| HEARING REQUEST |
Item 1. |
Docket No. 2003-0586-AIR. Consideration of application by Frank Bartel
Transportation, Inc. for New Standard Permit No. 49976 to authorize the
construction of a concrete batch plant. The proposed facility site is located on the
west side of Aubrey Industrial Park Road, 4,000 feet east of Highway 377, near
Aubrey, in Denton 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. (Helga Chatelle, Dan Joyner) |
Deny all hearing requests as a matter of law, and remand the application to the Executive Director for
processing as uncontested, RH/KW. All Agree |
| WATER OPERATOR CERTIFICATION MATTER |
Item 2. |
Docket No. 2003-0635-WTR. Consideration of an application from Syed Hyder
d/b/a River Side Wastewater Treatment Plant ("River Side") for an order
requiring the disconnection of water service for nonpayment of sewer service charges
in accordance with the requirements of Title 30, Section 291.88(e) of the Texas
Administrative Code. River Side requests an order from TCEQ that would require
Brushy Water Supply Corporation to terminate water service under specified
conditions to certain customers for nonpayment of undisputed bills for sewer service
provided by River Side in Brazos County. (Todd Burkey, Elsie Pascua) |
Dismiss application, RH/RM. All Agree |
| AGRICULTURAL ENFORCEMENT AGREED ORDERS |
Item 3. |
Docket No. 2002-1364-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jewel Alt dba Alt Dairy
Farm in Hamilton County; Water Quality Permit No. 04108; 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. (Merrilee Gerberding, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 4. |
Docket No. 2002-1082-AGR-E. Consideration of an Agreed Order assessing
administrative penalties against Frisia Farms Dairy #1, L.L.C. in Erath County;
Water Quality Permit No. 03199; for agriculture 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. (Stacey Young, David
Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 5. |
Docket No. 2000-0466-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of B&S Cattle Feeders, L.L.C.
in Hopkins County; TCEQ ID No. None; for confined animal feeding operation and
water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of
the Texas Commission on Environmental Quality. (James P. Biggins, David Speaker) |
Issue agreed order, RH/KW. All Agree |
| AIR QUALITY ENFORCEMENT AGREED ORDERS |
Item 6. |
Docket No. 2002-1159-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Richard Alonso dba Alonso Inspections in Dallas
County; TCEQ ID No. None; 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. (Judy Fox, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 7. |
Docket No. 2003-0021-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Arnold Crushed Stone, Inc. in Hill County; Air
Account No. HO-0003-T; 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.
(Miriam Hall, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 8. |
Docket No. 2002-1409-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Nasim Shakeeb dba Clark Road Mobil in Dallas
County; Air Account No. DB-5358-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, including specifically 30 Texas
Administrative Code ch. 60. (Carl Schnitz, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 9. |
Docket No. 2002-0924-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Hilcorp Energy Company in Liberty County; Air
Account No. LH-0271-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, including specifically 30 Tex. Admin. Code ch. 60. (Suzanne
Walrath, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 10. |
Docket No. 2002-1362-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Oiltanking Houston, L.P. in Harris County; Air
Account No. HG-0531-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, including specifically 30 Texas Administrative Code ch. 60.
(Gilbert Angelle, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 11. |
Docket No. 2002-1134-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Sterlin Stringer dba Stringer's Auto in Orange
County; Air Account No. OC-0380-H and Regulated Entity Reference Number
101929248; 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. (John Barry,
David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 12. |
Docket No. 2002-1084-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Tri-Union Development Corporation in Brazoria
County; Air Account No. BL-0004-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, including specifically 30 Texas
Administrative Code ch. 60. (Stacey Young, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 13. |
Docket No. 2001-0033-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against and requiring certain actions of Sid Richardson
Gasoline, Ltd. in Winkler County; TCEQ Air Account Nos. WM-0010-W &
WM-0011-U; for air quality violations pursuant to the Texas Clean Air Act, Tex.
Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26, and the rules of the
Texas Commission on Environmental Quality. (David Speaker) |
Reposted as #61 |
Item 14. |
Docket No. 2000-1385-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of BFI Waste Systems of
North America, Inc. in Bexar County; TCEQ ID No. BG-0734-U; for air quality
violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382,
Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental
Quality. (James P. Biggins, David Speaker) |
Continued to August 20, 2003, RH/KW. All Agree |
Item 15. |
Docket No. 2003-0248-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against The Kippur Corporation in El Paso County; Air
Account No. 95-0074-P; for air quality violations pursuant to Tex. Health & Safety
Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on
Environmental Quality, including specifically 30 Texas Administrative Code ch. 60.
(Jill Kelley, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 16. |
Docket No. 2003-0105-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Sebastian Cotton and Grain, Ltd. in Hidalgo
County; TCEQ Air Account ID No. HN-0137-I and Regulated Entity ID No.
