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.

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. 2003-0728-MWD. Consideration of permit application No. 14339-001, submitted by CITY OF ALVORD, for a new permit to authorize the discharge of treated domestic wastewater with a daily average flow not to exceed 112,000 gallons per day. The wastewater treatment facility serves the City of Alvord. The facility is located approximately 2,500 feet south of Farm-to-Market Road 1655 adjacent to Elm Creek at a point approximately 1/2 mile southwest of the business district of the City of Alvord in Wise County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Jason Haas/June Ella Martinez)

Item remanded to the Executive Director.

AGRICULTURAL ENFORCEMENT AGREED ORDER

Item 2.

Docket No. 2003-0230-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Lueck Dairies Texas, L.L.C. in Erath County; Texas Pollutant Discharge Elimination System Registration No. WQ0003439-000; 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. (Cheryl Thompson, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

AIR QUALITY ENFORCEMENT AGREED ORDERS

Item 3.

Docket No. 2002-0964-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Ameron International Corporation in Wichita County; Air Account No. WH-0015-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. (Carolyn Easley, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

Item 4.

Docket No. 2002-1087-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Chevron U.S.A. Inc. dba Chevron Products Company in Harris County; Air Account No. HG-0312-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. (Rebecca Johnson, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

Item 5.

Docket No. 2003-0286-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Hill-Lake Gas Storage, L.P. in Eastland County; TCEQ Air Account No. EA-0014-H, Air Permit No. O-00450; 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. (Carolyn Easley, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

Item 6.

Docket No. 2002-0852-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Millennium Polymers, Ltd. in Harris County; Air Account No. HG-3371-D; 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. (Rebecca Johnson, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

Item 7.

Docket No. 2003-0549-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kinder Morgan CO2 Company, L.P. in Scurry County; TCEQ Air Account No. SG-0029-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. (Rebecca Clausewitz, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

Item 8.

Docket No. 2003-0498-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Kelly-Moore Paint Company, Inc. in Tarrant County; Air Account No. TA-0203-D; 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. (Lori Thompson, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

Item 9.

Docket No. 2002-1055-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Valero Refining Company Texas L.P. in Nueces County; Air Account No. NE-0043-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. (Tel Croston, Craig Flemimg)

Approved the agreed order. KW/RM; all agree.

Item 10.

Docket No. 2003-0093-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Watertown Soles, Inc. in Val Verde County; Air Account No. VA-0016-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. (Rebecca Clausewitz, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

EDWARDS AQUIFER ENFORCEMENT AGREED ORDER

Item 11.

Docket No. 2003-0344-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Comal County in Comal County; Regulated Entity ID No. RN102835006; for Edwards Aquifer 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, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

Item 12.

Docket No. 2002-1098-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of AquaSource Utility, Inc. dba Britmore III Wastewater Treatment Facility in Harris County; Texas Pollutant Discharge Elimination System Permit No. 14117-001; 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, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

Item 13.

Docket No. 2003-0231-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Harris County Municipal Utility District No. 284 in Harris County; Texas Pollutant Discharge Elimination System Permit No. 12949-001; 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. (Stacey Young, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

Item 14.

Docket No. 2003-0012-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Abilene in Jones County; Texas Pollutant Discharge Elimination System No. 10334-004; 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, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

Item 15.

Docket No. 2003-0137-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bell County Water Control Improvement District No. 3 in Bell County; Texas Pollutant Discharge Elimination System Permit No. 10797-001; 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. (Thomas Greimel, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

Item 16.

Docket No. 2003-0276-MWD-E. Consideration of an Agreed Order assessing administrative penalties against AquaSource Utility, Inc. in Harris County; Texas Pollutant Discharge Elimination System Permit No. 10699-001; 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, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

Item 17.

Docket No. 2003-0065-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harris County WCID No. 1 in Harris County; Texas Pollutant Discharge Elimination System Permit No. 10104-001; 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. (Laurie Eaves, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

Item 18.

Docket No. 2003-0294-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tapia Dairy, Inc. in Runnels County; Texas Pollutant Discharge Elimination System Registration No. WQ0002966-000, RN102078649, CN600724116; 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. (Carolyn Easley, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

Item 19.

