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HEARING REQUESTS |
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Item 1. |
Docket No. 98-1007-MSW. ELLIS COUNTY LANDFILL TX,
L.P. for a permit amendment (Proposed Permit Amendment No.
MSW-1745B) which will authorize horizontal and vertical
expansion to an existing Type I municipal solid waste management
facility. The amendment will increase the acreage of the currently
permitted 97.5 acres to 352.6 acres and will increase the maximum
fill height of the completed landfill up to a maximum elevation of
708 feet mean sea level. The waste acceptance rate will be an
average of approximately 2227 tons of municipal solid waste per
day, but will not be limited to this amount. The total remaining
capacity of the landfill that is available for disposal is approximately
44,050,00 in-place cubic yards. The permittee will be authorized to
dispose of municipal solid waste resulting from or incidental to
municipal, community, commercial, institutional, and recreational
activities; municipal solid waste resulting from construction or
demolition projects; certain Class I industrial waste which is Class I
because of its asbestos content; Class 2 industrial solid waste; Class
3 industrial solid waste; and special wastes that are properly
identified. The site will be authorized to operate 24 hours per day,
seven days per week. The facility is located approximately 4 miles
north of the City of Ennis, 0.75 miles north of the City of Garrett,
and 1.8 miles south of the City of Palmer, along IH-45 1.0 mile
north of intersection of IH-45 & FM-879 in Ellis County, Texas.
The Commission will consider the application and the hearing
requests that have filed on the application. |
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Remand to Executive Director |
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Item 2. |
Docket No. 98-1006-MSW. USA WASTE OF TEXAS
LANDFILLS, INC. for a permit amendment (Proposed Permit
Amendment No. MSW1565-A), to authorize a horizontal and
vertical expansion to an existing Type IV municipal solid waste
management facility. The amendment will increase the acreage from
the currently permitted 84.2738 acres to 118.1155 acres and will
increase the maximum height of the completed landfill from the
currently permitted height of approximately 127 feet mean sea level
to 144.11 feet mean sea level. The site will receive an estimated
5,000 cubic yards of solid waste per day. The total disposal capacity
of the facility is approximately 5,940,000 cubic yards. The permittee
is currently authorized to dispose of wastes approved for disposal at
a Type IV facility including brush, construction-demolition waste,
rubbish, inert material, man-made inert material, trash, and yard
waste which is free of putrescible waste; Class 2 industrial waste
that meets the definition of rubbish or construction-demolition
waste; Class 3 industrial waste; certain petroleum contaminated soil;
non-regulated asbestos-containing materials (non-RACM); empty
containers that were used for pesticides, herbicides, fungicides, or
rodenticieds; and used or scrap tires, if the tires have been split,
quartered, shredded, or chipped. The site is authorized waste from
6:00 a.m. to 6:00 p.m. Monday through Saturday. The facility is
located in Harris County at 8205 Fairbanks North Houston Road,
Houston, Texas, approximately 14 miles northwest of downtown
Houston. The site entrance is located on the west side of Fairbanks
North Houston Road, approximately 3 miles north of State Highway
290. The Commission will consider the application and the hearing
requests files on the application. |
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Approve amendment to Permit, JB/BM. All Commissioners Agree |
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Item 3. |
Docket No. 98-1062-AIR. ARCO CHEMICAL COMPANY for
renewal of Air Quality Permit No. 2993 to authorize the continued
operation of an existing Propylene Oxide and Styrene Monomer
Production Unit. the location of the existing facility is 2502 Sheldon
road in Channelview, Harris County Texas. The Commission will
consider the application and the hearing requests that have been
filed on the application. (Kerri Rowland/Paul Mix) |
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Approve Renewal of Permit, and Deny Hearing Request, RM/MB. All
Commissioners Agree |
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AIR ENFORCEMENT AGREED ORDERS |
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Item 4. |
Docket No. 98-0323-AIR-E. Consideration of an Agreed Order
assessing administrative penalties of Continental/Taurus Energy
Company, L.P. in Shackelford County; Account No. SH-0015-C; for
air quality violations pursuant to the Texas Clean Air Act, Texas
Health & Safety Code, Chapter 382, the Texas Water Code, Chapter
7, and the rules of the Texas Natural Resource Conservation
Commission. (Rodney Weeks) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Item 5. |
Docket No. 98-0324-AIR-E. Consideration of an Agreed Order
assessing administrative penalties of Continental/Taurus Energy
Company, L.P. in Fisher County; Account No. FD-0003-I; for air
quality violations pursuant to the Texas Clean Air Act, Texas Health
& Safety Code, Chapter 382, the Texas Water Code, Chapter 7, and
the rules of the Texas Natural Resource Conservation Commission.
