|
HEARING REQUESTS |
|
Item 1. |
Docket No. 2002-1138-MWD. Consideration of permit application #
14324-001, submitted by Walker Water Works, Inc., for a new permit
(TPDES Permit No. 14324-001), to authorize the discharge of treated domestic
wastewater at a daily average flow not to exceed 50,000 gallons per day. The
facility will be located approximately 1,000 feet northwest of the intersection of
Brazoria County Road 197 and Brazoria County Road 171 in Brazoria
County, Texas. The Commission will also consider any requests for
reconsideration, hearing requests, related responses and replies, public
comment and the Executive Director's response to comments. (Robin
Smith/Zdenek Matl) |
|
Deny request for reconsideration, and adopt Executive Directors response to comments, and
grant the permit, RM/RH. All Agree |
|
Item 2. |
Docket No. 2002-1143-AIR. Consideration of application by Laboratory
Tops, Inc. for a new permit at an existing facility to authorize manufacturing of
laboratory work surfaces previously authorized under Permit by Rule. The
facility is located at 206 Allison Drive, Taylor, Williamson 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. (Orlando Vasquez/Garrett Arthur) |
|
Continued to November 20, 2002 |
|
|
AGRICULTURAL ENFORCEMENT AGREED ORDER |
|
Item 3. |
Docket No. 2001-1070-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Randi L. Willis dba
Willis Dairy in Comanche County; Texas Pollutant Discharge Elimination
System Permit No. 03543; for water quality violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Commission on Environmental
Quality. (Michael Limos, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
|
AGRICULTURAL ENFORCEMENT DEFAULT ORDER |
|
Item 4. |
Docket No. 2001-0602-AGR-E. Consideration of a Default Order assessing
administrative penalties against Russell Johnson dba Russell Johnson Dairy
in Hopkins County; TCEQ ID No. None; for dairy operation water quality
violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the
Texas Commission on Environmental Quality. (Diana Grawitch) |
|
Issue default order, RH/RM. All Agree |
|
|
AIR ENFORCEMENT AGREED ORDERS |
|
Item 5. |
Docket No. 2001-1578-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Austin in
Travis County; Air Account No. TH-0004-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. (Robert Mikesh,
Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 6. |
Docket No. 2002-0428-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Cantera Resources,
Inc. dba Pueblo Gas Processing Plant in Eastland County; Air Account No.
EA-0007-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. (George Ortiz, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 7. |
Docket No. 2001-1395-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Champagne-Webber,
Incorporated Texas in Ellis County; Air Account No. 92-9099-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.
(Jorge Ibarra, P.E., Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 8. |
Docket No. 2002-0168-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Dynacast Mfg. Inc. in
Comal County; Air Account No. CS-0037-U; Air Permit No. 9863; 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.
(Malcolm A. Ferris, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 9. |
Docket No. 2002-0319-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Enduro Systems, Inc.
dba Enduro Composite Inc. in Harris County; Air Account No. HG-3363-C;
for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex.
Water Code ch. 7, and the rules of the Texas Commission on Environmental
Quality. (Rebecca Johnson, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 10. |
Docket No. 2002-0084-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Frank Flores dba Lull's Public Scales and
Scales Drive In in Hidalgo County; TCEQ Air Account ID No. HN-0454-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. (Sandra Hernandez Alanis, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 11. |
Docket No. 2002-0582-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Silver Pines Energy Corporation in Harris
County; Air Account No. HX-2915-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. (Sheila Smith, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 12. |
Docket No. 2001-0237-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against The Army and Air Force Exchange Service
in El Paso County; TCEQ ID No. EE-1213-R; for air quality violations
pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety Code,
ch. 7 of the Tex. Water Code, and the rules of the Texas Commission on
Environmental Quality. (Shannon Strong) |
|
Issue agreed order, RH/RM. All Agree |
|
|
EDWARDS AQUIFER ENFORCEMENT AGREED ORDERS |
|
Item 13. |
Docket No. 2002-0571-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties against Brushy Creek Municipal Utility District in
Williamson County; Edwards Aquifer Protection Program No. 00050301; for
water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Commission on Environmental Quality. (Lawrence King,
Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 14. |
