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HEARING REQUESTS |
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Item 1. |
Docket No. 1999-1555-IWD. Consideration of permit application 04018, submitted
by DRESSER INDUSTRIES, INC. for a major amendment to TNRCC Permit No.
04018 (formerly Permit No. 12046-001) to authorize the addition of utility and
process wastewaters to the wastestream at Outfall 001 and to renumber Permit No.
12046-001 to Permit No. 04018 to identify it as an industrial wastewater permit. The
existing permit authorizes the discharge of treated domestic wastewater at a daily
average flow not to exceed 70,000 gallons per day via Outfall 001. Issuance of this
Texas Pollutant Discharge Elimination System (TPDES) permit will replace the
existing NPDES Permit No. TX0078638 issued on July 12, 1979 and TNRCC Permit
No. 12046-001 issued on August 9, 1996. The applicant operates a multi-building
complex that includes a hotel; administrative offices; training center; cafeteria; several
after-market service centers; analytical, product testing and research and development
laboratories; and manufacturing and assembly operations for oil field service
equipment. The plant site is located approximately one mile south of Bush
Intercontinental Airport and one mile east of Aldine Westfield Road and 0.5 miles
west of John Kennedy Boulevard, Harris County, Texas. The commission will also
consider hearing requests, related responses and replies, public comment and the
Executive Director's response to comments. (Galindo/Aplin) |
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Chairman Huston moved to deny the hearing request and Commissioner Marquez seconded; all
approved. |
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Item 2. |
Docket No. 2000-0797-AGR. Consideration of permit application no. 04032,
submitted by Pilgrim Poultry, G. P. for a new Texas Pollutant Discharge Elimination
System (TPDES) permit to operate a concentrated animal feeding operation (CAFO)
for a poultry egg layer facility with a maximum of 1,400,000 birds. No discharge of
pollutants into the waters in the state is authorized by the permit except as a result of a
chronic or catastrophic rainfall event. The facility is located on Farm-to-Market Road
556 approximately seven miles southwest from the City of Pittsburg, Camp County,
Texas. The Commission will also consider hearing requests, related responses and
replies, public comment and the Executive Director's response to comments. (Ed
Whitmore/A. Tatu) |
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Chairman Huston moved to approve the hearing requests and Commissioner Marquez seconded; all
approved. |
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Item 3. |
Docket No. 2000-0825-MWD. Consideration of permit application no. 14077-001,
submitted by BRADFIELD FAMILY PARTNERSHIP LTD. for a new permit,
proposed Permit No. 14077-001, to authorize the disposal of treated domestic
wastewater at a daily average flow not to exceed 3,700 gallons per day via subsurface
drainfields with a minimum area of 61,420 square feet. This permit will not authorize
a discharge of pollutants into waters in the State. The wastewater treatment facilities
and disposal area are located approximately 1,000 feet south of the intersection of
Loop 360 and Mopac Boulevard in Travis County, Texas. The plant site and disposal
area are located in the drainage basin of Barton Creek in Segment No. 1430 of the
Colorado River Basin. The Commission will also consider hearing requests, related
responses and replies, public comment and the Executive Director's response to
comments. (Firoj Vahora/Oren Connaway) |
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Continued to October 18, 2000. |
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AGRICULTURAL ENFORCEMENT AGREED ORDERS |
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Item 4. |
Docket No. 2000-0279-AGR-E. Consideration of an Agreed Order assessing
administrative penalties against Hondo Creek Cattle Company, Ltd. in San Patricio
County; Water Quality Permit No. 01497; for water quality violations purusant to Tex.
Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation
Commission. (Pamela Campbell, Terry Murphy) |
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Commissioner Marquez moved to approve the Agreed Order and Commissioner Baker seconded; all
approved. |
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Item 5. |
Docket No. 1999-0855-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. John Hafliger dba
Tierra Blanca Properties in Deaf Smith County; Water Quality Permit No. 03343;
for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules
of the Texas Natural Resource Conservation Commission. (Shawn A. Hess, Pamela
Campbell) |
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Commissioner Marquez moved to approve the Agreed Order and Commissioner Baker seconded; all
approved. |
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PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
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Item 6. |
Docket No. 1997-1085-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Hartley Water Supply
Corporation, Hartley County; TNRCC ID NO.1030010; 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. (Joshua M. Olszewski) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Baker seconded; all
approved. |
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Item 7. |
Docket No. 2000-0136-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Central Bowie County
Water Supply Corporation in Bowie County; Public Water Supply ID No. 0190024;
for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the
rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind,
Terry Murphy) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Baker seconded; all
approved. |
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Item 8. |
Docket No. 1998-1451-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Crockett County WCID No.
