AGENDA

Thursday, May 29, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

8:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

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.
Commission did not meet in Executive 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.
Commission did not meet in Executive 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.
Commission did not meet in Executive Session


OLD BUSINESS AGENDA

Thursday, May 29, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item carried forward from Agenda of May 14, 2003.
Item 1. Docket No. 2002-0749-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Sanderson Farms, Inc. in Brazos County; Texas Pollutant Discharge Elimination System Permit No. 03821; 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. (Terry Murphy, Gloria Stanford)
Remanded to Executive Director
Item carried forward from Agenda of May 14, 2003.
Item 2. Docket No. 2003-0479-MIS . Consideration of a Resolution to appoint Mr. Jerry Lewis, licensed Irrigator, Mr. Don Weiss, licensed Irrigator, and Ms. Carole Baker, public member to the Irrigator Advisory Council for Landscape Irrigation of the Texas Commission on Environmental Quality. (Richard Craig/Kathy Brown)
Remanded to Executive Director


AGENDA

Thursday, May 29, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

HEARING REQUESTS
Item 1. Docket No. 2003-0449-AIR. Consideration of an application by The Scoular Company to obtain Air Quality Permit No. 50867 to authorize the expansion of an existing grain elevator. The existing grandfathered operations and facilities authorized under Permit By Rule Registration No. 51214 are also incorporated into the proposed permit. The facility is located at Highway 70 and County Road BB in Plainview, Hale 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. (Catherine Nash/Garrett Arthur)
Grant hearing requests of Stephen and Carolyn Hastey and Joe D. Stanford; refer to State Office of Administrative Hearings the issue: Will the air emissions from the facility, which are reduced, adversely impact the health of the hearing requesters or their families, or their use and enjoyment of their residences or property; direct duration of hearing to be 4 months from first day of the preliminary hearing to issuance of the Proposal for Decision, with referral to ADR for 2- 4 weeks, RM/KW. All Agree
Item 2. Docket No. 2003-0478-MWD. Consideration of application of City of Pearland for a proposed new Texas Pollutant Discharge Elimination System (TPDES) Permit No. 10134-010, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 4,500,000 gallons per day. The facility is located on Dixie Farm Road, approximately 2.8 miles southwest of the Interstate Highway 45 and Dixie Farm Road interchange in Brazoria and Harris Counties, Texas. The Commission will also consider hearing requests and requests for reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Robert Brush/Julian Centeno)
Deny hearing request , grant the permit, and adopt the Executive Director's amended Response to Comments and deny request for reconsideration, RM/RH. All Agree
Item 3. Docket No. 2003-0437-DIS. Consideration of an application by Memorial Point Utility District (District) in Polk County to levy an operations and maintenance standby fee pursuant to Texas Water Code, Section 49.231. The Commission will also consider the hearing requests and related responses and replies. (TCEQ Internal Control No. 01152002-D07; Rob Cummins, Todd Galiga)
Grant hearing request and remand to State Office of Administrative Hearings, through ADR, and if mediation fails, limit to 2 months from day of preliminary hearing, to issuance of Proposal For Decision, RH/RM. All Agree
AIR ENFORCEMENT AGREED ORDERS
Item 4. Docket No. 2002-0759-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Applied Industrial Materials Corporation in Galveston County; Air Account No. GB-0131-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. (Catherine Sherman, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 5. Docket No. 2002-1209-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Par Products in Collin County; Air Account No. CP-0356-L; 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. (Jorge Ibarra, P.E., Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 6. Docket No. 2002-0478-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shell Chemical, L. P. in Harris County; Air Account No. HG-0659-W; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Suzanne Walrath, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 7. Docket No. 2002-0169-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mohammad Khalaf dba Zoom Auto and Zoom Automotive in Tarrant County; Air Account Nos. TA-4163-I and TA-4155-H; 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. (David Van Soest, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 8. Docket No. 2001-0349-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Huntsman Petrochemical Corporation in Jefferson County; TCEQ Air Account No. JE-0052-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. (Lisa Uselton Dyar)
