC Chapter 213,
Edwards Aquifer, Section 213.3(26), to amend the recharge zone boundaries based on
new geologic information. Chapter 213 requirements regarding regulated activities in
the recharge zone would apply in any areas added to the recharge zone. (Steve
Musick, Snehal R. Patel, Jill Burditt) (Rule Log No. 2003-019-PET-WT) |
|
| Grant Petition and directed staff to go forward with rule making, RH/KW. All Agree |
| |
| Item 47. |
Docket No. 2002-1104-RUL. Consideration of the adoption of the following new and
amended sections of 30 TAC Chapter 330, Municipal Solid Waste: |
|
|
Amendment: |
Section 330.4, Permit Required |
|
|
New: |
Section 330.75, Animal Crematory Facility Design and Operational
Requirements for Permitting by Rule |
|
|
The adoption would correct citation errors in Section 330.4(h), would clarify in
Section 330.4(z) that a permit by rule can apply in place of a permit for certain animal
crematory facilities, and would clarify in Section 330.4(aa) that municipal solid waste
(MSW) authorizations are not needed for pet cemeteries. The adoption would also
specify in Section 330.75 the conditions under which animal crematories may operate
to qualify for an MSW permit by rule and provide the requirements for such
operations. The rulemaking does not affect the requirements for air permits for animal
crematories. The proposed rules were published in the October 18, 2002 issue of the
Texas Register (27 TexReg 9695). (Wayne Lee, Stephen Shepherd, Joseph Thomas)
(Rule Log No. 2002-048-330-WS) |
|
| Reposted as Item 54 |
| |
| Item 48. |
Docket No. 2003-0037-RUL. Consideration of a petition for rulemaking filed by the
City of Houston requesting that the commission amend 30 TAC Section 330.4(q),
Permit Required. |
|
|
The petitioner requests that the commission revise the rule to state that a permit is not
required for any municipal solid waste Type V transfer station that is owned by a local
government that operates a source-separated recycling program or, as provided by the
existing rule, includes a material recovery operation that meets all of the requirements
established by Section 330.4(q). (Wayne Lee, Angela Stepherson, Ray Austin) (Rule
Log No. 2003-018-PET-WS) |
|
| Initiate Rulemaking, RM/RH. All Agree |
| |
|
STATE IMPLEMENTATION PLAN |
|
| Item 49. |
Docket No. 2002-1236-SIP. Consideration for the adoption of revisions to the state
implementation plan (SIP) concerning the limited maintenance plan for the Victoria
County ozone attainment area. This SIP adoption contains current monitoring data
along with an updated emissions inventory and is reformatted to conform to the
current SIP style used by the commission. A public hearing notice of this proposed
SIP revision was published in the November 22, 2002 issue of the Texas Register (27
TexReg 10973). (Kelly Keel, Alan Henderson) (Rule Log Number 2002-047-SIP-AI) |
|
| Adopt State Implementation Plans as submitted for Victoria County, RM/RH. All Agree |
|
| |
EXECUTIVE SESSION |
|
| Item 50. |
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 51. |
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 52. |
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. |