|
HEARING REQUESTS |
|
| Item 1. |
Docket No. 2002-1381-MSW. Consideration of an application by Panama Road
Landfill, TX, L.P. for a permit for a Type I municipal solid waste landfill facility.
This is a bifurcated application, which requires the Commission to make a separate
determination on land use compatibility only at this time. The facility is located
approximately 4.5 miles east of the City of Gordon and approximately 4.0 mile
southwest of Santo on Interstate Highway No. 20 in Palo Pinto County, Texas. The
Commission will also consider hearing requests and related responses and replies.
(Kristin Huff, Mike Graeber) |
|
| Continued to March 5, 2003 |
|
| Item 2. |
Docket No. 2002-1378-MWD. Consideration of permit application No. 14257-001
submitted by Lake Travis II Investments, Ltd. for a new permit (Proposed Permit
No. 14257-001), to authorize the disposal of treated domestic wastewater at a daily
average flow not to exceed 96,000 gallons per day via subsurface drip irrigation of
public access common grounds that total 22.03 acres of turf grass or other ground
cover. This permit will not authorize a discharge of pollutants into waters in the State.
The facility and disposal site are located approximately 0.8 miles west of Mansfield
Dam and 0.5 miles south of Ranch Road 620 in Travis County, Texas. The
Commission will also consider hearing requests and requests for reconsideration,
related responses and replies, public comment, and the Executive Director's Response
to Comments. (Michael Hughes, Mary Ann Airey). |
|
| Grant hearing requests of Apache Shores Property Owners Assn; Highland Club Village
Neighborhood Assn; Travis County WCID No. 17; Windmill Bluff Estates Homeowners Assn; Ann
Barnett; Bruce & Gina Cook; Priscilla Hopkins; Jerry & Mary Lauderdale and Janet Stockard and
send to State Office Administrative Hearings, these hearing requesters and the issues of whether the
proposed facility will adversely impact surface water or groundwater, including drinking water and
runoff issues; whether the proposed facility will have emergency provisions to prevent the discharge
of improperly treated waste; whether the application is contrary to the policy of promoting
regionalization of wastewater service; whether the proposed permit should be denied under TWC
Section 26.0282 based on need, including the availabillity of existing or proposed areawide or regional
waste collection, treatment, and disposal systems; whether the proposed facility will produce nuisance
odors, including whether an adequate buffer zone is proposed; whether the proposed permit is
protective of the health and safety of nearby residents; whether the proposed permit will protect the
use and enjoyment of property of nearby residents; whether the applicant has complied with applicable
notice requirements; whether applicant's compliance history warrants permit denial; whether the
sludge management practices proposed at the site are protective of the environment; whether the
proposed permit will comply with siting requirements found in 30 TAC §309.12 and whether a bond is
necessary to ensure the safe operation and possible closure of the facility, and the duration of the
hearing will be 6 months from preliminary hearing to PFD issuance with a referral to ADR for 4 to 6
weeks. The Commission denies the remaining hearing requests and issues and denies all requests for
reconsideration, RH/RM. All Agree |
|
|
DISTRICT MATTER |
|
| Item 3. |
Docket No. 2002-1116-DIS. Consideration of an application of Ann Parks
Stallings, Sloan B. Blair, Debra Marfin and Virginia McClintock, as
co-independent executors of the estate of Fred Parks, deceased, landowners
(Petitioners), for dissolution of Harris County Municipal Utility District No. 85
(District). The Petitioners request that the Commission dissolve the District pursuant
to Texas Water Code, Sections 49.321 to 49.327. (TCEQ Internal Control No.
