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AGRICULTURAL ENFORCEMENT DEFAULT ORDER |
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| Item 1. |
Docket No. 2001-1522-AGR-E. Consideration of a Default Order assessing
administrative penalties against Bauke Mulder dba B & A Dairy in
Hamilton County; TCEQ Water Quality Permit No. 04108; 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, Rich
O'Connell ) |
|
| Issue default order, RH/RM. All Agree |
| |
| |
AIR QUALITY ENFORCEMENT AGREED ORDERS |
|
| Item 2. |
Docket No. 2002-0303-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Containment Solutions, Inc. in Montgomery
County; Air Account No. MQ-0014-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. (Catherine Albrecht, Tom
Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 3. |
Docket No. 2002-0717-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Guardian Industries Corporation in
Navarro County; Air Account No. NB-0014-R; for air quality violations
pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the
rules of the Texas Commission on Environmental Quality. (Suzanne Walrath,
Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 4. |
Docket No. 2002-0623-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against HEC Petroleum, Incorporated in Chambers
County; Air Account No. CI-0100-F; 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, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 5. |
Docket No. 2002-0470-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Global Octanes Texas, L.P. in Harris
County; Air Account No. HG-3604-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. (Sheila Smith, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 6. |
Docket No. 2001-0496-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Jim Stinnett in El Paso County; TCEQ Air
Account EE-0812-T 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. (Robert
Hernandez, Rich O'Connell) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 7. |
Docket No. 2002-0477-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Tandem Energy Corporation in Harris
County; Air Account No. HG-0230-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. (Rebecca Johnson, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
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EDWARDS AQUIFER ENFORCEMENT AGREED ORDER |
|
| Item 8. |
Docket No. 2002-0432-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties against Bryan Jamail in Travis County; Edwards
Aquifer Protection Program No. 01081702; 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, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
|
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INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED
ORDER |
|
| Item 9. |
Docket No. 2002-0433-IHW-E. Consideration of an Agreed Order requiring
certain actions of Williams Terminals Holdings, L.P. in Harris County;
TCEQ SWR ID No. 31386; for solid waste and water quality 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. (Rich
O'Connell) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| |
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED
ORDER |
|
| Item 10. |
Docket No. 2002-0420-IWD-E. Consideration of an Agreed Order assessing
administrative penalties against VF Jeanswear, LP in El Paso County;
Environmental Protection Agency ID No. TX0001010859; for water quality
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Commission on Environmental Quality. (Terry McMillan, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
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MULTI-MEDIA ENFORCEMENT AGREED ORDER |
|
| Item 11. |
Docket No. 2002-0427-MLM-E. Consideration of an Agreed Order assessing
administrative penalties against Kendall County in Kendall County;
Petroleum Storage Tank Facility ID No. 43190; for petroleum storage tank and
municipal solid waste violations pursuant to Tex. Health & Safety Code ch.
371, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on
Environmental Quality. (Rebecca Clausewitz, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
|
| |
MUNICIPAL WASTE ENFORCEMENT AGREED ORDERS |
|
| Item 12. |
Docket No. 2001-1470-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Cargill, Incorporated
in Harris County; Texas Pollutant Discharge Elimination System Permit No.
12231-001; for water quality violations pursuant to Tex. Water Code chs. 7 and
26 and the rules of the Texas Commission on Environmental Quality. (Pamela
Campbell, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 13. |
Docket No. 2001-1552-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Krum in
Denton County; Texas Pollutant Discharge Elimination System Permit No.
10729-001; for water quality violations pursuant to Tex. Water Code chs. 7 and
26 and the rules of the Texas Commission on Environmental Quality. (Wendy
Cooper, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 14. |
Docket No. 2001-1118-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of
Georgetown in Williamson County; Texas Pollutant Discharge Elimination
System Permit No. 10489-002; for water quality violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Bradley Brock, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
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ON SITE FACILITY INSTALLERS ENFORCEMENT ORDER |
|
| Item 15. |
Docket No. 2001-1554-OSI-E. Consideration of an Agreed Order assessing
administrative penalties against David W. Black in Taylor County; On-Site
Sewage Facility Installer No. OS3798; for certification violations pursuant to
Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the
Texas Commission on Environmental Quality. (Laurie Eaves, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
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PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
|
| Item 16. |
Docket No. 2002-0212-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of ANA, Inc. dba C & M
Grocery in Brazoria County; Petroleum Storage Tank Facility ID No.
