AGENDA

Wednesday, August 6, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

8:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

EXECUTIVE SESSION
Item 1. 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 did not meet in Executive Session
Item 2. 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 did not meet in Executive Session
Item 3. 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 did not meet in Executive Session.


OLD BUSINESS

Wednesday, August 6, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item carried forward from Agenda of July 23, 2003.
Item 1. Docket No. 2002-0848-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Allen Watts dba Lago Vista Water Supply in Guadalupe County; TCEQ PWS ID No. 0940029; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro, Mac Vilas)
Issue agreed order, RM/KW. All Agree
Item carried forward from Agenda of July 23, 2003.
Item 2. Docket No. 2002-0374-PWS-E. Consideration of a Default Order assessing administrative penalties against ABF, Inc. dba Clearwater Distribution in Harrison County; TCEQ PWS ID No. 1020063; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Troy D. Nelson, Mac Vilas)
Issue default order, RM/KW. All Agree .


Huston
Marquez
White

AGENDA

Wednesday, August 6, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

HEARING REQUESTS
Item 1. Docket No. 2003-0576-AIR. Consideration of application by Steely Lumber Company for amendment of Air Quality Permit 25850 to authorize construction of a steam-heated kiln and associated sawdust-fired gasifier boiler. The proposed facilities are located at 1405 Southwood Drive, Huntsville, Walker County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Earl Jones/ Janis Hudson)
Remanded to Executive Director
Item 2. Docket No. 2002-0558-AIR. Consideration of application by Rock Crushers, Inc. for the change of location of a rock crushing plant under Permit No. 35731D to authorize the operation of a rock crushing plant at a new site. The proposed plant site is located at the 7500-7520 block of Ganske Road near Burton, Washington County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Michael Gould/Rebecca Davis)
Grant hearing requests of the following persons: George Marshall, Jan Lindsay, Alfred Kunkel, Keith Smith, Wayne Roberts, Pam Johnston, Eileen Rodrigue, Lawrence Greer, Mike Murphy, Jack Prince, John Murphy, Danny Schultz, Doug Vanderheide, Constantine Liollio, Jerry Ganske, and Mike Redman; Deny hearing requests of Clifford Dawson, John Deans, John Clements, Mary Collier, Everett Clements, Mark Kunkel and Glenda Perryman, but the Administrative Law Judge may add them as affected persons if they provide proof they live within one-mile of the proposed rock crushing facility; Refer to SOAH the following issue: Will air emissions from the proposed rock crushing plant adversely affect the health of the requesters or members of their families or their use and enjoyment of their property; Allow four months for the evidentiary hearing; and refer the matter first to the Office of Administrative Dispute Resolution for 4 to 6 weeks for mediation. RM/RH. Mn All Agree
AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 3. Docket No. 2002-0793-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Timothy Gilpin dba Ten Cent Dairy in Hopkins County; Water Quality Permit No. 4232; 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. (Laurie Eaves, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 4. Docket No. 2003-0111-AIR-E. Consideration of an Agreed Order assessing administrative penalties against ASARCO Incorporated in El Paso County; Air Account No. EE-0007-G; 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. (Jill Kelley, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 5. Docket No. 2002-0878-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ATOFINA Chemicals, Inc. in Jefferson County; Air Account No. JE-0074-L; Air Permit No. 865A; 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. (John Barry, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 6. Docket No. 2003-0101-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Chevron Pipe Line Company in Midland County; Air Account No. ML-0244-C; 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. (Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 7. Docket No. 2003-0102-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Carlos Gomez, III dba Frontera Equipment in Hidalgo County; TCEQ Air Account No. HN-0512-E; Regulated Entity ID No. RN102864923; 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. (Sandra Hernandez Alanis, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 8. Docket No. 2003-0261-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Houston Oil Producing Enterprise, Inc. in Galveston County; Air Account No. GB-0543-W; 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. (J. Craig Fleming, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 9. Docket No. 2002-1397-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Gary Alan Payne dba Payne's Auto Care in Dallas County; Air Account No. DB-5359-K ; for air quality violations pursuant to Tex. Health & Safety Code chs. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Subhash Jain, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 10. Docket No. 2003-0047-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Arthur G. Walker dba Walker Auto Sales in Trinity County; Regulated Entity Number 102939543; 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. (Laura Clark, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 11. Docket No. 2002-0088-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Favil Lee Brown dba F.L. Brown Wrecking in Coryell County; Air Account No. CW-0056-A; Unauthorized MSW Site No. 455090095; for air quality violations and municipal solid waste violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, the Texas Municipal Solid Waste Act, Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Shannon Strong)
