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HEARING REQUESTS |
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Item 1. |
Docket No. 2003-0449-AIR. Consideration of an application by The Scoular
Company to obtain Air Quality Permit No. 50867 to authorize the expansion of an
existing grain elevator. The existing grandfathered operations and facilities
authorized under Permit By Rule Registration No. 51214 are also incorporated into
the proposed permit. The facility is located at Highway 70 and County Road BB in
Plainview, Hale County, Texas. The Commission will also consider requests for
hearing or reconsideration, related responses and replies, public comment, and the
Executive Director's Response to Comments. (Catherine Nash/Garrett Arthur) |
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Grant hearing requests of Stephen and Carolyn Hastey and Joe D. Stanford; refer to State Office of
Administrative Hearings the issue: Will the air emissions from the facility, which are reduced, adversely
impact the health of the hearing requesters or their families, or their use and enjoyment of their
residences or property; direct duration of hearing to be 4 months from first day of the preliminary
hearing to issuance of the Proposal for Decision, with referral to ADR for 2- 4 weeks, RM/KW. All
Agree |
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Item 2. |
Docket No. 2003-0478-MWD. Consideration of application of City of Pearland for
a proposed new Texas Pollutant Discharge Elimination System (TPDES) Permit No.
10134-010, to authorize the discharge of treated domestic wastewater at a daily
average flow not to exceed 4,500,000 gallons per day. The facility is located on Dixie
Farm Road, approximately 2.8 miles southwest of the Interstate Highway 45 and Dixie
Farm Road interchange in Brazoria and Harris Counties, 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.
(Robert Brush/Julian Centeno) |
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Deny hearing request , grant the permit, and adopt the Executive Director's amended Response to
Comments and deny request for reconsideration, RM/RH. All Agree |
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Item 3. |
Docket No. 2003-0437-DIS. Consideration of an application by Memorial Point
Utility District (District) in Polk County to levy an operations and maintenance
standby fee pursuant to Texas Water Code, Section 49.231. The Commission will also
consider the hearing requests and related responses and replies. (TCEQ Internal
Control No. 01152002-D07; Rob Cummins, Todd Galiga) |
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Grant hearing request and remand to State Office of Administrative Hearings, through ADR, and if
mediation fails, limit to 2 months from day of preliminary hearing, to issuance of Proposal For
Decision, RH/RM. All Agree |
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AIR ENFORCEMENT AGREED ORDERS |
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Item 4. |
Docket No. 2002-0759-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Applied Industrial
Materials Corporation in Galveston County; Air Account No. GB-0131-D; for air
quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code
ch. 7, and the rules of the Texas Commission on Environmental Quality. (Catherine
Sherman, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 5. |
Docket No. 2002-1209-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Par Products in Collin County; Air Account No.
CP-0356-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, including specifically 30 Texas Administrative Code ch. 60. (Jorge Ibarra,
P.E., Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 6. |
Docket No. 2002-0478-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Shell Chemical, L. P. in
Harris County; Air Account No. HG-0659-W; 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, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 7. |
Docket No. 2002-0169-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Mohammad Khalaf dba Zoom Auto and Zoom
Automotive in Tarrant County; Air Account Nos. TA-4163-I and TA-4155-H; for
air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water
Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (David
Van Soest, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 8. |
Docket No. 2001-0349-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Huntsman Petrochemical
Corporation in Jefferson County; TCEQ 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. (Lisa
Uselton Dyar) |
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Issue agreed order, RH/RM. All Agree |
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Item 9. |
Docket No. 2001-0638-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Huntsman Petrochemical
Corporation in Jefferson County; TCEQ Air Account No. JE-0135-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. (Lisa
Uselton Dyar) |
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Issue agreed order, RH/RM. All Agree |
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Item 10. |
Docket No. 2002-0559-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Enbridge Pipelines (East
Texas), L.L.C. in Freestone County; Air Account No. FI-0028-G; 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. (Brian Lehmkuhle,
Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 11. |
Docket No. 2002-1247-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against TEPPCO Crude Pipeline, L.P. in Galveston
County; Air Account No. GB-0006-H; for air quality violations pursuant to Tex.
Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Commission on Environmental Quality, including specifically 30 Texas
Administrative Code ch. 60. (Merrilee Gerberding, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 12. |
Docket No. 2001-1384-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Duke Energy Field Services,
L.P. in Jasper County; TCEQ Air Account No. JC-0067-H; for air quality violations
pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules
of the Texas Commission on Environmental Quality. (Richard O'Connell, Lisa
Uselton Dyar) |
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Issue agreed order, RH/RM. All Agree |
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Item 13. |
Docket No. 2001-1335-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of The City of Socorro in El
Paso County; TCEQ Air Account ID No. EE-1399-W; 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. (Diana Grawitch, Lisa Uselton
Dyar) |
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Issue agreed order, RH/RM. All Agree |
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Item 14. |
Docket No. 2002-0399-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Richard E. Carroll dba D
and R Metal Finishing in Harris County; Air Account No. HG-1790-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. (Trina
Grieco, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 15. |
Docket No. 2001-1315-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Coastal Transport Company, Inc. in El Paso
County; TCEQ Air ID No. EE-2124-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. (Alfred Okpohworho, Lisa Uselton Dyar) |
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Issue agreed order, RH/RM. All Agree |
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Item 16. |
Docket No. 2003-0064-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Western Gas Resources, Inc. in Pecos County; Air
Account No. PE-0027-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, including specifically 30 Texas Administrative Code ch. 60.
(Sheila Smith, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 17. |
Docket No. 2002-1208-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Paul Peters dba Peters Auto Sales in Collin
County; RN 102843190; 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, including specifically 30 Texas Administrative Code ch. 60.
(Jorge Ibarra, P.E., Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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AIR ENFORCEMENT DEFAULT ORDER |
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Item 18. |
Docket No. 2000-0982-AIR-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of U.S. Stone, Inc., in Wise
County; TCEQ Air Account No. 93-8502-E; for air quality violations pursuant to
Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Commission on Environmental Quality. (James Biggins, Lisa Uselton Dyar) |
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Issue default order, RH/RM. All Agree |
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EDWARDS AQUIFER ENFORCEMENT AGREED ORDER |
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Item 19. |
Docket No. 2002-0320-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Keith Zars Pools, Inc. in
Bexar County; Edwards Aquifer Protection Program Project No. -2016.00; 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, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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IRRIGATORS ENFORCEMENT DEFAULT ORDER |
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Item 20. |
Docket No. 2002-0463-IRR-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Jess Berkebile dba Jess and
Ryan's Landscaping in Van Zandt and Tarrant Counties; TCEQ ID No. None; for
landscape irrigator installer violations pursuant to Tex. Water Code chs. 7 and 34 and
the rules of the Texas Commission on Environmental Quality, including specifically
30 Texas Admin. Code ch. 60. (Diana Grawitch, Lisa Uselton Dyar) |
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Issue agreed order, RH/RM. All Agree |
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MULTI-MEDIA MATTER ENFORCEMENT AGREED ORDERS |
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Item 21. |
Docket No. 2001-0406-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of George Mathis in Gonzales
County; Unauthorized Site No. 45514011; for air quality and municipal solid waste
violations pursuant to Tex. Health & Safety Code chs. 382 and 361, Tex. Water Code
chs. 7 and 26, and the rules of the Texas Commission On Environmental Quality.
(Edward Moderow, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 22. |
Docket No. 1998-1481-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Huntsman Petrochemical
Corporation in Jefferson County; TCEQ ID No. JE-0052-V; for air quality and
industrial and hazardous waste violations pursuant to Tex. Water Code, chs. 7 and 26,
Tex. Health & Safety Code chs. 361 and 382, and the rules of the Texas Commission
on Environmental Quality. (Lisa Uselton Dyar) |
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Issue agreed order, RH/RM. All Agree |
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Item 23. |
Docket No. 2002-1100-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Southern Wild Game, Inc.
in Frio 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, including specifically 30 Texas Administrative Code ch. 60. (Malcolm A.
