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.

The Commissioners did not meet in closed session.

Item 2.

Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, AS PERMITTED BY Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. The Commission may also meet in open session to take action on a legal or personnel matters considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.

The Commissioners did not meet in closed session.

Item 3.

Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TCEQ PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.

The Commissioners did not meet in closed session.

Item carried forward from Agenda of August 20, 2003

Item 1.

Docket No. 2002-0914-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on July 3, 2003 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code 5.501, 5.507, and 13.4132 to address the abandonment of a retail public utility (Utility) by Dorothy Howard Upton dba Howard & Son Water Company, which is located at 112 Pearce Drive in the City of Pottsboro in Grayson County; TCEQ PWS No. 0910023; CCN No. 11123; to ensure continued operation of the Utility; and to provide continuous and adequate service to the customers. The Emergency Order appointed William Sparks as temporary manager of the Utility. (Richard S. O'Connell)

Affirm the Emergency Order. RM/KW; all approve.

Item carried forward from Agenda of August 20, 2003

Item 2.

Docket No. 2002-0835-SPF. Consideration of an Administrative Order to conduct Remedial Design/Remedial Action activities at the Material Recovery Enterprises State Superfund Site, Ovalo, Taylor County, Texas. (Jeff Patterson, Courtney Hill)

Re-posted as Item 2 on 1:00 P.M. Old Business Addendum.

AIR QUALITY ENFORCEMENT AGREED ORDERS

Item 1.

Docket No. 2003-0119-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ATOFINA Petrochemicals, Inc. in Jefferson County; Air Account No. JE-0005-H, Regulated Entity No. 102457520, Voluntary Emission Reduction Program Permit No. 49136; 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. (Laura Clark, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

Item 2.

Docket No. 2003-0251-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Firestone Polymers, L. L. C. in Orange County; TCEQ Air Account No. OC-0010-U; Regulated Entity No. 100224468; 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. (John Barry, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

Item 3.

Docket No. 2003-0095-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mason County Feeders, Ltd. in Bexar County; Air Account No. BG-1309-J; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Rebecca Clausewitz, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

Item 4.

Docket No. 2002-1414-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of U.S. Clay, L.P. in Cameron County; TCEQ Air Account No. CD-0023-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. (Sandra Hernandez Alanis, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

Item 5.

Docket No. 2003-0050-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Drilling Specialties Company LLC dba DSC Drilling Specialties Company LLC in Montgomery County; Air Account No. MQ-0023-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. (Rebecca Johnson, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

Item 6.

Docket No. 2001-0793-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Compass Operating, L.L.C. in Karnes County; Air Account No. KA-0022-L; for air violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Commission on Environmental Quality. (Miriam Hall, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

AIR QUALITY ENFORCEMENT DEFAULT ORDER

Item 7.

Docket No. 2001-0704-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Ironhorse Manufacturing, Inc. in Jefferson County; TCEQ ID No. JE-0913-J; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Gitanjali Yadav, Diana Grawitch)

Approve issuance of the default order. RM/RH; all approve.

EDWARDS AQUIFER ENFORCEMENT AGREED ORDER

Item 8.

Docket No. 2003-0264-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against The Spanos Corporation in Travis County; Edwards Aquifer Protection Program File No. 02022201; 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. (Lawrence King, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER

Item 9.

Docket No. 2002-0288-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Dennis G. Permenter dba Specialty Fabricators and Tyson Foods, Inc. in Shelby County; Regulated Entity No. 102821287; 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, including specifically 30 Texas Administrative Code ch. 60. (Laura Clark, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER

Item 10.

Docket No. 2002-0791-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Wal-Mart Stores, Inc. in Anderson County; Texas Polutant Discharge Elimination System Permit No. 03597; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Carolyn V. Lind, Gilbert Angelle)

Continued to September 24, 2003 Agenda.

MULTI-MEDIA ENFORCEMENT AGREED ORDERS

Item 11.

Docket No. 2002-0629-MLM-E. Consideration of an Agreed Order assessing administrative penalties against Century Trucking, Inc. in Hardin County; TCEQ ID No. 455100033; for municipal solid waste and air violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro, Diana Grawitch)

Approve issuance of the agreed order. RM/RH; all approve.