(Rodney Weeks) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Item 6. |
Docket No. 98-0316-AIR-E. Consideration of an Agreed Order
assessing administrative penalties of Electra Resources, Inc. in
Wilbarger County; Account No. WI-0016-D; for air quality
violations pursuant to the Texas Clean Air Act, Texas Health &
Safety Code, Chapter 382, the Texas Water Code, Chapter 7, and
the rules of the Texas Natural Resource Conservation Commission.
(Connie Basel) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Item 7. |
Docket No. 98-0533-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Del Valle Grain, Inc. in Cameron County; Account No.
CD-0150-W; for air quality violations pursuant to the Texas Health
& Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the
rules of the Texas Natural Resource Conservation Commission.
(Martin Ramirez) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Item 8. |
Docket No. 98-0159-AIR-E. Consideration of an Agreed Order
assessing administrative penalties of Ryder Transportation Services
in El Paso County; Account No. EE-1046-M; for air quality
violations pursuant to the Texas Clean Air Act, Texas Health &
Safety Code, Chapter 382, and the rules of the Texas Natural
Resource Conservation Commission. (Stacey Young) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Item 9. |
Docket No. 98-0094-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Redman Homes, Incorporated in Johnson County; Account No.
JH-0092-W; for air quality violations pursuant to the Texas Clean
Air Act, Texas Health & Safety Code, Chapter 382, the Texas Water
Code, Chapter 7, and the rules of the Texas Natural Resource
Conservation Commission. (Suzanne Walrath) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Item 10. |
Docket No. 98-0134-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Jerry Vallade dba NuVal Machine Company in Harris County;
Account No. HX-1631-V; for air quality violations pursuant to the
Texas Water Code, Chapter 7, and the Texas Clean Air Act, Texas
Health & Safety Code, Chapter 382, and the rules of the Texas
Natural Resource Conservation Commission. (Miriam Hall) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Item 11. |
Docket No. 98-0296-AIR-E. Consideration of an Agreed Order
assessing administrative penalties of Occidental Chemical
Corporation in Harris County; Account No. HG-1451-S; for air
quality violations pursuant to the Texas Water Code, Chapter 7, the
Texas Health & Safety Code, Chapter 382, and the rules of the
Texas Natural Resource Conservation Commission. (Atiq Sediqi) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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AIR ENFORCEMENT DEFAULT ORDER |
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Item 12. |
Docket No. 97-1174-AIR-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of
Don Wagner dba Don's Auto Body in Dallas County; TNRCC ID
No. D-B4206-U;for air quality violations pursuant to the Texas
Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and
the rules of the Texas Natural Resource Conservation Commission.
(Bill Jang) |
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Issue Default Order, RM/BM. All Commissioners Agree |
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AGRICULTURAL ENFORCEMENT AGREED ORDER |
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Item 13. |
Docket No. 96-1907-AGR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Nicki Hicks dba Hicks Dairy in Erath County;TNRCC ID No.
03263; for water quality violations pursuant to Chapter 26 of the
Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Lisa Z. Hernandez) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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MUNICIPAL SOLID WASTE ENFORCEMENT AGREED
ORDER |
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Item 14. |
Docket No. 98-0050-MSW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Live Oak County in Live Oak County; MSW Transfer Station
Facility No. 40002; for municipal solid waste violations pursuant to
the Texas Solid Waste Disposal Act, Texas Health & Safety Code,
Chapter 361, and the Texas Water Code, Chapter 26, and the rules
of the Texas Natural Resource Conservation Commission. (John
Mead) |
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Issue Agreed Order, BM/JB. All Commissioners Agree |
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PETROLEUM STORAGE TANK ENFORCEMENT AGREED
ORDER |
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Item 15. |
Docket No. 98-0194-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Masih Corporation in Galveston County; PST Facility ID No.
