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.

Commissioners did not meet in closed 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.

Commissioners did not meet in closed 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.

Commissioners did not meet in closed session.

HEARING REQUEST

Item 1.

Docket No. 2003-0730-WR. Consideration of Application No. 5760 from Papalote Ranch Corporation for a Water Use Permit which would authorize Papalote Ranch to maintain an existing dam (low water crossing) on the Aransas River, a navigable stream, tributary of Copano Bay, tributary of Aransas Bay, in the San Antonio-Nueces Coastal Basin, in Bee County, and to impound not to exceed 10 acre-feet of water in a reservoir with a surface area of approximately 3.2 acres, for in-place domestic and livestock purposes. The dam and reservoir is located approximately 20 miles southeast of Beeville and approximately 4.1 miles east of Papalote, located at Latitude 28.61 N, Longitude 97.53 W. The dam is approximately four feet in height. No diversion or consumptive use of the impounded water is requested. The Commission will also consider hearing requests, related responses and replies, and public comment. (Julie Wood, Jason Haas)

Grant Jay Carr’s Hearing Request, deny all other Hearing Requests; refer to SOAH with first a referral to Alternative Dispute Resolution for 4-6 weeks. KW/RH; all approve.

AIR QUALITY ENFORCEMENT AGREED ORDERS

Item 2.

Docket No. 2003-0296-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Chevron U.S.A., Inc. in Sterling County; Air Account No. SO-0003-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. (Sheila Smith, Tel Croston)

Approve issuance of the agreed order. RM/RH; all agreed.

Item 3.

Docket No. 2003-0374-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Stewart Motor Company of Corsicana, Inc. dba Stewart Motor Company in Navarro County; Air Account No. NB-0183-Q; 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, Tel Croston)

Approve issuance of the agreed order. RM/RH; all agreed.

EDWARDS AQUIFER ENFORCEMENT AGREED ORDER

Item 4.

Docket No. 2003-0684-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Espinoza Stone, Inc. in Williamson County; TCEQ ID No. 00000011; for an Edwards Aquifer Protection Plan water quality violation pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (James P. Biggins, Robert Hernandez)

Approve issuance of the agreed order. RM/RH; all agreed.

INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER

Item 5.

Docket No. 1996-0071-IHW-E. Consideration of an Amended Agreed Order requiring certain actions of Platzer Shipyard, Inc. in Harris County; TCEQ ID No. 31207; for industrial and hazardous waste violations pursuant to the Texas Water Code chs. 7 and 26, Texas Health and Safety Code ch. 361, and the rules of the Texas Commission on Environmental Quality. (Robin Chapman, Robert Hernandez)

Approve issuance of the agreed order. RM/RH; all agreed.

INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER

Item 6.

Docket No. 2003-0058-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of South Hampton Refining Co. in Hardin County; Texas Pollutant Discharge Elimination System Permit No. 01403; 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, Tel Croston)

Approve issuance of the agreed order. RM/RH; all agreed.

LANDSCAPE IRRIGATOR INSTALLERS ENFORCEMENT DEFAULT ORDER

Item 7.

Docket No. 2002-0960-LII-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Alberto De Leon dba De Leon Construcion in Cameron County; TCEQ ID No. None; for water quality violations pursuant to chs. 7 and 34 of the Tex. Water Code and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Diana Grawitch, Robert Hernandez)

Approve issuance of the default order. RM/RH; all agreed.

MUNICIPAL WASTE DISCHARGE ENFORCEMENT DEFAULT ORDER

Item 8.

Docket No. 2002-0430-MWD-E. Consideration of a Default Order assessing administrative penalties against Ronald J. Miller dba IMS Property Management in Wilson County; TCEQ ID No. None; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Robert Hernandez)

Approve issuance of the default order. RM/RH; all agreed.

PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDER

Item 9.

Docket No. 2001-0970-PST-E. Consideration of an Agreed Order assessing administrative penalties against Danny's Enterprises, Inc. dba Westview Texaco in Harris County; TCEQ ID No. 6746; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch, Robert Hernandez)

Approve issuance of the agreed order. RM/RH; all agreed.

PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS

Item 10.

Docket No. 2001-1223-PST-E. Consideration of a Default Order assessing administrative penalties against Convenience Corner, Inc. in Grayson County; TCEQ ID No. 0027555; 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)

Approve issuance of the default order. RM/RH; all agreed.

Item 11.

Docket No. 2002-0776-PST-E. Consideration of a Default Order assessing administrative penalties against Masters Mart Inc. dba Porter Chevron in Montgomery County; TCEQ ID No. 70002; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26, Tex. Health & Safety Code ch. 382, and the rules of the Texas Commission on Environmental Quality. (Robin Chapman, Robert Hernandez)

Approve issuance of the default order. RM/RH; all agreed.

PUBLIC WATER SYSTEM ENFORCEMENT DEFAULT ORDERS

Item 12.

Docket No. 2000-1254-PWS-E. Consideration of a Default Order assessing administrative penalties against Mary Fielder dba End of the Trail in Brazoria County; TCEQ ID No. 0200425; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Robert Hernandez)

Item Remanded to Executive Director.

Item 13.

Docket No. 2001-1558-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Ann Beene dba Crossroads Grocery in Brown County; TCEQ ID No. 0250043; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Robert Hernandez)

Approve issuance of the default order. RM/RH; all agreed.

DISTRICT MATTERS

Item 14.

Docket No. 2003-0617-DIS. Consideration of an application of Dennis J. Wilkerson, as managing partner of Tour Partners, landowner (Petitioner), for dissolution of Harris County Municipal Utility District No. 22 (District) in Harris County. The Petitioner requests that the Commission dissolve the District pursuant to Texas Water Code, Sections 49.321 to 49.327. (TCEQ Internal Control No. 05072003-D02; Rob Cummins, James Parker)

Approve the application. RH/KW; all agreed.

RULE MATTERS

Item 15.

Docket No. 2003-0726-RUL. Consideration for publication of, and hearing on, an amendment to 30 TAC Chapter 330, Municipal Solid Waste, Section 330.4, Permit Required.

The proposed rulemaking would allow transfer facilities to deduct incoming waste that has already been reduced by 10% or more through recycling in calculating their qualification to obtain a registration in lieu of a permit and add an ongoing recordkeeping requirement in addition to the current annual reporting requirements. (John Williams, Alan Watts, Debi Dyer) (Rule Log No. 2003-028-330-WS)

Approve publication of, and hearing on, the amendment to 30 TAC Chapter 330. RM/RH; all agreed.

Item 16.

Docket No. 2003-0608-RUL. Consideration for the adoption of amendments to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Sections 114.50, 114.52, and 114.53; and corresponding revisions to the state implementation plan (SIP).

These amendments to Chapter 114 and corresponding revisions to the Texas inspection and maintenance (I/M) SIP would delay for one year the start of the I/M program for vehicles registered in Chambers, Liberty, and Waller Counties. This program requires tailpipe emissions testing during annual state inspections of vehicles. The early participation incentive program for vehicle inspection stations in those counties would also be delayed for one year. This program allows for reimbursements from the agency to vehicle inspection stations for emissions testing equipment if certain requirements are met. There will be no change to either program other than the delay of the start dates. The proposed rules were published in the July 25, 2003 issue of the Texas Register (28 TexReg 5792). (Ray Schubert, Garrett Arthur, Joseph Thomas) (Rule Log No. 2003-034-114-AI)

Approve adoption of amendments to 30 TAC Chapter 114, and corresponding revisions to the SIP. RH/KW; all agreed.

Item 17.

Docket No. 2003-0266-RUL. Consideration of the adoption of amended sections of 30 TAC Chapter 106, Permits by Rule.