1 in Crockett County; Public Water Supply No. 0530011; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (John Mead) |
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Remanded to Executive Director. |
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Item 9. |
Docket No. 2000-0333-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Halliburton Energy Services, Inc. in Harris County;
Public Water Supply 1011560; for drinking water violations pursuant to Tex. Health
& Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation
Commission. (Shawn Stewart, Terry Murphy) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Baker seconded; all
approved. |
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Item 10. |
Docket No. 2000-0334-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Lohn Water Supply Corporation in McCulloch
County; Public Water Supply No. 1540002; for drinking water violations pursuant to
Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource
Conservation Commission. (Sandy VanCleave, Terry Murphy) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Baker seconded; all
approved. |
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Item 11. |
Docket No. 2000-0322-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against New Town Water Corporation in Colorado County;
Public Water Supply No. 0450023; for drinking water quality violations pursuant to
Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource
Conservation Commission. (Elvia Maske) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Baker seconded; all
approved. |
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Item 12. |
Docket No. 2000-0197-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Gerald S. Calvert and Randy Russell dba Oak
Ridge Mobile Home Park in Brazoria County; Public Water Supply No. 0200183;
for drinking water violations pursuant to Tex. Health & Safety Code ch. 341, and the
rules of the Texas Natural Resource Conservation Commission. (Jaime Garza, Terry
Murphy) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Baker seconded; all
approved. |
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Item 13. |
Docket No. 2000-0061-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of VV Water Supply System,
Inc. in Denton County; Public Water Supply No. 0610052; for drinking water
violations pursuant to Tex. Health & Safety Code ch. 341, and the rules of the Texas
Natural Resource Conservation Commission. (Wendy Penland, Terry Murphy) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Baker seconded; all
approved. |
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EDWARDS AQUIFER ENFORCEMENT AGREED ORDERS |
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Item 14. |
Docket No. 1999-1550-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties against Mr. John Leininger and Harvest Fellowship
Community Church in Bexar County; Edwards Aquifer Protection Program No.
1263; for water quality violations pursuant to the Tex. Water Code chs. 7 and 26 and
the rules of the Texas Natural Resource Conservation Commission. (Brian
Lehmkuhle, Terry Murphy) |
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Commissioner Marquez moved to approve the Agreed Order and Chairman Huston seconded; all
approved. |
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Item 15. |
Docket No. 2000-0099-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties against Pemarco, Inc. in Williamson County; Edwards
Aquifer File Nos. 98092301 & 98092401; for water quality violations pursuant to
Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource
Conservation Commission. (Sherry Smith) |
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Commissioner Marquez moved to approve the Agreed Order and Chairman Huston seconded; all
approved. |
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SLUDGE ENFORCEMENT AGREED ORDER |
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Item 16. |
Docket No. 1998-0464-SLG-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Nicholas Hallinan in Nueses
County; TNRCC ID NO. None; for unauthorized discharge of hazardous waste
violations pursuant to Chapter 26 of the Texas Water Code, Chapter 361 of the Texas
Health and Safety Code, and the rules of the Texas Natural Resource Conservation
Commission. (John Sumner) |
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Commissioner Marquez moved to approve the Agreed Order and Commissioner Baker seconded; all
approved. |
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MULTI-MEDIA ENFORCEMENT AGREED ORDERS |
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Item 17. |
Docket No. 2000-0701-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Friede Goldman Offshore
Texas, L. P. in Orange County; TNRCC ID Nos. 23492 and 81891 and Air Account
No. OC-0376-V; for air violations pursuant to the Texas Water Code chs. 7 and 26,
Texas Health & Safety Code ch. 361, Texas Clean Air Act, Chapter 382 of the Texas
Health & Safety Code, and the rules of the Texas Natural Resource Conservation
Commission. (Richard S. O'Connell) |
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Commissioner Marquez moved to approve the Agreed Order and Chairman Huston seconded; all
approved. |
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Item 18. |
Docket No. 1999-1376-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of City of Corpus Christi in
Nueces County County; MSW Permit No. 423A and Air Account No. NE-0034-B; for
air quality and municipal solid waste violations pursuant to Tex. Water Code chs. 7
and 26, Tex. Health & Safety Code chs. 382 and 361, and the rules of the Texas
Natural Resource Conservation Commission. (Gary L. McDonald, John Mead) |
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Commissioner Marquez moved to approve the Agreed Order and Chairman Huston seconded; all
approved. |
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Item 19. |
Docket No. 1999-0592-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Heritage Financial Group,
Inc. in Harrison County; PWS ID No. 1020061 and Water Quality Permit No.