08192002-D05: Rob Cummins, Todd Burkey) |
|
| Grant petitioners requests to dissolve the district, RH/KW. Agree |
|
|
EMERGENCY ORDER TO MODIFY, AFFIRM, OR SET ASIDE |
|
| Item 4. |
Docket No. 2002-1404-AIR. 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 5.515 and 30 Tex. Admin. Code Section Sections 35.801 to
authorize Durol Western Manufacturing Co., Inc., to construct and operate a
temporary production line, and to reconstruct and operate its former manufacturing
building and production lines to build tire repair kits at the company's existing plant
site, located at 2570 E. Pierce, Luling, Caldwell County, Texas. (Daniel Long, Jean
Shaw) |
|
| Reposted as Item 52 |
|
|
AIR QUALITY ENFORCEMENT AGREED ORDERS |
|
| Item 5. |
Docket No. 2002-0763-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Clarke Products, Inc. in Tarrant County; Air
Account No. TA-0671-M; 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. (Todd Huddleson, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 6. |
Docket No. 2002-0538-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against EDSCO Fasteners, Inc. in Denton County; Air
Account No. DF-0667-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. (Ronnie Kramer, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 7. |
Docket No. 2002-0938-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Griffin Industries, Inc. in Harris County; Air
Account No. HG-5394-A; 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, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 8. |
Docket No. 2002-0904-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of MH Pyramid, Inc. in Waller
County; Air Account No. WB-0131-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. (Rebecca Johnson, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 9. |
Docket No. 2002-1044-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Vernon Varnado dba Southern Manufacturing
Company in Jefferson County; Air Account No. JE-0168-B and Permit No.
O-01058; 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. (John Barry, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 10. |
Docket No. 2002-0713-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Wallace Integrated Graphics, Incorporated in
Travis County; Air Account No. TH-0732-J; 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. (Suzanne Walrath, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 11. |
Docket No. 2002-0087-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against U.S. Hanger Company, Inc. in Burleson County;
Air Account BR-0016-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, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 12. |
Docket No. 2002-0966-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Newfield Exploration Mid-Continent Inc. in Gray
County; Air Account No. GH-0084-N; 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. (Ronnie Kramer, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 13. |
Docket No. 2002-0566-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Flying J, Inc. dba Flying J Travel Plaza in El Paso
County; Air Account No. EE-0793-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. (Susan Kelly, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 14. |
Docket No. 2002-0511-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Huntsman Petrochemical
Corporation in Jefferson County; Air Account No. JE-0052-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. (Laura Clark, Michael
Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
|
EDWARDS AQUIFER ENFORCEMENT AGREED ORDERS |
|
| Item 15. |
Docket No. 2002-0796-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties against Glenn Kothmann in Medina County; Edwards
Aquifer Protection Program Project No. 1757.00; for water quality violations pursuant
to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Rebecca Clausewitz, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 16. |
Docket No. 2002-0733-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Worth I-10 Investments,
L.P. in Bexar County; TCEQ ID 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. (Rebecca Clausewitz, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
|
MULTI-MEDIA ENFORCEMENT AGREED ORDERS |
|
| Item 17. |
Docket No. 2002-0597-MLM-E. Consideration of an Agreed Order assessing
administrative penalties against Jose Jaime Cano dba Cano Ranch in Cameron
County; Municipal Solid Waste Unauthorized Site No. 455150043 and TCEQ Air
Account No. None; for air quality and municipal solid waste violations pursuant to
Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of
the Texas Commission on Environmental Quality. (Jaime Garza, Michael Meyer) |
|
| Remand to Executive Director |
|
| Item 18. |
Docket No. 2002-0594-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Manshack & Sons, Inc. in
Orange County; Air Account No. OC-0216-V; for air quality and municipal solid
waste violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water
Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Laura
Clark, Michael Meyer) |
| |
| Issue agreed order, RH/RM. All Agree |
|
|
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS |
|
| Item 19. |
Docket No. 2002-0451-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Alice in Jim
Wells County; Municipal Solid Waste No. 262C; 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. (Thomas E. Jecha, Michael
Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 20. |
Docket No. 2002-0800-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Texas Oil & Gathering, Inc.
in Brazoria County; Used Oil Handler Registration No. A85525; 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. (Todd
Huddleson, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 21. |
Docket No. 2002-0475-MSW-E. Consideration of an Agreed Order assessing
administrative penalties against Mike Flores dba Flores Trucking in Cameron
County; TCEQ ID No. HAW002; 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, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
|
MUNICIPAL DISCHARGE ENFORCEMENT AGREED ORDERS |
|
| Item 22. |
Docket No. 2002-0789-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of La Ward in
Jackson County; Water Quality Permit No. WQ0013479-001; 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, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 23. |
Docket No. 2001-1451-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Warren Independent School
District in Tyler County; Texas Pollutant Discharge Elimination System Permit No.