0057253; for petroleum storage tank violations pursuant to Tex. Water Code
chs. 7 and 26 and the rules of the Texas Commission on Environmental
Quality. (Trina Grieco, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 17. |
Docket No. 2002-0076-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Kirby & Kirby Oil Company, Inc. in Smith
County; TCEQ ID No. None; for petroleum storage tank violations pursuant to
Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Carolyn Lind, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 18. |
Docket No. 2002-0007-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Dan Griffin dba Griffin Oil Company in
Schleicher 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. (Mark Newman, Tom Jecha) |
| |
| Issue agreed order, RH/RM. All Agree |
|
| Item 19. |
Docket No. 2002-0132-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Gonzalez Health-Care Systems, Inc. dba
Memorial Hospital in Gonzales County; Petroleum Storage Tank Facility ID
No. 66529; for petroleum storage tank violations pursuant to Tex. Water Code
chs. 7 and 26 and the rules of the Texas Commission on Environmental
Quality. (Edward R. Moderow, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 20. |
Docket No. 2002-0317-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Andrews Transport, Inc. in Jefferson
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. (Laura Clark, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 21. |
Docket No. 2002-0275-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Kirby G. Black dba Western Hills Mini
Mart in Nacogdoches County; Petroleum Storage Tank Facility No. 0053898;
for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and
26 and the rules of the Texas Commission on Environmental Quality. (John
Barry, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 22. |
Docket No. 2001-1305-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of One Genesis, Inc. dba
Lucky Way Food Store in Harris County; Petroleum Storage Tank Facility
ID No. 0035680; 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, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 23. |
Docket No. 2002-0439-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Ki Won Nam dba KJ Shell in Collin County;
Petroleum Storage Tank Facility ID No. 51502; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Sandy VanCleave, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 24. |
Docket No. 2002-0512-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Gantt Aviation Inc. in Williamson County;
Petroleum Storage Tank Facility ID No. 0014026; 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, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 25. |
Docket No. 2002-0194-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Schmidt & Sons, Inc., in Gonzales County;
TCEQ Id No.: None; 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. ( Robin Chapman, Rich O'Connell ) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 26. |
Docket No. 2002-0370-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Chang Yong Im dba Times Market #11 in
Nueces County; Petroleum Storage Tank Facility ID No. 18034; for petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules
of the Texas Commission on Environmental Quality. (Edward R. Moderow,
Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 27. |
Docket No. 2002-0244-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Roy and Mary Apperson dba Roy and
Mary's Grocery and Debra Wilburn in Orange County; Petroleum Storage
Tank Facility No. 0008053; for petroleum storage tank violations pursuant to
30 Tex. Admin. Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Susan Kelly, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 28. |
Docket No. 2001-1452-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Glamour Food Mart,
Inc. dba Texas Wawa Food Mart in Harris County; Petroleum Storage Tank
Facility ID No. 0028584; 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 A. Johnson, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 29. |
Docket No. 2002-0509-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Patsy Tobias dba Kwik Stop in Falls
County; Petroleum Storage Tank Facility ID No. 48402; for petroleum storage
tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Commission on Environmental Quality. (John Schildwachter, Tom
Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 30. |
Docket No. 2002-0658-PST-E. Consideration of an Agreed Order assessing
administrative penalties against E-Z International Inc. dba E-Z Mart #6 in
Montgomery County; Petroleum Storage Tank Facility ID No. 0038845; 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
Johnson, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 31. |
Docket No. 2002-0422-PST-E. Consideration of an Agreed Order assessing
administrative penalties against C & R Distributing, Inc. in El Paso 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. (Kevin Smith, Tom Jecha) |
|
| Remanded to Executive Director, RH/RM. All Agree |
|
|
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER |
|
| Item 32. |
Docket No. 2001-1325-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Eftakhar Khan dba
Papa Joe's Food Mart & Deli in Trinity County; TCEQ PST ID No.