35240; for Stage II vapor recovery system violations pursuant to
Texas Water Code, Chapter 7, and the Texas Health and Safety
Code, Chapter 382, and the rules of the Texas Natural Resource
Conservation Commission. (Tim Haase) |
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Issue Agreed Order, BM/RM. All Commissioners Agree |
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Item 16. |
Docket No. 98-0265-PST-E. Consideration of an Agreed Order
assessing administrative penalties of E-Z Mart Stores, Inc. in Tarrant
County; Facility ID: 0010478; for petroleum storage tank violations
pursuant to the Texas Water Code, and the rules of the Texas
Natural Resource Conservation Commission. (Sushil Modak) |
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Issue Agreed Order, BM/RM. All Commissioners Agree |
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Item 17. |
Docket No. 98-0047-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Richard Hetzel dba The Zephyr Store in Brown County; Petroleum
Storage Tank Facility ID No. 70138; for petroleum storage tank
violations pursuant to the Texas Water Code, Chapter 26, and the
rules of the Texas Natural Resource Conservation Commission.
(Mac Vilas) |
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Issue Agreed Order, BM/RM. All Commissioners Agree |
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MUNICIPAL WASTE DISCHARGE ENFORCEMENT
AGREED ORDER |
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Item 18. |
Docket No. 98-0018-MWD-E. Consideration of an Agreed Order
requiring certain actions of the Texas Department of Criminal
Justice; Permit 11180-002; for water quality violations and for
failure to pay water quality assessment fees, wastewater inspection
fees, aboveground storage tank fees, generation fees for hazardous
and nonhazardous waste, Public Health Service fees, waste
management beneficial land use permit fees, waterworks operator
certification fees, and conferences and seminar fees pursuant to the
Texas Water Code, Chapters 5 and 26, the Texas Health & Safety
Code, Chapters 341, 361 and 382, and the rules of the Texas Natural
Resource Conservation Commission. (Michael Meyer) |
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Issue Agreed Order, BM/JB. All Commissioners Agree |
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RULES |
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Item 19. |
Docket No. 98-0543-RUL. Consideration for adoption of
amendments to 30 TAC Chapter 113, Sections 113.100, 113.110,
113.120, 113.130, 113.140, 113.190, 113.220, 113.230, 113.250,
113.290, 113.360, 113.380; and new Sections 113.260, 113.350,
113.400, 113.420, and 113.670, concerning National Emission
Standards for Hazardous Air Pollutants for Source Categories. If
adopted, the amendments would incorporate by reference five
federal Maximum Achievable Control Technology (MACT)
standards for specific source categories. MACT standards are
applicable statewide to major and a limited number of non-major or
area sources which emit any of the United States Environmental
Protection Agency (EPA)-designated 188 hazardous air pollutants.
The level of control is based on the maximum level of control
achieved in practice within the industry. These five federal rules are
Group I Polymers and Resins, 40 Code of Federal Regulations
(CFR) 63, Subpart U; Offsite Waste and Recovery Operations,
Subpart DD; Shipbuilding and Ship Repair (Surface Coating),
Subpart II; Printing and Publishing, Subpart KK; and Group IV
Polymers and Resins, Subpart JJJ. The staff also requests approval
to seek formal delegation from EPA for the five new MACT
standards. The amendments would also incorporate by reference
changes that the EPA has made to the following previously adopted
MACT standards: General Provisions, Subpart A; Synthetic
Organic Chemical Manufacturing Industry, Subpart F; Synthetic
Organic Chemical Manufacturing Industry for Process Vents,
Storage Vessels, Transfer Operations, and Wastewater, Subpart G;
Organic Hazardous Air Pollutants for Equipment Leaks, Subpart H;
Certain Processes Subject to the Negotiated Regulation for
Equipment Leaks, Subpart I; Chromium Emissions from Hard and
Decorative Chromium Electroplating and Chromium Anodizing
Tanks, Subpart N; Gasoline Distribution Facilities, Subpart R;
Halogenated Solvent Cleaning, Subpart T; Secondary Lead
Smelting, Subpart X; and Aerospace Manufacturing and Rework
Facilities, Subpart GG. These amendments would also correct the
federal promulgation dates for two previously adopted MACT
standards which contain incorrect dates as adopted. The proposed
rules were published in the July 17, 1998, issue of the Texas
Register (23 TexReg 7355) (Ann Hammer/Steve Hagle) (Rule Log
No. 98014-113-AI). |
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Approve Adoption, RM/JB. All Commissioners Agree |
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Item 20. |
Docket No. 98-0249-RUL. Consideration for adoption of new 30
TAC Chapter 113, Subchapter D, concerning Designated Facilities
and Pollutants, new Sections 113.2060, 113.2061, 113.2067 and
113.2069, concerning Municipal Solid Waste Landfills; revisions to
the Texas Air Control Board Plan for the Control of Sulfuric Acid
Mist, Total Reduced Sulfur, and Fluoride Emissions from Existing
Facilities and the renaming of this plan to Texas State Plan for the
Control of Designated Facilities and Pollutants. The new
subchapter, new sections, and state plan revisions would establish
regulations to control air emissions from existing municipal solid
waste landfills. The proposal was published in the May 8, 1998
issue of the Texas Register (23 TexReg 4523-4526). (Beecher
Cameron, Alan Henderson) (Rule Log No. 96135-113-AI) |
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Approve Adoption, JB/BM. All Commissioners Agree |
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Item 21. |
Docket No. 98-1028-RUL. Consideration for withdrawal of four
previous State Implementation Plan (SIP) submittals, concerning the
Incineration rules (30 TAC Chapter 111, §§111.121-111.129),
which were submitted to the U.S. Environmental Protection Agency
(EPA) under Governor's letters, dated February 21, 1990; January
29, 1991; October 2, 1991; and June 3, 1992, but which to date have
not been approved by EPA and incorporated into the SIP. (Alan J.