Section 106.147 Asphalt Concrete Plants

Section 106.261 Facilities (Emission Limitations)

Section 106.262 Facilities (Emission and Distance Limitations) (Previously SE 118)

The adopted amendments to Section 106.147 state that beginning November 1, 2003, registrations under that section will no longer be accepted. The amendments to Section 106.261 and Section 106.262 incorporate into rule the current agency practice of prohibiting the use of Section 106.261 and Section 106.262, with certain exceptions for changes in chemicals, for construction of or changes to facilities for which a standard permit is in effect. The proposed rules were published in the July 4, 2003 issue of the Texas Register (28 TexReg 5117). (Beecher Cameron, John Minter, Debra Barber) (Rule Log No. 2002-057-106-AI)

Approve adoption of amendments to 30 TAC Chapter 106. RM/RH; all agreed.

EXECUTIVE SESSION

Item 18.

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.

Commissioners did not meet in closed session.

Item 19.

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.

Commissioners did not meet in closed session.

Item 20.

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.

Commissioners did not meet in closed 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 OFFICE OF THE CHIEF CLERK AT (512) 239-3300 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 THE OFFICE OF THE CHIEF CLERK AT (512) 239-3300 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.

Item 1.

TCEQ Docket No. 2002-0745-MSW; SOAH Docket No. 582-02-3386. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of North Texas Municipal Water District for Municipal Solid Waste Permit No. MSW-2294, which would authorize the construction and operation of a Type I municipal solid waste landfill, pursuant to Chapter 361 of the Tex. Health & Safety Code and the rules of the Texas Commission on Environmental Quality. The landfill will be located on State Highway 121, about 1.7 miles northeast of the intersection of State Highway 121 and Farm-to-Market Road 545, in Collin County. The Commission will also consider timely public comments, the Executive Director's response to such comments, the application, related filings, exceptions and replies.

Approve the PFD, as revised to reflect certain exceptions of North Texas Municipal Water District (NTMWD), as amended, add a permit condition to the permit, adopt the Executive Director's Response to Comments and approve NTMWD's application and issuance of MSW Permit No. MSW-2294 with the new permit condition. Specifically, with regard to the exceptions, the Commission adopted NTMWD's recommended Findings of Fact 84, 85, and 86, as amended by adding the word "sufficient"; deleted the ALJ's Finding of Fact 169; adopted NTMWD's Findings of Fact 171, 177A, and 177B; deleted the ALJ's Conclusion of Law 45; and adopted NTMWD's Conclusion of Law 6, 21, 23, 26, and 44. The Commission denied all other exceptions and stated that the permit condition will provide that: After the date of issuance of this permit and within 180 days following the TCEQ publishing technical guidance for the development of a Site Operating Plan for a municipal solid waste management facility, the permittee shall review their SOP for compliance with the published guidance. The permittee shall provide revisions to Part IV, the Site Operating Plan, found in Attachment A of this permit, as necessary, as a modification to Part IV of Attachment A of this permit. RH/KW; all agreed.

Item 2.

TCEQ Docket No. 2001-0651-PWS-E; SOAH Docket No. 582-03-0435. Consideration of the Administrative Law Judge's Proposal for Decision and Order issued pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Commission, assessing administrative penalties and requiring certain actions of Gerard Hungerford dba River Ranch Estates, alleging that the respondent, in its operation of a public water supply, failed to collect and submit routine monthly samples for bacteriological analysis [30 Tex. Admin Code § 290.106(a) and Tex. Health & Safety Code § 3410033(d)], failed to report that it had not collected the required routine monthly samples [30 Tex. Admin Code §§ 290.106(e)(2) and 290.103(5)], and failed to ensure that the facility was under the direct supervision of a Grade "D" or higher certified water works operator daily [30 Tex. Admin Code § 290.46(e)(1)]. This facility is located on River Ranch Road in Victoria County, Texas.

Approve the PFD with the ED’s exceptions; accept payment plan of equal payments for 12 consecutive months. RH/KW; RM opposed.

Item 3.

TCEQ Docket No. 2003-0799-UCR; SOAH Docket No. 582-02-3819. Consideration of the Motion to Overturn, or in the Alternative, Request for Map Correction filed by Travis County Water Control and Improvement District No. 17 with regard to the Executive Director's Order approving the District's application for a new wastewater certificate of convenience (CCN) in Travis County and issuing sewer CCN No. 20943 on August 18, 2003, to the District.

Approve the motion to overturn, remand the application to the Executive Director. RH/RM; all agreed.