Docket No. 2001-1173-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties against Dean Word Company, Ltd. in Comal
County; Edwards Aquifer Protection Program Project No. 1603.00; for water
quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of
the Texas Commission on Environmental Quality. (Malcolm A. Ferris, Kent
Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
|
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED
ORDER |
|
Item 15. |
Docket No. 2002-0082-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Wilford LeBlanc in
Chambers County; Solid Waste Registration No. F0963; for industrial &
hazardous 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. (Tom Jecha, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
|
INDUSTRIAL WASTE ENFORCEMENT AGREED ORDER |
|
Item 16. |
Docket No. 2002-0123-IWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of New Millennium
Homes, Inc. in Montgomery County; Texas Pollutant Discharge Elimination
System Permit 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. (Catherine Albrecht, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
|
MULTI-MEDIA ENFORCEMENT AGREED ORDER |
|
Item 17. |
Docket No. 2001-0860-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of AGE Refining, Inc. in
Bexar County; Air Account No. BG-0103-P, Air Permit No. 6113, and
Petroleum Storage Tank Facility ID No. None; for air quality and 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. (Malcolm A. Ferris, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
|
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER |
|
Item 18. |
Docket No. 2002-0242-MSW-E. Consideration of an Agreed Order assessing
administrative penalties against Pumpelly Oil, Inc. in Orange County; TCEQ
Used Oil Registration No. A85722; 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. (Susan
Kelly, Kent Heath) |
|
See Item #55 |
|
|
MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER |
|
Item 19. |
Docket No. 2001-1502-MSW-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Roberto Minor dba
A&P Auto Services in Bell County; TCEQ MSW ID No. WA-0007; for
municipal solid waste violations pursuant to the Texas Solid Waste Disposal
Act, ch. 361 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code,
and the rules of the Texas Commission on Environmental Quality. (Diana
Grawitch) |
|
Issue default order, RH/RM All Agree |
|
|
MUNICIPAL WASTE ENFORCEMENT AGREED ORDERS |
|
Item 20. |
Docket No. 2001-0074-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Dalhart in
Hartley County; Water Quality Permit No. 10099-001, National Pollutant
Discharge Elimination System Permit No. TX0057207, and Texas Pollutant
Discharge Elimination System Permit No. 10099-001; for water quality
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Ronnie Kramer, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 21. |
Docket No. 2001-0310-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Fort Bend Properties, Inc. in Harris County;
Texas Pollutant Discharge Elimination System (TPDES) Permit No.
12812-001; for water quality violations pursuant to chs. 7 and 26 of the Tex.
Water Code and the rules of the Texas Commission on Environmental Quality.
(Alfred Okpohworho) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 22. |
Docket No. 2001-1311-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Runaway
Bay in Wise County; Texas Pollutant Discharge Elimination System Permit
No. 10862-001, Water Quality Permit No. 10862-001, and National Pollutant
Discharge Elimination System Permit No. TX0026689; for water quality
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Sushil Modak, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
|
MUNICIPAL WASTE ENFORCEMENT DEFAULT ORDER |
|
Item 23. |
Docket No. 2001-1212-MWD-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of The Windfern
Corporation in Harris County; TCEQ ID No. 13509-001; for water quality
violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the
Texas Commission on Environmental Quality. (Alfred Okpohworho) |
|
Issue default order, RH/RM. All Agree |
|
|
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
|
Item 24. |
Docket No. 2002-0236-PST-E. Consideration of an Agreed Order assessing
administrative penalties against CBF Holdings, Inc. dba Star Stop #3 in
Taylor County; Petroleum Storage Tank Facility ID No. 0009802; 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
Easley, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 25. |
Docket No. 2002-0038-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of City Stop,
Incorporated dba City Stop #21 in Cameron County; Petroleum Storage
Tank Facility ID No. 15839; for petroleum storage tank violations pursuant to
Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Jaime Garza, Kent Heath) |
|
Continued to November 20, 2002, RH/RM All Agree |
|
Item 26. |
Docket No. 2002-0237-PST-E. Consideration of an Agreed Order assessing
administrative penalties against E-Z Mart Stores, Inc. in Galveston County;
Petroleum Storage Tank Facility ID No. 0010254; 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.