Henderson) (Rule Log No. 98021-SIP-AI) |
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Approve withdrawal of four previous State Implementation Plan submittals,
RM/BM. All Commissioners Agree |
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Item 22. |
Docket No. 98-1104-RUL. Consideration for publication of
proposed amendments to 30 TAC Chapter 335, Subchapter A,
concerning Industrial Solid Waste and Municipal Hazardous Waste
in General, Subchapter H, concerning Standards for the
Management of Specific Wastes and Specific Types of Facilities,
and Subchapter O, concerning Land Disposal Restrictions. The
proposed rules would update the commission's hazardous waste
rules to address certain changes to the federal hazardous waste
regulations promulgated between May 4, 1998 and August 10, 1998,
primarily relating to the definition of solid waste and to hazardous
waste land disposal restrictions. (Ray Austin) (Rule Log No.
98041-335-WS) |
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Continued to November 4, 1998. |
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Item 23. |
Docket No. 98-0284-RUL. Consideration for adoption of
amendments to 30 TAC Chapter 37, Section 37.11, concerning
Definitions, and new Section 37.52, concerning Use of a Universal
Financial Assurance Mechanism for Multiple Facilities and Program
Areas. The new rule adds the option of a universal financial
assurance mechanism for owners or operators of facilities which are
authorized by rules from more than one program area. The proposal
was published in the June 5, 1998 issue of the Texas Register (23
TexReg 5937). (Linda Shirck/ Patricia Hershey) (Rule Log No.
97167-37-WS) |
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Approve Adoption, JB/RM. All Commissioners Agree |
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Item 24. |
Docket No. 98-0536-RUL. Consideration for publication of, and
hearing upon, proposed new 30 TAC Chapter 216, Subchapter B,
Sections 216.21-216.30, concerning Municipal Water Pollution
Control and Abatement. If approved, the proposed new subchapter
will require cities with populations of at least 10,000, and in which
water quality assessment reports have identified water pollution that
is not attributable to permitted sources, to implement measures to
control and abate water pollution within the city's jurisdiction, and
is proposed to implement the statutory requirements of Texas Water
Code, Section 26.177, relating to Water Pollution Control Duties of
Cities. (Arthur Talley) (Rule Log No. 97164-216-WT) |
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Approve Publication, with changes, JB/BM. All Commissioners Agree |
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EXECUTIVE SESSION |
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Item 25. |
Docket No. 98-1156-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. No final action,
decision or vote with regard to any legal or personnel matter
considered in the closed meeting shall be made in the absence of
further notice issued in accordance with Chapter 551 of the
Government Code. |
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Continued to October 8, 1998 |
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Item 26. |
Docket No. 98-1157-EXE. THE COMMISSION WILL
CONDUCT A CLOSED SESSION TO DISCUSS THEIR
DUTIES, ROLES, AND RESPONSIBILITIES AS
COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION
551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS
CHAPTER 551 OF THE GOVERNMENT CODE. No final action,
decision, or vote with regard to any matter considered in closed
session shall be made in the absence of further notice issued in
accordance with Chapter 551 of the Government Code. |
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Continued to October 8, 1998 |
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(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND
THE TNRCC 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 TNRCC
AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN
THE OFFICE OF 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. |
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