Ferris, Shawn Stewart) |
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See Item # 61 |
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MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER |
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Item 24. |
Docket No. 2002-1328-MSW-E. Consideration of an Agreed Order assessing
administrative penalties against Veronica Diaz in Hidalgo County; TCEQ ID No.
HAW007; Regulated Entity ID No. RN102752789; 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, including specifically
30 Texas Administrative Code ch. 60. (Sandra Hernandez Alanis, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
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Item 25. |
Docket No. 2002-1336-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Military Highway Water Supply Corporation in
Hidalgo County; Texas Pollutant Discharge Elimination System Permit No.
13462-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26
and the rules of the Texas Commission on Environmental Quality, including
specifically 30 Texas Administrative Code ch. 60. (Steven Lopez, Shawn Stewart) |
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Remanded to Executive Director |
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Item 26. |
Docket No. 2001-0709-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Tom Bean in
Grayson County; TCEQ WQ Permit No. 10057-001 and NPDES Permit No.
TX0055212; for water quality violations pursuant to Tex. Water Code chs. 7 and 26
and the rules of the Texas Commission on Environmental Quality. (Laurencia
Fasoyiro, Lisa Uselton Dyar) |
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Issue agreed order, RH/RM. All Agree |
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Item 27. |
Docket No. 2002-0207-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Higgins in
Lipscomb County; Water Quality Permit No. 10572-001 (expired), National
Pollutant Discharge Elimination System Permit No. TX0070009 (expired), and Texas
Pollutant Discharge Elimination System Permit No. WQ10572-001; for water quality
violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code chs. 7 and
26, and the rules of the Texas Commission on Environmental Quality. (Ronnie
Kramer, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 28. |
Docket No. 2001-0644-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against the City of Prairie View in Waller 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. (Gitanjali Yadav,
Lisa Uselton Dyar) |
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Issue agreed order, RH/RM. All Agree |
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Item 29. |
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 Tex. Water
Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality.
(Alfred Okpohworho, Lisa Uselton Dyar) |
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Issue agreed order, RH/RM. All Agree |
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Item 30. |
Docket No. 2002-1156-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Thousand Trails,
Incorporated in Grayson County; Water Quality Permit No. 0014396-001; for water
quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Commission on Environmental Quality, including specifically 30 Texas
Administrative Code ch. 60. (Jorge Ibarra, P.E., Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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ON SITE SEWAGE FACILITY INSTALLERS AGREED ORDER |
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Item 31. |
Docket No. 2001-1563-OSI-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Gary Ward and Lisa Ward
dba Advanced Wastewater Services in Hardin and Tyler Counties; OSSF Installer
Certification Nos. 3557 and 6426; for licensing/certification violations pursuant to
Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas
Commission on Environmental Quality. (Terry Murphy, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
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Item 32. |
Docket No. 2002-0919-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Beaumont Country Club in Jefferson County;
Petroleum Storage Tank Facility ID No. 14627; 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, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 33. |
Docket No. 2002-1158-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Petroleum Wholesale, Inc. dba Sunmart #435 in
Montgomery County; Petroleum Storage Tank Facility ID No. 0045465; 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, including specifically 30 Texas Administrative Code ch. 60. (Rebecca
Johnson, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 34. |
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, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 35. |
Docket No. 2002-1009-PST-E. Consideration of an Agreed Order assessing
administrative penalties against J.F. Presley Oil Company in Gregg 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, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 36. |
Docket No. 2002-1153-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Hillard Saturn of Fort Worth, Incorporated dba
Saturn of Hurst in Tarrant County; Petroleum Storage Tank Facility ID No.