13522-001; for water quality and drinking water violations pursuant to Tex. Water
Code chs. 7 and 26, Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Gilbert Angelle, Tel Croston) |
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Commissioner Marquez moved to approve the Agreed Order and Chairman Huston seconded; all
approved. |
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AIR ENFORCEMENT AGREED ORDERS |
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Item 20. |
Docket No. 2000-0053-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Cal-Tex Lumber Company,
Inc. in Nacogdoches County; Air Account No. NA-0055-O; for air quality violations
pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules
of the Texas Natural Resource Conservation Commission. (Susan Kelly, Tel Croston) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
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Item 21. |
Docket No. 2000-0439-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Chevron U.S.A., Inc. in Ward County; Air Account
Nos. WC-0083-I, WC-0084-G; for air quality violations pursuant to Tex. Health &
Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural
Resource Conservation Commission. (Dan Landenberger, Tel Croston) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
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Item 22. |
Docket No. 1999-1564-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Clemsa Lumber Company
in Angelina County; Air Account No. AC-0051-B; for air quality violations pursuant
to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the
Texas Natural Resource Conservation Commission. (Susan Kelly, Tel Croston) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
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Item 23. |
Docket No. 2000-0464-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Echo Production, Inc. in Hardeman County; Air
Account No. HE-0012-I; for air quality violations pursuant to Texas Clean Air Act,
Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas
Natural Resource Conservation Commission. (Kara Dudash, Tel Croston) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
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Item 24. |
Docket No. 2000-0188-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Engineered Carbons,
Incorporated in Orange County; TNRCC Air Account No. OC-0020-R; for air
quality violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch.
382, and the rules of the Texas Natural Resource Conservation Commission. (Laura
Clark, Tel Croston) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
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Item 25. |
Docket No. 2000-0227-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Kelly-Moore Paint
Company, Inc. in Tarrant County; Air Account No. TA-0203-D; for air quality
violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex.
Water Code ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (Wendy Penland, Tel Croston) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
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Item 26. |
Docket No. 2000-0081-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Louisiana-Pacific Corporation in Jasper County;
TNRCC Air Permit No. 22377; for air quality violations pursuant to Texas Health &
Safety Code Chapter 382, Texas Water Code Chapter 7, and the rules of the Texas
Natural Resource Conservation Commission. (Sandy VanCleave) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
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Item 27. |
Docket No. 2000-0015-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Oil Patch Sandblast and Paint, LTD. in Harris
County; Air Account No. HX-1323-M; for air quality violations pursuant to Texas
Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the
rules of the Texas Natural Resource Conservation Commission. (Sheila Smith, Tel
Croston) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
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Item 28. |
Docket No. 2000-0283-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of San Miguel Electric
Cooperative, Inc. in Atascosa County; Air Account No. AG-0007-G; for air quality
violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex.
Water Code ch. 7 and the rules of the Texas Natural Resource Conservation
Commission. (Malcolm A. Ferris, Tel Croston) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
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Item 29. |
Docket No. 2000-0255-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Sea-Dan Ranches, a General
Partnership in Calhoun County; TNRCC Air Account Number CB-0083-L; for air
quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code
ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Gary
L. McDonald, Tel Cro ston) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
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Item 30. |
Docket No. 2000-0226-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Stericycle, Inc. in Kaufman
County, Air Account No. KB-0006-V; for air quality violations pursuant to Texas
Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the
rules of the Texas Natural Resource Conservation Commission. (Wendy Penland, Tel
Croston) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
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Item 31. |
Docket No. 2000-0168-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of United Petroleum
Transports, Inc. in El Paso County; Air Account No. EE-1056-J; for air quality
violations pursuant to the Texas Clean Air Act; Tex. Health & Safety Code ch. 382,
Tex. Water Code ch 7, and the rules of the Texas Natural Resource Conservation
Commission. (Corey M. Burke) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
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INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT ORDER |
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Item 32. |
Docket No. 2000-0304-IHW-E. Consideration of an Agreed Order assessing
administrative penalties against Solutia, Inc. in Brazoria County; Solid Waste
Registration No. 30138; Permit No. HW-50189 Enf. ID No. 1073-3; for industrial &
hazardous waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex.