Docket No. 2002-0877-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Orange County Water Control and Improvement District No. 1 in Orange County; Texas Pollutant Discharge Elimination System Permit No. 10875-008; 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, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

ON SITE SEWAGE FACILITY INSTALLERS ENFORCEMENT AGREED ORDER

Item 20.

Docket No. 2003-0516-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Mike Barker dba Mike Barker Construction in Coleman County; Regulated Entity Reference No. RN103142147; for licensing/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. (Lori Thompson, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS

Item 21.

Docket No. 2003-0158-PST-E. Consideration of an Agreed Order assessing administrative penalties against Betts Oil & Butane, Inc. in Hidalgo County; Regulated Entity ID No. 101685212; 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. (Tom Jecha, Craig Fleming)

Item remanded to the Executive Director.

Item 22.

Docket No. 2003-0172-PST-E. Consideration of an Agreed Order assessing administrative penalties against COPC International (USA), Incorporated dba Country Club Beverage # 2 in Collin County; Petroleum Storage Tank Facility ID No. 0044493; 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. (Jorge Ibarra, P.E., Craig Fleming)

Approved the agreed order. KW/RM; all agree.

Item 23.

Docket No. 2003-0282-PST-E. Consideration of an Agreed Order assessing administrative penalties against Julius Petrus, Jr. in San Patricio County; Petroleum Storage Tank Facility ID No. 60013; 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. (Edward R. Moderow, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

Item 24.

Docket No. 2002-0972-PST-E. Consideration of an Agreed Order assessing administrative penalties against the United States Department of Justice/Federal Correctional Institution in Howard County; Petroleum Storage Tank Facility ID No. 0003807; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Todd Huddleson, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

Item 25.

Docket No. 2001-1158-PST-E. Consideration of an Agreed Order assessing administrative penalties against Gloria Dean in Aransas County; TCEQ ID No. 21930; 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, Shannon Strong)

Approved the agreed order. KW/RM; all agree.

Item 26.

Docket No. 2002-0307-PST-E. Consideration of an Agreed Order assessing administrative penalties against Thoroughbred Properties, Inc. dba Douglass General Store in Nacogdoches County; TCEQ ID No. 0002202; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro, Shannon Strong)

Approved the agreed order. KW/RM; all agree.

Item 27.

Docket No. 2003-0201-PST-E. Consideration of an Agreed Order assessing administrative penalties against Wisebuy, Incorporated dba Uncle Sam's Convenience Store and Travel Center in Hunt County; Petroleum Storage Tank Facility ID No. 73380; 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., Craig Fleming)

Approved the agreed order. KW/RM; all agree.

PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS

Item 28.

Docket No. 2002-0720-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Shekhani Enterprises, Inc. dba Westview Texaco in Harris County; TCEQ ID No. 0006746; 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, Shannon Strong)

Approved the default order. KW/RM; all agree.

Item 29.

Docket No. 2002-0283-PST-E. Consideration of a Default Order assessing administrative penalties against Rainbow Oils of San Angelo, Inc. in Tom Green County; TCEQ ID No. 27405; for petroleum storage tank violations pursuant to the Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Gitanjali Yadav, Shannon Strong)

Approved the default order. KW/RM; all agree.

Item 30.

Docket No. 2002-1218-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Woody's Superettes, Incorporated in Hunt County; TCEQ ID Nos. 0020750, 0020999, 0020747 and 0020895; 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 Tex Admin. Code ch. 60. (Shannon Strong)

Item continued to the November 19, 2003 agenda.

PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS

Item 31.

Docket No. 2003-0582-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Post Oak Special Utility District in Limestone County; Public Water Supply ID. No. 1090030; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Steven Lopez, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

Item 32.

Docket No. 2003-0085-PWS-E. Consideration of an Agreed Order assessing administrative penalties against San Antonio Water System in Bexar County; Public Water Supply ID No. 0150018; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Rebecca Clausewitz, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

WATER RIGHT ENFORCEMENT AGREED ORDER

Item 33.

Docket No. 2003-0316-WR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Galveston in Galveston County; Public Water Supply No. 0840003; for water rights violations pursuant to Tex. Water Code ch. 11 and the rules of the Texas Commission on Environmental Quality. (Kent Heath, Craig Fleming)

Approved the agreed order. KW/RM; all agree.

