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.

The commissioners 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.

The commissioners 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.

The commissioners did not meet in executive session.

Item carried forward from Agenda of July 9, 2003.

Item 1.

Docket No. 2000-1385-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of BFI Waste Systems of North America, Inc. in Bexar County; TCEQ ID No. BG-0734-U; 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 Commission on Environmental Quality. (James P. Biggins, David Speaker)

Approve issuance of the agreed order. RM/KW; all approve.

Item carried forward from Agenda of August 6, 2003.

Item 2.

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)

Approve issuance of the agreed order. RM/KW; all approve.

HEARING REQUESTS

Item 1.

Docket No. 2003-0669-AIR. Consideration of application by Best Materials, Inc. for the change of location of Air Quality Permit No. 53464L001 (formerly Permit No. 26437) to authorize the change of location of a portable concrete batch plant from its current location of 19754 Highway 39, Iola, Grimes County. The proposed new site is located on Badke Road, 300 yards north of U.S. 290 and Badke Road intersection, in Hockley, Harris 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. (Josh Reddoch / John Minter)

Approve the hearing request for the first 16 requesters on the issue of whether emissions from the facility adversely effect people and properly, and deny requesters 17-20. Allow four months for the hearing with four to six weeks of alternate dispute resolution involvement. RH/KW; all agree.

Item 2.

Docket No. 2003-0668-MWD. Consideration of permit application no. 10121-001, submitted by the City of Bandera, for a permit renewal to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 0.277 million gallons per day. The existing wastewater treatment facility serves the City of Bandera service area. This application was submitted to the TCEQ on March 1, 2000. The facility is located approximately 0.5 miles northeast of the intersection of State Highway 16 and Farm-to-Market Road 689 in the City of Bandera in Bandera County, Texas. The treated effluent is discharged to Mud Creek; then to the Medina River Above Medina Lake in Segment No. 1905 of the San Antonio River Basin. The commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Julian Centeno / Jason Haas)

Deny the hearing requests, adopt the ED’s response to comments, and issue the permit with the changes recommended by the ED. RM/RH; all agree.

AIR QUALITY ENFORCEMENT AGREED ORDERS

Item 3.

Docket No. 2002-0068-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Fortson Contracting, Inc. in Navarro County; TCEQ ID No. NB-0150-I; for air quality violations pursuant to the Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 4.

Docket No. 2003-0086-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ashtola Exploration Company, Inc. in Maverick County; Air Account No. MI-0026-T, New Source Review Permit No. 23464 (Voided, March 28, 2003), Standard Permit No. 54300; 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. (Miriam Hall, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 5.

Docket No. 2002-0467-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ConocoPhillips Company in Brazoria County; Air Account No. BL-0042-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. (Sherry Smith, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 6.

Docket No. 2002-1255-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Custom Pipe Coating, Inc. in Harris County; Air Account No. HG-0181-I; 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. (Sheila Smith, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 7.

Docket No. 2002-1256-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Earthgrains Baking Companies, Inc., a wholly owned subsidiary of Sara Lee Baking Group, Inc. in Harris County; Air Account No. HG-4367-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. (Sheila Smith, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 8.

Docket No. 2002-1385-AIR-E. Consideration of an Agreed Order assessing administrative penalties against El Paso Field Services, L. P. in Pecos County; Air Account No. PE-0118-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. (Suzanne Walrath, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 9.

Docket No. 2002-1152-AIR-E. Consideration of an Agreed Order assessing administrative penalties against GRUY PETROLEUM MANAGEMENT CO. in Gray County; Air Account No. GH-0008-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. (Ronnie Kramer, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 10.

Docket No. 2002-1392-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Longhorn Glass Manufacturing, L.P. dba Longhorn Glass Corporation in Harris County; Air Account No. HG-0028-R; 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. (Trina Grieco, Stacey Young)

Remanded to the ED.

Item 11.

Docket No. 2003-0376-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Manti Operating Company in Pecos County; Air Account PE-0020-B; 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. (Miriam Hall, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 12.

Docket No. 2003-0343-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Kinder Morgan Liquids Terminals LLC in Harris County; Air Account No. HG-0261-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 Texas Administrative Code ch. 60. (Trina Grieco, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 13.

Docket No. 2003-0161-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Greif Brothers Corporation in Harris County; TCEQ Air Account No. HX-2263-V; Regulated Entity ID No. RN102331212; 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, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 14.

Docket No. 2002-1214-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Dynegy Midstream Services, Limited Partnership in Chambers County; Air Account No. CI-0022-A; 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. (Rebecca Johnson, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER

Item 15.

