OLD BUSINESS AGENDA


Thursday, Jan 22, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:30 p.m.
Room 201S, Bldg E.
12100 Park 35 Circle


All Items are carried forward from Agenda of Jan 21, 1998.


MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER

Item 1.   Docket No. 97-0522-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Alamo Heights, City of Castle Hills, City of Hollywood Park, City of Olmos Park, City of Terrell Hills and Crestmore, Inc; Municipal Solid Waste Permit No. 505; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Tim Haase)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 2.   Docket No. 96-0790-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Robert S. Hough dba Tire Disposal of El Paso in El Paso County; MSW Registration Nos. 36000, 44137, and 79026; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner)

Issue Agreed Order, JB/RM. All Commissioners Agree

MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

Item 3.   Docket No. 97-0335-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Marlin in Falls County; Permit No. 10110-002; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Smith)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 4.   Docket No. 97-0167-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Edna in Jackson County; TNRCC Permit No. 10164-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Smith)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 5.   Docket No. 97-0414-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Kingsville in Kleberg County; Permit No. 10696-002; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Smith)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 6.   Docket No. 97-0848-MWD-E. Consideration of an Agreed Order requiring certain actions of the City of Graford in Palo Pinto County; Permit No. 10722-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Smith)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 7.   Docket No. 97-0461-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Christian Tabernacle in Harris County; TNRCC Permit No. 13581-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Main)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 8.   Docket No. 97-0462-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Martin Realty & Land, Inc. in Montgomery County; TNRCC Permit No. 12621-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Main)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 9.   Docket No. 97-0336-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Summerfield in Cherokee County; TNRCC Permit No. 13585-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Main)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 10.   Docket No. 97-0488-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Hughes Springs in Cass County; TNRCC Permit No. 10415-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Main)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 11.   Docket No. 97-0628-MWD-E. Consideration of an Agreed Order assessing administrative penalties of Northeast Texas Community College in Titus County; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 12.   Docket No. 97-0463-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sunbelt Fresh Water Supply District in Harris County; TNRCC Permit No. 11670-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Main)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 13.   Docket No. 97-0360-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Robert Lee in Coke County; Permit No. 10603-002; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 14.   Docket No. 97-0638-MWD-E. Consideration of an Agreed Order assessing administrative penalties of Sharyland Independent School District in Hidalgo County; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 15.   Docket No. 97-0491-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Willow Run Public Service, Inc. in Harris County, Permit No. 10699-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle)

Issue Agreed Order, JB/BM. All Commissioners Agree

PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS

Item 16.   Docket No. 97-0659-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Caddo Park Water System in Collin County; PWS No. 0430072; for public drinking water violations pursuant to the Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Katherine Wheatley)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 17.   Docket No. 97-0634-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Brien and Priscilla Hickman d/b/a Hilltop Mobile Home Park in Bee County; PWS No. 0130019; for drinking water quality violations pursuant to the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 18.   Docket No 97-0641-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Latin American Bible Institute in Bexar County; Public Water Supply Number 0150379 for drinking water violations pursuant to the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Katherine Wheatley)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 19.   Docket No. 97-0640-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Juan Hernandez d/b/a Diane's Mobile Home Park in Brazoria County; Public Water Supply Number 0200424 for public drinking water violations pursuant to the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 20.   Docket No. 97-0633-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Robert Moore d/b/a Moore's Mobile Home Park in Bexar County; Public Water Supply Number 0150243; for violations pursuant to the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)

Issue Agreed Order, RM/JB. All Commissioners Agree

PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDERS

Item 21.   Docket No. 97-0209-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Than Mai Chan dba Handi Plus No. 47 in Harris County; PWS No. 1012929; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)

Remand to Staff

Item 22.   Docket No. 97-0302-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Ali Momin dba KMS Kwik Stop No. 2 in Fort Bend County; PWS No. 0790177; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)

Continued to February 4, 1998

PETROLEUM STORAGE TANK DEFAULT ORDERS

Item 23.   Docket No. 96-1211-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Carrol R. Robinson in Bowie County; Facility ID No. 17610; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe)

Remand to Staff

Item 24.   Docket No. 97-0712-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Producers Grain and Supply of Rochester, Inc. in Haskell County; Facility ID No. 37226; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe)

Issue Default Order, RM/BM. All Commissioners Agree

Item 25.   Docket No. 97-0187-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Highness, Inc. in Harris County; for petroleum storage tank violations pursuant to Chapter 382 of the Texas Health & Safety Code, Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe)

Issue Default Order, RM/BM. All Commissioners Agree

PETROLEUM STORAGE TANK AGREED ORDERS

Item 26.   Docket No. 96-1162-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Bhaskar R. Patel, Ms. Shetal A. Gadkari, and Mr. Sang Lam in Harris County; Petroleum Storage Tank Facility Identification No. 59274; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, Texas Health and Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)

Issue Agreed Order, JB/BM. All Commissioners Agree

Item 27.   Docket No. 97-0690-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Dean Kersh in Brazoria County; Enforcement Identification No. 11717; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136 and the rules of the Texas Natural Resource Conservation Commission. (Connie Wong)

Continued to February 4, 1998

AIR ENFORCEMENT AGREED ORDERS

Item 28.   Docket No. 97-0226-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ranger Excavating, Incorporated in Travis County; Air Account No. TH-0646-D; for air violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Kara Salmanson)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 29.   Docket No. 97-0789-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions Smith System Manufacturing Company in Collin County; Account No. CP-0005-U; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (David Edge)

Issue Agreed Order, RM/JB. All Commissioners Agree

Item 30.   Docket No. 97-0742-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Triby Auto Sales in El Paso County; Account No. EE-1561-O; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)

Issue Agreed Order, RM/JB. All Commissioners Agree

ON-SITE SEWAGE INSTALLERS AGREED ORDER

Item 31.   Docket No. 97-0521-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hector Garcia in Fort Bend County; Certification No. 1079; Certification violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)

Issue Agreed Order, JB/BM. All Commissioners Agree

EDWARDS AQUIFER AGREED ORDER

Item 32.   Docket No. 97-0413-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Loop 1604 Group in Bexar County; No TNRCC Permit; for water quality violations pursuant to 30 Tex. Admin. Code (213.4), 30 Tex. Admin. Code (213.5(f)(2) and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)

Issue Agreed Order, JB/RM. All Commissioners Agree

AGRICULTURAL AGREED ENFORCEMENT ORDER

Item 33.   Docket No. 97-0735-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of D-S-M Dairy Farms, Inc. in Johnson County; No Permit; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)

Issue Agreed Order, JB/BM. All Commissioners Agree

INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER

Item 34.   Docket No. 97-0065-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tri-State Chemicals, Inc. in Tom Green County; F0094; for industrial & hazardous waste violation pursuant to Texas Health & Safety Code, Chapter 361 ("the Act") and Texas Water Code, Chapter 26 ("the Code") and the rules of the Texas Natural Resource Conservation Commission. (Ravi Rao)

Issue Agreed Order, RM/JB. McBee Voted No.

MULTI-MEDIA AGREED ORDER

Item 35.   Docket No. 96-1533-MLM-E. Consideration of an agreed order assessing administrative penalties and requiring certain actions of American Ecology Environmental Services Corporation in Smith County; Air Account No. SK-0057-E; for air violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Bill Ballard)

Issue Agreed Order, RM/JB. All Commissioners Agree

EXECUTIVE SESSION

Item 36.   Docket No. 97-1197-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. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.

No Action Taken

Item 37.   Docket No. 97-1198-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. No final action, decision, or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.

No Action Taken

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