(Catherine Sherman, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 27. |
Docket No. 2002-0401-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Harlingen
Consolidated Independent School District in Cameron County; Petroleum
Storage Tank Facility No. 54006; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Sandra Hernandez Alanis, Kent
Heath) |
|
Continued to December 4, 2002, RM/KW. All Agree |
|
Item 28. |
Docket No. 2002-0388-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Brijesh Patel and
Seema Patel dba Lakeside Food Mart in Houston County; Petroleum
Storage Tank Facility No. 0025511; 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, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 29. |
Docket No. 2002-0159-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Morris Moore Chevrolet - Buick, Inc. in
Hardin County; Petroleum Storage Tank Facility ID No. 0031462; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26
and the rules of the Texas Commission on Environmental Quality. (Susan
Kelly, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 30. |
Docket No. 2002-0318-PST-E. Consideration of an Agreed Order assessing
administrative penalties against the City of Port Arthur in Jefferson County;
Petroleum Storage Tank Facility ID No. 0074849; 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, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 31. |
Docket No. 2001-1060-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Khalil El-Kasih dba C&D Groceries in
Waller County; TCEQ ID No. 0053896; for petroleum storage tank violations
pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas
Commission on Environmental Quality. (Diana Grawitch) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 32. |
Docket No. 2001-0959-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Tri-Con, Inc. in Orange County; TCEQ
Permit No. None; for petroleum storage tank violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Commission on Environmental
Quality. (Susan Kelly, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 33. |
Docket No. 2002-0238-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Carrie Ann LeMaire
dba Texas Avenue Food Store in Galveston County; Petroleum Storage Tank
Facility ID No. 0034473; for petroleum storage tank violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Catherine Albrecht, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 34. |
Docket No. 2002-0305-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Sur Valley Transport Company dba Sur
Valle Transport Company in Nueces 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. (Audra
Baumgartner, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 35. |
Docket No. 2002-0296-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Nizar Varani dba Star Food Mart in Dallas
County; Petroleum Storage Tank Facility ID No. 0040216; 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. (Alayne Furgurson, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 36. |
Docket No. 2002-0281-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Antonio Lopez dba Sonora Tire Service in
Sutton County; Petroleum Storage Tank Facility ID No. 32175; for petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules
of the Texas Commission on Environmental Quality. (Mark Newman, Kent
Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 37. |
Docket No. 2002-0126-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Petro-Chemical Transport, Inc. in Dallas
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. (Subhash Jain, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 38. |
Docket No. 2001-1195-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Marsh Transportation Company in Orange
County; TCEQ Permit No. None; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural
Commission on Environmental Quality. (Susan Kelly, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 39. |
Docket No. 2002-0279-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Robert Ramirez dba Kings Food and Gas in
Lubbock County; Petroleum Storage Tank Facility ID No. 34078; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26
and the rules of the Texas Commission on Environmental Quality. (Mark
Newman, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
|
PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS |
|
Item 40. |
Docket No. 2002-0121-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jack Lynn Tillman
Jr. dba Hinnies Bar & Grill in Palo Pinto County; Public Water Supply No.
1820072; for drinking water quality violations pursuant to Tex. Health & Safety
Code ch. 341 and the rules of the Texas Commission on Environmental
Quality. (Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 41. |
Docket No. 2001-1314-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Meyer & Meyer Investments Inc. dba Royal
Trailer Park in Scurry County; Public Water Supply No. 2080008; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch.
341 and the rules of the Texas Commission on Environmental Quality. (Brian
Lehmkuhle, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
Item 42. |
Docket No. 2001-0958-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Texas Parks and
Wildlife Department in Jasper County; Public Water Supply ID No.
1210054; for drinking water quality violations pursuant to Tex. Health & Safety
Code chs. 341 and 361, Tex. Water Code chs. 7 and 26, and the rules of the
Texas Commission on Environmental Quality. (Susan Kelly, Kent Heath) |
|
Issue agreed order, RH/RM. All Agree |
|
|
BUDGET MATTERS |
|
Item 43. |
Docket No. 2002-1069-BGT. For Commission Action pursuant to Texas
Water Code Section 11.329; and 30 TAC Section 12.1; 12.3; 12.5 and 304.61-
304.63 of the Commission Rules, the Executive Director requests that the
Commission consider Watermaster costs of administration for the fiscal year
beginning September 1, 2002, and ending August 31, 2003, for appropriators in
the South Texas Water Division, which consists of the Nueces, San Antonio,
Guadalupe and Lavaca River Basins, as well as the Lavaca-Guadalupe, San
Antonio-Nueces and Nueces-Rio Grande Coastal Basins, except that part of the
Nueces-Rio Grande Coastal Basin in Hidalgo, Cameron, Willacy and Starr
Counties, and approve $509,811 as the amount to be assessed, with the
assessment per account to consist of a $50.00 base charge plus a use fee and/or
a storage fee calculated from the authorized acre-feet, and a penalty of 5.0% of
any delinquent fee due shall be imposed on a person who fails to pay the
required fee when due and if the person fails to pay the fee within 30 days after
the day which the fee is due, an additional 5.0% penalty shall be imposed.