RN100840537; 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. (Jaime Garza,
David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 17. |
Docket No. 2002-1318-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Masters Resources, LLC in
Chambers County; Air Account No. CI-0175-U; for air quality violations pursuant to
Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Commission on Environmental Quality, including specifically 30 Texas
Administrative Code ch. 60. (Trina Grieco, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 18. |
Docket No. 2002-1184-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of EPGT Texas Pipeline, L.P.
in Sutton County; Air Account Nos. SQ-0031-C, SQ-0053-P and SQ-0095-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, including
specifically 30 Texas Administrative Code ch. 60. (Sheila Smith, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 19. |
Docket No. 2002-1233-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Diamond Shamrock
Refining Company, L.P. in Live Oak County; Air Account Number LK-0009-T; 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. (Edward R. Moderow,
David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 20. |
Docket No. 2002-0953-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Cambs Marine Service, L.
L. C. in Jefferson County; Air Account No. JE-0901-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, including specifically 30 Texas
Administrative Code ch. 60. (Suzanne Walrath, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
| EDWARDS AQUIFER ENFORCEMENT AGREED ORDER |
Item 21. |
Docket No. 2003-0130-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties against Brinker Texas, LP dba Chili's Restaurant in
Williamson County; Edwards Aquifer Protection Program File No. 98102202; 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. (Lawrence King, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
| INDUSTRIAL HAZARDOUS WASTE DEFAULT ORDER |
Item 22. |
Docket No. 1999-0412-IHW-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Western Environmental of
Oklahoma, L.L.C. in Medina County; EPA ID No. TXR 000029330; Solid Waste
Registration No. F0237; for industrial and 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. (Richard S. O'Connell, David Speaker) |
Issue default order, RH/KW. All Agree |
| INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
Item 23. |
Docket No. 2002-1417-IWD-E. Consideration of an Agreed Order assessing
administrative penalties against Chemicals Incorporated in Chambers County;
Texas Pollutant Discharge Elimination System Permit No. 03713-000; 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. (Kimberly McGuire, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 24. |
Docket No. 2002-0839-IWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Drilling Specialties
Company LLC dba DSC Drilling Specialties Company LLC in Montgomery
County; Texas Pollutant Discharge Elimination System Permit No. 02475-000; 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, David Van
Soest) |
Issue agreed order, RH/KW. All Agree |
| MULTI-MEDIA ENFORCEMENT AGREED ORDER |
Item 25. |
Docket No. 2002-0661-MLM-E. Consideration of an Agreed Order assessing
administrative penalties against Robert Bader and Cindy Bader in Medina County;
Air Account No. MJ-0058-A and Unauthorized Site No. MSW-455130037; 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, including specifically 30 Texas Administrative Code ch. 60.
(Laurie Eaves, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
| MULTI-MEDIA ENFORCEMENT DEFAULT ORDER |
Item 26. |
Docket No. 2000-0059-MLM-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Jeff Lyon dba A-1 Metal
Recyclers in McCulloch County; EPA ID No. TXR 000030940; Solid Waste
Registration No. 86353; Air Account No. MA-0050-S; for water quality, air quality,
and industrial and hazardous waste violations pursuant to the Tex. Health & Safety
Code chs. 361 and 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas
Commission on Environmental Quality. (Richard S. O'Connell, David Speaker) |
Issue default order, RH/KW. All Agree |
| MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER |
Item 27. |
Docket No. 2002-0664-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Weslaco in
Hidalgo County; Municipal Solid Waste Permit No. 697; for municipal solid waste
violations pursuant to Tex. Health & Safety Code chs. 361 and 371, Tex. Water Code
ch. 7, and the rules of the Texas Commission on Environmental Quality. (Sandra
Hernandez Alanis, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
| MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
Item 28. |
Docket No. 2002-1122-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Flying J Inc in Taylor
County; Petroleum Storage Tank Facility ID No. 0069778; 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. (Gloria Stanford, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 29. |
Docket No. 2002-1251-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Clinton Lynn in Robertson County; RN No.
102717634; 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. (Laurie Eaves, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 30. |
Docket No. 2002-1323-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Troy in Bell
County; Texas Pollutant Discharge Elimination System Permit No. 11263-001; 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. (Michael Meyer, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 31. |
Docket No. 2003-0011-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Harris County Municipal Utility District No. 166 in
Harris County; Water Quality Permit No. 12474-001; 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.
(Sheila Smith, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
| PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
Item 32. |
Docket No. 2002-1099-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Syed H. Ali dba Blanco
Groceries in Bexar County; Petroleum Storage Tank Facility ID No. 39465; 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, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 33. |
Docket No. 2002-1325-PST-E. Consideration of an Agreed Order assessing
administrative penalties against King Fuels, Inc. in Galveston County; TCEQ ID
No. None, Regulated Entity No. 103004602; 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.
(Trina Grieco, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 34. |
Docket No. 2002-0976-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Hoang Van Nguyen dba Nick's Grocery in
Jefferson County; Petroleum Storage Tank Facility No. 0047601; 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. (John Barry, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 35. |
Docket No. 2001-1081-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Hall Grapevine Corporation dba Hall Johnson
Chevron in Tarrant County; TCEQ PST Facility ID No. 69604; for petroleum
storage tank violations pursuant to the Tex. Water Code chs. 7 and 26, Tex. Health
and Safety Code ch. 382, and the rules of the Texas Commission on Environmental
Quality. (Lisa Lemanczyk, David Speaker) |
Issue agreed order, RH/KW. All Agree |
Item 36. |
Docket No. 2002-0770-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Kayani-1, Inc. in Jefferson County; TCEQ PST ID
No. 0073462; for petroleum storage tank violations pursuant to the Tex. Water Code
chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality,
including specifically 30 Tex. Admin. Code ch. 60. (Diana Grawitch, David Speaker) |
Remanded to Executive Director |
Item 37. |
Docket No. 2002-1219-PST-E. Consideration of an Agreed Order assessing
administrative penalties against United Petroleum Transports, Inc. in El Paso
County; TCEQ ID No.: None; for petroleum storage tank violations pursuant to the
Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Diana
Grawitch, David Speaker) |
Issue agreed order, RH/KW. All Agree |
Item 38. |
Docket No. 2003-0447-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Skinny's Inc. in Taylor,
Nolan, Stephens, Coleman, McCulloch, Tom Green, Lampasas, and McLennan
Counties; TCEQ ID Nos. 6849, 6850, 6852, 6857, 17208, 37688, 30746, 50086,
44904, 53745, 37674, 37671, 7178, 10983; 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 Speaker). |
Issue agreed order, RH/KW. All Agree |
Item 39. |
Docket No. 2000-0295-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Skinny's Inc. in Taylor,
Scurry, Mitchell, Callahan, Stephens, Brown, Coryell, and Hill Counties; TCEQ
ID Nos. 6851, 55673, 68705, 19830, 44901, 6856, 37613, 44226, 37670, 7177, and
7188, ; 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 Speaker) |
Issue agreed order, RH/KW. All Agree |
Item 40. |
Docket No. 2002-0518-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Rio Concho Aviation, Inc. in
Tarrant County; PST ID No. 30048; for petroleum storage tank violations pursuant
to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Rebecca Nash Petty, David Speaker) |
Issue agreed order, RH/KW. All Agree |
Item 41. |
Docket No. 2000-1258-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ron Laney Oil Co. Inc. in
Baylor County; TCEQ PST ID Nos. 8311 and 8319; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Robin Chapman, Gitanjali Yadav, David
Speaker) |
Issue agreed order, RH/KW. All Agree |
Item 42. |
Docket No. 2001-1186-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Spur Services, Inc. dba
Spur Texaco in El Paso County; Petroleum Storage Tank Facility ID No. 0065593;
for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and
the rules of the Texas Commission on Environmental Quality. (A. Sunday Udoetok,
David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 43. |
Docket No. 2002-0441-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Pilkington's Big Tex Oil Distributors, Inc. in Bell
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. (J. Craig Fleming, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 44. |
Docket No. 2002-0728-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Lamesa in
Dawson County; Petroleum Storage Tank Facility ID No. 0061969; for petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Commission on Environmental Quality. (Merrilee Gerberding, David Van
Soest) |
Issue agreed order, RH/KW. All Agree |
Item 45. |
Docket No. 2002-1367-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Glazer's Wholesale Drug Company, Inc. in Harris
County; Petroleum Storage Tank Facility ID No. 0040849; 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, David Van Soest)
|
Issue agreed order, RH/KW. All Agree |
| PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS |
Item 46. |
Docket No. 2002-1406-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jackson County Water
Control and Improvement District No. 1 in Jackson County; Public Water Supply
ID No. 1200003; for drinking water quality violations pursuant to Tex. Health &
Safety Code ch. 341 and the rules of the Texas Commission on Environmental
Quality, including specifically 30 Texas Administrative Code ch. 60. (Audra
Baumgartner, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 47. |
Docket No. 2002-1042-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Lower Valley Water District in El Paso County;
Public Water Supply No. 0710154; for drinking water quality violations pursuant to
Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on
Environmental Quality, including specifically 30 Texas Administrative Code ch. 60.
(Subhash Jain, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 48. |
Docket No. 2002-1347-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Hydro Conduit of Texas, LP dba Rinker Materials
Moor-Tex in Austin County; Public Water Supply No. 0080047; for drinking water
quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the
Texas Commission on Environmental Quality, including specifically 30 Texas
Administrative Code ch. 60. (Brian Lehmkuhle, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 49. |
Docket No. 2002-1267-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Southwest Utilities, Inc. dba
Piney Point Subdivision Water System in Montgomery County; Public Water
Supply No. 1700061 and Certificate of Convenience and Necessity No. 11740; 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,
including specifically 30 Texas Administrative Code ch. 60. (Catherine Albrecht,
David Van Soest) |
Issue agreed order, RH/KW. All Agree |
Item 50. |
Docket No. 2002-0462-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Pelican Bay in
Tarrant County; Public Water Supply ID No. 2200164; 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, David Van Soest) |
Issue agreed order, RH/KW. All Agree |
| WATER RIGHT ENFORCEMENT AGREED ORDER |
Item 51. |
Docket No. 2003-0001-WR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Red River County Water
Control & Improvement District 1 - Langford Creek in Red River County;
District No. 7234000; for water rights violations pursuant to Tex. Water Code ch. 11
and the rules of the Texas Commission on Environmental Quality, including
specifically 30 Texas Administrative Code ch. 60. (Brian Lehmkuhle, David Van
Soest) |
Issue agreed order, RH/KW. All Agree |
| MODIFY, AFFIRM, OR SET ASIDE EMERGENCY ORDER |
Item 52. |
Docket No. 2003-0631-UCR-E. Consideration of whether to Modify, Affirm, or Set
Aside an Emergency Order issued on June 2, 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 to address the abandonment of a retail public utility
(Utility) by M. Roger Boyd dba Rocket Water Company, in Oak Forest, Section 2,
which is located approximately 16 miles north-northwest of downtown San Marcos on
Farm to Market Road 967 in Hays County (TCEQ PWS No. 1050128), and in
Briarwood/the Woodlands, which is located approximately three miles northwest of
downtown San Marcos in Hays County (TCEQ PWS No. 1050139); CCN No.
12776; to ensure continued operation of the Utility; and to provide continuous and
adequate service to customers. The Emergency Order appointed Stan Putman as
temporary manager of the Utility. (Richard S. O'Connell) |
Deny hearing request and Affirm Emergency Order, RH/KW. All Agree |
| DISTRICT MATTER |
Item 53. |
Docket No. 2003-0269-DIS. Consideration of an application of William N. Carl, as
president of Triton Lots, Inc. landowner (Petitioner), for dissolution of Harris
County Municipal Utility District No. 137 (District) in Harris County. The
Petitioner requests that the Commission dissolve the District pursuant to Texas Water
Code, Sections 49.321 to 49.327. (TCEQ Internal Control No. 02182003-D09; Rob
Cummins, John Deering) |
Approve dissolution of Harris County Municipal Utility District No. 137, RM/KW. All Agree |
| RULE MATTERS |
Item 54. |
Docket No. 2003-0645-RUL. Consideration of a petition for rulemaking filed by an
individual, received on May 12, 2003, requesting a rulemaking to limit the future use
of properties where pet cemeteries are operated. If approved, the amendment would
be to 30 TAC Chapter 330, Municipal Solid Waste. (Geoff Kirshbaum, Joseph
Thomas) (Rule Log No. 2003-036-PET-WS) |
Deny petition, RH/KW. All Agree |
Item 55. |
Docket No. 2003-0608-RUL. Consideration for publication of, and hearing on,
proposed amendments to 30 TAC Chapter 114, Control of Air Pollution from Motor
Vehicles, Sections 114.50, 114.52, and 114.53; and corresponding revisions to the
state implementation plan (SIP). |
|
These proposed amendments to Chapter 114 and corresponding revisions to the Texas
inspection and maintenance (I/M) SIP would delay for one year the start of the I/M
program for vehicles registered in Chambers, Liberty, and Waller Counties. This
program requires tailpipe emissions testing during annual state inspections of vehicles.
The early participation incentive program for vehicle inspection stations in those
counties would also be delayed for one year. This program allows for reimbursements
from the agency to vehicle inspection stations for emissions testing equipment if
certain requirements are met. There would be no change to either program other than
the delay of the start dates. (Ray Schubert, Garrett Arthur, Joseph Thomas) (Rule
Log No. 2003-034-114-AI) |
Approve publication of and hearing on proposed amendments to 30 TAC Chapter 114, Control of Air
Pollution from Motor Vehicle, and corresponding revisions to the state implementation plan, RM/RH.
All Agree |
| EXECUTIVE SESSION |
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. |
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. |
Move that the Commission authorize the General Counsel to prepare and deliver a letter to the
Attorney General regarding the effect of HB 2554, on the TSP Development, LTD matter since it
appears that HB 2554 has rendered the results of the appeal in Carl J. Monk et al. V. Robert J. Huston,
et al, moot, and I would move we authorize the General Counsel to prepare said letter, RH/RM. All
Agree |
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. |
(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. |