Issue agreed order, RH/RM. All Agree
Item 9. Docket No. 2001-0638-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Huntsman Petrochemical Corporation in Jefferson County; TCEQ Air Account No. JE-0135-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. (Lisa Uselton Dyar)
Issue agreed order, RH/RM. All Agree
Item 10. Docket No. 2002-0559-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Enbridge Pipelines (East Texas), L.L.C. in Freestone County; Air Account No. FI-0028-G; 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. (Brian Lehmkuhle, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 11. Docket No. 2002-1247-AIR-E. Consideration of an Agreed Order assessing administrative penalties against TEPPCO Crude Pipeline, L.P. in Galveston County; Air Account No. GB-0006-H; 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. (Merrilee Gerberding, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 12. Docket No. 2001-1384-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Duke Energy Field Services, L.P. in Jasper County; TCEQ Air Account No. JC-0067-H; 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. (Richard O'Connell, Lisa Uselton Dyar)
Issue agreed order, RH/RM. All Agree
Item 13. Docket No. 2001-1335-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The City of Socorro in El Paso County; TCEQ Air Account ID No. EE-1399-W; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch, Lisa Uselton Dyar)
Issue agreed order, RH/RM. All Agree
Item 14. Docket No. 2002-0399-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Richard E. Carroll dba D and R Metal Finishing in Harris County; Air Account No. HG-1790-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. (Trina Grieco, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 15. Docket No. 2001-1315-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Coastal Transport Company, Inc. in El Paso County; TCEQ Air ID No. EE-2124-K; 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. (Alfred Okpohworho, Lisa Uselton Dyar)
Issue agreed order, RH/RM. All Agree
Item 16. Docket No. 2003-0064-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Western Gas Resources, Inc. in Pecos County; Air Account No. PE-0027-K ; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Sheila Smith, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 17. Docket No. 2002-1208-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Paul Peters dba Peters Auto Sales in Collin County; RN 102843190; 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. (Jorge Ibarra, P.E., Shawn Stewart)
Issue agreed order, RH/RM. All Agree
AIR ENFORCEMENT DEFAULT ORDER
Item 18. Docket No. 2000-0982-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of U.S. Stone, Inc., in Wise County; TCEQ Air Account No. 93-8502-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. (James Biggins, Lisa Uselton Dyar)
Issue default order, RH/RM. All Agree
EDWARDS AQUIFER ENFORCEMENT AGREED ORDER
Item 19. Docket No. 2002-0320-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Keith Zars Pools, Inc. in Bexar County; Edwards Aquifer Protection Program Project No. -2016.00; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Rebecca Clausewitz, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
IRRIGATORS ENFORCEMENT DEFAULT ORDER
Item 20. Docket No. 2002-0463-IRR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Jess Berkebile dba Jess and Ryan's Landscaping in Van Zandt and Tarrant Counties; TCEQ ID No. None; for landscape irrigator installer violations pursuant to Tex. Water Code chs. 7 and 34 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Admin. Code ch. 60. (Diana Grawitch, Lisa Uselton Dyar)
Issue agreed order, RH/RM. All Agree
MULTI-MEDIA MATTER ENFORCEMENT AGREED ORDERS
Item 21. Docket No. 2001-0406-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of George Mathis in Gonzales County; Unauthorized Site No. 45514011; for air quality and municipal solid waste violations pursuant to Tex. Health & Safety Code chs. 382 and 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission On Environmental Quality. (Edward Moderow, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 22. Docket No. 1998-1481-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Huntsman Petrochemical Corporation in Jefferson County; TCEQ ID No. JE-0052-V; for air quality and industrial and hazardous waste violations pursuant to Tex. Water Code, chs. 7 and 26, Tex. Health & Safety Code chs. 361 and 382, and the rules of the Texas Commission on Environmental Quality. (Lisa Uselton Dyar)
