Kathleen White

Ralph Marquez

Larry Soward


AGENDA


Wednesday, February 11, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S


  

                   HEARING REQUEST

 

Item 1.       Docket No. 2003-1414-AIR. Consideration of application by Grace Concrete Products, Inc. for New Air Quality Standard Permit No. 52368 to authorize the construction and operation of a concrete batch plant. The proposed site is located on the west side of F.M. 1486 at the intersection of Jackson Road in Montgomery, Montgomery County. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director’s Response to Comments. (Josh Reddoch / Garrett Arthur)


Deny all hearing requests as a matter of law, adopt the Executive Director's RTC, and grant the application for the standard permit. KW/RM; all agree.


                   AIR QUALITY ENFORCEMENT AGREED ORDERS

    

Item 2.       Docket No. 2003-0468-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of El Paso Field Services Management, Inc. in Wichita County; Air Account No. WH-0097-L, Air Permit No. O-00322 (Expired), RN100225077; 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. (Vanessa Davis, Tom Jecha)

    

Approve agreed order. KW/RM; all agree.

 

Item 3.       Docket No. 2003-0469-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hampshire Chemical Corp. in Harris County; Air Account No. HG-4998-P; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Trina Grieco, Tom Jecha)


Approve agreed order. KW/RM; all agree.

 

Item 4.       Docket No. 2003-0706-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Trinity Industries, Inc. in Harris County; Air Account No. HG-0498-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, including specifically 30 Texas Administrative Code ch. 60. (Laura Clark, Tom Jecha)


Approve agreed order. KW/RM; all agree.

    

Item 5.      Docket No. 2003-1137-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Webb-Duval Gatherers, A Texas General Partnership in Webb County; Air Account No. WE-0066-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. (Bradley Brock, Tom Jecha)


Approve agreed order. KW/RM; all agree.

    

Item 6.       Docket No. 2001-1336-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Duke Energy Field Services, L.P. in Jefferson County; TCEQ ID No. JE-0200-H; for air quality violations pursuant to the Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro, Lisa Lemanczyk)


Approve agreed order. KW/RM; all agree.

    

Item 7.       Docket No. 2001-1469-AIR-E. Consideration of an Agreed Order assessing administrative penalties against and requiring certain actions of CITGO Refining and Chemical Company, L.P in Nueces County; Air Account Nos.: NE-0027-V and NE-0192-F and TPDES Permit No. 00467-000; for air quality, water quality and industrial hazardous waste violations pursuant to chs. 361 and 382 of the Tex. Health & Safety Code, chs. 7 and 26 of the Tex. Water Code, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Mary R. Risner)


Approve agreed order. KW/RM; all agree.

 

Item 8.       Docket No. 2003-0177-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sunoco, Inc. (R&M) in Harris County; Air Account No. HG-0825-G; for air quality 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, including specifically 30 Texas Administrative Code ch. 60. (Rebecca Johnson, Tom Jecha)


Approve agreed order. KW/RM; all agree.

    

                   EDWARDS AQUIFER ENFORCEMENT AGREED ORDER

 

Item 9.       Docket No. 2003-0670-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against Hamid Zarafshani and Vickie L. Clark dba Mesa Rosa Restaurant in Williamson County; Edwards Aquifer Protection Program File No. 02103001; 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. (Elvia Maske, Tom Jecha)


Approve agreed order. KW/RM; all agree.

    

                   EDWARDS AQUIFER ENFORCEMENT DEFAULT ORDER

 

Item 10.     Docket No. 2001-0105-EAQ-E. Consideration of a Default Order assessing administrative penalties against and requiring certain actions of Nolan Ischy and Walter Ischy in Williamson County; TCEQ ID No. 00000011; 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. (James P. Biggins, Lisa Lemanczyk)


Approve default order. KW/RM; all agree.

    

                   INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER

 

Item 11.     Docket No. 2003-0189-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Battery Reclamation, Inc. in Reeves County; TCEQ ID Nos. 52085 and HW-50352; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Diana Grawitch, Lisa Lemanczyk)


Approve agreed order. KW/RM; all agree.


                   INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT DEFAULT ORDER

    

Item 12.     Docket No. 2003-0188-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Battery Conservation Technologies, Inc. in Reeves County; TCEQ ID Nos. 52085 and HW-50352; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Diana Grawitch, Lisa Lemanczyk)


Approve default order. KW/RM; all agree.

    

                   INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER

 

Item 13.    Docket No. 2003-1151-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Booker Packing Company in Lipscomb County; Water Quality Permit No. 02757-000; 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, Tom Jecha)


Approve agreed order. KW/RM; all agree.