11307-001 (Expired); for water quality violations pursuant to Tex. Water Code ch. 7
and 26 and the rules of the Texas Commission on Environmental Quality. (Laura
Clark, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 24. |
Docket No. 2000-1210-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Shannon Rushing and
Linda Rushing dba Jackson Hill Marina in San Augustine County; TCEQ Water
Quality Permit No. 11111-001; 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, Mike Meyer) |
|
| Remanded to Executive Director |
|
| Item 25. |
Docket No. 2001-1445-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Weimar in
Colorado County; Texas Pollutant Discharge Elimination System Permit No.
10311-001; 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, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 26. |
Docket No. 2002-0975-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Shelbyville Independent
School District in Shelby County; Texas Pollutant Discharge Elimination System
Permit No. 13370-001; for water quality violations pursuant to Tex. Water Code chs.
7 and 26 and the rules of the Texas Commission on Environmental Quality. (John
Barry, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
|
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
|
| Item 27. |
Docket No. 2002-0838-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Edna Carroll dba B & E in Willacy County;
Petroleum Storage Tank Facility ID No. 38349; 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, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 28. |
Docket No. 2002-0573-PST-E. Consideration of an Agreed Order assessing
administrative penalties against IZR Corporation dba Garland Fina in Dallas
County; TCEQ PST ID No. 72525; 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. (Troy D. Nelson, Mike Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 29. |
Docket No. 2002-0385-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Bettye Irby dba Wayne Irby Oil Company in
Concho 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. (Gary Shipp, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 30. |
Docket No. 2002-0973-PST-E. Consideration of an Agreed Order assessing
administrative penalties against United Petroleum Transports, Inc. in Howard
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, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 31. |
Docket No. 2002-0504-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Abdel Abunijmeh dba Star
1 in Johnson County; Petroleum Storage Tank Facility ID No. 0008948; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Commission on Environmental Quality. (Jorge Ibarra, P.E.,
Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 32. |
Docket No. 2002-0315-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Spidle & Spidle, Inc. in Jefferson 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. (Susan
Kelly, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 33. |
Docket No. 2002-0917-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Sitton Oil and Marine Company, Inc. in Jefferson
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, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 34. |
Docket No. 2002-0894-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Sarbali Oil, Inc. dba Jasper Fuel Company in
Jefferson 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, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 35. |
Docket No. 2002-0585-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Office Creek Corporation dba S & S Beer and
Wine #3 in Denton County; Petroleum Storage Tank Facility ID No. 0068900; 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, Michael Meyer) |
|
| Remanded to Executive Director, RH/KW. All Agree |
|
| Item 36. |
Docket No. 2002-0618-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jesse Drury and Kim Drury
dba Kim's Mini Mart in Nacogdoches County; Petroleum Storage Tank Facility
No. 08594; 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, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 37. |
Docket No. 2002-0670-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jaishnu Malhotra dba J. A.
M. Food Store in Palo Pinto County; Petroleum Storage Tank Facility ID No.
0006226; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7
and 26 and the rules of the Texas Commission on Environmental Quality. (Jorge
Ibarra, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 38. |
Docket No. 2002-0572-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Go-Crete in Dallas County;
Petroleum Storage Tank Facility ID No. 1238; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 39. |
Docket No. 2002-0473-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Nadir Ali dba Get N Go #1
in DeWitt County; Petroleum Storage Tank Facility ID No. 35540; 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, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
|
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
|
| Item 40. |
Docket No. 2002-0527-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Husein Esmail dba Arcola
Food Market in Fort Bend County; Public Water Supply No. 0790362; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Commission on Environmental Quality. (Rebecca Johnson, Michael
Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 41. |
Docket No. 2002-0551-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Victoria County W.C.I.D. No. 2 in Victoria
County; Public Water Supply ID No. 2350006; for drinking water quality violations
pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission
on Environmental Quality. (Edward R. Moderow, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 42. |
Docket No. 2002-0061-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Johnson Utilities, Inc. dba
Branchwood WSC in Polk County; TCEQ PWS ID No. 1870158; for public
drinking water violations pursuant to ch. 13 of the Texas Water Code and the rules of
the Texas Commission on Environmental Quality. (John Sumner, Mike Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 43. |
Docket No. 2002-0455-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of HMW Special Utility
District dba Kickapoo Farms Subdivision in Harris County; Public Water Supply
No. 1011766 and Certificate of Convenience and Necessity No. 10342; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water
Code ch. 13, and the rules of the Texas Commission on Environmental Quality.