Delinquent fees will accrue interest beginning on the 61st day after their due
date. The yearly interest rate on all delinquent fees required under this title is
the prime rate plus one percent, as published in the Wall Street Journal on the
first day of each calendar year that is not a Saturday, Sunday, or legal holiday.
Penalties and/or interest fees may be waived by the Executive Director for good
cause. (Al Segovia, Pat Hooper) |
|
Approve staff recommendations, RH/RM. All Agree |
|
Item 44. |
Docket No. 2002-1041-BGT. For Commission Action. Pursuant to Texas
Water Code Section 11.329; and 30 TAC Section 12.1; 12.3; 12.5 and 303.71 -
303.73 of the Commission Rules, the Executive Director requests that the
Commission consider Watermaster costs of administration for the fiscal year
beginning September 1, 2002, and ending August 31, 2003, for appropriators in
the Rio Grande Water Division, which extends from Fort Quitman, Texas to
the mouth of the Rio Grande River, excluding the watersheds of the Pecos and
Devils Rivers; and includes that portion of the Nueces-Rio Grande Coastal
Basin lying in Hidalgo, Cameron, Willacy and Starr Counties; and approve
$625,000.00 as the amount to be assessed, with the assessment per account to
consist of a $50.00 base charge plus a use fee and/or a storage fee calculated
from the authorized acre-feet, and a penalty of 5.0% of any delinquent fee due
shall be imposed on a person who fails to pay the required fee when due and if
the person fails to pay the fee within 30 days after the day which the fee is due,
an additional 5.0% penalty shall be imposed. Delinquent fees will accrue
interest beginning on the 61st day after their due date. The yearly interest rate
on all delinquent fees required under this title is the prime rate plus one
percent, as published in the Wall Street Journal on the first day of each calendar
year that is not a Saturday, Sunday, or legal holiday. Penalties and/or interest
fees may be waived by the Executive Director for good cause. (Carlos
Rubinstein, Pat Hooper) |
|
Approve Staff Recommendations, RH/RM. All Agree |
|
|
EMERGENCY ORDER TO AFFIRM, MODIFY OR SET ASIDE |
|
Item 45. |
Docket No. 2002-1204-MWD. Consideration of whether to affirm, modify or
set aside an Emergency Order issued after a request by the City of Iowa Park
(Iowa Park) pursuant to Texas Water Code section 5.509 and 30 Texas
Administrative Code sections 35.301 - 35.303. The Executive Director granted
the Emergency Order on October 9, 2002. The Order will expire 45 days after
issuance. The Emergency Order allows Iowa Park to divert its wastewater flow
into a temporary holding pond approximately 200' x 500' x 6' in size on
city-owed property adjacent to the facility while it performs repairs to the
sludge scraper mechanism in the clarifier. The Emergency Order grants a
variance to any liner and buffer zone requirements and any plans and
specifications approval for the temporary holding pond. Once the repairs are
complete, the regular operation of the facility must resume and the contents of
the temporary holding pond must be pumped back to the head of the facility for
treatment. Iowa Park must then demolish the temporary holding pond and
return the land to its previous use. Iowa Park is authorized to operate its
wastewater treatment facility under Texas Pollutant Discharge Elimination
System Permit No. 10691-002. The facility is located southwest of the City of
Iowa Park, approximately 0.25 mile west of Farm-to-Market Road 368 and 1
mile north of Farm-to-Market Road 367 in Wichita County, Texas. Iowa Park
sought the Emergency Order to prevent any potential discharge of untreated
wastewater to an unnamed tributary, then to Buffalo Creek, then to the Wichita
River below Diversion Lake in Segment No. 0214 of the Red River Basin.