Item 12.

Docket No. 2003-0326-MLM-E. Consideration of an Agreed Order assessing administrative penalties against Willard A. Price in San Jacinto County; Air Account No. SC-0013-P; Regulated Entity No. 102168309; for air quality violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Laura Clark, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER

Item 13.

Docket No. 2000-1416-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions against Clifford Glen Key in Newton County; TCEQ Site ID No. 455100030; for municipal solid waste violations and air violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Shannon Strong, Diana Grawitch)

Approve issuance of the default order. RM/RH; all approve.

MUNICIPAL WASTE DISCHARGE AGREED ORDERS

Item 14.

Docket No. 2002-0925-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Luce Bayou Public Utility District in Harris County; Texas Pollutant Discharge Elimination System Permit No. 11167-001; 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. (Catherine Albrecht, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

Item 15.

Docket No. 2002-0739-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Pilgrim's Pride Corporation in Nacogdoches County; Texas Pollutant Elimination Discharge System Permit No. 03759-000; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (John Barry, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

Item 16.

Docket No. 2002-1191-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Mission in Hidalgo County; Texas Pollutant Discharge Elimination System Permit No. 10484-001; RN102097383; 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. (Sandra Hernandez Alanis, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

ON SITE SEWAGE FACILITY INSTALLERS ENFORCEMENT AGREED ORDERS

Item 17.

Docket No. 2000-1035-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Francis Phillips in Tarrant and Parker Counties; TCEQ ID No. OS4760; for on-site sewage installer violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Darren Ream, Diana Grawitch)

Approve issuance of the agreed order. RM/RH; all approve.

Item 18.

Docket No. 2003-0418-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Geoffrey Prose in Denton County; On Site Sewage Facility Installer ID No. OS5006; 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, including specifically 30 Texas Administrative Code ch. 60. (A. Sunday Udoetok, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

ON SITE SEWAGE FACILITY INSTALLERS ENFORCEMENT DEFAULT ORDERS

Item 19.

Docket No. 2001-0179-OSI-E. Consideration of a Default Order assessing administrative penalties against Claudio Barrera dba Barrera Backhoe Service in Jim Wells County; TCEQ ID No. None; for on-site sewage installer violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Darren Ream, Diana Grawitch)

Approve issuance of the default order. RM/RH; all approve.

Item 20.

Docket No. 2001-0471-OSI-E. Consideration of a Default Order assessing administrative penalties against Melvin K. Musick in Brown County; TCEQ ID No. None; for on-site sewage installer violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Darren Ream, Diana Grawitch)

Approve issuance of the default order. RM/RH; all approve.

PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS

Item 21.

Docket No. 2002-0513-PST-E. Consideration of an Agreed Order assessing administrative penalties against Petro-Chemical Transport, Inc. in Bell 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. (Alfred Okpohworho, Diana Grawitch)

Approve issuance of the agreed order. RM/RH; all approve.

Item 22.

Docket No. 2001-0667-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jogesh Amin dba Stop-N-Save in Tarrant County; TCEQ ID No. 0012640; 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. (Gitanjali Yadav, Diana Grawitch)

Approve issuance of the agreed order. RM/RH; all approve.

Item 23.

Docket No. 2002-1201-PST-E. Consideration of an Agreed Order assessing administrative penalties against Ullah Brothers, Incorporated dba Five Points Quick Stop in San Patricio County; Petroleum Storage Tank Facility ID No. 24161; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Suzanne Walrath, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

Item 24.

Docket No. 2003-0147-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of S.K. Associates, Inc. dba Sunrise Super Stop No. 3 in Harris County; Petroleum Storage Tank Facility ID No. 0035210; 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. (Kimberly McGuire, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

Item 25.

Docket No. 2003-0073-PST-E. Consideration of an Agreed Order assessing administrative penalties against Nolan Oil Company, Inc. in Orange County; Regulated Entity No. 102267366; 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. (John Barry, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

Item 26.

