Kathleen White
Ralph Marquez
Larry Soward
AGENDA
Wednesday, December 3, 2003
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
8:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S
EXECUTIVE SESSION
Item 1. 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.
Commissioners did not meet in closed session.
Item 2. 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.
Commissioners did not meet in closed session.
Item 3. 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.
Commissioners did not meet in closed session.
OLD BUSINESS AGENDA
Wednesday, December 3, 2003
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S
Item continued from agendas of November 5 & 19, 2003.
Item 1. Docket No. 2003-0632-RUL. Consideration of the adoption of proposed amendments to 30 TAC Chapter 101, General Air Quality Rules; Subchapter F, Emissions Events and Scheduled Maintenance, Startup, and Shutdown Activities; Division 3, Operational Requirements, Demonstrations, and Actions to Reduce Excessive Emissions; Sections 101.221 - 101.223; and corresponding revisions to the Texas state implementation plan.
The amendments would establish the outcome of proving specific criteria regarding certain unauthorized emissions, and would modify the rules to improve implementation. The proposed rules were published in the July 25, 2003 issue of the Texas Register (28 TexReg 5787). (Brad Toups, Janis Hudson, Alan Henderson) (Rule Log Number 2003-038-101-AI)
Continued to the December 17, 2003 agenda.
AGENDA
Wednesday, December 3, 2003
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S
HEARING REQUEST
Item 1. Docket No. 2003-1088-AIR. Consideration of application by Vulcan Construction Materials, LP for renewal of Air Quality Permit No. 188K; to authorize the continued operation of its asphalt concrete plant. The plant site is located approximately 0.5 miles southeast of IH-20 and 0.5 miles south of FM 570 on Powerplant Road near Eastland, Eastland 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. (Wesley Smith /Garrett Arthur)
Deny the hearing request, adopt the Executive Director’s response to comments, and issue the renewal of the permit. RM/KW; all agree.
AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 2. Docket No. 2001-1005-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dennis Schouten, Cornelius Schouten, and Nicholas Schouten, dba Dennis Schouten Dairy in Erath County; TCEQ ID No. 04133-000; for 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, Benjamin J. de Leon)
Re-posted as Item 35.
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 3. Docket No. 1999-0005-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tyson Fresh Meats, Inc. formerly known as IBP, Inc. in Potter County; TCEQ ID No. PG-0024-R; 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. (Lisa Lemanczyk, Benjamin J. de Leon)
Approve the agreed order. KW/LS; all agree.
Item 4. Docket No. 2002-0786-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chevron Phillips Chemical Company, LP in Jefferson County; TCEQ Air Account No. JE-0508-W and Air Permit Nos. 5215 A, 21101 and 18568; 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, Tom Greimel)
Approve the agreed order. KW/LS; all agree.
Item 5. Docket No. 2003-0372-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of APAC-Texas, Inc. in Dallas County; Air Account No. 92-2632-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. (Wendy Cooper, Tom Greimel)
Approve the agreed order. KW/LS; all agree.
Item 6. Docket No. 2003-0295-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Chevron Phillips Chemical Company, L. P. in Harris County; Air Account No. HG-0310-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, including specifically 30 Texas Administrative Code ch. 60. (Suzanne Walrath, Tom Greimel)
Approve the agreed order. KW/LS; all agree.
Item 7. Docket No. 2003-0008-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sherwin Alumina, L.P. in San Patricio County; Air Account No. SD-0037-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, including specifically 30 Texas Administrative Code ch. 60. (Edward R. Moderow, Tom Greimel)
Approve the agreed order. KW/LS; all agree.
Item 8. Docket No. 2001-1103-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Union Carbide Corporation in Galveston County; Air Account No. GB-0076-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 Texas Administrative Code ch. 60. (Trina Grieco, Tom Greimel)
Item remanded to the Executive Director.
Item 9. Docket No. 2002-0903-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Duke Energy Field Services, LP in Sutton County; Air Account No. SQ-0013-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. (Gloria Stanford, Tom Greimel)
Approve the agreed order. KW/LS; all agree.
EDWARDS AQUIFER ENFORCEMENT AGREED ORDER
Item 10. Docket No. 2002-0606-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against O'Quinn Land and Cattle Company, Ltd. in Hays County; TCEQ ID. No. 01061301; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Snehal R. Patel, Benjamin J. de Leon)
Approve the agreed order. KW/LS; all agree.
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 11. Docket No. 2000-1417-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jeff Walker Jr. dba Walker Brothers Construction Co. in Newton County; TCEQ ID No. 455100030; for municipal solid waste violations and air 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. (Shannon Strong, Benjamin J. de Leon)
Approve the agreed order. KW/LS; all agree.