(Todd Burkey, Zdenek Matl) |
|
Affirm Order, RM/RH. All Agree |
|
|
RULE MATTERS |
|
Item 46. |
Docket No. 2002-1172-RUL. Consideration for publication of, and hearing on,
amendments to 30 TAC Chapter 20, Rulemaking, Section 20.9, Submission of
Documents; and Section 20.15, Petition for Adoption of Rules; and the repeal
of Section 20.19, Working Committees and Groups. |
|
|
As a result of the quadrennial review of this chapter, Section 20.9 would be
reworded to clarify the deadline for the submission of documents to the
executive director. Section 20.15 would include an update of the agency's
name. Section 20.19 would repeal the section, because the rule language is
already more appropriately addressed in Chapter 5, Advisory Groups. (Debi
Dyer, Jason Haas) (Rule Log No. 2002-060-020-AD) |
|
Approve publication and hearing, RH/KW. All Agree |
|
Item 47. |
Docket No. 2002-0411-RUL. Consideration for adoption of proposed
amendments to Subchapter C, Volatile Organic Compound Transfer
Operations, Division 2, Filling of Gasoline Storage Vessels (Stage I) for Motor
Vehicle Fuel Dispensing Facilities, Section 115.227; and Subchapter C,
Division 4, Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle
Fuel Dispensing Facilities, Sections 115.240 - 115.249; of 30 TAC Chapter
115, Control of Air Pollution from Volatile Organic Compounds. The
commission also adopts revisions to the state implementation plan (SIP)
narrative, Stage II Vapor Recovery Program SIP Revision. The commission
will submit these amended rule sections and revised SIP narrative to the United
States Environmental Protection Agency (EPA) as revisions to the SIP. These
amendments to Chapter 115 require more frequent testing of vapor recovery
systems at gasoline dispensing facilities in lieu of adopting the California
Enhanced Vapor Recovery (EVR) program rules, while continuing to maintain
the federal requirement for a 95% vapor recovery rate. The amendments also
require that Stage II vapor recovery systems be compatible with onboard
refueling vapor recovery equipment mandated by the federal government. The
proposed rules were published in the July 12, 2002 issue of the Texas Register
(27 TexReg 6197). (Ashley Forbes, Alan Henderson) (Rule Log No.
2002-012-115-AI) |
|
Adoption of proposed amendments to 30 TAC Chapter 115 and related revisions to the state
implementation plan (SIP) narrative and submission of the amended rule sections and revised
SIP narrative to the United State Environmental Protection Agency as revisions to the SIP. 30
TAC Chapter 115, RH/KW. All Agree |
|
Item 48. |
Docket No. 2002-0781-RUL. Consideration for adoption of an amendment to
30 TAC Chapter 292, River Authorities, Subchapter A, General Provisions,
Section 292.1, Objective and Scope of Rules; and addition of a name change
for Chapter 292 (from "River Authorities" to "Special Requirements for Certain
Districts and Authorities") to the adoption so that the name more clearly
describes the entities to which the chapter applies. |
|
|
The revision to Chapter 292 implements Senate Bill 2, Section 1.01, 77th
Legislature, 2001, by adding 11 additional river authorities to ensure that
Chapter 292 includes all the river authorities listed in Texas Water Code,
Section 9.010. The proposal was published in the July 21, 2002 issue of the
Texas Register (27 TexReg 6662). (Diego Abrego, Jason Haas, Joseph
Thomas) (Rule Log No. 2002-053-292-WT) |
|
Approve adoption of amendments to 30 TAC Chapter 292, RH/KW. All Agree |
|
Item 49. |
Docket No. 2002-1196-RUL. Consideration for publication of proposed
amended Section 9.1 and new Sections 9.10 - 9.17 of 30 TAC Chapter 9,
Training for Commissioners; and amended Section 10.7 of Chapter 10,
Commission Meetings. |
|
|
The proposed revisions would incorporate existing language in Chapter 9 into
Subchapter A, Training for Commissioners, and create a new Subchapter B,
Employee Training and Education, which establishes eligibility, obligations,
reimbursement, and recordkeeping and reconfirms at-will status of employees
for the training and education programs at the agency. The proposed revisions
would also eliminate the requirement in Chapter 10 for audio recordings of
commission meetings to serve as the minutes. Instead, the meeting minutes
would be prepared by the chief clerk's office, approved by general counsel, and
state the subject of each deliberation and indicate each vote, order, decision, or
other action taken. An audio recording of each commission open meeting
would still be required. (Willie Bell, Tracey Lee Williamson, Clifton Wise)
(Rule Log No. 2002-067-009-AD) |
|
Reposted as Item #54 |
|
|
STATE IMPLEMENTATION PLAN MATTER |
|
Item 50. |
Docket No. 2002-1236-SIP. Consideration for the proposal of, and hearing on,
revisions to the state implementation plan (SIP) concerning the maintenance
plan for the Victoria County ozone attainment area. This SIP proposal
contains current monitoring data along with an updated emissions inventory
and is reformatted to conform to the current SIP style used by the commission.
(Kelly Keel, Alan Henderson) (Rule Log Number 2002-047-SIP-AI) |
|
Approve proposal and hearing on revisions, RH/RM. All Agree |
|
|
EXECUTIVE SESSION |
|
Item 51. |
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. |
|
Commission met in Executive Session, no action taken |
|
Item 52. |
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. |
|
Commission met in Executive Session, no action taken |
|
Item 53. |
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. |
|
Commission met in Executive Session, no action taken |
|
|
(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 |