Docket No. 2002-1345-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mahnoor, Inc. dba Sealy Chevron in Austin County; Petroleum Storage Tank Facility ID No. 0028570; 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, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

Item 27.

Docket No. 2002-1355-PST-E. Consideration of an Agreed Order assessing administrative penalties against FFP Operating Partners, L.P. dba Hitching Post FFP 575 in Tarrant County; Petroleum Storage Tank Facility ID No. 0018564; 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. (Jorge Ibarra, P.E., Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

Item 28.

Docket No. 2002-1188-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Azaan Enterprises, Inc. dba Parkview Citgo in Harris County; Petroleum Storage Tank Facility ID No. 0069485; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Catherine Sherman, Gilbert Angelle)

Remanded to the Executive Director. RH/RM; all approve.

Item 29.

Docket No. 2002-0282-PST-E. Consideration of an Agreed Order assessing administrative penalties against C and W Enterprises, Inc. in Tom Green County and Sutton 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. (Alfred Okpohworho, Diana Grawitch)

Approve issuance of the agreed order. RM/RH; all approve.

Item 30.

Docket No. 2001-1557-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of West Texas Gas, Inc. in Ector 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. (Diana Grawitch)

Approve issuance of the agreed order. RM/RH; all approve.

PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS

Item 31.

Docket No. 2002-0993-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Jeffrey Stuart dba J's Kwik Mart in Crockett County; TCEQ ID No. 2350; 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, Diana Grawitch)

Approve issuance of the default order. RM/RH; all approve.

Item 32.

Docket No. 2002-0977-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Billy Lummus dba Bill's Exxon in Leon County; TCEQ PST Facility ID No. 4666; 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 Tex. Admin. Code ch. 60. (Benjamin J. de Leon, Diana Grawitch)

Approve issuance of the default order. RM/RH; all approve.

Item 33.

Docket No. 2001-1484-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Barry Beavers dba Thomas Brothers in Mitchell County; TCEQ ID No. 10719; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Shannon Strong, Diana Grawitch)

Approve issuance of the default order. RM/RH; all approve.

Item 34.

Docket No. 2002-0736-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Patriot Petroleum, Inc. dba Eastex Exxon in Jefferson County; TCEQ ID No. 26493; 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, Diana Grawitch)

Approve issuance of the default order. RM/RH; all approve.

PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS

Item 35.

Docket No. 2002-1111-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Southwestern Holdings, Inc. dba Cibolo Creek Ranch in Presidio County; TCEQ ID No. 1890015; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Lisa Lemanczyk, Diana Grawitch)

Approve issuance of the agreed order. RM/RH; all approve.

Item 36.

Docket No. 2001-1345-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Jackson Family Trust and William Wedge dba Cedar Creek Mobile Home Park in Denton County; TCEQ ID No. 0610086; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch)

Approve issuance of the agreed order. RM/RH; all approve.

Item 37.

Docket No. 2002-1092-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Terra Southwest, Inc. dba East Ponder Estates in Denton County; Public Water Supply ID No. 0610161; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Wendy Cooper, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

Item 38.

Docket No. 2003-0183-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Lilbert-Looneyville Water Supply Corporation in Nacogdoches County; Public Water Supply No. 1740013; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Shawn Stewart, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

Item 39.

Docket No. 2003-0140-PWS-E. Consideration of an Agreed Order assessing administrative penalties against the City of Crowell in Foard County; Public Water Supply ID No. 0780001; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Elvia Maske, Gilbert Angelle)

Approve issuance of the agreed order. RM/RH; all approve.

PUBLIC WATER SYSTEM DEFAULT ORDER

Item 40.

Docket No. 2002-0762-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Bellewood Water Supply Corporation in Harris County; TCEQ ID No. 1011945; CCN No. 12476; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Kelly W. Mego, Diana Grawitch)

Approve issuance of the default order. RM/RH; all approve.

WASTEWATER OPERATOR CERTIFICATION ENFORCEMENT AGREED ORDER

Item 41.

Docket No. 2003-0015-WOC-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dudley Farr in Williamson County; TCEQ ID No. 460-48-5477; for water quality violations pursuant to the Tex. Water Code chs. 7, 26, and 37, Tex. Health & Safety Code ch. 341, and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch)

Re-posted as Item 50.

