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Hearing Request |
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Item 1. |
Docket No. 98-0960-AGR. Ronald D. Hux for a permit (Proposed
Permit #03971) in order to authorize the expansion and operation of
an existing dairy at a maximum capacity of 400 head. The waste
control facilities include two retention control structures with
approximate volumes of 7.31 and 5.56 acre-feet. The permit also
authorized the beneficial use of waste and wastewater on 138 acres
of agricultural land located on-site. No discharge of pollutants into
or adjacent to waters of the state is authorized by this permit. The
facility is located approximately 11 miles east-southeast of the City
of Sulphur Springs in Hopkins County, Texas near the Community
of Pine Forest. The Commission will consider the application and
the hearing requests filed on the application. (Catherine Nash/Kay
Hricik) |
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Issue Permit, BM/JB. Marquez Absent for Vote |
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Item 2. |
Docket No. 98-0963-MWD. Request by FIGURE FOUR
PARTNERS, LTD. for a new permit (proposed Permit No.
13951-001) to authorize a discharge of treated domestic wastewater
effluent at a volume not to exceed a daily average flow of 0.60
million gallons per day. The wastewater treatment facilities are
located 4200 feet west of Harlem Road and 7200 feet south of
Mortin Road in Fort Bend County, Texas. The Commission will
consider the application and the hearing requests that have been
filed on the application. (Robert Robinson/Margaret Hoffman) |
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Remand to Executive Director |
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Item 3. |
Docket No. 98-0967-MWD. Request by MONTGOMERY
COUNTY MUNICIPAL UTILITY DISTRICT NO. 15 for a
renewal of Permit No. 11395-001 to authorize a discharge of treated
domestic wastewater effluent at a volume not to exceed a daily
average flow of 0.30 million gallons per day. The wastewater
treatment facilities are located on Gleneagles Drive, approximately
5000 feet north of Needham Road in Montgomery County, Texas.
The Commission will consider the application and the hearing
requests that have been filed on the application. (Robert
Robinson/Margaret Hoffman) |
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Remand to Executive Director |
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Item 4. |
Docket No. 98-0987-WR. Application No. 14-5434B by Garwood
Irrigation Company to amend Certificate of Adjudication No.
14-5434, as amended. Applicant owns Certificate No. 14-5434, as
amended which includes authorization to divert and use 168,000
acre-feet of water per annum from the Colorado River, Colorado
River Basin for irrigation within applicant's service area in Colorado
and Wharton Counties. In addition, 35,000 acre-feet per annum (out
of the 168,000) is authorized to be used municipal and industrial
purposes within the applicant's service area which extends from the
Colorado to the Lavaca River Basins. Applicant seeks to amend
Certificate No. 14-5434, as amended: 1) to authorize the transfer of
35,000 acre-feet per annum to the City of Corpus Christi, Nueces
County, for use in the City's service area that lies in the Nueces-Rio
Grande Coastal, San Antonio-Nueces Coastal and the Nueces River
Basins pursuant to 11.085 of the Texas Water Code; and 2) to add a
diversion point(s) for the 35,000 acre-feet diverted for municipal
and industrial purposes pursuant to 11.122 of the Texas Water Code.
