Item carried forward from Agenda of July 1, 1998.
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Hearing Request |
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| Item 1. |
Docket No. 98-0747-AIR. TENASKA FRONTIER
PARTNERS LTD. for Air Quality Permit Nos.
37391 and PSD-TX-897 to authorize
construction of a proposed new Electrical
Generation Facility to be known as the
Tenaska Frontier Generation Station. The
proposed facility will be located on Highway
30, approximately 1-1/2 miles east of the
intersection with Highway 90 near Shiro in
Grimes County, Texas. (Chris Kadas/Jim
Linville) |
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| Grant Permit, RM/MB. All Commissioners Agree |
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| Item 2. |
Docket No. 98-0725-AIR. BOB'S CLEANING
SUPPLY COMPANY for Air Quality Permit No.
36968 to construct a Cleaning Solutions
Facility. The location of the proposed
facility is 3500 Deen Road in Fort Worth,
Tarrant County, Texas. The Commission will
consider the application and the hearing
requests that have been filed on the
application. (Scott Humphrey/Rich Carpenter) |
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| Applicant Requested SOAH Referral |
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| Item 3. |
Docket No. 98-0707-IWD. Application from
HALLIBURTON ENERGY SERVICES for a new permit
No. 03967. The draft permit authorizes a
discharge of utility wastewater (vehicle wash
water and machine coolant) to an evaporation
pond at a rate not to exceed a daily average
flow of 140 gallons per day. The applicant
operates an explosive and chemical devices
manufacturing facility. The facility is
located on County Road 401, approximately 1.5
miles south of the intersection of County
Road 401 and State Highway 392 and 2.5 miles
south of the city of Alvarado, Johnson
County, Texas. The Commission will consider
the application and the hearing requests that
have been filed on the application. (Louis
Herrin/Margaret Hoffman) |
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| Continued to September 23, 1998 |
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Authorization to Construct |
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| Item 4. |
Docket No. 98-0818-MWD. Consideration of the
CITY OF NOME'S request for an Order
authorizing construction of a wastewater
treatment facility prior to Commission
consideration of the City of Nome's
application for a wastewater discharge
permit. The site of the proposed facility is
located adjacent to Cotton Creek and at the
intersection of 3rd Street and Cotton Creek,
and approximately one-half mile north of the
City of Nome in Jefferson County, Texas. The
proposed authorization to construct would not
permit the treatment or discharge of any
wastewater from the new construction. (Fread
Houston/Firoj Vahora) |
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| Approve Order for Authorization to Construct, JB/RM.
All Commissioners Agree |
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Contracts |
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| Item 5. |
Docket No. 98-0845-CON. Consideration of
approval of a contract between the Texas
Natural Resource Conservation Commission and
the State Office of Administrative Hearing
(SOAH), to provide payment to SOAH for
services to be rendered during the Fiscal
Year beginning 09/01/98 and ending 08/31/99.
The Commission may delegate approval
authority. |
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| Continued to August 19, 1998 |
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| Item 6. |
Docket No. 98-0799-CON. Consideration to
authorize the Executive Director to enter
into a contract with Sentari Technologies,
Inc. for an amount not to exceed $1,000,000,
plus future amendments or renewal provided
that the total contract amount does not
exceed $2,000,000. The Contract is for
services to provide planning, analysis,
design, construction, testing and
implementation services for modification to,
and additional functionality for, the Title V
Information Management System (TVIMS).