AIR QUALITY ENFORCEMENT EMERGENCY ORDER

Item 42.

Docket No. 2003-0716-AIR-E. Consideration of an Emergency Order Suspending Operations of SRS Properties, LLC dba Lajitas Resort rock crushing plant in Brewster County; TCEQ ID No. RN000815687; for air quality violations pursuant to Tex. Water Code chs. 5 and 7, Tex. Health & Safety Code ch. 382, and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch)

Remanded to the Executive Director.

RULE MATTERS

Item 43.

Docket No. 2003-0307-RUL. Consideration of the adoption of amended Sections 331.2, 331.62, 331.65, 331.144, 331.163, and new Section 331.21 of 30 TAC Chapter 331, Underground Injection Control.

The adoption would implement Texas Civil Statutes, Article 3271b by requiring a person who prepares and submits geoscientific information to the agency to be a licensed professional geoscientist. Article 3271b also allows certain specified engineers to publicly practice geoscience. The proposed rules were published in the May 30, 2003 issue of the Texas Register (28 TexReg 4259). (Fred Duffy, Jason Haas, Michael Bame) (Rule Log No. 2001-051F-331-WS)

Approve adoption of amended amended Sections 331.2, 331.62, 331.65, 331.144, 331.163, and new Section 331.21 of 30 TAC Chapter 331. RH/RM; all approve

Item 44.

Docket No. 2003-0411-RUL. Consideration of the adoption of amendments to 30 TAC Chapter 312, Sludge Use, Disposal, and Transportation, Sections 312.2 and 312.8; 30 TAC Chapter 324, Used Oil Standards, Section 324.3; and 30 TAC Chapter 330, Municipal Solid Waste, Sections 330.2, 330.4, and 330.66.

The adoption would define grit trap and grit trap waste; indicate that Chapter 312 does not apply to oily water mixtures in waste management units; indicate that oil-water mixtures from waste management units designed for oil-water separation must comply with the requirements in Chapter 324; and indicate that a separate permit or registration is required for the storage, transportation, or handling of used oil mixtures collected from oil/water separators. The proposed rules were published in the June 6, 2003 issue of the Texas Register (28 TexReg 4391, 4395, and 4397). (Scott Green, Anthony Tatu, and Michael Bame) (Rule Log No. 1999-074-312-WS)

Approve adoption of amendments to 30 TAC Chapter 312, Sections 312.2 and 312.8, Chapter 324, Section 324.3, and Chapter 330, Sections. 330.2, 330.4, and 330.66. RM/KW; all approve.

Item 45.

Docket No. 2003-0725-RUL. Consideration for publication of, and hearing on, an amendment to 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, Subchapter B, New Source Review Permits, Section 116.112, Distance Limitations, and corresponding revisions to the state implementation plan.

The proposed rulemaking would allow for the storage of an inoperative concrete crusher within 440 yards of a residence, school, or place of worship; clearly define how distance measurements should be taken and when they would be applicable for concrete crushers and other facilities; and allow concrete crushers to recycle broken concrete at temporary demolition sites within 440 yards of nearby structures, unless the facility is located in a county with a population of 2.4 million or more, or in a county adjacent to such a county. (Blake Stewart, Laura Pfefferle, Clifton Wise) (Rule Log No. 2003-046-116-AI)

Continued to September 24, 2003 agenda.

Item 46.

Docket No. 2003-0713-RUL. Consideration for publication of, and hearing on, proposed revision of Sections 115.600, 115.610, 115.612, 115.613, 115.615 - 115.617, and 115.619; repeal of Section 115.614; and corresponding revisions to the state implementation plan.

The proposed rulemaking would remove volatile organic compound standards for all consumer products except automotive windshield washer fluid. (Eddie Mack, Rebecca Davis, Emily Barrett) (Rule Log No. 2003-039-115-AI)

Approve publication and hearing on proposed revisions of Sections 115.600, 115.610, 115.612, 115.613, 115.615 - 115.617, and 115.619; repeal of Section 115.614; and corresponding revisions to the state implementation plan. RM/RH; all approve.