(Catherine Albrecht, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 44. |
Docket No. 2002-0861-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Woodbine Water Supply
Corporation in Cooke County; Public Water Supply No. 0490018; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Commission on Environmental Quality. (Judy Fox, Michael Meyer) |
|
| Issue agreed order, RH/RM. All Agree |
| |
|
RULE MATTERS |
|
| Item 45. |
Docket No. 2002-0967-RUL. Consideration of the adoption of the following
amended section of 30 TAC Chapter 5, Advisory Committees and Groups: |
|
|
Section 5.13, Meetings. |
|
|
The adoption would add an exception that allows a committee or subcommittee to
meet in closed session for the purpose of developing or reviewing licensing
examination questions or related materials. The proposed rule was published in the
October 11, 2002 issue of the Texas Register (27 TexReg 9542). (Richard Craig,
Ramon Dasch, Debra Barber) (Rule Log No. 2002-054-005-AD) |
|
| Approve adoption of amended section of 30 TAC Chapter 5, RH/RM. All Agree |
|
| Item 46. |
Docket No. 2002-1423-RUL. Consideration for publication of, and hearing on,
proposed new Sections 90.50, 90.52, 90.54, 90.56, 90.58, 90.60, 90.62, 90.64, 90.66,
90.68, 90.70, and 90.72 of 30 TAC Chapter 90, Regulatory Flexibility and
Environmental Management Systems. |
|
|
The proposed revisions to Chapter 90 implement Texas Water Code, §5.755, added by
House Bill 2912, 77th Legislature, 2001, which directs the commission to develop an
initial rule for a strategically directed regulatory structure that will provide incentives
for enhanced environmental performance based on a person's compliance history
classification and voluntary measures undertaken by the person to improve
environmental quality. A person may apply for regulatory incentives by meeting the
criteria regarding compliance history and voluntary measures and either the regulatory
flexibility requirements found in Chapter 90, Subchapter B; the requirements for using
an environmental management system found in Chapter 90, Subchapter C; the
requirements for flexible permits under 30 TAC Chapter 116; or the requirements for
programs authorized as innovative by the executive director. A person may not apply
for incentives under the occupational licensing programs or other programs
specifically exempted by statute. These proposed rules also contain provisions that
provide for a single point of contact within the agency for innovative programs; allow
the person or executive director to terminate the regulatory incentives granted under
these rules; and require the applicant to provide notice and allow an opportunity for
public comment. (Chris Brown, David Guarino, Dan Joyner, Kathy Ramirez) (Rule
Log No. 2001-072-090-AD) |
|
| Approve publication and hearing on 30 TAC Chapter 90, Subchapter B, RM/KW. All Agree |
| |
| Item 47. |
Docket No. 2003-0035-RUL. Consideration for publication of proposed new Section
335.26 and amended Sections 335.1 and 335.4 - 335.6 of 30 TAC Chapter 335,
Industrial Solid Waste and Municipal Hazardous Waste. |
|
|
The proposed rulemaking would change the timing of deed recordation and
notification rules for burial of livestock carcasses and exotic livestock carcasses from
agricultural operations to allow immediate burial. The proposed rules would also
allow the burial of small quantities of livestock carcasses and exotic livestock
carcasses on a farm without deed recordation or notice to the commission. (Tom
Weirich, Richard Egan, and Michael Bame) (Rule Log No. 2002-062-335-WS) |
|
| Continued to March 19, 2003 |
| |
| |
EXECUTIVE SESSION |
|
| Item 48. |
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. |
|
| Item 49. |
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. |
|
| Item 50. |
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. |
|
| (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. |