Water Code ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (Catherine Sherman, Erika Fair) |
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Commissioner Baker moved to approve the Agreed Order and Chairman Huston seconded.
Commissioner Marquez did not participate. |
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MUNICIPAL WASTE DISCHARGE ENFORCEMENT ORDERS |
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Item 33. |
Docket No. 2000-0090-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of AquaSource Utility,
Incorporated in Jefferson County; Water Quality 0011249-001; for water quality
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Laura Clark, Terry Murphy) |
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Reposted as Item No. 62. |
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Item 34. |
Docket No. 1999-1582-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of City of Atlanta in Cass
County; Water Quality Permit No. 10338-001 and NPDES Permit No. TX0032344;
for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules
of the Texas Natural Resource Conservation Commission. (Sherry Smith, Terry
Murphy) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
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Item 35. |
Docket No. 2000-0249-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of BC Utilities, Inc. in Harris
County; Water Quality Permit No. 11145-001 and NPDES Permit No. TX0067539;
for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules
of the Texas Natural Resource Conservation Commission. (Cathy Albrecht, Terry
Murphy) |
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Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
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Item 36. |
Docket No. 2000-0285-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against The Leroy and Dorothy Brown Family Limited
Partnership in Orange County; TPDES Permit No. 11357-001; for water quality
violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas
Natural Resource Conservation Commission. (Terry Murphy) |
|
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
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Item 37. |
Docket No. 2000-0106-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Harris County Municipal
Utility District No. 150 in Harris County; NPDES Permit No. TX0072893/Water
Quality Permit No. 11863-001; for water quality violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Steven Lopez, Terry Murphy) |
|
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
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Item 38. |
Docket No. 2000-0062-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Hometown Meadow Glen,
LLC in Tarrant County; Facility Water Quality Permit No. WQ12768-001; for water
quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Wendy Penland, Terry Murphy) |
|
Chairman Huston moved to continue the item to October 18, 2000 and Commissioner Baker seconded;
all approved. |
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Item 39. |
Docket No. 1999-1304-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against City of Ingleside in San Patricio County; Permit No.
10422-001 and NPDES Permit No. TX0020401; for water quality violations pursuant
to Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (John Mead, Terry Murphy) |
|
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
|
Item 40. |
Docket No. 1999-1488-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of City of Pearland in Brazoria
County; Water Quality No. 10134-002; for water quality violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Catherine Albrecht, Terry Murphy) |
|
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
|
Item 41. |
Docket No. 2000-0024-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Winnsboro in
Wood County; NPDES Permit No. TX0054658 and Water Quality Permit No.
10319-002; for water quality violations pursuant to Tex. Water Code chs. 7 and 26,
and the rules of the Texas Natural Resource Conservation Commission. (Pamela
Campbell) |
|
Chairman Huston moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
|
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ON-SITE SEWAGE FACILITY INSTALLER |
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Item 42. |
Docket No. 2000-0282-OSI-E. Consideration of an Agreed Order assessing
administrative penalties against Orvel Casey in Uvalde County; On-Site Sewage
Facility Installer Id. No. OS6282; for on-site sewage facility installer violations
pursuant to Tex. Health & Safety Code ch. 366 and Tex. Water Code ch. 7 and the
rules of the Texas Natural Resource Conservation Commission. (Julia McMasters) |
|
Commissioner Baker moved to approve the Agreed Order and Chairman Huston seconded; all
approved. |
|
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PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
|
Item 43. |
Docket No. 2000-0125-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Evans Systems, Inc. dba Boogie's Mini Mart in
Brazoria County; PST Facility ID No. 0036871; for petroleum storage tank violations
pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules
of the Texas Natural Resource Conservation Commission. (Trinia Lewison, Erika
Fair) |
|
Commissioner Baker moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
|
Item 44. |
Docket No. 1999-1419-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Crystal Beach Corporation
in Galveston County; Registration No. 0003909; for petroleum storage tank violations
pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26, and
the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz,
Erika Fair) |
|
Commissioner Baker moved to approve the Agreed Order and Commissioner Marquez seconded; all
approved. |
|
|
BUDGETS |
|
Item 45. |
Docket No. 2000-0927-BGT. Consideration of Fiscal Year 2001 Costs for
Watermaster Operations in the Rio Grande Water Division. For Commission
Action. Pursuant to Texas Water Code Section 11.329; and TAC Section 12.1; 12.3;
12.5 and 304.61 of the Commission Rules, the Executive Director requests that the
Commission consider Watermaster costs of administration for the fiscal year
beginning September 1, 2000 and ending August 31, 2001, for appropriators in the
Rio Grande Water Division, which extends from Fort Quitman, Texas to the mouth of
the Rio Grande River, excluding the watersheds of the Pecos and Devils Rivers; and
includes that portion of the Nueces-Rio Grande Coastal Basin lying in Hidalgo,