Docket No. 2002-1239-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Goodrich Corporation dba Turbine Component Services in Harris County; Solid Waste Registration No. 86107; for industrial & hazardous 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. (Catherine Sherman, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER

Item 16.

Docket No. 2002-0691-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southern Star, Inc. in Cameron County; TCEQ NPDES Permit No. TX0108197; for water quality violations pursuant to Tex Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

LICENSED IRRIGATORS ENFORCEMENT AGREED ORDER

Item 17.

Docket No. 2002-0498-LII-E. Consideration of an Agreed Order assessing administrative penalties against Ray I. Molinar dba Southwest Landscape & Sprinkler in El Paso County; Licensed Irrigator Installer No. 392; for landscape irrigator and installer violations pursuant to Tex. Water Code chs. 7 and 34 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Snehal R. Patel, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS

Item 18.

Docket No. 2003-0164-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of El Chore Pit, Inc. in Hidalgo County; Municipal Solid Waste Unauthorized Disposal Site No. 455150069 and Regulated Entity ID No. RN100842251; 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, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 19.

Docket No. 2002-1187-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rogelio and Yvonne D. Lopez dba Express Tire in Jefferson County; Tire Generator ID No. 15276; 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. (John Barry, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

Item 20.

Docket No. 2002-0668-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Cisco in Eastland County; Water Quality Permit No. 10424-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Carolyn Easley, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 21.

Docket No. 2003-0361-MWD-E. Consideration of an Agreed Order assessing administrative penalties against of the City of Manor in Travis County; Texas Pollutant Discharge Elimination System Permit No. 11003-001; 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. (David Van Soest, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 22.

Docket No. 2003-0107-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Harris County Water Control and Improvement District No. 74 in Harris County; Texas Pollutant Discharge Elimination System Permit No. 10679-001; 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. (Catherine Albrecht, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 23.

Docket No. 2002-1166-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Eden in Concho County; Texas Pollutant Discharge Elimination System Permit No. 10081-001; 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. (Sherry Smith, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 24.

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, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 25.

Docket No. 2002-1354-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Trinity Bay Conservation District in Chambers County; Texas Pollutant Discharge Elimination System Permit No. 10851-001; 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. (Sheila Smith, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

ON SITE SEWAGE FACILITY AUTHORIZATION ENFORCEMENT AGREED ORDERS

Item 26.

Docket No. 2003-0060-OSS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Morton West in Fort Bend County; TCEQ OSS Facility Permit No. 079025; for on-site sewage violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Snehal R. Patel, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 27.

Docket No. 2003-0068-OSS-E. Consideration of an Agreed Order assessing administrative penalties against Gerald Yates in Harris County; On-Site Sewage Facility Permit No. 101135; for certification violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Michael Meyer, Stacey Young)

Remanded to the ED.

PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS

Item 28.

Docket No. 2002-0600-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ayers City Stop, Inc. in Nueces County; TCEQ ID No. 15838; 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, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 29.

Docket No. 2001-0649-PST-E. Consideration of an Agreed Order assessing administrative penalties against Barrick Watts dba Stone Village Grocery in Jeff Davis County; TCEQ ID No. 0000999; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Troy D. Nelson, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 30.

Docket No. 2000-0834-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bennard Rowland dba Rowland Dusters in Willacy County; TCEQ ID No. 15260; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Troy D. Nelson, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 31.

Docket No. 2002-0133-PST-E. Consideration of an Agreed Order assessing administrative penalties against John Yi dba Spiritz in Denton County; TCEQ ID No. 0053419; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Troy D. Nelson, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 32.

Docket No. 2002-0203-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Williams Terminals Holdings, L.P. in Dallas County; TCEQ ID No. 0040917; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Robert Hernandez, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 33.

Docket No. 2003-0094-PST-E. Consideration of an Agreed Order assessing administrative penalties against Sunwell Corporation dba RediFuel in Dimmit County; TCEQ RN No. 102923562; 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, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 34.

Docket No. 2002-1162-PST-E. Consideration of an Agreed Order assessing administrative penalties against Sun Coast Resources, Incorporated in Tarrant County; TCEQ ID No. None; RN No. 100529452; 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. (Jorge Ibarra, P.E., Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 35.

Docket No. 2002-1407-PST-E. Consideration of an Agreed Order assessing administrative penalties against McCloskey & Sons, L.L.C. dba Goodmans Shell in Gregg County; Petroleum Storage Tank Facility ID No. 0058331; 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. (A. Sunday Udoetok, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 36.