EXECUTIVE SESSION

Item 47.

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 was taken.

Item 48.

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 was taken.

Item 49.

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 was taken.

Item 50.

Docket No. 2003-0015-WOC-E. Consideration of an Agreed Order suspending the Class A Water License and Class A Wastewater License and requiring certain actions of Dudley Farr in Williamson County; TCEQ ID No. 460-48-5477; for water quality and occupational license violations pursuant to the Tex. Water Code chs. 7, 26, and 37, Tex. Health & Safety Code ch. 341, and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch)

Approve issuance of the agreed order. RM/RH; all approve.

Item continued from agendas of June 18, 2003 and July 23, 2003

Item 1.

TCEQ Docket No. 2002-1115-UCR; SOAH Docket No. 582-03-0674. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the City of Elgin's Petition to Cancel Certificate of Convenience and Necessity No. 20120 in Bastrop County, Texas.

Continued to October 22, 2003.

Item carried forward from Agenda of August 20, 2003.

Item 2.

Docket No. 2002-0835-SPF. Consideration of an Administrative Order to conduct Remedial Design/Remedial Action activities at the Material Recovery Enterprises State Superfund Site, Ovalo, Taylor County, Texas. (Jeff Patterson, Courtney Hill)

Adopt the Administrative Order. RM/RH; all approve.

PROPOSALS FOR DECISION

Item 1.

Docket No. 2001-0928-PST-E; SOAH Docket No. 582-03-2439. Consideration of the Administrative Law Judge’s Proposal for Decision and Order regarding enforcement action against Maral International, Inc., dba One Stop Food Mart, for alleged violations of §§ 26.346(a) and 26.3467(a) of the Texas Water Code and 30 TAC §§ 37.815(a) & (b), 334.8(c)(4)(B), and 334.8(c)(5)(A)(i). This facility is located at 9615 Kempwood Drive, Houston, Harris County, Texas.

Approve the PFD. RH/KW; all approve.

Item 2.

Docket No. 2000-0504-IWD-E; SOAH Docket No. 582-03-1931. Consideration of the Administrative Law Judge's Proposal for Decision and Order relating to Dickson Weatherproof Nail Company regarding violations of Texas Water Code § 26.121; 30 Tex. Admin. Code §§ 305.125(1), (9) and (11)(c), 305.2(8) and 319.9(b); Texas Pollutant Discharge Elimination System (TPDES) Permit No. 02650, and Water Quality Permit No. 02650. The Executive Director alleged that respondent discharged waste into or adjacent to water in the state. This facility is located at 14820 Talcott in Houston, Harris County, Texas.

Approve the PFD with the ED’s exceptions as sustained by the ALJ with the exception of Findings of Fact # 5, and re-number 16-19. RH/RM; all approve.

Item 3.

Docket No. 2001-0265-PST-E; SOAH Docket No. 582-03-2641. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Addison Enterprises, Inc. for petroleum storage tank violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. Respondent owns and operates a store offering retails sales of gasoline at 2903 Royal Lane, Dallas, Dallas County Texas.

Adopt the modified PFD with the ED’s exceptions, reference the Texas Health & Safety Code in Finding of Fact # 1, add the phrase “gasoline products” to Finding of Fact # 8.c. after the word “allowing,” and in Ordering Provision # 4.c. delete the word “plant” and substitute “motor vehicle fuel dispensing facility” to be consistent with other parts of the order. RH/RM; all approve.

MOTION TO OVERTURN/RECONSIDERATION

Item 4.

Docket No. 2001-1079-UCR. Consideration of Motions to Overturn/ Reconsideration filed by the Tecon Water Company, L.P. and the City of Blue Mound concerning the Executive Director's Order mailed on June 30, 2003 concerning the Petition of Appeal filed by Tecon Water Company, L.P. from Ratemaking Actions of the City of Blue Mound and Motions for Immediate Interim Rate Relief, Application No. 33552-A, for a service area in Tarrant County, Texas.

Approve the Motions to Overturn and remand the matter to the Executive Director. RH/KW; all approve.