Issue agreed order, RH/RM. All Agree
Item 23. Docket No. 2002-1100-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southern Wild Game, Inc. in Frio County; TCEQ ID 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, including specifically 30 Texas Administrative Code ch. 60. (Malcolm A. Ferris, Shawn Stewart)
See Item # 61
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 24. Docket No. 2002-1328-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Veronica Diaz in Hidalgo County; TCEQ ID No. HAW007; Regulated Entity ID No. RN102752789; for municipal solid 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, including specifically 30 Texas Administrative Code ch. 60. (Sandra Hernandez Alanis, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 25. Docket No. 2002-1336-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Military Highway Water Supply Corporation in Hidalgo County; Texas Pollutant Discharge Elimination System Permit No. 13462-001; 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. (Steven Lopez, Shawn Stewart)
Remanded to Executive Director
Item 26. Docket No. 2001-0709-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Tom Bean in Grayson County; TCEQ WQ Permit No. 10057-001 and NPDES Permit No. TX0055212; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro, Lisa Uselton Dyar)
Issue agreed order, RH/RM. All Agree
Item 27. Docket No. 2002-0207-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Higgins in Lipscomb County; Water Quality Permit No. 10572-001 (expired), National Pollutant Discharge Elimination System Permit No. TX0070009 (expired), and Texas Pollutant Discharge Elimination System Permit No. WQ10572-001; for water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (Ronnie Kramer, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 28. Docket No. 2001-0644-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Prairie View in Waller County; TCEQ ID 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. (Gitanjali Yadav, Lisa Uselton Dyar)
Issue agreed order, RH/RM. All Agree
Item 29. Docket No. 2000-1210-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shannon Rushing and Linda Rushing dba Jackson Hill Marina in San Augustine County; TCEQ Water Quality Permit No. 11111-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Alfred Okpohworho, Lisa Uselton Dyar)
Issue agreed order, RH/RM. All Agree
Item 30. Docket No. 2002-1156-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Thousand Trails, Incorporated in Grayson County; Water Quality Permit No. 0014396-001; 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. (Jorge Ibarra, P.E., Shawn Stewart)
Issue agreed order, RH/RM. All Agree
ON SITE SEWAGE FACILITY INSTALLERS AGREED ORDER
Item 31. Docket No. 2001-1563-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gary Ward and Lisa Ward dba Advanced Wastewater Services in Hardin and Tyler Counties; OSSF Installer Certification Nos. 3557 and 6426; for licensing/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. (Terry Murphy, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 32. Docket No. 2002-0919-PST-E. Consideration of an Agreed Order assessing administrative penalties against Beaumont Country Club in Jefferson County; Petroleum Storage Tank Facility ID No. 14627; 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, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 33. Docket No. 2002-1158-PST-E. Consideration of an Agreed Order assessing administrative penalties against Petroleum Wholesale, Inc. dba Sunmart #435 in Montgomery County; Petroleum Storage Tank Facility ID No. 0045465; 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, including specifically 30 Texas Administrative Code ch. 60. (Rebecca Johnson, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 34. Docket No. 2002-0585-PST-E. Consideration of an Agreed Order assessing administrative penalties against Office Creek Corporation dba S & S Beer and Wine #3 in Denton County; Petroleum Storage Tank Facility ID No. 0068900; for 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. (Judy Fox, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 35. Docket No. 2002-1009-PST-E. Consideration of an Agreed Order assessing administrative penalties against J.F. Presley Oil Company in Gregg 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 