Reposted as Item 52
Item 12. Docket No. 2002-1085-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Uncle Ben's, Inc. in Harris County; Air Account No. HG-0757-V; 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. (Stacey Young, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 13. Docket No. 2002-1321-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Person-Panna Maria, L.L.C. in Karnes County; Air Account No. KA-0022-L and Air Permit No. 17520; 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. (Pamela Campbell, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
EDWARDS AQUIFER ENFORCEMENT AGREED ORDER
Item 14. Docket No. 2002-0654-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against Williamson County and Williamson County Park Foundation, Incorporated in Williamson County; Edwards Aquifer Protection Program File No. 01112101; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Lawrence King, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
MULTI-MEDIA MATTER ENFORCEMENT AGREED ORDERS
Item 15. Docket No. 2002-1101-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Garrison in Nacogdoches County; Texas Pollutant Discharge Elimination System Permit No. 0011304-001 and Public Water Supply ID No. 1740002; for water quality and drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, 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. (John Barry, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 16. Docket No. 2002-0630-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Onyx Environmental Services, L.L.C. in Jefferson County; TCEQ ISW No. 50212; TCEQ Air Account No. JE-0024-D; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Water Code chs. 7 and 26, Tex. Health & Safety Code chs. 361 and 382, and the rules of the Texas Commission on Environmental Quality. (Lisa Lemanczyk, Shannon Strong)
Continued to August 20, 2003, RH/RM. All Agree
MULTI-MEDIA ENFORCEMENT DEFAULT ORDER
Item 17. Docket No. 2000-1086-MLM-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Rey Martinez dba Texan Dump Trucks II in Hidalgo County; TCEQ ID No. 455150019; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Robert Hernandez, Shannon Strong)
Issue default order, RH/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 18. Docket No. 2002-0840-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cliff and Melissa Halliburton dba Cliff's Tire Shop in Smith County; Facility ID No. None; 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, including specifically 30 Texas Administrative Code ch. 60. (J. Craig Fleming, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 19. Docket No. 2003-0196-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ricardo Moreno in Hidalgo County; Municipal Solid Waste Unauthorized Site No. 455150044; Regulated Entity ID No. RN102923505; 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, including specifically 30 Texas Administrative Code ch. 60. (Jaime Garza, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 20. Docket No. 2003-0165-MSW-E. Consideration of an Agreed Order assessing administrative penalties against H.W. Marshall Construction, L.P. in Hidalgo County; Municipal Solid Waste Transporter No. HAT0032; Regulated Entity ID No. RN102947777; 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, including specifically 30 Texas Administrative Code ch. 60. (Sandra Hernandez Alanis, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER
Item 21. Docket No. 2001-0856-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Action Oil Service, Inc. in Jefferson County; TCEQ ID No. A85285; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 371, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (James P. Biggins, Shannon Strong)
Issue default order, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 22. Docket No. 2002-1034-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Fort Bend County Municipal Utility District No. 112 in Fort Bend County; Texas Pollutant Discharge Elimination System Permit No. 13628-001; 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. (Michael Meyer, Suzanne Walrath)
Remanded to Executive Director
Item 23. Docket No. 2001-0519-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Brookeland Fresh Water Supply District dba Forest Hills WWTP in Jasper County; TCEQ TPDES No. 10998-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Shannon Strong)
Issue agreed order, RH/RM. All Agree
Item 24. Docket No. 2002-0699-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas A & M University System in Nueces County; Texas Pollutant Discharge Elimination System Permit No. 0011345-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Audra Baumgartner, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 25. Docket No. 2002-1199-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Anton Kapplemann dba Sanco Septic Tank Company in Guadalupe County; Transporter Registration No. 20375; 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, including specifically 30 Texas Administrative Code ch. 60. (Gilbert Angelle, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 26. Docket No. 2003-0070-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Hallsville in Harrison County; Texas Pollutant Discharge Elimination System Permit No. 10460-001; 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. (Rick Ciampi, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 27. Docket No. 2002-0611-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Marvin Slawson dba Bright