Development will be accomplished using the
Composer/Cool:Gen I-CASE toolset. (Mark
Earl, Kerri Rowland) |
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| Approve Contract, RM/JB. All Commissioners Agree |
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| Item 7. |
Docket No. 98-0820-CON. Consideration of
authorizing the Executive Director to execute
a contract amendment to Anderson Columbia
Environmental, Incorporated's General
Construction contract for Industrial
Remediation at the United Creosoting
Superfund Site in Conroe, Montgomery County,
Texas. (Alan Etheredge, Caroline Sweeney) |
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| Execute Contract as Recommended, JB/RM. All
Commissioners Agree |
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| Item 8. |
Docket No. 98-0828-CON. Consideration of
authorizing the Executive Director to amend
Contract No. 8000200000 with BE&K/Terranext,
LLC for emergency response and supplemental
site activities services at leaking petroleum
storage tank (LPST) sites. (Katharine
Marvin/Grace Windbigler) |
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| Approve Contract Amendment, RM/BM. All Commissioners
Agree |
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Public Water Supply Default Orders |
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| Item 9. |
Docket No. 97-0678-PWS-E. Consideration of a
Default Order assessing administrative
penalties and requiring certain actions of
John Abbott dba Meadows Mobile Home Park in
Harris County; TNRCC ID No. 1010792; 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. (Hodgson Eckel) |
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| Issue Default Order, RM/JB. All Commissioners Agree |
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| Item 10. |
Docket No. 97-0671-PWS-E. Consideration of a
Default Order assessing administrative
penalties and requiring certain actions of
Thomas Holland dba Acorn Mobile Home Park in
Tarrant County; TNRCC ID No. 2200146; 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. (Hodgson Eckel) |
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| Issue Default Order, RM/JB. All Commissioners Agree |
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Public Water Supply Enforcement Agreed Orders |
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| Item 11. |
Docket No. 97-0974-PWS-E. Consideration of
an Agreed Order assessing administrative
penalties and requiring certain actions of
the Harrisburg Water Supply Corporation in
Jasper County; PWS No. 1210013; for drinking
water quality violations pursuant to Chapter
341 of the Texas Health and Safety Code and
the rules of the Texas Natural Resource
Conservation Commission. (Tom Napier) |
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| Issue Agreed Order, RM/JB. All Commissioners Agree |
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| Item 12. |
Docket No. 97-0879-PWS-E. Consideration of
an Agreed Order assessing administrative
penalties and requiring certain actions of
George Forrester dba George's Pit Barbeque in
Hood County; TNRCC ID No. 1110067; 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. (Kathy Keils) |
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| Issue Agreed Order, RM/JB. All Commissioners Agree |
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| Item 13. |
Docket No. 97-0593-PWS-E. Consideration of
an Agreed Order assessing administrative
penalties and requiring certain actions of
Forest Creek Partnership, LTD. in Harris
County; TNRCC ID No. 1012905; 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. (Kathy Keils) |
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| Issue Agreed Order, RM/JB. All Commissioners Agree |
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Air Enforcement Default Order |
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| Item 14. |
Docket No. 97-0883-AIR-E. Consideration of a
Default Order assessing administrative
penalties of Tree Masters, Incorporated in
Travis County; TNRCC ID No. TH-0665-W; 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.
(John Peeler) |
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| Issue Default Order, JB/RM. All Commissioners Agree |
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Air Enforcement Agreed Orders |
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| Item 15. |
Docket No. 97-0685-AIR-E. Consideration of
an Agreed Order assessing administrative
penalties and requiring certain actions of
Galveston Shipbuilding Company in Galveston
County; TNRCC ID No. GB-0382-W; 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. (John
Peeler) |
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| Issue Agreed Order, BM/RM. All Commissioners Agree |
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| Item 16. |
Docket No. 97-1129-AIR-E. Consideration of
an Agreed Order assessing administrative
penalties and requiring certain actions of
Kenneth Lehrman in McLennan County; Account
No. MB-0450-K; 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. (Suzanne Walrath) |
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| Issue Agreed Order, BM/RM. All Commissioners Agree |
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| Item 17. |
Docket No. 98-0080-AIR-E. Consideration of
an Agreed Order assessing administrative
penalties of Neches Industrial Park,
Incorporated in Jefferson County; Account No.
JE-0092-J; 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. (Carl Schnitz) |
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| Issue Agreed Order, BM/RM. All Commissioners Agree |
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| Item 18. |
Docket No. 98-0143-AIR-E. Consideration of
an Agreed Order assessing administrative
penalties and requiring certain actions of
Phillips Petroleum Company in Hutchinson
County; Account No. HW-0018-P; for air
quality violations pursuant to the Texas
Water Code, the Texas Health and Safety Code,
and the rules of the Texas Natural Resource
Conservation Commission. (Kevin Cauble) |