V. Lind, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 36. Docket No. 2002-1153-PST-E. Consideration of an Agreed Order assessing administrative penalties against Hillard Saturn of Fort Worth, Incorporated dba Saturn of Hurst in Tarrant County; Petroleum Storage Tank Facility ID No. 0066807; 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. (Jorge Ibarra, P.E., Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 37. Docket No. 2000-1271-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mohammad Rahman dba Food Heaven in Tarrant County; TCEQ PST ID No. 0072561; for petroleum storage tank violations pursuant to Texas Water Code ch. 26, Tex. Health & Safety Code ch. 382, and the rules of the Texas Commission on Environmental Quality. (Darren Ream, Lisa Uselton Dyar)
Issue agreed order, RH/RM. All Agree
Item 38. Docket No. 2002-0438-PST-E. Consideration of an Agreed Order assessing administrative penalties against Triangle Station, Inc. in Bell County; Petroleum Storage Tank Facility ID No. 57896; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (J. Craig Fleming, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 39. Docket No. 2002-1179-PST-E. Consideration of an Agreed Order assessing administrative penalties against Sun Coast Resources, Inc. in Harris County; TCEQ ID No. None and TCEQ Regulated Entity 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. (Catherine Sherman, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 40. Docket No. 2002-1246-PST-E. Consideration of an Agreed Order assessing administrative penalties against Jose M. Ramirez, Jr. dba Pepe's Exxon in Zapata County; Petroleum Storage Tank Facility ID No. 45694; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Malcolm A. Ferris, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 41. Docket No. 2003-0120-PST-E. Consideration of an Agreed Order assessing administrative penalties against Bill L. Dover Company, Inc. dba Newton Jiffy Market in Newton County; Petroleum Storage Tank Facility ID No. 0071924; 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. (Laura Clark, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 42. Docket No. 2002-1368-PST-E. Consideration of an Agreed Order assessing administrative penalties against Environmental Care, Inc. in Harris County; Petroleum Storage Tank Facility ID No. 0071805; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Rebecca Johnson, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 43. Docket No. 2002-0909-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hazaratali Momin dba Honey Stop #2 in Orange County; Petroleum Storage Tank Facility No. 0024455; 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. (John Barry, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 44. Docket No. 2002-1149-PST-E. Consideration of an Agreed Order assessing administrative penalties against Dan Howell dba Dan D Mart in Tarrant County; Petroleum Storage Tank Facility ID No. 0057595; 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. (Jorge Ibarra, P.E., Shawn Stewart)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS
Item 45. Docket No. 2001-1159-PST-E. Consideration of a Default Order assessing administrative penalties against and requiring certain actions of Miracle Wash, Inc. dba Miracle Wash and Detail in Nueces County; Petroleum Storage Tank ID No. 48556; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Alfred Okpohworho, Lisa Uselton Dyar)
Issue default order, RH/RM. All Agree
Item 46. Docket No. 2001-0005-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Star Tex Distributors, Inc. in Harris County; TCEQ PST Facility ID No. 0028161; for petroleum storage tank violations pursuant to Tex. Water Code ch. 7, Tex. Health & Safety Code ch. 382, and the rules of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro, Lisa Uselton Dyar)
Issue default order, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 47. Docket No. 2002-0730-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tecon Water Company, L.P. dba Tower Terrace, Simmons Shore, Mill Creek Meadows, Ridgecrest, Westview Subdivision and Scenic View Estates in Chambers, Grayson, and Hood Counties; Public Water Supply Nos. 0360069, 0910041, 0910080, 0910048, 0910035, and 1110039 and Certificate of Convenience and Necessity Nos. 12530, 11363, and 11464; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 13, and the rules of the Texas Commission on Environmental Quality. (Subhash Jain, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 48. Docket No. 2000-0952-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bayou Incorporated dba Bayou Food Store in Galveston County; TCEQ PWS ID No. 0840171; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Benjamin de Leon, Lisa Uselton Dyar)
