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DISTRICT MATTER |
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Item 1. |
Docket No. 98-1320-UCR. Consideration of an application by Malcolm
Bailey as receiver for D & S Water Service for an emergency water rate
increase; pursuant to Chapter 5 and 13 of the Texas Water Code and the
rules of the Texas Natural Resource Conservation Commission. The
utility serves approximately 908 connections in Brazos, Burleson, Fort
Bend, Harris, Montgomery, Robertson, Walker, Waller, and Wharton
Counties, Texas. The application states that the rate increase is necessary
to ensure the provision of continuous and adequate services to the utility's
customers. (Angela Stepherson, Mary Jane Ford) |
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Approve Order with changes, JB/BM. All Commissioners Agree |
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AUTHORIZATIONS TO CONSTRUCT |
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Item 2. |
Docket No. 98-1037-MWD. Consideration of a Request by LAVON
COUNTRY MEADOWS, INC., for an Order authorizing construction of
a wastewater treatment facility in Collin County, Texas, before
Commission consideration of its application for a wastewater discharge
permit under Sections 26.019 and 26.027(c) of the Texas Water Code.
The proposed authorization to construct would not permit the use of the
newly constructed wastewater treatment facility. (Monique Norman,
Julian Centeno) |
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Approve Authorization To Construct, JB/RM. All Commissioners Agree |
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Item 3. |
Docket No. 98-1322-MWD. Consideration of a Request by TRAMMEL
CROW HOUSTON, LTD. for an Order authorizing construction of a
wastewater treatment facility for an office building and warehouse
complex, in Harris County, Texas, before Commission consideration of
its application for a wastewater permit under Sections 26.019 and
26.027(c) of the Texas Water Code. The proposed authorization to
construct would not permit the use of the newly constructed wastewater
treatment system. (Kathy Brown, Melinda Luxemburg) |
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Approve Authorization to Construct, RM/JB. All Commissioners Agree |
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Item 4. |
Docket No. 98-1312-MWD Consideration of a Request by SDGA
Investments, Inc., for an Order authorizing construction of a wastewater
treatment facility in Montgomery County, Texas, before Commission
consideration of its application for a wastewater discharge permit under
§§ 26.019 and 26.027(c) of the Texas Water Code. The proposed
authorization to construct would not permit the use of the newly
constructed wastewater treatment facility. (Monique Norman, Julian
Centeno) |
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Approve Authorization to Construct, RM/BM. All Commissioners Agree |
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Item 5. |
Docket No. 98-1310- MWD. Consideration of a Request by Hammond
Mound Utilities, Inc. for an Order authorizing construction of a
wastewater treatment facility for a mobile home park and industrial
complex, in Waller County, Texas, before Commission consideration of
its application for a wastewater permit under 26.019 and 26.027(c) of the
Texas Water Code. The proposed authorization to construct would not
permit the use of the newly constructed wastewater treatment system.
(Kathy Brown, Philip Urbany) |
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Approve Authorization to Construct, JB/RM. All Commissioners Agree |
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MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED
ORDERS |
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Item 6. |
Docket No. 98-0163-MWD-E. Consideration of an Agreed Order
assessing administrative penalties of the City of Annona in Red River
County; TNRCC Permit No. 10863-001; for water quality violations
pursuant to Texas Water Codes, Chapters 7 and 26, and the rules of the
Texas Natural Resource Conservation Commission. (Karen Berryman) |
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Issue Agreed Order, BM/JB. All Commissioners Agree |
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Item 7. |
Docket No. 97-0939-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Supreme Beef Packers, Inc. in Fannin County; No Water Quality Permit;
for water quality violations pursuant to the Texas Water Code, Chapter 26
and the rules of the Texas Natural Resource Conservation Commission.