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| Issue Agreed Order, BM/RM. All Commissioners Agree |
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| Item 19. |
Docket No. 98-0259-AIR-E. Consideration of
an Agreed Order assessing administrative
penalties of Transpetco I in Ochiltree
County; Account No. OA-0021-O; for air
quality violations pursuant to the Texas
Water Code, the Texas Health and Safety Code,
and the rules of the Texas Natural Resource
Conservation Commission. (Stacey Young) |
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| Issue Agreed Order, BM/RM. All Commissioners Agree |
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| Item 20. |
Docket No. 98-0171-AIR-E. Consideration of
an Agreed Order assessing administrative
penalties and requiring certain actions of
Hydra Rig Incorporated, A Division of
Tuboscope Vetco International Incorporated in
Tarrant County; Account No. TA-0191-I; 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. (Carl Schnitz) |
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| Issue Agreed Order, BM/RM. All Commissioners Agree |
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Superfunds |
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| Item 21. |
Docket No. 98-0813-SPF. Consideration of an
Administrative Order to conduct remedial
design and remedial action activities at the
Munoz Borrow Pits State Superfund Site in
Mission, Hidalgo County, Texas. (Ashby
McMullan, Caroline Sweeney) |
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| Approve Administrative Order, JB/RM. All Commissioners
Agree |
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| Item 22. |
Docket No. 98-0714-SPF. Consideration of an
administrative order to settle part of the
state's claim for past and future costs with
one group of Potentially Responsible Parties
at the JC PENNCO WASTE OIL SERVICES state
superfund site in San Antonio, Bexar County,
Texas. (David Cooney, Michael Moore) |
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| Issue Administrative Order, RM/JB. All Commissioners
Agree |
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Industrial Waste Discharge Enforcement Agreed
Order |
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| Item 23. |
Docket No. 97-0999-IWD-E. Consideration of
an Agreed Order assessing administrative
penalties and requiring certain actions of
Ergon Asphalt & Emulsions, Inc. in Titus
County; Permit No. 03877 for water quality
violations pursuant to the Texas Water Code
and the rules of the Texas Natural Resource
Conservation Commission. (Merrilee Mears) |
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| Issue Agreed Order, RM/BM. All Commissioners Agree |
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Municipal Waste Discharge Enforcement Agreed
Order |
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| Item 24. |
Docket No. 98-0167-MWD-E. Consideration of
an Agreed Order assessing administrative
penalties against the City of Follett in
Lipscomb County; TNRCC Permit No. 10508-001;
for water quality violations pursuant to the
Texas Water Code, Chapter 26, and the rules
of the Texas Natural Resource Conservation
Commission. (Bill Main) |
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| Issue Agreed Order, RM/BM. All Commissioners Agree |
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Agricultural Enforcement Agreed Order |
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| Item 25. |
Docket No. 97-0919-AGR-E. Consideration of
an Agreed Order assessing administrative
penalties and requiring certain actions of
Bosque County Bank in Bosque County; TNRCC ID
No. no permit; for dairy operation water
quality violations pursuant to Chapter 26 of
the Texas Water Code and the rules of the
Texas Natural Resource Conservation
Commission. (Robin Houston) |
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| Issue Agreed Order, JB/RM. All Commissioners Agree |
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Industrial Hazardous Waste Enforcement Agreed
Order |
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| Item 26. |
Docket No. 98-0414-IHW-E. Consideration of
an Agreed Order assessing administrative
penalties and requiring certain actions of
Sandhills Industries, Inc. in Ector County;
TNRCC ID No. 33222 and Account No. 0307510F;
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. (John
Peeler) |
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| Continued to August 19, 1998 RM/BM. All Commissioners
Agree |
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Rules |
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| Item 27. |
Docket No. 97-1153-RUL. Consideration for
adoption of revisions to 30 TAC Chapter 114,
Subchapter A, Concerning Definitions;
Subchapter E, concerning Low Emissions
Vehicle Fleet Requirements; Subchapter F,
concerning Vehicle Retirement and Mobile
Emission Reduction Credits; and a revision to
the State Implementation Plan concerning this
proposal. Revisions to Chapter 114 implement
Senate Bill 681, Acts of the 75th
Legislature, 1997, concerning the low
emission vehicle fleet requirements. The
proposal was published in the April 24, 1998
issue of the Texas Register (23 TexReg 3999).
(Al Giles/Alan Henderson) (Rule Log No.
97139-114-AI). |
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| Adopt Revisions to TAC Chapter 114, RM/JB. All
Commissioners Agree |
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| Item 28. |
Docket No. 98-0251-RUL. Consideration for
withdrawal of proposed revision to 30 TAC
Chapter 114, Subchapter G, Section 114.260,
concerning Transportation Conformity, and a
proposed revision to the State Implementation
Plan (SIP), concerning Transportation
Conformity, as published in the April 24,
1998 issue of the Texas Register (23 TexReg
4134). Consideration for publication of, and
hearing upon new proposed revisions to 30 TAC
Chapter 114, Subchapter G, Section 114.260,
concerning Transportation Conformity, and a
new proposed revision to the (SIP),
concerning Transportation Conformity. (Cathy
Stephens/Alan Henderson) (Rule Log No.