Issue agreed order, RH/RM. All Agree
Item 49. Docket No. 2002-0020-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Llano in Llano County; TCEQ PWS ID No. 1500001; for public drinking water violations pursuant to Tex. Health & Safety Code, ch. 341 and the rules of the Texas Commission on Environmental Quality. (Shannon Strong, Lisa Uselton Dyar)
Issue agreed order, RH/RM. All Agree
Item 50. Docket No. 2001-1474-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Radiance Water Supply Corporation in Hays County; Public Water Supply No. 1050075 and Certificate of Convenience and Necessity No. 12413; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Michael Meyer, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER
Item 51. Docket No. 2001-1562-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Bert Dickens, Inc. dba Vista Ranch Water Supply in Fayette County; TCEQ PWS Facility ID No. 0750039; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Shannon Strong, Lisa Uselton Dyar)
Issue default order, RH/RM. All Agree
SLUDGE ENFORCEMENT AGREED ORDER
Item 52. Docket No. 2001-0399-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Charles Ray dba Charles Ray Dirt and Septic Services in Howard County; TCEQ Transporter Registration ID No. 20525; for water quality and sludge use, disposal, and transportation violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Alfred Okpohworho, Lisa Uselton Dyar)
Issue agreed order, RH/RM. All Agree
MODIFY, AFFIRM, OR SET ASIDE EMERGENCY ORDER
Item 53. Docket No. 2003-0378-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on April 16, 2003 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code sections 5.501, 5.507, and 13.4132, Tex. Health & Safety Code ch. 341, and 30 Tex. Admin. Code chs. 35, 288, 290, and 291 to address the abandonment of a retail public utility (Utility) by Sandy Beach Villa Resort, Inc. dba Sandy Beach Recreational Park, Public Water Supply No. 0250032 in Brown County, to ensure continued operation of the Utility, and to provide continuous and adequate service to customers. The Emergency Order appointed Patrick King as temporary manager of the Utility. (Diana Grawitch)
Affirm emergency order, with change to date as recommended by Executive Director, RM/KW. All Agree
PUBLIC WATER SUPPLY RENEWAL OF EMERGENCY ORDER
Item 54. Docket No. 2002-1342-PWS-E. Consideration of a Renewal Emergency Order pursuant to Tex. Water Code Sections 5.501, 5.505, 5.507, and 13.4132 and 30 Tex. Admin. Code Sections 35.22, 35.201, 291.142, and 291.143(a) to address the continuing unauthorized abandonment of a retail public utility (Utility) by Patrick Milliken dba P & M Service Company and Michael Privett dba P & M Service Company, TCEQ PWS ID No. 0610070, in Denton County, to ensure continued operation of the Utility, and to provide continuous and adequate service to the Utility's customers. The Renewal Emergency Order renews the appointment of George Oberdorf as temporary manager of the Utility. (Rebecca Nash Petty)
Approve Renewal of Emergency Order, RH/RM. All Agree
RULE MATTERS
Item 55. Docket No. 2003-0497-RUL. Consideration of a petition for rulemaking filed by Waste Management of Texas, Inc. requesting that the commission amend 30 TAC Section 330.114, Site Operating Plan and the petition for rulemaking filed by the City of Dumas, North Texas Municipal Water District, Texoma Area Solid Waste Authority, Republic Waste Services of Texas, Ltd., and Regional Land Management Services, Ltd. requesting that the commission amend 30 TAC Sections 330.2, Definitions and 330.114, Site Operating Plan. The petitioners request that the commission revise the rules to amend certain language regarding the required level of detail and specificity of municipal solid waste facility site operating plans. (Wayne Lee, Steve Shepherd, Ray Austin) (Rule Log No. 2003-033-PET-WS)
Initiate rulemaking, and instruct the staff to expedite as quickly as possible, RH/RM. All Agree
EXECUTIVE SESSION
Item 56. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Commission met in Executive Session, no action taken
Item 57. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, AS PERMITTED BY Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. The Commission may also meet in open session to take action on a legal or personnel matters considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Commission met in Executive Session, no action taken
Item 58. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TCEQ PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
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