(Brian Lehmkuhle) |
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Issue Agreed Order, BM/JB. All Commissioners Agree |
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Item 8. |
Docket No. 97-0262-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Chet
Andrews dba Oak Hill Mobile Home Park in Parker County; No Permit;
for water quality violations pursuant to Texas Water Codes, Chapters 7
and 26, and the rules of the Texas Natural Resource Conservation
Commission. (Karen Berryman) |
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Issue Agreed Order, BM/JB. All Commissioners Agree |
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Item 9. |
Docket No. 97-1176-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Luce
Bayou Public Utility District in Harris County; Water Quality Permit No.
11167-001; 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, BM/JB. All Commissioners Agree |
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AIR ENFORCEMENT AGREED ORDERS |
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Item 10. |
Docket No. 98-0315-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Subsea
Ventures,Incorporated in Harris County; Account No. HG-9639-L; for air
quality violations pursuant to the Texas Clean Air Act, Texas Health &
Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of
the Texas Natural Resource Conservation Commission. (Sheila Smith) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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Item 11. |
Docket No. 98-0335-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Mr.
John Wallace and Mr. Dave Barter dba R & W Industries in Brazos
County; Account No. BM-0239-U; for air quality violations pursuant to
the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382,
Texas Water Code, Chapter 7, and the rules of the Texas Natural
Resource Conservation Commission. (Suzanne Walrath) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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Item 12. |
Docket No. 98-0844-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against North Texas Cement Company in Ellis County; Account No.
ED-0034-O; for air quality violations pursuant to the Texas Clean Air
Act, Texas Health & Safety Code, Chapter 382, Texas Water Code,
Chapter 7, and the rules of the Texas Natural Resource Conservation
Commission. (Michael De La Cruz) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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Item 13. |
Docket No. 98-0100-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Curiel
Construction, Incorporated in El Paso County;TNRCC ID No.
EE-0739-E;for air violations pursuant to the Texas Clean Air Act, Chapter
382 of the Texas Health & Safety Code, Chapter 7 of the Texas Water
Code, and the rules of the Texas Natural Resource Conservation
Commission. (Laura Kohansov) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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ON-SITE INSTALLER ENFORCEMENT DEFAULT ORDER |
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Item 14. |
Docket No. 97-1037-OSI-E. Consideration of a Default Order assessing
administrative penalties against Richard Dinscore in Hays
County;TNRCC ID No. 3885;for on-site sewage installer violations
pursuant to Chapter 366 of the Texas Health & Safety Code and the rules
of the Texas Natural Resource Conservation Commission. (William
Puplampu) |
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Approve Default Order, BM/RM. All Commissioners Agree |
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MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT
ORDER |
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Item 15. |
Docket No. 98-0149-MSW-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of James
Higgins and John Higgins dba Bulldog Environmental in Montgomery
County;TNRCC ID No. None;for municipal solid waste violations
pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas
Health & Safety Code, Chapter 7 of the Texas Water Code, and the rules
of the Texas Natural Resource Conservation Commission. (William
Puplampu) |
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Remand to Executive Director |
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PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDER |
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Item 16. |
Docket No. 98-0660-PWS-E. Consideration of an Agreed Order
assessing administrative penalties against Glasscock County Coop Gin in
Glasscock County; PWS No. 0870003; for drinking water quality
violations pursuant to the Texas Health and Safety Code, Chapter 341 and
the rules of the Texas Natural Resource Conservation Commission.
(Sandy VanCleave) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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Item 17. |
Docket No. 97-0676-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of James
Jones dba Jones Mobile Home Park in Gregg County; TNRCC ID No.
0920029;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. (Lisa Z. Hernandez) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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Item 18. |
Docket No. 98-0428-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Appleby Water Supply Corporation in Nacagdoches County; PWS No.