Spot in Anderson County; Petroleum Storage Tank Facility ID No. 65056; for petroleum storage tank 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. (Carolyn V. Lind, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 28. Docket No. 2002-0949-PST-E. Consideration of an Agreed Order assessing administrative penalties against Groendyke Transport, Inc. in El Paso 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, including specifically 30 Texas Administrative Code ch. 60. (Thomas E. Jecha, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 29. Docket No. 2002-1300-PST-E. Consideration of an Agreed Order assessing administrative penalties against Leyendecker Oil, Inc. in Webb and Zapata County; TCEQ RN No. 101447399; for petroleum storage tank 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. (Rebecca Clausewitz, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 30. Docket No. 2002-0259-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Oil Patch Fuel & Supply, Inc. in Cameron 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. (Jaime Garza, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 31. Docket No. 2002-1141-PST-E. Consideration of an Agreed Order assessing administrative penalties against Thornhill Texaco Service Station, Inc. in Harris County; Petroleum Storage Tank Facility ID No. 0014516; for petroleum storage tank 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. (Rebecca Johnson, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 32. Docket No. 2001-1533-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Norbert Lyssy dba Lost Maples General Store in Bandera County; TCEQ PST ID No. 0043570; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Robin Chapman, Shannon Strong)
Issue agreed order, RH/RM. All Agree
Item 33. Docket No. 2002-0599-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Khyber, Inc. dba Best Food Market in Harris County; PST Facility ID No. 0041396; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Snehal R. Patel, Shannon Strong)
Issue agreed order, RH/RM. All Agree
Item 34. Docket No. 2001-0859-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kerrville Independent School District in Kerr County; TCEQ ID No. 16157; 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, Shannon Strong)
Issue agreed order, RH/RM. All Agree
Item 35. Docket No. 2002-0920-PST-E. Consideration of an Agreed Order assessing administrative penalties against Tri-Con, Inc. in Jefferson 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. (Laura Clark, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 36. Docket No. 2002-0268-PST-E. Consideration of an Agreed Order assessing administrative penalties against Super Golden Investments Inc. dba Sunmart #114 in Nueces County; Petroleum Storage Tank Facility ID No. 58609; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Audra Baumgartner, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 37. Docket No. 2002-0671-PST-E. Consideration of an Agreed Order assessing administrative penalties against James Moser dba Stop N' Save in Dallas County; Petroleum Storage Tank Facility ID No. 0039357; 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 Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Tel Croston, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 38. Docket No. 2002-1213-PST-E. Consideration of an Agreed Order assessing administrative penalties against Reeder Distributors, Inc. in Tarrant County; TCEQ ID No. None; RN No. 100524743; for petroleum storage tank 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. (Judy Fox, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 39. Docket No. 2002-0397-PST-E. Consideration of an Agreed Order assessing administrative penalties against Oil Patch Brazos Valley Inc. in Fort Bend 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. (Trina Grieco, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
Item 40. Docket No. 2002-1160-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Inara Management, L.L.C. dba Horizon 2 in Denton County; Petroleum Storage Tank Facility ID No. 0042105; 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 Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Judy Fox, Suzanne Walrath)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER
Item 41. Docket No. 2002-0120-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Azman Incorporated dba Shoppers Mart 2 in Harris County; TCEQ PST ID No. 17143; for petroleum storage tank violations pursuant to the Tex. Water Code ch. 7, Tex. Health and Safety Code ch. 382, and the rules of the Texas Commission on Environmental Quality. (Alfred Okpohworho, Shannon Strong)
Remand to Executive Director, KW/RH. All Agree
PUBLIC WATER SYSTEMS ENFORCEMENT AGREED ORDER
Item 42. Docket No. 2001-1028-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mohammad Adil Aqil in Harris County; TCEQ ID No. 1012715; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Gitanjali Yadav, Shannon Strong)
Issue agreed order, RH/RM. All Agree
RESOLUTION
Item 43. Docket No. 2003-0712-RES. Consideration of a Resolution to extend the existence of the Irrigator Advisory Council and to appoint members to the Irrigator Advisory Council for Landscape Irrigation of the Texas Commission on Environmental Quality. (Kathy Brown) (Richard Craig)
Approve Resolution, RH/KW. All Agree
RULE MATTERS
Item 44. Docket No. 2003-0711-RUL. Consideration for publication of, and hearing on, proposed new, amended, and repealed sections of 30 TAC Chapter 37, Financial Assurance; proposed amended sections of 30 TAC Chapter 39, Public Notice; proposed amended sections of 30 TAC Chapter 305, Consolidated Permits; and proposed new, amended, and repealed sections of 30 TAC Chapter 336, Radioactive Substance Rules.