98003-114-AI). |
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| Approve withdrawal of Proposed revision to 30 TAC
Chapter 114, RM/JB. All Commissioners Agree |
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| Item 29. |
Docket No. 98-0118-RUL. Consideration for
adoption of new 30 TAC Chapter 333,
Subchapter B, Sections 333.31 through 333.43,
concerning Innocent Owner/Operator
Certification. If adopted, the new sections
would enhance the implementation of House
Bill 2776, Acts of the 75th Legislature,
concerning the Innocent Owner/Operator
Program by establishing definitions for the
program, requirements for the Innocent
Owner/Operator Application, and standards for
issuing and revoking an Innocent
Owner/Operator Certificate. The proposal was
published in the May 1, 1998, issue of the
Texas Register (23 TexReg 4207). (Charles
Epperson) (Rule Log No. 97156-333-WS). |
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| Approve Adoption of 30 TAC Chapter 333 Subchapter B,
BM/RM. All Commissioners Agree |
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| Item 30. |
Docket No. 98-0075-RUL. Consideration for
adoption of amended 30 TAC Chapter 336,
Sections 336.1, 336.2, 336.101, 336.102,
336.107. 336.201, 336.203, 336.209, 336.211,
336.213, 336.304, 336.331, 336.332, 336.334,
336.341, 336.348, 336.352, 336.356,
336.501-336.503, 336.512, 336.513, 336.701,
336.702, 336.802-336.807; repeal of Sections
336.104, 336.108, 336.217, 336.357, 336.366,
336.514, 336.601-336.606, 336.613-336.629,
336.636; and adoption of new Sections
336.514, 336.515, 336.517, 336.519, 336.601,
336.603, 336.605, 336.607, 336.609, 336.611,
336.613, concerning Radioactive Substance
Rules; amended 30 TAC Chapter 305, Section
305.54, concerning Additional Requirements
for Radioactive Material Licenses; and
amended 30 TAC Chapter 39, Sections 39.303,
39.305, 39.307, 39.309 and new Section
39.313, concerning Public Notice. The
adopted rules remove commission rule language
related to the source material licensing and
by-product disposal jurisdiction transferred
to the Texas Department of Health by Senate
Bill (SB) 1857, 75th Legislature, 1997;
incorporate revisions and additions which are
needed to maintain compatibility with the
rules of the United States Nuclear Regulatory
Commission; and continue with agency-wide
regulatory reform efforts to simplify
language and requirements. In addition, this
constitutes the commission's review of the
rules contained in 30 TAC Chapter 336 in
accordance with the General Appropriations
Act, Article IX, Section 167, 75th
Legislature, 1997, a finding that the rules
are still necessary, and readoption of the
rule chapter. The proposed rules were
published in the April 24, 1998, issue of the
Texas Register (23 TexReg 4016, 4015, and
3997). (Kathy Vail) (Rule Log No.
97154-336-WS). |
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| Adoption of Amendments to 30 TAC Chapter 336, RM/JB.
All Commissioners Agree |
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| Item 31. |
Docket No. 98-0198-RUL. Consideration for
repeal of 30 TAC Chapter 114, §114.200,
concerning Accelerated Vehicle Retirement
(AVR or scrappage). The repeal will increase
the flexibility of local areas to design and
implement their own scrappage programs. The
proposal was published in the March 20, 1998
issue of the Texas Register (23 TexReg 2952).
(Hazel Barbour/Bill Jordan) (Rule Log No
98009-SIP-AI) |
|
| Approve Repeal of 30 TAC Chapter 114, BM/RM. All
Commissioners Agree |
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| Item 32. |
Docket No. 98-0837-RUL. Consideration for
publication of proposed new 30 TAC Chapter
11, Sections 11.2 and 11.3, concerning
contracts. If approved, the new section will
provide for protest procedures for resolving
vendor protests relating to purchasing
issues. The new section would also adopt by
reference the rules of the Texas General
Services Commission, 1 TAC Section 113.5(b),
concerning bid opening and tabulation. In
addition, this proposal action constitutes
the commission's review of the rules
contained in 30 TAC Chapter 11, concerning
Contracts, in accordance with the General
Appropriations Act, Article IX, Section 167,
75th Legislature, 1997. (Kathy Robbins)
(Rule Log No. 97161-011-AD). |
|
| Approve Publication of Chapter 11, Section 11.2 and
ll.3, BM/JB. All Commissioners Agree |
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EXECUTIVE SESSION |
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| Item 33. |
Docket No. 98-0847-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. |
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| No Action Taken |
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| Item 34. |
Docket No. 98-0848-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. |
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| No Action Taken |
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(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND
THE TNRCC 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 TNRCC AGENDA ARE
REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE
OF CHIEF CLERK AT (512) 239-3317 AT LEAST
FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO
THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.) |
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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. |
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