Cameron, Willacy and Starr Counties; and approve $625,000.00 as the amount to be
assessed, with the assessment per account to consist of a $50.00 base charge plus a use
fee and/or a storage fee calculated from the authorized acre-feet, and a penalty of
5.0% of any delinquent fee due shall be imposed on a person who fails to pay the
required fee when due and if the person fails to pay the fee within 30 days after the
day which the fee is due, an additional 5.0% penalty shall be imposed. Delinquent
fees will accrue interest beginning on the 61st day after their due date. The yearly
interest rate on all delinquent fees required under this title is the prime rate plus one
percent, as published in the Wall Street Journal on the first day of each calendar year
that is not a Saturday, Sunday, or legal holiday. Penalties and/or interest fees may be
waived by the Executive Director for good cause. |
|
Continued to October 4, 2000. |
|
Item 46. |
Docket No. 2000-0928-BGT. Consideration of Fiscal Year 2001 Costs for
Watermaster Operations in the South Texas Water Division. For Commission
Action. Pursuant to Texas Water Code Section 11.329; and TAC Section 12.1; 12.3;
12.5 and 304.61 of the Commission Rules, the Executive Director requests that the
Commission consider Watermaster costs of administration for the fiscal year
beginning September 1, 2000 and ending August 31, 2001, for appropriators in the
South Texas Water Division, which consists of the Nueces, San Antonio, Guadalupe
and Lavaca River Basins, as well as the Lavaca-Guadalupe, San Antonio-Nueces and
Nueces-Rio Grande Coastal Basins, except that part of the Nueces-Rio Grande Coastal
Basin in Hidalgo, Cameron, Willacy and Starr Counties, and approve $468,632.00 as
the amount to be assessed, with the assessment per account to consist of a $50.00 base
charge plus a use fee and/or a storage fee calculated from the authorized acre-feet, and
a penalty of 5.0% of any delinquent fee due shall be imposed on a person who fails to
pay the required fee when due and if the person fails to pay the fee within 30 days
after the day which the fee is due, an additional 5.0% penalty shall be imposed.
Delinquent fees will accrue interest beginning on the 61st day after their due date.
The yearly interest rate on all delinquent fees required under this title is the prime rate
plus one percent, as published in the Wall Street Journal on the first day of each
calendar year that is not a Saturday, Sunday, or legal holiday. Penalties and/or interest
fees may be waived by the Executive Director for good cause. |
|
Continued to October 4, 2000. |
|
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MISCELLANEOUS |
|
Item 47. |
Docket No. 2000-0215-MIS. Consideration of gifts and donations of $500.00 or
more in value given to the TNRCC, submitted for approval in accordance with
Chapter 575 to the Government Code, concerning acceptance of gifts by certain state
agencies. (Elizabeth West) |
|
Commissioner Marquez moved to approve and Chairman Huston seconded; all approved. |
|
|
DISTRICT MATTERS |
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Item 48. |
Docket No. 2000-0579-DIS. Consideration of approval of District's fire protection
plan and service contract as proposed for Fort Bend County Municipal Utility
District No. 117. |
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Continued to October 18, 2000. |
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Item 49. |
Docket No. 2000-0578-DIS. Consideration of approval of District's fire protection
plan and services contract as proposed for Fort Bend County Municipal Utility
District No. 109. |
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Continued to October 18, 2000. |
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Item 50. |
Docket No. 2000-0577-DIS. Consideration of approval of the District's fire
protection plan and services contract as provided for Fort Bend County Municipal
Utility District No. 108. |
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Continued to October 18, 2000. |
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Item 51. |
Docket No. 2000-0576-DIS. Consideration of approval of District's fire protection
plan and services contract as proposed for Fort Bend County Municipal Utility
District No. 106. |
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Continued to October 18, 2000. |
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Item 52. |
Docket No. 2000-0669-DIS. Consideration of approval of District's fire protection
plan and services contract as proposed for Fort Bend County Municipal Utility
District No. 1. |
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Continued to October 18, 2000. |
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Item 53. |
Docket No. 2000-0625-DIS. Consideration of approval of District's fire protection
plan and services contract as proposed for Plantation Municipal Utility District of
Fort Bend County. |
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Continued to October 18, 2000. |
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GENERAL PERMIT |
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Item 54. |
Docket No. 2000-0991-IWD. Consideration of order assuming the administration of
the EPA National Pollutant Discharge Elimination System Storm Water
Multi-Sector General Permit, permit number TXR05*###. The proposed order
would authorize the TNRCC to administer the EPA program and will continue the
effectiveness of the EPA permit until the Texas Pollutant Discharge Elimination
System Storm Water Multi-Sector General Permit is adopted. (Stephen Ligon/Scottie
Aplin). |
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Commissioner Marquez moved for adoption and Chairman Huston seconded; all approved. |
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Item 55. |
Docket No. 2000-0992-IWD. Consideration for publication of, and hearing on,
proposed TPDES general permit number TXR050000. The proposed TPDES general
permit would authorize discharges of storm water runoff associated with industrial
activities in accordance with federal NPDES requirements. (Stephen Ligon/Kathy
Brown) |
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Commissioner Marquez moved for adoption and Chairman Huston seconded; all approved. |
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RULES |
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Item 56. |
Docket No. 2000-0593-RUL. Consideration for the adoption of the rules review and
readoption of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles.