The proposed rulemaking would implement House Bill 1567, 78th Legislature, 2003, and the corresponding amendments to Texas Health and Safety Code, Chapter 401. House Bill 1567 provides for the licensing of a low-level radioactive waste disposal facility and establishes procedures for the commission to accept and evaluate license applications from private entities to dispose of low-level radioactive waste. House Bill 1678 changes the "radiation and perpetual care fund" to "perpetual care account" in the general revenue fund. The proposed rulemaking would also incorporate new United States Nuclear Regulatory Commission requirements regarding Deliberate Misconduct by Unlicensed Persons (63 FR 1890 and 63 FR 13373) and Revision of the Skin Dose Limit (66 FR 16298). (Devane Clarke, Don Redmond, Alan Henderson) (Rule Log Number 2003-037-336-WS)
Reposted as Item No. 51
Item 45. Docket No. 2003-0306-RUL. Consideration of the adoption 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 adoption 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. Article 3271b also allows certain specified engineers to publicly practice geoscience. The proposed rules were published in the May 30, 2003 issue of the Texas Register (28 TexReg 4238). (Wesley McCoy, John Williams, Michael Bame) (Rule Log No. 2001-051E-330-WS)
Approve staff recommendations and adopt 30 TAC Chapter 330, RH/RM. All Agree
Item 46. Docket No. 2003-0308-RUL. Consideration of the adoption 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 adoption 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. Article 3271b also allows certain specified engineers to publicly practice geoscience. The proposed rules were published in the May 30, 2003 issue of the Texas Register (28 TexReg 4266 and 4274). (Dan Switek, Tom Weirich, Auburn Mitchell, and Michael Bame) (Rule Log No. 2001-051G-335-WS)
Approve staff recommendations and adopt 30 TAC Chapter 335 and 30 TAC Chapter 350, RH/RM. All Agree
Item 47. Docket No. 2003-0698-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 332, Composting; Sections 332.3, 332.8, 332.31, 332.37, 332.41, and 332.47.