The Commission will consider the application and the hearing
requests that have been filed on the application. |
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Continued to October 7, 1998 |
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Item 5. |
Docket No. 98-0962-MWD. Request by SPLENDORA
INDEPENDENT SCHOOL DISTRICT for a new permit (proposed
Permit No. 11143-002) to authorize a discharge of treated domestic
wastewater effluent at a volume not to exceed a daily average flow
of 0.02 million gallons per day. The wastewater treatment facility
will serve Splendora Independent School District High School. The
plant site will be located on 23411 Farm-to-Market Road 2090,
approximately 2.67 miles northwest of the intersection of Interstate
Highway 59 and Farm-to-Market Road 2090 in Montgomery
County, Texas. The Commission will consider the application and
the hearing requests that have been filed on the application. (Robert
Robinson/Margaret Hoffman) |
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Remand to Executive Director |
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Amendment to Water Rights Permit |
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Item 6. |
Docket No. 98-1094-WR. APPLICATION NO. 14-5434C BY
GARWOOD IRRIGATION COMPANY TO AMEND
CERTIFICATE OF ADJUDICATION NO. 14-5434, AS
AMENDED. THIS APPLICATION IS BEING REQUESTED
PURSUANT TO A JULY 20, 1998 "PURCHASE AGREEMENT"
BETWEEN THE APPLICANT AND THE LOWER COLORADO
RIVER AUTHORITY AND PURSUANT TO TEXAS WATER
CODE SECTIONS 11.122 AND 11.085. FOR COMMISSION
CONSIDERATION. Applicant seeks to amend the "Garwood
Remaining Right" portion of Certificate No. 14-5434, as amended,
which authorizes use of not to exceed 133,000 acre-feet of water per
annum from the Colorado River for irrigation in the Garwood
service area in Colorado and Wharton Counties in the Colorado and
Lavaca River Basins, by adding authorization to use the water for
municipal and industrial purposes and allowing use of the water
anywhere within Travis, Bastrop, Fayette, Colorado, Wharton and
Matagorda Counties. These counties include land in the Colorado,
Lavaca, Brazos and Guadalupe River Basins and in the Colorado-Lavaca and Brazos-Colorado Coastal Basins. (TSlade) |
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Continued to October 7, 1998 |
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Item 7. |
Docket No. 98-1095-WR. PURSUANT TO SECTION 2(u) OF
THE LOWER COLORADO RIVER AUTHORITY ACT, THE
LOWER COLORADO RIVER AUTHORITY IS REQUESTING
COMMISSION APPROVAL FOR USE OF IRRIGATION
WATER BEING PURCHASED FROM GARWOOD
IRRIGATION COMPANY. FOR COMMISSION
CONSIDERATION. In accordance with a July 20, 1998 "Purchase
Agreement" between the Garwood Irrigation Company and the
Lower Colorado River Authority which will result in ownership by
the Lower Colorado River Authority of irrigation rights authorized
by Certificate of Adjudication No. 14-5434, as amended, the Lower
Colorado River Authority is requesting Commission approval for its
use of the irrigation water. (TSlade) |
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Continued to October 7, 1998 |
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Authorization to Construct |
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Item 8. |
Docket No. 98-1069-MWD. Consideration of a Request by LAKE
FORK RESORT, LLC, for an Order authorizing construction of a
new wastewater treatment facility to serve Lake Fork Resort, LLC
prior to Commission consideration of its application for a
wastewater discharge permit. The proposed permit will authorize
the disposal of treated domestic wastewater effluent at a volume not
to exceed an average flow of 0.025 million gallons per day. The
facility will be located approximately 700 feet east of
Farm-to-Market Road 17 and 0.3 miles south of Farm-to-Market
Road 515 in Wood County, Texas. The proposed authorization to
construct would not permit the discharge of any wastewater. (Kay
Hricik/Zdenek Matl) |
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Approve Authorization To Construct, RM/JB. All Commissioners Agree |
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Temporary Variance |
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Item 9. |
Docket No. 98-0898-IWD. Request by BRAZOS ELECTRIC
POWER COOPERATIVE, INC. for a temporary variance to the
existing surface water quality standards for total aluminum in Lake
Palo Pinto in Segment No. 1230 of the Brazos River Basin. The
temporary variances will allow the Commission time to consider
adoption of a site specific standard prior to Brazos Electric Power
Cooperative, Inc. having to comply with effluent limits based on
existing surface water quality standards. (Robert
Robinson/Marianne Baker) |
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Remand to Executive Director |
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Permit Renewal |
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Item 10. |
Docket No. 98-0898-IWD. Request by BRAZOS ELECTRIC
POWER COOPERATIVE, INC. for a renewal of Permit No. 01903.
The permit authorizes the continuous discharge of once through
cooling water via Outfall 001 at a daily average flow not to exceed
400 million gallons per day, and the intermittent discharge of low
volume waste sources via Outfalls 002 and 003 on a variable flow
basis. The permittee operates the Randle W. Miller steam electric
generating station. The plant site is located on the west shore of
Lake Palo Pinto, three miles east of Farm-to-Market Road 919,
approximately 11 miles north of the City of Gordon, Palo Pinto
County, Texas. (Robert Robinson/Marianne Baker) |
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Remand to Executive Director |
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Temporary Order |
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Item 11. |
Docket No. 98-1042-MWD. Consideration of a request by the
Texas Department of Transportation (TxDOT) for a Temporary
Order authorizing the discharge of 0.3 million gallons per day
(MGD), as a daily maximum, of ground water to the City of El Paso
storm sewer system; thence to the Rio Grande above International
Dam from a highway improvement project. TxDOT proposes to
install storm water drainage to prevent area flooding. The work will
include trenching and dewatering of infiltrated groundwater in two
areas with previously documented groundwater contamination.