Item 12. Docket No. 2001-0639-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Joe Branch dba Joe's Sand Pit in Tarrant County; TCEQ ID No. 455040126; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (Shannon Strong, Benjamin J. de Leon)
Approve the agreed order. KW/LS; all agree.
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 13. Docket No. 2002-0402-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Robert Lavern dba Cottonwood Creek MHP in Dallas County; TCEQ ID No. None; for water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code chs. 7, 26, and Sec. 5.702, and the rules of the Texas Commission on Environmental Quality. (Cheryl Thompson, Tom Greimel)
Approve the agreed order. KW/LS; all agree.
Item 14. Docket No. 2002-1008-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Whitehouse in Smith County; Texas Pollutant Discharge Elimination System Permit No. 11222-001; 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. (Carolyn V. Lind, Tom Greimel)
Approve the agreed order. KW/LS; all agree.
Item 15. Docket No. 2002-1232-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Quail Creek Municipal Utility District in Victoria County; Texas Pollutant Discharge Elimination System Permit No. 12226-001; 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. (Edward R. Moderow, Tom Greimel)
Approve the agreed order. KW/LS; all agree.
Item 16. Docket No. 2003-0141-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Double Diamond Utilities Co. in Palo Pinto County; Texas Pollutant Discharge Elimination System Permit No. 02789-201A; 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. (David Van Soest, Tom Greimel)
Approve the agreed order. KW/LS; all agree.
ON SITE SEWAGE FACILITY INSTALLER ENFORCEMENT AGREED ORDER
Item 17. Docket No. 2003-0605-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jack Meek dba J & A Septic Service in Eastland County; On-Site Septic Sewage Facility Installer No. None; for licensing violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Judy Fox, Tom Greimel)
Approve the agreed order. KW/LS; all agree.
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 18. Docket No. 2002-0770-PST-E. Consideration of an Agreed Order assessing administrative penalties against Kayani-1, Inc. in Jefferson County; TCEQ 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, Benjamin J. de Leon)
Approve the agreed order. KW/LS; all agree.
Item 19. Docket No. 2003-0791-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ameriasia International, Inc. dba Stop N Shop Mart in Tarrant County; Petroleum Storage Tank Facility ID No. 0070761; 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. (Wendy Cooper, Tom Greimel)
Approve the agreed order. KW/LS; all agree.
Item 20. Docket No. 2002-1188-PST-E. Consideration of an Agreed Order assessing administrative penalties against Azaan Enterprises, Inc. dba Parkview Citgo in Harris County; Petroleum Storage Tank Facility ID No. 0069485; 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. (Kimberly McGuire, Tom Greimel)
Approve the agreed order. KW/LS; all agree.
Item 21. Docket No. 2003-0260-PST-E. Consideration of an Agreed Order assessing administrative penalties against Midland Farmers Cooperative in Midland County; Petroleum Storage Tank Facility ID No. 0002312; 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. (Jill Reed, Tom Greimel)
Approve the agreed order. KW/LS; all agree.
Item 22. Docket No. 2003-0470-PST-E. Consideration of an Agreed Order assessing administrative penalties against Sun Coast Resources, Inc. in Travis County; Regulated Entity ID 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. (Kent Heath, Tom Greimel)
Approve the agreed order. KW/LS; all agree.
Item 23. Docket No. 2003-0810-PST-E. Consideration of an Agreed Order assessing administrative penalties against Milk Products LLC dba Borden in Travis County; Petroleum Storage Tank Facility ID No. 3171; 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. (David Van Soest, Tom Greimel)
Approve the agreed order. KW/LS; all agree.
Item 24. Docket No. 2002-1181-PST-E. Consideration of an Agreed Order assessing administrative penalties against M K Family Limited Partnership dba Jiffy Mart #1 in Williamson County; Petroleum Storage Tank Facility ID No. 0022736; 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. (Suzanne Walrath, Tom Greimel)
Approve the agreed order. KW/LS; all agree.
Item 25. Docket No. 2003-0567-PST-E. Consideration of an Agreed Order assessing administrative penalties against FFP Transportation, L.L.C. in Travis County; RN No. 101492379; 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. (Kent Heath, Tom Greimel)
Approve the agreed order. KW/LS; all agree.
WATER RIGHT ENFORCEMENT AGREED ORDER
Item 26. Docket No. 2003-0317-WR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Port Lavaca in Calhoun County; Public Water Supply No. 0290002; for water rights violations pursuant to Tex. Water Code ch. 11 and the rules of the Texas Commission on Environmental Quality. (Kent Heath, Tom Greimel)
Approve the agreed order. KW/LS; all agree.