0066807; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7
and 26 and the rules of the Texas Commission on Environmental Quality, including
specifically 30 Texas Administrative Code ch. 60. (Jorge Ibarra, P.E., Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 37. |
Docket No. 2000-1271-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Mohammad Rahman dba Food Heaven in Tarrant
County; TCEQ PST ID No. 0072561; for petroleum storage tank violations pursuant
to Texas Water Code ch. 26, Tex. Health & Safety Code ch. 382, and the rules of the
Texas Commission on Environmental Quality. (Darren Ream, Lisa Uselton Dyar) |
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Issue agreed order, RH/RM. All Agree |
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Item 38. |
Docket No. 2002-0438-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Triangle Station, Inc. in Bell County; Petroleum
Storage Tank Facility ID No. 57896; for petroleum storage tank violations pursuant to
Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (J. Craig Fleming, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 39. |
Docket No. 2002-1179-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Sun Coast Resources, Inc. in Harris County; TCEQ
ID No. None and TCEQ Regulated Entity No. RN100529452; for petroleum storage
tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality, including specifically 30 Texas
Administrative Code ch. 60. (Catherine Sherman, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 40. |
Docket No. 2002-1246-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Jose M. Ramirez, Jr. dba Pepe's Exxon in Zapata
County; Petroleum Storage Tank Facility ID No. 45694; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality, including specifically 30 Texas
Administrative Code ch. 60. (Malcolm A. Ferris, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 41. |
Docket No. 2003-0120-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Bill L. Dover Company, Inc. dba Newton Jiffy
Market in Newton County; Petroleum Storage Tank Facility ID No. 0071924; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Commission on Environmental Quality, including specifically 30
Texas Administrative Code ch. 60. (Laura Clark, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 42. |
Docket No. 2002-1368-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Environmental Care, Inc. in Harris County;
Petroleum Storage Tank Facility ID No. 0071805; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality, including specifically 30 Texas
Administrative Code ch. 60. (Rebecca Johnson, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 43. |
Docket No. 2002-0909-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Hazaratali Momin dba
Honey Stop #2 in Orange County; Petroleum Storage Tank Facility No. 0024455;
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. (John Barry, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 44. |
Docket No. 2002-1149-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Dan Howell dba Dan D Mart in Tarrant County;
Petroleum Storage Tank Facility ID No. 0057595; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality, including specifically 30 Texas
Administrative Code ch. 60. (Jorge Ibarra, P.E., Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS |
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Item 45. |
Docket No. 2001-1159-PST-E. Consideration of a Default Order assessing
administrative penalties against and requiring certain actions of Miracle Wash, Inc.
dba Miracle Wash and Detail in Nueces County; Petroleum Storage Tank ID No.
48556; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and
26 and the rules of the Texas Commission on Environmental Quality. (Alfred
Okpohworho, Lisa Uselton Dyar) |
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Issue default order, RH/RM. All Agree |
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Item 46. |
Docket No. 2001-0005-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Star Tex Distributors, Inc.
in Harris County; TCEQ PST Facility ID No. 0028161; for petroleum storage tank
violations pursuant to Tex. Water Code ch. 7, Tex. Health & Safety Code ch. 382, and
the rules of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro,
Lisa Uselton Dyar) |
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Issue default order, RH/RM. All Agree |
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PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
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Item 47. |
Docket No. 2002-0730-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Tecon Water Company,
L.P. dba Tower Terrace, Simmons Shore, Mill Creek Meadows, Ridgecrest,
Westview Subdivision and Scenic View Estates in Chambers, Grayson, and Hood
Counties; Public Water Supply Nos. 0360069, 0910041, 0910080, 0910048,
0910035, and 1110039 and Certificate of Convenience and Necessity Nos. 12530,
11363, and 11464; 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. (Subhash Jain, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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Item 48. |
Docket No. 2000-0952-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Bayou Incorporated dba
Bayou Food Store in Galveston County; TCEQ PWS ID No. 0840171; for public
drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Commission on Environmental Quality. (Benjamin de Leon, Lisa
Uselton Dyar) |
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Issue agreed order, RH/RM. All Agree |
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Item 49. |
Docket No. 2002-0020-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Llano in Llano
County; TCEQ PWS ID No. 1500001; for public drinking water violations pursuant