(Steven Shepherd) |
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Remand to Executive Director |
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Miscellaneous |
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Item 12. |
Docket No. 98-0417-MIS. Consideration of gifts and donations of
$500.00 or more in value given to the TNRCC in the last quarter of
fiscal year 1998 in accordance with Senate Bill 145, which added
Chapter 575 to the Government Code, concerning acceptance of
gifts by certain state agencies. (T. Coronado) |
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Approve staff recommendation, RM/JB. All Commissioners Agree |
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Municipal Solid Waste Nominations and Appointments of an
Elected Official |
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Item 13. |
Docket No. 98-0783-MSW. Consideration of nominations and
appointment of an elected official from a municipality with a
population fewer than 25,000 to the Municipal Solid Waste
Management and Resource Recovery Advisory Council. (Gary W.
Trim) |
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Continued to September 24, 1998 |
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Public Water Supply Enforcement Agreed Order |
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Item 14. |
Docket No. 97-1168-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Alfred Haas d.b.a. Chaney Point RV Park in Wood County: PWS
No. 2500050; for drinking water quality violations pursuant to the
Texas Health & Safety Code, Chapter 341 and the rules of the Texas
Natural Resource Conservation Commission. (Subhash Jain) |
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Issue Agreed Order, BM/JB. All Commissioners Agree |
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Industrial Waste Discharge Enforcement Agreed Order |
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Item 15. |
Docket No. 97-1123-IWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
CoGen Lyondell, Inc in Harris County; Permit No. 02845; for water
quality violations pursuant to the Texas Water Code, Chapter 26,
and the rules of the Texas Natural Resource Conservation
Commission. (Craig Carson) |
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Issue Agreed Order, BM/RM. All Commissioners Agree |
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Agricultural Enforcement Agreed Order |
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Item 16. |
Docket No. 97-1014-AGR-E. Consideration of an Agreed Order
assessing administrative penalties of James Traweek dba Jam-Dot
Dairy in Erath County; Permit Number 03217; for water quality
violations pursuant to the Texas Water Code, Chapter 26, and the
rules of the Texas Natural Resource Conservation Commission.
(Claudia Chaffin) |
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Issue Agreed Order, JB/BM. All Commissioners Agree |
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Item 17. |
Docket No. 97-0917-AGR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
A.B. Owens dba Liberty Valley Dairy in Erath County; TNRCC ID
No. None; 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, BM/JB. All Commissioners Agree |
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Air Enforcement Agreed Order |
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Item 18. |
Docket No. 98-0527-AIR-E. Consideration of an Agreed Order
assessing administrative penalties of U-Haul Company #724 in El
Paso County; Account No. EE-1688-M; 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, JB/BM. All Commissioners Agree |
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Item 19. |
Docket No. 98-0078-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Odell Geer Construction Company, Incorporated in Bell County;
Account No. BF-0057-I; 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. (Suzanne
Walrath) |
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Remand to Executive Director, BM/RM. Baker Voted Against |
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Item 20. |
Docket No. 97-1172-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
American Lumber Milling & Manufacturing, Incorporated dba
Wiergate Forest Products in Newton County; Account No.