Docket No. 2002-1245-PST-E. Consideration of an Agreed Order assessing administrative penalties against Laredo Community College in Webb County; Petroleum Storage Tank Facility ID No. 49644; 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, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 37.

Docket No. 2003-0390-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of FNR Foodmart Inc. dba Korner Food Mart in Fort Bend County; Petroleum Storage Tank Facility ID No. 0005512; 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. (Bradley Brock, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 38.

Docket No. 2002-1072-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mohammad Rahman dba Food Heaven in Tarrant County; Petroleum Storage Tank Facility ID No. 0072561; for petroleum storage tank 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, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 39.

Docket No. 2003-0236-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Frank Nguyen dba East Side Food & Beverage in Collin County; Petroleum Storage Tank Facility ID No. 0006652; 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. (Bradley Brock, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 40.

Docket No. 2002-0453-PST-E. Consideration of an Agreed Order assessing administrative penalties against Colonial Full Service Car Wash, Inc. in Tarrant County; Petroleum Storage Tank Facility ID No. 0044044; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Thomas E. Jecha, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 41.

Docket No. 2003-0096-PST-E. Consideration of an Agreed Order assessing administrative penalties against IDK, L.P. dba Carrizo Springs 66 in Dimmit County; Petroleum Storage Tank Facility ID No. 05370; 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, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 42.

Docket No. 2002-0118-PST-E. Consideration of an Agreed Order assessing administrative penalties against McCormick Marketing, Inc. in Scurry County; TCEQ ID. No. 0010494; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Kelly W. Mego, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER

Item 43.

Docket No. 2001-1029-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Sammy's Groceries, Inc. dba Young's Drive In in Harris County; TCEQ ID No. 0053751; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Shannon Strong, Stacey Young)

Approve issuance of the default order. RM/KW; all approve.

PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS

Item 44.

Docket No. 2001-1087-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Carrell Richardson dba River Oaks Water System, formerly known as Gau Rich, Inc. dba River Oaks Water System in Chambers County; TCEQ ID No. 0360090; CCN No. 12296; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Rebecca Nash Petty, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 45.

Docket No. 2002-0209-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Conrad G. Walton dba Holiday Oaks Water System in Washington County; Public Water Supply ID No. 2390019; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Kent Heath, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 46.

Docket No. 2002-0074-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Log Cabin in Henderson County; Public Water Supply No. 1070121; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Carolyn V. Lind, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 47.

Docket No. 2002-0345-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Timothy Jones dba Indian Lodge Resort in Bosque County; Public Water Supply ID No. 0180037; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Elvia Maske, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

Item 48.

Docket No. 2002-1415-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Charles Bender dba Golden Oaks Mobile Home Park in Montgomery County; Public Water Supply No. 1700710; 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. (Kimberly McGuire, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

PUBLIC WATER SYSTEM ENFORCEMENT DEFAULT ORDER

Item 49.

Docket No. 2001-0488-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Hilltop Estates Water Supply Corporation in Denton County; TCEQ CCN No. 12693; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Snehal R. Patel, Stacey Young)

Remanded to the ED.

UNDERGROUND INJECTION CONTROL ENFORCEMENT AGREED ORDER

Item 50.

Docket No. 2002-1396-UIC-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ASARCO, Incorporated in Potter County; Underground Injection Control Permit Nos. WDW 129, WDW 273, and WDW 324 ; for underground injection control violations pursuant to Tex. Water Code chs. 7 and 27 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Subhash Jain, Stacey Young)

Approve issuance of the agreed order. RM/KW; all approve.

MODIFY, AFFIRM, OR SET ASIDE EMERGENCY ORDERS

Item 51.

Docket No. 2002-0914-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on July 3, 2003 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code 5.501, 5.507, and 13.4132 to address the abandonment of a retail public utility (Utility) by Dorothy Howard Upton dba Howard & Son Water Company, which is located at 112 Pearce Drive in the City of Pottsboro in Grayson County; TCEQ PWS No. 0910023; CCN No. 11123; to ensure continued operation of the Utility; and to provide continuous and adequate service to the customers. The Emergency Order appointed William Sparks as temporary manager of the Utility. (Richard S. O'Connell)

Continued to September 10, 2003 agenda.

Item 52.