This proposed rulemaking would implement the requirements of House Bill 1791, 78th Legislature, 2003, which requires facilities that are composting grease trap waste to be permitted by the commission, where they are currently only required to be authorized by a registration. (Wayne Lee, Steve Shepherd, Debi Dyer) (Rule Log No. 2003-045-332-WS)
Approve publication of proposed amendments to 30 TAC Chapter 332, RM/RH. All Agree
EXECUTIVE SESSION
Item 48. 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 and recommended a salary adjustement for the Executive Director, RH/KW. All Agree
Item 49. 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.
No Action Taken
Item 50. 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.
No Action Taken
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ADDENDUM TO AGENDA

Wednesday, August 6, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S
Item 51. Docket No. 2003-0711-RUL. Consideration for publication of, and hearing on, proposed new, amended, and repealed sections of 30 TAC Chapter 37, Financial Assurance; proposed amended sections of 30 TAC Chapter 39, Public Notice; proposed amended sections of 30 TAC Chapter 305, Consolidated Permits; and proposed new, amended, and repealed sections of 30 TAC Chapter 336, Radioactive Substance Rules.

The proposed rulemaking would implement House Bills 1567 and 1678, 78th Legislature, 2003, and the corresponding amendments to Texas Health and Safety Code, Chapter 401. House Bill 1567 provides for the licensing of a low-level radioactive waste disposal facility and establishes procedures for the commission to accept and evaluate license applications from private entities to dispose of low-level radioactive waste. House Bill 1678 changes the "radiation and perpetual care fund" to "perpetual care account" in the general revenue fund. The proposed rulemaking would also incorporate new United States Nuclear Regulatory Commission requirements regarding Deliberate Misconduct by Unlicensed Persons (63 FR 1890 and 63 FR 13373) and Revision of the Skin Dose Limit (66 FR 16298). (Devane Clarke, Don Redmond, Alan Henderson) (Rule Log Number 2003-037-336-WS)
Approve publication of and hearing on new, amended, and repealed sections of 30 TAC Chapter 37, 30 TAC Chap 39, 30 TAC Chap 305 and 30 TAC Chap 336. The proposed rulemaking would implement House Bills 1567 and 1678, RM/RH. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, August 6, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

AIR ENFORCEMENT DEFAULT ORDER
Item 52. Docket No. 2002-0088-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Favil Lee Brown dba F.L. Brown Wrecking in Coryell County; Air Account No. CW-0056-A; Unauthorized MSW Site No. 455090095; for air quality violations and municipal solid waste violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, the Texas Municipal Solid Waste Act, Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Shannon Strong)
Issue default order, RH/RM. All Agree


AGENDA

Wednesday, August 6, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

1:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 1. TCEQ Docket No. 2001-1220-DIS; SOAH Docket No. 582-02-2664. Consideration of the Administrative Law Judge's Proposal for Decision and Order approving the Levy of Standby fees for Debt Service, Operation and Maintenance for Montgomery County Municipal Water District No. 15, in Montgomery County, Texas.
Reposted as Item #5
Item 2. TCEQ Docket No. 1999-0421-UIC; SOAH Docket No. 582-99-1864. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of Pilgrim's Pride Corporation for six permits to inject nonhazardous industrial solid waste pursuant to chs. 26 and 27 of the Tex. Water Code and ch. 361 of the Tex. Health & Safety Code. This facility is located at Walker Creek in Camp and Titus Counties, Texas. The Commission will also consider timely public comments and the Executive Director's Response to such comments; and related filings, exceptions and replies.
Adopt PFD as proposed and then as modified by the Judge's reaction to the exceptions in his letter of July 15, 2003, with the following additional modifications (1) that the corrected date on page 8 of the PFD be made, (2) that the hypothetical calculations and findings of facts 71, 80 and 82 be struck, (3) that the effluent characteristic table which was originally dated November 14, 1997 and then subsequently at least in part amended under the letters dated under 12g of draft permit, that those amendments be made and then that these limits be literally put into the permit as limits on the injectate, (4) that the Environmental Management System requirement of special condition K struck, and (5) that the transcript cost be paid entirely by the applicant. Add a new special condition K that would memorialize the Applicant's intention to close Mr. Pleasant rendering plant upon the operation of the new Walker Creek rendering facility, RH/RM. Commissioner White Opposed.
Item 3. TCEQ Docket No. 2002-0092-MSW; SOAH Docket No. 582-02-2194. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of Texoma Area Solid Waste Authority, Inc. for permit authorizing the operation of a new Type I municipal solid waste landfill facility, pursuant to ch. 361 of the Tex. Health & Safety Code. This facility is located two miles southeast of the City of Sadler, three miles west of the City of Southmayd, and three miles east of the City of Whitesboro in Grayson County, Texas. The Commission will also consider timely public comments and related filings, exceptions and replies.
Continued to August 20, 2003
Item 4. TCEQ 2001-0359-PWS-E; SOAH Docket No. 582-02-3915. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding an enforcement action alleging that Marvin Roger Boyd, individually, and Rocket Water Company, Inc., dba Blanco River Ranch Water System and dba Oak Forest Water System (Respondents) violated Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 13, and 30 Tex. Admin. Code chs. 70, 288, 290, and 291. These facilities are located in Hays County, Texas.
Deny Motion for New Hearing as filed by Mr. Boyd, and grant Proposal for Decision and Issue Order as recommended by Executive Director, RH/RM. All Agree


ADDENDUM TO AGENDA

Wednesday, August 6, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

1:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 5. TCEQ Docket No. 2001-1220-DIS; SOAH Docket No. 582-02-2664. Consideration of the Administrative Law Judge's Proposal for Decision and Order approving the Levy of Standby fees for Debt Service, Operation and Maintenance for Montgomery County Municipal Utility District No. 15, in Montgomery County, Texas.
Adopt PFD as presented by the Administrative Law Judge, issue order, modify ordering Provision 1 as requested by Chairman Houston, RM/KW. All Agree