1740005; for drinking water quality violations pursuant to Texas Health
and Safety Code, Chapter 341, and the rules of the Texas Natural
Resource Conservation Commission. (Sandy VanCleave) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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AGRICULTURAL AGREED ENFORCEMENT ORDER |
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Item 19. |
Docket No. 98-0356-AGR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Bauke
Mulder in Hamilton County for water quality violations pursuant to the
Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural
Resource Conservation Commission. (Claudia Chaffin) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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EDWARDS AQUIFER ENFORCEMENT AGREED ORDER |
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Item 20. |
Docket No. 98-0246-EAQ-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Ultramar Diamond Shamrock Corp. in Williamson County; Edwards
Aquifer Protection Program File Number 94031101; for water quality
violations and past-due Hazardous Waste Facility Program fees, Public
Health Service fees, and Voluntary Cleanup Program fees pursuant to
Texas Water Code, Chapters 7 and 26, Texas Health & Safety Code,
Chapters 341 and 361, and the rules of the Texas Natural Resource
Conservation Commission. (Laurie Eaves) |
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Remand to Executive Director, BM/JB. All Commissioners Agree |
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PETROLEUM STORAGE TANK ENFORCEMENT AGREED
ORDER |
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Item 21. |
Docket No. 98-0404-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Adnan
Enterprises, Inc. in Galveston County; Petroleum Storage Tank Facility
Identification Number. 54554; Enforcement Identification Number
12136; for petroleum storage tank violations pursuant to Texas Health &
Safety Code, Chapter 382 and Texas Water Code, Chapter 7 and the rules
of the Texas Natural Resource Conservation Commission. (Julia
McMasters) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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STATE IMPLEMENTATION PLAN |
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Item 22. |
Docket No. 98-1103-SIP. Consideration for publication of and hearing
upon proposed revisions to the State Implementation Plan (SIP)
concerning the Northeast Texas Flexible Attainment Region. The revised
SIP would make certain local ozone precursor emission reductions
federally enforceable. (Brian Foster) (Rule Log No. 96175-SIP-AI). |
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Approve Publication and Hearing, RM/BM. All Commissioners Agree |
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RULES |
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Item 23. |
Docket No. 98-0251-RUL. Consideration for adoption of revisions to 30
TAC Chapter 114, Subchapter G, Section 114.260, concerning
Transportation Conformity, and a revision to the State Implementation
Plan, concerning Transportation Conformity. The proposal was originally
published in the April 24, 1998, issue of the Texas Register (23 TexReg
4011), and republished with changes in the August 14, 1998, issue of the
Texas Register (23 TexReg 8364). (Cathy Stephens/Alan Henderson)
(Rule Log No. 98003-114-AI). |
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Approve adoption of revisions, RM/JB. All Commissioners Agree |
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Item 24. |
Docket No. 98-0837-RUL. Consideration for adoption of new 30 TAC
Chapter 11, Sections 11.2 and 11.3, concerning contracts. If adopted, the
new sections would 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
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. The
proposed rules were published in the August 14, 1998, issue of the Texas
Register (23 TexReg 8358). (Kathy Robbins) (Rule Log No.
97161-011-AD) |
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Approve Adoption with instructions to staff regarding changes, BM/JB. All
Commissioners Agree |
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Item 25. |
Docket No. 98-1170-RUL. Consideration for publication of the proposed
repeal of 30 TAC Chapter 336, Section 336.12, concerning Appendix B,
Memorandum of Understanding Between Railroad Commission of Texas;
Texas Department of Health and Texas Natural Resource Conservation
Commission Regarding Uranium Surface Mining, Uranium Ore Milling,
and Tailings Ponds and Impoundments. If approved, the repeal would
remove an obsolete Memorandum of Understanding (MOU) from the
rules. (Kathy Vail/Snehal Patel) (98031-336-WS) |
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Approve publication for repeal, BM/RM. All Commissioners Agree |
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Item 26. |
Docket No. 98-1319-RUL. Consideration of a petition by Travis County
Water Control and Improvement District, Number 17, for rulemaking to
revise 30 TAC Chapter 322 concerning Community Wastewater Planning.
If approved, the petition will expand the applicability of 30 TAC Chapter
322 to include water districts. Staff recommends initiating a rulemaking
with modifications. Staff modifications, if approved, would delineate
requirements for regional plans and specify procedures for commission
approval of regional plans. |
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Deny Petition, RM/BM. All Commissioners Agree |
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EXECUTIVE SESSION |
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Item 27. |
Docket No. 98-1156-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 Required |
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Item 28. |
Docket No. 98-1157-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 Required |
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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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