ADDENDUM TO AGENDA

Thursday, May 29, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 59. Docket No. 2003-0048-PWS-E. Consideration of a Renewal Emergency Order pursuant to Tex. Water Code Sections 5.501, 5.505, 5.507, and 13.4132, and 30 Tex. Admin. Code chs. 35 and 291 to address the continuing unauthorized abandonment of a retail public utility (Utility) by W. Oak Phoenix Corp., located 1.4 miles west of Highway 986 on County Road 2320, in Hunt County, to ensure continued operation of the Utility, and to provide continuous and adequate service to the Utility's customers. The Renewal Emergency Order renews the appointment of George Oberdorf as temporary manager of the Utility. (Laurencia Fasoyiro)
Approve renewal of emergency order, RH/RM. All Agree


SECOND ADDENDUM TO AGENDA

Thursday, May 29, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 60. Docket No. 2003-0266-RUL. Consideration for publication of and hearing on, the following proposed amended sections of 30 TAC Chapter 106, Permits by Rule.
Section 106.147 Asphalt Concrete Plants
Section 106.261 Facilities (Emission Limitations)
Section 106.262 Facilities (Emission and Distance Limitations) (Previously SE 118)
The proposed amendments to Section 106.147 would state that upon the effective date of a standard permit for hot mix asphalt plants, registrations under that section would no longer be accepted. The proposed amendments to Section 106.261 and Section 106.262 would prohibit the use of these permits to authorize construction of a facility that may be authorized and constructed under a standard permit in effect or to authorize a change to a facility authorized under a standard permit with certain exceptions. (Beecher Cameron, John Minter, Debra Barber) (Rule Log No. 2002-057-106-AI)
Continued to June 18, 2003


THIRD ADDENDUM TO AGENDA

Thursday, May 29, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 61. Docket No. 2002-1100-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southern Wild Game, Inc. in Frio County; TCEQ ID No. None; for water quality and municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Malcolm A. Ferris, Shawn Stewart)
Issue agreed order, RH/RM. All Agree


OLD BUSINESS AGENDA

Thursday, May 29, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

1:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item carried forward from agenda of May 14, 2003.
Item 1. TCEQ Docket No. 1995-1317-WR; SOAH Docket No. 582-95-1160. Consideration of the Administrative Law Judge's Proposal for Decision and Order, regarding the application of the Lower Colorado River Authority to amend its Water and Drought Management Plans.
Accept Administrative Law Judge's Proposal for Decision and Order, and accept the exceptions of LCRA as recommended by ALJ, RH/RM. All Agree
Item carried forward from agenda of May 14, 2003.
Item 2. TCEQ Docket No. 2000-0622-MSW; SOAH Docket No. 582-01-0412. Consideration of the Court's decision in Micky Price v. Texas Natural Resources Conservation Commission, Cause No. GN2-01636, 250th District Court, Travis County, Texas to remand the Commission's Order granting the City of Dumas' application for a MSW landfill to be located in Moore County, Permit No. MSW-211-B, so that the Site Operating Plan may be revised.
Remand to Executive Director, RH/KW. All Agree
Item carried forward from agenda of May 14, 2003.
Item 3. TCEQ Docket No. 2002-1090-WR. Consideration of a Motion for Rehearing filed by the City of Laredo and John E. Fitzgibbon regarding the Commission's decision to cancel Mr. Fitzgibbon's water right, Certificate of Adjudication No. 23-2702, Acct. 2702-000, Webb County, as reflected in the Commission's Order issued April 2, 2003.
Grant Motion for Rehearing, and remand to the Executive Director, RH/RM. All Agree


AGENDA

Thursday, May 29, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

1:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 1. TCEQ Docket No. 2001-1304-PST-E; SOAH Docket No. 582-03-0851. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Pertex Interprise Inc., dba Krystal Mart; regarding alleged violations that the respondent repeatedly violated various environmental laws and regulations. This facility is located at 701 N. Eastside Drive, Wichita Falls, Wichita County, Texas.
See Item # 3
Item 2. TCEQ Docket No. 2002-0017-PST-E; SOAH Docket No. 582-03-0946. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Waetyss Enterprises, Inc., regarding alleged violations that respondent violated various environmental laws and regulations. This facility is located at 530 South General McMullen in San Antonio, Bexar County, Texas.
See Item #4


ADDENDUM TO AGENDA

Thursday, May 29, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

1:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 3. TCEQ Docket No. 2001-1304-PST-E; SOAH Docket No. 582-03-0851. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Pertex Interprise Inc., dba Krystal Mart; regarding alleged petroleum storage tank violations pursuant to Tex. Water Code Chapters 7 and 26 and the rules of the Texas Commission on Environmental Quality. Respondent's facility is located at 701 N. Eastside Drive, Wichita Falls, Wichita County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Order, RM/RH. All Agree
Item 4. TCEQ Docket No. 2002-0017-PST-E; SOAH Docket No. 582-03-0946. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Waetyss Enterprises, Inc., regarding alleged petroleum storage tank violations pursuant to Tex. Water Code Chapters 7 and 26 and the rules of the Texas Commission on Environmental Quality. Respondent's facility is located at 530 South General McMullen in San Antonio, Bexar County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Order, with changes, RH/KW. All Agree