Docket No. 2003-0687-UCR. Consideration of whether to affirm, modify, or set aside the Emergency Rate Order issued by the Executive Order, without a hearing, on July 25, 2003 approving Patrick C. King, appointed Receiver for Walter F. Duvall, individually, dba Nolanville Plaza Water Utility, and dba Plaza Water Utility for sewer and water rate increases. The order was issued pursuant to Sections 5.508 and 13.4133, Texas Water Code, and 30 Texas Administrative Code Section 35.202. The Texas Water Code Section 5.501(c) authorizes the Commission to delegate its authority to issue emergency orders to the Executive Director to approve emergency rate increases pursuant to Texas Water Code Sections 5.508 and 13.4133. The utility serves approximately 159 connections in Bell County, Texas. The Emergency Rate Order authorized a rate increase for residential water meters from a monthly minimum rate of $16.00 per connection to a monthly minimum rate of $33.38 per connection and $1.80 per 1,000 gallons of water used, and sewer from a flat monthly rate of $16.00 per connection to $39.13 per connection and associated fees, effective August 1, 2003 for a period of 15 months or until a final rate is set, whichever occurs sooner. The application states that the rate increase is necessary to ensure the provision of continuous and adequate services to the utility’s customers. (Sheridan Gilkerson/Elsie Pascua)

Grant hearing request. RH/RM; all agree.

WATERMASTER BUDGETS

Item 53.

Docket No. 2003-0709-BGT. CONSIDERATION OF FISCAL YEAR 2004 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, 2003 and ending August 31, 2004 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 $439,873.00 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. (Contact:Al Segovia, Watermaster, San Antonio Regional Office, 1-800-733-2733; or Patricia Hooper, (512) 239-0436)

Approve the budget as proposed by the ED. RH/RM; all agree.

Item 54.

Docket No. 2003-0708-BGT. CONSIDERATION OF FISCAL YEAR-2004 ASSESSMENTS 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, 2003, and ending August 31, 2004, 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 $588,000.00 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. (Contact: Carlos Rubinstein, Watermaster, 1-956-430-6018; or Patricia Hooper, (512) 239-0436)

Approve the budget as proposed by the ED. RH/RM; all agree.

SUPERFUND

Item 55.

Docket No. 2002-0835-SPF. Consideration of an Administrative Order to conduct Remedial Design/Remedial Action activities at the Material Recovery Enterprises State Superfund Site, Ovalo, Taylor County, Texas. (Jeff Patterson, Courtney Hill)

Continued to September 10, 2003 agenda.

RULE MATTERS

Item 56.

Docket No. 2003-0303-RUL. Consideration of the adoption of amended Sections 30.237, 30.240, 30.242, 30.244, and 30.246 in 30 TAC Chapter 30, Occupational Licenses and Registrations.

The adoption would allow individuals licensed as professional geoscientists by the State of Texas to become site evaluators, provided the individuals meet the other requirements for a site evaluator license. The adoption would not allow a person who is only certified as a professional soil scientist to obtain a site evaluator license. Additionally, the rulemaking will delete experience requirements for obtaining site evaluator licenses and delete requirements that are no longer applicable. The proposed rules were published in the May 16, 2003 issue of the Texas Register (28 TexReg 3900). (Warren Samuelson, Jacquelyn Boutwell, Michael Bame) (Rule Log No. 2003-009-030-WS)

Re-posted as Item 63.

Item 57.

Docket No. 2003-0232-RUL. Consideration of the adoption of the repeal of Section 116.170; amended Sections 116.12, 116.114, 116.115, 116.143, 116.150, 116.313, 116.315, and 116.715; and new Sections 116.120, 116.170, and 116.172 of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, and corresponding revisions to the state implementation plan.

The adoption would require emission reductions be certified as emission reduction credits under 30 TAC Chapter 101, Subchapter H, except future internal offsets which would continue to be certified under Chapter 116. The adoption would also ensure timely submission of updated and additional information used to process new source review applications including the establishment of a voidance process, require an application for permit renewal to be submitted at least six months but no earlier than 18 months prior to the permit expiration date, prohibit processing of applications without the correct application fee, provide conditions for the return of application fees, and allow for executive director approval of additional time to begin construction of authorized projects if certain conditions are met. The proposed rules were published in the April 4, 2003 issue of the Texas Register (28 TexReg 2903). (Beecher Cameron, Garrett Arthur, Clifton Wise) (Rule Log No. 2003-003-116-AI)

Adopt the repeal of Section 116.170 and amended Sections 116.12, 116.114, 116.115, 116.143, 116.150, 116.313, 116.315; approve adoption of new Sections 116.120, 116.170, and 116.172 and corresponding revisions to the state implementation plan with changes as outlined by the ED. RM/RH; all agree.