This review is in accordance with Texas Government Code, Section 2001.039, and the
General Appropriations Act, Article IX, Section 9 - 10.13, 76th Legislature, 1999,
which require state agencies to review and consider for readoption each of their rules
every four years. The proposal was published in the July 21, 2000 issue of the Texas
Register (25 TexReg 6986). (Jill Burditt) (Rule Log No. 2000-014-114-AI) |
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Commissioner Marquez moved for adoption and Commissioner Baker seconded; all approved. |
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Item 57. |
Docket No. 2000-0673-RUL. Consideration for the adoption of the rules review and
readoption of 30 TAC Chapter 344, Landscape Irrigators. This review is in
accordance with Texas Government Code, Section 2001.039, and the General
Appropriations Act, Article IX, Section 9 - 10.13, 76th Legislature, 1999, which
require state agencies to review and consider for readoption each of their rules every
four years. The proposal was published in the July 21, 2000 issue of the Texas
Register (25 TexReg 6987). (Jill Burditt) (Rule Log No. 1999-064Q-344-WT) |
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Chairman Huston moved for adoption and Commissioner Baker seconded; all approved. |
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Item 58. |
Docket No. 2000-0369-RUL. Consideration for adoption of amendments to the
following sections of 30 TAC Chapter 291, Utility Regulations: |
|
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Section 291.3. Definition of Terms. |
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Section 291.21. Form and Filing of Tariffs. |
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Section 291.26. Suspension of Rates. |
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Section 291.32. Rate Design. |
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Section 291.74. Maintenance and Location of Records. |
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Section 291.81. Customer Relations. |
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Section 291.83. Refusal of Service. |
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Section 291.85. Response to Requests for Service by a Retail Public Utility Within Its
Certificated Area. |
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Section 291.86. Service Connections. |
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Section 291.87. Billing. |
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Section 291.88. Discontinuance of Service. |
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Section 291.89. Meters. |
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Section 291.93. Adequacy of Water Utility Service. |
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Section 291.102 Criteria for Considering and Granting Certificates or Amendments. |
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Section 291.106. Notice for Applications for Certificates of Convenience and
Necessity. |
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Section 291.112. Transfer of Certificate of Convenience and Necessity. |
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Section 291.128. Petition or Appeal Concerning Wholesale Rate. |
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Section 291.131. Executive Director's Determination of Probable Grounds. |
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Section 291.132. Evidentiary Hearing on Public Interest. |
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Section 291.134. Commission Action to Protect Public Interest, Set Rates. |
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The amendments will primarily implement applicable requirements of Senate Bill 1,
75th Legislature, 1997, and Senate Bill 1421, 76th Legislature, 1999, relating to water
utilities and water rates. However, some of the amendments are in response to public
comments received during the quadrennial review of Chapter 291 and proposals from
commission staff as part of the agency's regulatory reform initiative and the
quadrennial review of the rules. The proposal was published in the June 30, 2000
issue of the Texas Register (25 TexReg 6289). (Wayne Wiley/Lara Nehman) (Rule
Log No. 1999-043-291-WT). |
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Commissioner Baker moved for adoption and Chairman Huston seconded; all approved. |
|
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EXECUTIVE SESSION |
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Item 59. |
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. 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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Item 60. |
Docket No. 1999-0025-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. 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. |
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Item 61. |
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. |
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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 THE 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. |