to Tex. Health & Safety Code, ch. 341 and the rules of the Texas Commission on
Environmental Quality. (Shannon Strong, Lisa Uselton Dyar) |
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Issue agreed order, RH/RM. All Agree |
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Item 50. |
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, Shawn Stewart) |
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Issue agreed order, RH/RM. All Agree |
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PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER |
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Item 51. |
Docket No. 2001-1562-PWS-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Bert Dickens, Inc. dba Vista
Ranch Water Supply in Fayette County; TCEQ PWS Facility ID No. 0750039; for
public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Commission on Environmental Quality. (Shannon Strong, Lisa
Uselton Dyar) |
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Issue default order, RH/RM. All Agree |
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SLUDGE ENFORCEMENT AGREED ORDER |
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Item 52. |
Docket No. 2001-0399-SLG-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Charles Ray dba Charles
Ray Dirt and Septic Services in Howard County; TCEQ Transporter Registration
ID No. 20525; for water quality and sludge use, disposal, and transportation
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Alfred Okpohworho, Lisa Uselton Dyar) |
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Issue agreed order, RH/RM. All Agree |
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MODIFY, AFFIRM, OR SET ASIDE EMERGENCY ORDER |
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Item 53. |
Docket No. 2003-0378-PWS-E. Consideration of whether to Modify, Affirm, or Set
Aside an Emergency Order issued on April 16, 2003 by the Executive Director of the
Texas Commission on Environmental Quality pursuant to Tex. Water Code sections
5.501, 5.507, and 13.4132, Tex. Health & Safety Code ch. 341, and 30 Tex. Admin.
Code chs. 35, 288, 290, and 291 to address the abandonment of a retail public utility
(Utility) by Sandy Beach Villa Resort, Inc. dba Sandy Beach Recreational Park,
Public Water Supply No. 0250032 in Brown County, to ensure continued operation
of the Utility, and to provide continuous and adequate service to customers. The
Emergency Order appointed Patrick King as temporary manager of the Utility. (Diana
Grawitch) |
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Affirm emergency order, with change to date as recommended by Executive Director, RM/KW. All
Agree |
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PUBLIC WATER SUPPLY RENEWAL OF EMERGENCY ORDER |
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Item 54. |
Docket No. 2002-1342-PWS-E. Consideration of a Renewal Emergency Order
pursuant to Tex. Water Code Sections 5.501, 5.505, 5.507, and 13.4132 and 30 Tex.
Admin. Code Sections 35.22, 35.201, 291.142, and 291.143(a) to address the
continuing unauthorized abandonment of a retail public utility (Utility) by Patrick
Milliken dba P & M Service Company and Michael Privett dba P & M Service
Company, TCEQ PWS ID No. 0610070, in Denton County, to ensure continued
operation of the Utility, and to provide continuous and adequate service to the
Utility's customers. The Renewal Emergency Order renews the appointment of
George Oberdorf as temporary manager of the Utility. (Rebecca Nash Petty) |
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Approve Renewal of Emergency Order, RH/RM. All Agree |
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RULE MATTERS |
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Item 55. |
Docket No. 2003-0497-RUL. Consideration of a petition for rulemaking filed by
Waste Management of Texas, Inc. requesting that the commission amend 30 TAC
Section 330.114, Site Operating Plan and the petition for rulemaking filed by the City
of Dumas, North Texas Municipal Water District, Texoma Area Solid Waste
Authority, Republic Waste Services of Texas, Ltd., and Regional Land Management
Services, Ltd. requesting that the commission amend 30 TAC Sections 330.2,
Definitions and 330.114, Site Operating Plan. The petitioners request that the
commission revise the rules to amend certain language regarding the required level of
detail and specificity of municipal solid waste facility site operating plans. (Wayne
Lee, Steve Shepherd, Ray Austin) (Rule Log No. 2003-033-PET-WS) |
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Initiate rulemaking, and instruct the staff to expedite as quickly as possible, RH/RM. All Agree |
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EXECUTIVE SESSION |
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Item 56. |
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. |
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Commission met in Executive Session, no action taken |
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Item 57. |
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. |
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Commission met in Executive Session, no action taken |
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Item 58. |
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. |
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Commission met in Executive Session, no action taken |
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(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.) |
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REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE
REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN
YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM |