|
AIR QUALITY ENFORCEMENT AGREED ORDERS |
|
| Item 1. |
Docket No. 2002-1107-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Juan J. Mendez dba Big John's Muffler Shop in
Tarrant County; Air Account No. TA-4199-K; for air quality violations pursuant to
Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Commission on Environmental Quality, including specifically 30 Texas
Administrative Code ch. 60. (Wendy Cooper, Gloria Stanford) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 2. |
Docket No. 2002-0924-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Hilcorp Energy Company in Liberty County; Air
Account No. LH-0271-J; for air quality violations pursuant to Tex. Health & Safety
Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on
Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Suzanne
Walrath, Gloria Stanford) |
|
| Remanded to Executive Director |
| |
| Item 3. |
Docket No. 2002-0892-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Motiva Enterprises L. L. C.
in Jefferson County; Air Account No. JE-0095-D and Flexible Permit No. 8404; for
air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water
Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Laura
Clark, Gloria Stanford) |
| |
| Issue agreed order, RM/KW. All Agree |
|
|
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER |
|
| Item 4. |
Docket No. 2000-1374-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Nutro Products
Corporation in Harris County; TCEQ IHW ID No. 32026; for industrial and
hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, ch. 361 of
the Tex. Health & Safety Code, chs. 7 and 26 of the Tex. Water Code, and the rules
of the Texas Commission on Environmental Quality. (Robin Chapman, Gloria
Stanford) |
|
| Issue agreed order, RM/KW. All Agree |
|
|
MULTI-MEDIA MATTER ENFORCEMENT AGREED ORDER |
| |
| Item 5. |
Docket No. 2002-0932-MLM-E. Consideration of an Agreed Order assessing
administrative penalties against Al-Kel Alliance, Incorporated in Dallas County;
Air Account No. DB-5275-R and Solid Waste Registration No. 86817; for air quality
violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code
ch. 7, and the rules of the Texas Commission on Environmental Quality, including
specifically 30 Texas Administrative Code ch. 60. (Jorge Ibarra, P.E., Gloria
Stanford) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| |
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS |
|
| Item 6. |
Docket No. 2001-0484-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Young Brothers, Inc.,
Contractors in McLennan County; TCEQ UNA ID No. 455090073; for municipal
solid waste violations pursuant to the Texas Solid Waste Disposal Act, ch. 361 of the
Tex. Health & Safety Code, and the rules of the Texas Commission on Environmental
Quality. (Darren Ream, Gloria Stanford) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 7. |
Docket No. 2002-1058-MSW-E. Consideration of an Agreed Order assessing
administrative penalties against Magic Valley Roofing & Construction Company,
Incorporated in Cameron County; TCEQ ID No. HAT0031; for municipal solid
waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch.
7, and the rules of the Texas Commission on Environmental Quality. (Jaime Garza,
Gloria Stanford) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 8. |
Docket No. 2002-1019-MSW-E. Consideration of an Agreed Order assessing
administrative penalties against Pablo Rubio dba Rubio Bro's in Cameron County;
Municipal Solid Waste Unauthorized Site No. 455150048; for municipal solid waste
violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and
the rules of the Texas Commission on Environmental Quality. (Sandra Hernandez
Alanis, Gloria Stanford) |
|
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 9. |
Docket No. 2002-1132-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Rolando Zamora dba D & D
Waste Oil Services in Cameron County; Used Oil Handler Registration No. A85416
and Regulated Entity ID No. RN101060267; for municipal solid waste violations
pursuant to Tex. Health & Safety Code ch. 371, Tex. Water Code ch. 7, and the rules
of the Texas Commission on Environmental Quality, including specifically 30 Texas
Administrative Code ch. 60. (Jaime Garza, Gloria Stanford) |
|
| Issue agreed order, RM/KW. All Agree |
| |
|
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
|
| Item 10. |
Docket No. 2002-0523-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of D & K Development
Corporation in Tarrant County; Texas Pollutant Discharge Elimination System
Permit No. 13518-001; for water quality violations pursuant to Tex. Water Code chs.
7 and 26 and the rules of the Texas Commission on Environmental Quality. (Jorge
Ibarra, P.E., Gloria Stanford) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 11. |
Docket No. 2002-0705-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against the City of Sanger in Denton County; Water Quality
Permit No. 10271-001; for water quality violations pursuant to Tex. Water Code chs.
7 and 26 and the rules of the Texas Commission on Environmental Quality. (Wendy
Cooper, Gloria Stanford) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 12. |
Docket No. 2002-0749-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Sanderson Farms, Inc. in Brazos County; Texas
Pollutant Discharge Elimination System Permit No. 03821; for water quality
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality, including specifically 30 Texas
Administrative Code ch. 60. (Terry Murphy, Gloria Stanford) |
|
| Continued to May 29, 2003 |
| |
| Item 13. |
Docket No. 2002-0493-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Hardin Independent School District in Liberty
County; Texas Pollutant Discharge Elimination System Permit No. 13135-001; for
water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of
the Texas Commission on Environmental Quality. (Trina Grieco, Gloria Stanford) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| |
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS |
|
| Item 14. |
Docket No. 2002-0841-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Faye Smien dba Linda's
Quick Stop in Bell County; TCEQ PST ID No. 33682; for petroleum storage tank
violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas
Commission on Environmental Quality, including specifically 30 Texas Admin. Code
ch 60. (David Speaker, Gloria Stanford) |
|
| Issue default order, RM/KW. All Agree |
| |
| Item 15. |
Docket No. 2002-0557-PST-E. Consideration of a Default Order assessing
administrative penalties against Proton PRC, Ltd., in Henderson County; TCEQ
ID No. None; for petroleum storage tank violations pursuant to chs. 7 and 26 of the
Tex. Water Code and the rules of the Texas Commission on Environmental Quality.
(David Speaker, Gloria Stanford) |
|
| Issue default order, RM/KW. All Agree |
|
| Item 16. |
Docket No. 2001-1483-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of APM Enterprises Inc. dba
Al's Corner Store, in Bexar County; TCEQ PST ID No. 28962; for petroleum
storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules
of the Texas Commission on Environmental Quality. (Robin Chapman, Gloria
Stanford) |
|
| Issue default order, RM/KW. All Agree |
|
|
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
| |
| Item 17. |
Docket No. 2002-0516-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Pulak Barua dba Sunshine
Food Mart in Kaufman County; Petroleum Storage Tank Facility ID Nos. 0040023
and 0069326; for petroleum storage tank violations pursuant to Tex. Water Code chs.
7 and 26 and the rules of the Texas Commission on Environmental Quality. (Wendy
Cooper, Gloria Stanford) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 18. |
Docket No. 2002-0619-PST-E. Consideration of an Agreed Order assessing
administrative penalties against United Petroleum Transports Inc. in Denton
County; Petroleum Storage Tank Facility ID No. None; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Judy Fox, Gloria Stanford) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 19. |
Docket No. 2002-0338-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Morgan Oil Company in
Nacogdoches County; TCEQ ID No. None; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (John Barry, Gloria Stanford) |
|
| Issue agreed order, RM/KW. All Agree |
| |
|
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
|
| Item 20. |
Docket No. 2002-0195-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Faurie's Food and Fuel,
Incorporated in Burnet County; Public Water Supply No. 0270122; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Commission on Environmental Quality. (Lawrence King, Gloria
Stanford) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 21. |
Docket No. 2002-0675-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Oak Ridge Water Supply
Corporation in Blanco County; Public Water Supply No. 0160013; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Commission on Environmental Quality. (Lawrence King, Gloria
Stanford) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 22. |
Docket No. 2002-1081-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Pecan's Restaurant and Bar, Inc. in Harris
County; Public Water Supply No. 1012933; for drinking water quality violations
pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission
on Environmental Quality, including specifically 30 Texas Administrative Code ch.
60. (Kent Heath, Gloria Stanford) |
|
| Issue agreed order, RM/KW. All Agree |
| |
|
UNDERGROUND INJECTION CONTROL ENFORCEMENT AGREED
ORDER |
|
| Item 23. |
Docket No. 2001-0828-UIC-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Everest Exploration,
Incorporated in Karnes County; TCEQ Waste Disposal Well Permit No. 168; for
underground injection control violations pursuant to chs. 7 and 27 of the Tex. Water
Code and the rules of the Texas Commission on Environmental Quality. (Laurencia
Fasoyiro, Gloria Stanford) |
|
| Issue agreed order, RM/KW. All Agree |
| |
|
MISCELLANEOUS ITEMS |
|
| Item 24. |
Docket No. 2003-0466-MIS. Consideration of a request by Brushy Creek Water
Control & Improvement District No.1-A (District) to grant a variance to the
minimum hydrologic criteria design standards for dams pursuant to Title 30, Section
299.18 of the Texas Administrative Code. The District currently has twenty-three
dams in its area, seventeen of which are classified as high hazard dams that do not
meet the design requirements to withstand 100% of the Probable Maximum Flood
(PMF). The District requests a variance for all twenty-three dams to allow it to
upgrade the dams to 50% PMF plus implement various emergency notification and
monitoring procedures. (Todd Burkey, Chau Vo) |
|
| Approve the request to grant a variance, RM/KW. All Agree |
| |
| Item 25. |
Docket No. 2003-0479-MIS . Consideration of a Resolution to appoint Mr. Jerry
Lewis, licensed Irrigator, Mr. Don Weiss, licensed Irrigator, and Ms. Carole Baker,
public member to the Irrigator Advisory Council for Landscape Irrigation of the Texas
Commission on Environmental Quality. (Richard Craig/Kathy Brown) |
|
| Continued to May 29, 2003 |
|
| |
|
SUPERFUND MATTER |
|
| Item 26. |
Docket No. 2003-0514-SPF. Consideration of a resolution authorizing the Executive
Director to enter into settlements and other agreements with parties concerning natural
resource damages and ratifying any past agreements entered into by the Executive
Director concerning the same. (Caroline Sweeney) |
|
| Approve resolution authorizing the Executive Director to enter into settlement and other agreements
with parties concerning natural resource damages and ratifying any past agreements, RH/KW. All
Agree |
| |
|
WATER RIGHTS MATTER |
|
| Item 27. |
Docket No. 2002-1090-WR. Consideration of the Executive Director's Motion to
Dismiss Her Petition to Cancel three water rights on the Lower and Middle Rio
Grande. These three water rights were continued from the January 23, 2003
Commission meeting. Ella G. Wood, Account No. 587-000, Certificate of
Adjudication No. 23-587, Clifford L. Klinck III, Account No. 310-001, Certificate of
Adjudication No. 23-301, and Emilio Balli, Account No. 261-000, Certificate of
Adjudication No. 23-261, have sold their water rights. Therefore, the Executive
Director no longer believes that it is in the public interest to cancel these water rights.
Willacy, Webb, Cameron, Hidalgo, Zapata, Starr Counties. (Robin Smith, Carlos
Rubinstien) |
|
| Grant ED's Motion to Dismiss the Petition to Cancel the Water Rights of Ella G. Wood, Clifford L.
Klinck III, and Emilio Balli, RH/RM. All Agree |
|
|
MULTI-MEDIA MATTER EMERGENCY ORDER TO MODIFY, AFFIRM,
OR SET ASIDE |
|
| Item 28. |
Docket No. 2001-0688-MLM-E. Consideration of whether to Modify, Affirm, or
Set Aside an Emergency Order issued on April 8, 2003 by the Executive Director of
the Texas Commission on Environmental Quality pursuant to Tex. Water Code
sections 5.501(c)(1), 5.507, and 13.4132 to address the abandonment of a retail public
utility (Utility) by Walter F. Duvall dba Plaza Water Utility, at Plaza Trailer Park
located at the intersection of East Avenue H and Mesquite in Nolanville, in Bell
County; TCEQ PWS No. 0140167; to ensure continued operation of the Utility; and
to provide continuous and adequate service to customers. The Emergency Order
appointed Patrick King as temporary manager of the Utility. (Gitanjali Yadav) |
|
| Affirm the Emergency Order issued on April 8, 2003, and modify the termination date of the April 8,
2003, Emergency Order so that the Order terminates April 29, 2003, RM/KW. All Agree |
|
|
PUBLIC WATER SUPPLY RENEWAL OF EMERGENCY ORDER |
|
| Item 29. |
Docket No. 2002-1283-PWS-E. Consideration of a Renewal Emergency Order
pursuant to Tex. Water Code Sections 5.501, 5.505, 5.507, and 13.4132, and 30 Tex.
Admin. Code Sections 35.22, 35.201, 291.115 and 291.142 and 291.143(a), to address
the continuing unauthorized abandonment of a retail public utility (Utility) by
Dorothy Rolater and Athalea Lane, as Co-Trustees of Boyd Living Trust, dba
Boyd Acres Water System, in Denton County, to ensure continued operation of the
Utility, and to provide continuous and adequate service to the Utility's customers.