AFFIRM, MODIFY OR SET ASIDE EMERGENCY ORDERS
Item 27. Docket No. 2003-0927-UCR. Consideration of whether to affirm, modify, or set aside the Emergency Rate Increase Order issued by the Executive Director, without a hearing, on October 22, 2003 approving the application of William Sparks, Temporary Manager for Dorothy Howard Upton d/b/a Howard & Son Water Company (Utility), Certificate of Convenience and Necessity (CCN) No. 11123, for an emergency water rate increase in Grayson County, Texas. The order was issued pursuant to Sections 5.508 and 13.4133, Texas Water Code and 30 Texas Administrative Code, Section 35.202. The Utility serves approximately 66 total residential service connections in Grayson County, Texas. The emergency rates approved by the Executive Director only apply to the approximately 29 Utility service connections located outside the corporate limits of Pottsboro, Texas. The Emergency Rate Increase Order issued by the Executive Director authorized a rate increase from a monthly minimum including 1,000 gallons of $2.50 per connection to a monthly minimum including zero gallons of $36.11. The Emergency Rate Increase Order also authorized a rate increase from a gallonage charge of $1.00 per 1,000 gallons to $6.00 per 1,000 gallons. A monthly debt repayment surcharge of $10.00 was also approved to allow the Utility to begin payment to City of Pottsboro, Texas, for services received prior to the effective date of the emergency rates and beginning July 12, 2002. Other service fees and a pass through adjustment clause were also approved. The emergency rates would be effective October 22, 2003 for a period of 15 months or until a final rate is set, whichever occurs sooner. The emergency rate increase requested by the Applicant is necessary to ensure the provision of continuous and adequate services to the Utility’s customers. (Brian Dickey/Michelle Abrams/Geoff Kirshbaum)
Set aside the Emergency Rate Increase Order. KW/RM; all agree.
Item 28. Docket No. 2003-1214-MWD. Consideration of whether to affirm, modify or set aside an Emergency Order issued after a request by the City of La Joya pursuant to Texas Water Code, Section 5.509 and 30 Texas Administrative Code, Sections 35.301 through 35.303. The Executive Director granted the Emergency Order on October 10, 2003. The Order will expire 180 days after issuance. The Emergency Order increases the amount of land authorized for irrigation under Texas Commission on Environmental Quality Permit No. 12675-001 from 5.2 acres to 51.53 acres at a daily average flow not to exceed 175,000 gallons per day. The City of La Joya is authorized to operate its wastewater treatment facility and to dispose of its treated municipal wastewater through irrigation and evaporation under TCEQ Permit No. 12675-001. The facility is located approximately 1.5 miles south-southwest of the intersection of U.S. Highway 83 and Farm-to-Market Road 2521 in the City of La Joya, Hidalgo County, Texas. The City of La Joya sought the Emergency Order to prevent a possible breach in the levee of the facility’s holding pond, the final pond in a five-pond treatment system, caused by recent heavy rains and, thus, to prevent an uncontrolled release into water in the state. No discharge into water in the state is authorized by this Emergency Order. The discharge is to a field adjacent to the wastewater treatment facility that is not currently permitted. The City of La Joya has the required legal rights from the landowner to use the land for irrigation. The discharge is to land adjacent to unnamed tributaries that flow into the Rio Grande below Falcon Reservoir in Segment No. 2302 of the Rio Grande Basin. (John Williams, Kent Trede)
Affirm the Emergency Order, adopt the ED recommendation to modify the expiration term to expire 90 days after the issuance. KW/RM; all agree.
DISTRICTS MATTERS
Item 29. Docket No. 2003-0760-DIS. Consideration of an application of East Belt 8/90 Partners, Ltd. and Grizzard Partnership, Ltd., landowners (Applicants), for dissolution of Carpenter's Bayou Municipal Utility District (District) in Harris County. The Applicants request that the Commission dissolve the District pursuant to Texas Water Code, Sections 49.321 to 49.327. (TCEQ Internal Control No. 08202003-D01; Rob Cummins, Geoff Kirshbaum)
Approve the application of dissolution. RM/KW; all agree.
Item 30. Docket No. 2003-0616-DIS. Considerdation of an application of the City of Austin (Petitioner), for dissolution of Travis County Water Control and Improvement District No. 14 (District). The Petitioner requests that the Commission dissolve the District pursuant to Texas Water Code, Sections 49.321 to 49.327. (TCEQ Internal Control No. 05122003-D02; Rob Cummins; Gabriel Soto, Staff Attorney)
Approve the application of dissolution. KW/RM; all agree.
RULE MATTER
Item 31. Docket No. 2003-1399-RUL. Consideration of a petition for rulemaking under 30 TAC Section 20.15.
The petition was filed by the Environmental Law and Justice Center on behalf of the Coalition Against Ruffino Trash Transfer Station. The petitioner requests that a provision be added to 30 TAC Section 330.63, Duration and Limits of Permits. The added provision would cause issued municipal solid waste permits to expire automatically if operations at the facility do not commence within five years of permit issuance. (Wayne Harry, Anthony Tatu, Joseph Thomas) (Rule Project No. 2004-022-PET-NR)
Approve initiation of rulemaking, and refer matter to MSW advisory committee. KW/RM; all agree.
EXECUTIVE SESSION
Item 32. 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.
No action taken.
Item 33. 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.
No action taken.
Item 34. 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.
No action taken.
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ADDENDUM TO AGENDA
Wednesday, December 3, 2003
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S
Item 35. Docket No. 2001-1005-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dennis Schouten, Cornelius Schouten, and Nicholas Schouten, dba Dennis Schouten Dairy in Erath County; TCEQ ID No. 04133-000; 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 Tex. Admin. Code ch. 60. (James P. Biggins, Benjamin de Leon)
Continued to December 17, 2003. KW/LS; all agree.
OLD BUSINESS AGENDA
Wednesday, December 3, 2003
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
1:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S
Continued from June 18, July 23, September 10 and October 22, 2003 agendas.
Item 1. TCEQ Docket No. 2002-1115-UCR; SOAH Docket No. 582-03-0674. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the City of Elgin's Petition to Cancel Certificate of Convenience and Necessity No. 20120 in Bastrop County, Texas.
Continued to December 17, 2003 agenda. KW/RM; all agree.
AGENDA
Wednesday, December 3, 2003
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
1:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S
Item 1. TCEQ Docket No. 2002-0831-PWS-E; SOAH Docket No.582-03-3254. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties of Fred W. Rogge in Kendall County, Texas; Public Water Supply ID No. 1300040; regarding failure to adopt an adequate plumbing ordinance, regulations or service agreement, failure to replace the existing broken hatch cover on the ground storage tank, failure to post a sign identifying the name of the company and an emergency telephone number, failure to provide 240 gallons of total pressure storage, failure to provide accurate metering devices, and failure to provide drinking water with acceptable levels for iron and fluoride; violations pursuant to Tex. Water Code §§13.242 and 13.190; Texas Health & Safety Code §341.0315(c); 30 Texas Admin. Code §§(TAC) 290.46(i), 290.43(c)(2), 29046(t), 290.45(b)(1)(B)(iv), 290.44(d)(4), 290118, 291101(a), 291.21(a), and 288.20, and the rules of the Texas Commission on Environmental Quality.
Item remanded to the Executive Director.
Item 2. Docket No. 2002-0703-UCR. Consideration of a Motion to Overturn/Reconsideration filed by the City of Gunter concerning the Executive Director’s Order mailed on September 19, 2003 authorizing the conversion of Gunter Rural Water Supply Corporation to a special utility district and the creation of the Gunter Special Utility District located in Grayson and Collin Counties, Texas.
Motion to overturn withdrawn, item dismissed.
Item 3. Docket No. 2003-1105-IWD. Consideration of a Motion to Overturn concerning the Executive Director’s approval of the renewal of TPDES Permit No. 03021, issued to Tenaska III Texas Partners for its Paris Cogen Facility, a cogeneration power plant. The permit authorizes the discharge of cooling tower blowdown commingled with metal cleaning waste, low volume waste, and storm water runoff at a daily average flow not to exceed 375,000 gallons per day via Outfall 001; and storm water runoff on an intermittent and flow variable basis via Outfall 002. The facility is located 0.1 miles west of U.S. Highway 271 and 0.5 miles north of the intersection of U.S. Highway 271 and U.S. Highway 82, north of the City of Paris, Lamar County, Texas.
Grant Motion to Overturn, remand item to the Executive Director. RM/LS; all agree.
Item 4. Docket No. 2003-0752-MIS-U. Consideration of Appeal of the Executive Director's Negative Use Determination filed by Sabine Mining Company; in Harrison County; Application No. 01-5776. (Kerri Rowland, Ron Hatlett)
Appeal denied, approve the Executive Director’s Use Determination. KW/RM; LS opposed.
Item 5. Docket No. 2003-0755-MIS-U. Consideration of Appeal of the Executive Director's Use Determinations filed by San Patricio County Appraisal District; San Patricio County; Application Nos. 02-6938 and 02-6939 issued to TECHNIP-COFLEXIP dba Gulf Marine Fabricators. (Kerri Rowland, Ron Hatlett)
Appeal denied, approve the Executive Director’s Use Determination. KW/RM; LS opposed.