0056697; 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. (Lisa Lemanczyk, Rich O'Connell) |
|
| Issue default order, RH/RM. All Agree |
| |
|
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
|
| Item 33. |
Docket No. 2001-1438-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of George Foley, Sr. dba
Lakeline Acres Water Supply in Bosque County; Public Water Supply ID
No. 0180025; for drinking water quality violations pursuant to Tex. Health &
Safety Code ch. 341 and the rules of the Texas Commission on Environmental
Quality. (Frank Burleson, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 34. |
Docket No. 2001-0837-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Virginia
Franklin-Mower dba Franklin Estates South in Lubbock County; Public
Water Supply ID No. 1520080; for drinking water quality violations pursuant to
Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on
Environmental Quality. (Gary Shipp, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| |
SLUDGE ENFORCEMENT AGREED ORDER |
|
| Item 35. |
Docket No. 2002-0078-SLG-E. Consideration of an Agreed Order assessing
administrative penalties against Wallace R. Layne dba Layne Septic Service
in Smith County; Sludge Transporter Registration No. 20612; for water quality
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. (Carolyn Lind, Tom Jecha) |
|
| Remanded to Executive Director, remanded by Office General Counsel |
|
|
EMERGENCY ORDER (MODIFY, AFFIRM, OR SET ASIDE) |
|
| Item 36. |
Docket No. 2001-0688-MLM-E. Consideration of whether to Modify,
Affirm, or Set Aside an Emergency Order issued on November 18, 2002 by the
Executive Director of the Texas Commission on Environmental Quality
pursuant to Tex. Water Code ch. 5.501(c)(1) to address the abandonment of a
retail public utility (Facility) by Walter F. Duvall dba Plaza Water Utility, in
Bell County; to ensure continued operation of the Facility; and to provide
continuous and adequate service to customers. The Emergency Order
appointed Bret Fenner as temporary manager of the Facility. (Gitanjali Yadav) |
|
| Remanded to Executive Director |
|
|
MISCELLANEOUS |
|
| Item 37. |
Docket No. 2002-1275-MIS. Consideration of gifts and donations of $500.00
or more in value given to the TCEQ, submitted for approval in accordance with
Chapter 575 of the Government Code, concerning acceptance of gifts by certain
state agencies. [Elizabeth West] |
|
| Approve staff recommendations as reflected in the adopted Resolution including Exhibit A,
which contains the names of the donors and descriptions and statements of the purposes of the
gifts and which is attached to and incorporated in these minutes, RH/KW. All Agree |
|
|
RULE MATTERS |
|
| Item 38. |
Docket No. 2002-0727-RUL. Consideration for adoption of the following
amended and new sections of 30 TAC Chapter 39, Public Notice; and
Chapter 331, Underground Injection Control: |
|
|
Amended: |
|
Section 39.403 Applicability |
|
Section 331.2 Definitions |
|
Section 331.5 Prevention of Pollution |
|
Section 331.7 Permit Required |
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Section 331.47 Pond Lining |
|
Section 331.121 Class I Wells |
|
Section 331.163 Well Construction Standards |
|
|
New: |
|
Section 331.17 Pre-Injection Units Registration |
|
Section 331.18 Registration Application, Processing, Notice, Comment,
Motion to Overturn |
|
|
The adoption would provide underground injection control standards and
requirements for permitted and registered pre-injection units associated with
Class I nonhazardous, noncommercial injection wells. The adoption includes a
new registration process and application, processing, notice, comment, and
other procedural requirements. The proposed Chapter 39 rule was published in
the September 6, 2002 issue of the Texas Register (27 TexReg 8411), and the
proposed Chapter 331 rules were published in the July 12, 2002 issue of the
Texas Register (27 TexReg 6227). (Devane Clarke, Richard Egan, Ray
Austin) (Rule Log No. 2000-055-331-WS) |
|
| Continued to December 18, 2002 |
|
| Item 39. |
Docket No. 2002-1086-RUL. Consideration for adoption of amended Section
114.50 of 30 TAC Chapter 114, Control of Air Pollution from Motor
Vehicles; corresponding revisions to the Texas Inspection and Maintenance
(I/M) State Implementation Plan (SIP); and discussion of related items. |
|
|
These amendments to Chapter 114 and corresponding revisions to the Texas
I/M SIP would revise the El Paso I/M program to convert on-board diagnostic
testing from a requirement beginning January 1, 2003 to a contingency measure
of the El Paso ozone SIP in support of the maintenance of the national ambient
air quality standards. The proposed rules were published in the September 27,
2002 issue of the Texas Register (27 TexReg 9101). (Bob Wierzowiecki, Kerri
Rowland, Alan Henderson) (Rule Log Number 2002-068-114-AI) |
|
| Approve adoption of amended sections 114.50 of 30 TAC Chapter 114, and corresponding SIP
revision, RM/RH. All Agree |
|
| |
EXECUTIVE SESSION |
|
| Item 40. |
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 41. |
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 42. |
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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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 |