The Renewal Emergency Order renews the appointment of George Oberdorf as
temporary manager of the Utility. (Robin Chapman) |
|
| Approve renewal of Emergency Order to reappoint George Oberdorf as temporary manager, RH/RM.
All Agree |
|
|
RULE MATTERS |
|
| Item 30. |
Docket No. 2003-0304-RUL. Consideration for publication of amended Sections
305.2, 305.45, 305.49, and 305.50 of 30 TAC Chapter 305, Consolidated Permits. |
|
|
The proposed rulemaking would implement Texas Civil Statutes, Article 3271b, by
requiring a person who prepares and submits geoscientific information to the agency
to be a licensed professional geoscientist. (Tom Weirich, John Williams, Michael
Bame) (Rule Log No. 2001-051B-305-WS) |
|
| Reposted as #39 |
| |
| Item 31. |
Docket No. 2003-0307-RUL. Consideration for publication of amended Sections
331.2, 331.62, 331.65, 331.144, 331.163, and new Section 331.21 of 30 TAC
Chapter 331, Underground Injection Control. |
|
|
The proposed rulemaking would implement Texas Civil Statutes, Article 3271b, by
requiring a person who prepares and submits geoscientific information to the agency
to be a licensed professional geoscientist. (Fred Duffy, Jason Haas, Michael Bame)
(Rule Log No. 2001-051F-331-WS) |
|
| Reposted as # 42 |
| |
| Item 32. |
Docket No. 2003-0308-RUL. Consideration for publication of amended Sections
335.1, 335.116, 335.123, 335.156, 335.172, 335.204, 335.348, and 335.553 of 30
TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste; and
amended Section 350.1 of 30 TAC Chapter 350, Texas Risk Reduction Program. |
|
|
The proposed rulemaking would implement Texas Civil Statutes, Article 3271b,
Texas Geoscience Practice Act, by requiring that a person who prepares and submits
geoscientific information to the agency be a licensed professional geoscientist. (Dan
Switek, Tom Weirich, Auburn Mitchell, and Michael Bame) (Rule Log No.
2001-051G-335-WS) |
|
| Reposted as # 41 |
| |
| Item 33. |
Docket No. 2003-0411-RUL. Consideration for publication of proposed amendments
to 30 TAC Chapter 312, Sludge Use, Disposal, and Transportation, Sections 312.2
and 312.8; Chapter 324, Used Oil Standards, Section 324.3; and Chapter 330,
Municipal Solid Waste, Sections 330.2, 330.4, and 330.66. |
|
|
The proposed rulemaking defines grit trap and grit trap waste; indicates that Chapter
312 does not apply to oily water mixtures in waste management units; indicates that
oil-water mixtures from waste management units designed for oil-water separation
must comply with the requirements in Chapter 324; and indicates that a separate
permit or registration is required for the storage, transportation, or handling of used oil
mixtures collected from oil/water separators. (Scott Green, Anthony Tatu, and
Michael Bame) (Rule Log No. 1999-074-312-WS) |
|
| Approve publication of proposed amendments to 30 TAC Chapter 312, Chapter 324, and Chapter 330,
RH/KW. All Agree |
| |
| Item 34. |
Docket No. 2003-0306-RUL. Consideration for publication of amended Sections
330.2, 330.3, 330.14, 330.51, 330.53, 330.56, 330.64, 330.230, 330.231, 330.235,
330.238, 330.242, 330.303 - 330.305, 330.415, and 330.416 of 30 TAC Chapter 330,
Municipal Solid Waste. |
|
|
The proposed rulemaking would implement Texas Civil Statutes, Article 3271b by
requiring a person who prepares and submits geoscientific information to the agency
to be a licensed professional geoscientist. In addition, the amendments propose
revisions which were identified during the quadrennial review of Chapter 330,
including revisions to the requirements for monitoring methane at landfills. (Wesley
McCoy, John Williams, Michael Bame) (Rule Log No. 2001-051E-330-WS) |
|
| Reposted as # 40. |
| |
|
EXECUTIVE SESSION |
|
| Item 35. |
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. |
|
| Commission met in executive session, no action taken. |
|
| Item 36. |
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. The Commission may also meet in open
session to take action on a legal or personnel matters considered in the closed meeting
as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the
Government Code. |
|
| Commission met in executive session, no action taken |
|
| Item 37. |
Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED
SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS
COMMISSIONERS OF THE TCEQ 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. |
|
| Commission met in executive session, no action taken |
|
| (PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TCEQ 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 TCEQ 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.) |
|
| 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 |