    

                   MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER

 

Item 14.    Docket No. 2002-0284-MSW-E. Consideration of an Agreed Order assessing administrative penalties against EnviroClean Management Services, Inc. in Dallas County; TCEQ ID No. 2245; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch, Lisa Lemanczyk)


Approve agreed order. KW/RM; all agree.


                   MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDERS

    

Item 15.     Docket No. 2003-0647-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Idamichelle Reyes dba Tires Be Gone in El Paso County; TCEQ ID No. 6200034; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Lisa Lemanczyk)


Remanded to the Executive Director.

    

Item 16.     Docket No. 2002-0859-MSW-E. Consideration of a Default Order assessing administrative penalties against and requiring certain actions of Royce Leatherman in Tarrant County; TCEQ ID No. F1333; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (James P. Biggins, Lisa Lemanczyk)


Approve default order. KW/RM; all agree.

    

                   MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

 

Item 17.     Docket No. 2003-0075-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Rockdale in Milam County; Texas Pollutant Discharge Elimination System Permit No. 0010658-001, Regulated Entity Reference No. RN101388288; 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. (A. Sunday Udoetok, Tom Jecha)


Approve agreed order. KW/RM; all agree.

    

Item 18.    Docket No. 2002-1264-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Bayou Club of Houston in Harris County; TCEQ ID No. 12233-001; 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 Tex. Admin. Code ch. 60. (Laurencia Fasoyiro, Lisa Lemanczyk)


Approve agreed order. KW/RM; all agree.

    

Item 19.     Docket No. 2003-0077-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Trinity in Trinity County; Texas Pollutant Discharge Elimination System Permit No. 0010617-001; 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. (A. Sunday Udoetok, Tom Jecha)


Remanded to the Executive Director.

    

Item 20.     Docket No. 2000-1338-MWD-E. Consideration of an Agreed Order assessing reasonable service charges against the Department of the Army, Fort Sam Houston, TX, Comal County, Texas; TCEQ ID No. 12074-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Robin Chapman, Lisa Lemanczyk)

    

Approve agreed order. KW/RM; all agree.


                   PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS

 

Item 21.    Docket No. 2003-0833-PST-E. Consideration of an Agreed Order assessing administrative penalties against TT & KH, Inc. dba Corner Store 1 in Harris County; Petroleum Storage Tank Facility ID No. 0014132; 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. (Wendy Cooper, Tom Jecha)


Approve agreed order. KW/RM; all agree.

    

Item 22.     Docket No. 2002-0124-PST-E. Consideration of an Agreed Order assessing administrative penalties against Coastal Transport Company, Inc. in Bexar County; TCEQ ID No. RN 102502150; for petroleum storage tank violations pursuant to the Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Alfred Okpohworho, Lisa Lemanczyk)


Approve agreed order. KW/RM; all agree.

    

Item 23.     Docket No. 2003-0825-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Loan Nguyen dba Super Stop Foodmart in Jefferson County; Petroleum Storage Tank Facility ID No. 0008062; 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, Tom Jecha)


Approve agreed order. KW/RM; all agree.

    

Item 24.     Docket No. 2003-0860-PST-E. Consideration of an Agreed Order assessing administrative penalties against Rosemary Peters dba Peters Service Station in Colorado County; Petroleum Storage Tank Facility ID No. 50201, Regulated Entity Reference No. RN101433449; 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. (Erika Fair, Tom Jecha)


Approve agreed order. KW/RM; all agree.

    

Item 25.     Docket No. 2003-0988-PST-E. Consideration of an Agreed Order assessing administrative penalties against Praxair, Inc. in Harris County; Petroleum Storage Tank Facility ID No. 11161, Regulated Entity Reference No. RN102684974; 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. (Gilbert Angelle, Tom Jecha)


Remanded to the Executive Director.

 

Item 26.     Docket No. 2003-0795-PST-E. Consideration of an Agreed Order assessing administrative penalties against Park N Fly of Texas, Inc. in Harris County; Petroleum Storage Tank Facility ID No. 0002497, Regulated Entity Reference No. RN101898120; 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, Tom Jecha)


Approve agreed order. KW/RM; all agree.

    

Item 27.    Docket No. 2003-0883-PST-E. Consideration of an Agreed Order assessing administrative penalties against ECBD Development, L.L.C. in Tarrant County; Petroleum Storage Tank Facility ID No. 16791, Regulated Entity Reference No. RN101435337; 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. (Merrilee Gerberding, Tom Jecha)


Approve agreed order. KW/RM; all agree.

    

Item 28.     Docket No. 2003-0136-PST-E. Consideration of an Agreed Order assessing administrative penalties against J.A.M. Distributing Company in Harris and Orange Counties; Regulated Entity No. 102992690; 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, Tom Jecha)


Approve agreed order. KW/RM; all agree.