NC-0008-B; 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. (Lawrence King) |
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Issue Agreed Order, JB/BM. All Commissioners Agree |
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Item 21. |
Docket No. 97-0356-AIR-E. Consideration of an Agreed Order
assessing administrative penalties against Great Lakes Carbon
Corporation in Jefferson County; TNRCC ID No. JE-0040-F; for air
quality violations pursuant to the Texas Clean Air Act, Chapter 382
of the Texas Health & Safety Code, and the rules the Texas Natural
Resource Conservation Commission. (Ali Abazari) |
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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 22. |
Docket No. 98-0053-AIR-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of
Jim Steenbergen dba First Fitness Equipment International in
Tarrant County; TNRCC ID No. TA-3593-J for air quality
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. (Tracy L. Harrison) |
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Issue Default Order, RM/BM. All Commissioners Agree |
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Petroleum Storage Tank Enforcement Agreed Order |
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Item 23. |
Docket No. 98-0234-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Amin Hajayanee in Tarrant County; Facility ID Number 0044225;
for petroleum storage tank violations pursuant to the Texas Water
Code, Chapter 7 and Chapter 26, and Texas Health and Safety Code,
Chapter 382, and the rules of the Texas Natural Resource
Conservation Commission. (Sushil Modak) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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Item 24. |
Docket No. 98-0288-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
City of Arlington in Tarrant County; PST Fleet Center 0043864; for
petroleum storage tank violations pursuant to the Texas Water Code,
Chapter 7, and the rules of the Texas Natural Resource Conservation
Commission. (Sushil Modak) |
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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 25. |
Docket No. 98-0096-MWD-E. Consideration of an Agreed Order
assessing administrative penalties of the City of Midlothian in Ellis
County; Permit No. 10348-001; 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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Item 26. |
Docket No. 98-0019-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Victor M. Ashe dba Shady Oaks Mobile Home Community & RV
Park in Erath County; No TRNCC Permit Number; for water quality
violations pursuant to the Texas Water Code, Chapter 26, and the
rules of the Texas Natural Resource Conservation Commission.
(Michael Meyer) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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Item 27. |
Docket No. 97-1171-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
the City of Grapeland in Houston County; Permit No. 10181-002;
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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Item 28. |
Docket No. 98-0218-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Bill and Helen J. Williams in Johnson County; No Permit Number;
for water quality violations pursuant to the Texas Water Code,
Chapter 26, and the rules of the Texas Natural Resource
Conservation Commission. (Pamela Campbell) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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Item 29. |
Docket No. 98-0025-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
the City of Azle in Tarrant County; Permit No. 11183-003; for water
quality violations pursuant to the Texas Water Code, Chapter 26,
and the rules of the Texas Natural Resource Conservation
Commission. (Laurie Eaves). |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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Rules |
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Item 30. |
Docket No. 98-0419-RUL. Consideration for adoption of
amendments to 30 TAC Chapter 305, Subchapter C, concerning
Application for Permit; and 30 TAC Chapter 335, Subchapter A,
concerning Industrial Solid Waste and Municipal Hazardous Waste
in General, Subchapter B, concerning Hazardous Waste
Management General Provisions, Subchapter C, concerning
Standards Applicable to Generators of Hazardous Waste,
Subchapter D, concerning Standards Applicable to Transporters of
Hazardous Waste, Subchapter E, concerning Interim Standards for
Owners and Operators of Hazardous Waste Storage, Processing, or
Disposal Facilities, Subchapter F, concerning Permitting Standards
for Owners and Operators of Hazardous Waste Storage, Processing,
or Disposal Facilities, Subchapter H, concerning Standards for the
Management of Specific Wastes and Specific Types of Facilities,
and Subchapter O, concerning Land Disposal Restrictions. The
amendments update the commission's hazardous waste rules
primarily to address changes to the federal hazardous waste
regulations promulgated between July 1, 1994, and June 30, 1996.
The amendments also incorporate streamlining reforms to correct
errors and inconsistencies within the rules, and technical revisions to
add cross-references and amend incorrect cross-references. The
proposal was published in the June 19, 1998 issue of the Texas
Register (23 TexReg 6388). (Ray Austin) (Rule Log No.
98008-335-WS) |
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Adopt Amendments, RM/JB. All Commissioners Agree |
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Item 31. |
Docket No. 98-0988-RUL. Consideration for publication of and
hearing upon the proposed repeal of 30 TAC Chapter 238,
concerning Water Well Drillers Rules and 30 TAC Chapter 340,
concerning Licensing Requirements and Complaint Procedures for
Water Well Drillers and Pump Installers. The proposed repeals
would reflect the transfer of the water well drillers licensing
program from the commission to the Texas Department of Licensing
and Regulation. In addition, these proposed actions constitute the
commission's review of rules contained in 30 TAC Chapters 238
and 340, in accordance with the General Appropriations Act, Article
IX, Rider 167, 75th Legislature, 1997. (Steve Musick) (Rule Log
No. 97144-238-WT) |
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Continued to October 7, 1998 |
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EXECUTIVE SESSION |
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Item 32. |
Docket No. 98-1092-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 33. |
Docket No. 98-1093-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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