Item 58.

Docket No. 2003-0587-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 37, Financial Assurance, Section 37.6001 and Section 37.6021; and new Sections 335.580 - 335.595 of Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste.

The proposed rulemaking would establish specific requirements for financial assurance, location, design, construction, and operation of certain commercial industrial nonhazardous solid waste landfills. (David Murry, Jason Haas, Ray Austin) (Rule Log No. 2002-052-335-WS)

Re-posted as Item 64.

Item 59.

Docket No. 2003-0304-RUL. Consideration of the adoption of amended Sections 305.2, 305.45, 305.49, and 305.50 of 30 TAC Chapter 305, Consolidated Permits.

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 4232). (Tom Weirich, John Williams, Michael Bame) (Rule Log No. 2001-051B-305-WS)

Approve adoption of amended Sections 305.2, 305.45, 305.49, and 305.50. RH/KW; all agree.

EXECUTIVE SESSION

Item 60.

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.

The commissioners did not meet in executive session.

Item 61.

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.

The commissioners did not meet in executive session.

Item 62.

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.

The commissioners did not meet in executive session.

(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.)

Item 63.

Docket No. 2003-0303-RUL. Consideration of the adoption of amended Sections 30.237, 30.240, 30.242, 30.244, and 30.246 in 30 TAC Chapter 30, Occupational Licenses and Registrations.

The adoption would implement Texas Civil Statutes, Article 3271b, by allowing individuals licensed as professional geoscientists by the State of Texas to become site evaluators, provided the individuals meet the other requirements for a site evaluator license. The adoption would not allow a person who is only certified as a professional soil scientist to obtain a site evaluator license. Additionally, the rulemaking will delete experience requirements for obtaining site evaluator licenses and delete requirements that are no longer applicable. The proposed rules were published in the May 16, 2003 issue of the Texas Register (28 TexReg 3900). (Warren Samuelson, Jacquelyn Boutwell, Michael Bame) (Rule Log No. 2003-009-030-WS)

Approve adoption of amended Sections 305.2, 305.45, 305.49, and 305.50. RH/KW; all agree.

Item 64.

Docket No. 2003-0587-RUL. Consideration for publication of, and hearing on proposed amendments to 30 TAC Chapter 37, Financial Assurance, Section 37.6001 and Section 37.6021; and new Sections 335.580 - 335.595 of Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste.

This proposed rulemaking would implement House Bill 2554, 78th Legislature, 2003 by establishing specific requirements for financial assurance, location, design, construction, and operation of certain commercial industrial nonhazardous solid waste landfills. (David Murry, Jason Haas, Ray Austin ) (Rule Log No. 2002-052-335-WS)

Approve the publication and hearing on proposed amendments to 30 TAC Chapter 37, Financial Assurance, Section 37.6001 and Section 37.6021; and new Sections 335.580 - 335.595 of Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste. RH/KW; all agree.

Item carried forward from Agenda of August 6, 2003.

Item 1.

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.

Adopt Administrative Law Judge’s proposed order with modifications outlined in July 23 response to exceptions, adopt the ED’s final draft permit and revised response to comments. RH/RM; all agree.

Item 1.

TCEQ Docket No. 2001-0265-PST-E; SOAH Docket No. 582-03-2641. Consideration of the Administrative Law Judge's Proposal for Decision and Order alleging that Addison Enterprises, Inc. has violated 30 Texas Administrative Code, Sections 115.246(1),(3) and (4), 115.244(3), 115.242(3)(E),(4) and (9), 115.245, 115.222(10) and 334.50(b)(1)(A), (b)(2)(A)(i)(III), and (b)(2)(A)(ii)(I), and 334.21; Tex. Health & Safety Code, Section 382.085(b); and Tex. Water Code, Section 26.3475. Respondent owns and operates a store offering retails sales of gasoline at 2903 Royal Lane, Dallas, Dallas County Texas.

OGC has rescheduled this item for the September 10, 2003 agenda with a new caption.

Item 2.

TCEQ Docket No. 2002-0484-IWD; SOAH Docket No. 582-02-3008. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of Alcoa Inc. for permit authorizing the discharge of industrial wastewater from the proposed Alcoa Three Oaks Mine. The facility will be located in Bastrop and Lee 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 the Administrative Law Judge’s proposed order with modifications outlined in the ALJ’s August 13 response to exceptions, adopt the ED’s response to comments, and modify Find of Fact No. 68 to include the word “not” before the word “limited”. RH/RM; all agree.