    

Item 29.     Docket No. 2003-0804-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of La Marque Independent School District in Galveston County; Petroleum Storage Tank Facility ID No. 21614; 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. (Trina Grieco, Tom Jecha)


Approve agreed order. KW/RM; all agree.

 

                   PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS

 

Item 30.     Docket No. 2002-0548-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Claude Conner dba Conner Texaco Service Station in Jefferson County; TCEQ ID Nos. 40735 and 43701; for petroleum storage tank violations pursuant to Tex. Water Code chs. 5, 7 and 26 and the rules of the Texas Commission on Environmental Quality. (David Green, Lisa Lemanczyk)


Remanded to the Executive Director.

    

Item 31.     Docket No. 2002-1121-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of RFK Enterprises, Inc. dba Food Spot #5 in Orange County; TCEQ ID No. 0044519; 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. (Lindsay Andrus, Lisa Lemanczyk)


Remanded to the Executive Director. RM/KW; all agree.

    

                   PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDER

 

Item 32.     Docket No. 2002-1359-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cedron Creek Ranch Association dba Cedron Creek Ranch Water Supply in Bosque County; TCEQ ID No. 0180051; 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 Lemanczyk)


Approve agreed order. KW/RM; all agree.

  

                   EXECUTIVE SESSION

 

Item 33.     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 34.     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 35.     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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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.




                   

AGENDA


Wednesday, February 11, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


1:00 p.m.

12100 Park 35 Circle

Bldg E, Room 201S


 

Item 1.       Docket No. 2002-0553-PST-E. SOAH Docket No. 582-03-3308. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Dimitrios Bitzios and Mike Kousounis (collectively Respondents), doing business as Atlas Auto Inspection in Galveston County, Texas; TCEQ ID No. 17668; regarding petroleum storage tank violations pursuant to 30 TAC §§ 37.815(a) and (b), 334.7(d)(3), 334.8(c)(4)(B), 334.48(c), 334.50(e)(2)(C), (b)(1)(A), and (d)(4)(A)(i), 334.51(b)(2)(C), and Texas Water Code §§ 26.3475(c)(1), 26.346(a), and the rules of the Texas Commission on Environmental Quality.


Re-posted as item # 4.

 

Item 2.       Docket No. 1999-1312-MLM-E. SOAH Docket No. 582-02-2287. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Bill & Beth Corporation in Terry County, Texas; TCEQ ID No. 58277; regarding multi-media violations pursuant to Chapter 26 of the Texas Water Code, Chapters 312, 330 and 335 of Title 30 of the Texas Administrative Code, and the rules of the Texas Commission on Environmental Quality.

  

Re-posted as item # 5.

 

Item 3.       Docket No. 2001-1003-AGR-E. SOAH Docket No. 582-03-3632. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Gerald Oosten dba G&P Holstein Dairy in Erath County, Texas; TCEQ ID No. 03142; regarding agricultural wastewater discharge violations pursuant to Tex. Water Code § 26.121(a), 30 Tex. Admin. Code (TAC) § 321.39(f)(19)(A) & (D), and the rules of the Texas Commission on Environmental Quality.


Re-posted as item # 6.




 

ADDENDUM TO THE AGENDA


Wednesday, February 11, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


1:00 p.m.

12100 Park 35 Circle

Bldg E, Room 201S


 

Item 4.       Docket No. 2002-0553-PST-E. SOAH Docket No. 582-03-3308. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Dimitrios Bitzios and Mike Kousounis dba Atlas Auto Inspection in Galveston County, Texas; TCEQ ID No. 17668; regarding petroleum storage tank violations pursuant to Texas Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality.


Adopt the ALJ's Order with the following modifications: (1) make the ED's recommended typographical corrections and citations additions; (2) impose the penalty jointly and severally; (3) modify the penalty to $6,000 under other factors as justice may require so that the penalty is not unreasonably high; (4) allow the Respondent to pay the penalty over 18 months; and (5) eliminate the phrase "by certified mail" in Conclusion of Law No. 10. RM/KW; all agree.

 

Item 5.       Docket No. 1999-1312-MLM-E. SOAH Docket No. 582-02-2287. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Bill & Beth Corporation in Terry County, Texas; TCEQ ID No. 14195; regarding multi-media violations pursuant to Texas Water Code chs. 7 and 26, Texas Health & Safety Code ch. 361, and the rules of the Texas Commission on Environmental Quality.


Continued to April 7, 2004 agenda.

 

Item 6.       Docket No. 2001-1003-AGR-E; SOAH Docket No. 582-03-3632. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Gerald Oosten dba G&P Holstein Dairy in Erath County, Texas; TCEQ ID No. 03142; regarding agricultural wastewater discharge violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality.


Remanded to the Executive Director.