RULE MATTERS

Item 34.

Docket No. 2003-0747-RUL. Consideration for publication of the quadrennial review of 30 TAC Chapter 261 and the resulting proposed repeal of Sections 261.1 - 261.6, and 261.21 - 261.23.

Texas Government Code, Section 2001.039, requires state agencies to review and consider for readoption each of their rules every four years. The quadrennial review of Chapter 261 fulfills this requirement.

The resulting proposed rulemaking would repeal all sections of Chapter 261. (Kathy Brown, Emily Barrett) (Rule Log Nos. 2003-035-261-WT and 2003-052-261-WT)

Approved publication of, quadrennial review, and proposed repeal of 30 TAC Chapter 261. KW/LS; all agree.

Item 35.

Docket No. 2003-0518-RUL. Consideration for publication of the proposed repeal of 30 TAC Chapter 294, Groundwater Management Areas, Subchapter A, Sections 294.1 - 294.4; Subchapter B, Sections 294.10 - 294.12; and Subchapter F, Sections 294.60 - 294.63 and proposed renaming of Chapter 294 to Priority Groundwater Management Areas.

The proposed rulemaking would repeal groundwater management area designations because Senate Bill 2, Section 2.22, 77th Legislature, 2001, transferred the authority and responsibility for the designation of groundwater management areas to the Texas Water Development Board. (Steve Musick, Robin Smith, Mary Ambrose, Emily Barrett) (Rule Log No. 2003-014-294-WT)

Approve publication of, and hearing on, proposed repeal of Subchapters A, B and F, of Chapter 294, and proposed renaming of Chapter 294 to Priority Groundwater Management Areas . KW/RM; all agree.

Item 36.

Docket No. 2003-0632-RUL. Consideration of the adoption of proposed amendments to 30 TAC Chapter 101, General Air Quality Rules; Subchapter F, Emissions Events and Scheduled Maintenance, Startup, and Shutdown Activities; Division 3, Operational Requirements, Demonstrations, and Actions to Reduce Excessive Emissions; Sections 101.221 - 101.223; and corresponding revisions to the Texas state implementation plan.

The amendments would establish the outcome of proving specific criteria regarding certain unauthorized emissions, and would modify the rules to improve implementation. The proposed rules were published in the July 25, 2003 issue of the Texas Register (28 TexReg 5787). (Brad Toups, Janis Hudson, Alan Henderson) (Rule Log Number 2003-038-101-AI)

Item continued to November 19, 2003 agenda.

EXECUTIVE SESSION

Item 37.

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.

No action taken.

Item 38.

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 39.

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.

(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.

Docket No. 2000-0622-MSW; SOAH Docket No. 582-01-0412. Consideration of the City of Dumas' application to amend Permit No. MSW-211-B for a MSW landfill located in Moore County. The application includes the City of Dumas revised Site Operating Plan submitted in response to the Court's decision in Micky Price v. Texas Natural Resources Conservation Commission, Cause No. GN2-01636, 250^th District Court, Travis County, Texas to remand the Commission's Order granting the permit.

Item continued to December 17, 2003. LS/KW; all agree.

Item 2.

Docket No. 2001-1410-AUD; SOAH Docket No. 582-02-1349. Consideration of the Administrative Law Judge's Proposal for Decision and order, pursuant to Tex. Water Code ch. 26 and the rules of the commission, denying the Petition of Key Science and Technology Associates, Inc., dba Key Associates contesting the Executive Director’s Notice of Overpayment, and ordering Key Science and Technology Associates, Inc., dba Key Associates to refund $685,730.75 to the Petroleum Storage Tank Remediation Fund. The Proposal for Decision and order include a finding of fraud and, pursuant to 30 Tex. Admin. Code § 334.534(e), the Executive Director is seeking the payment of interest in the amount of $200,230.44.

Item continued to January 14, 2003, OGC is directed to request supplemental briefing on the scope of and standards for the audit and the amount of monies involved in other pending Key Associates’ reimbursement applications. KW/RM; all agree.

Item 3.

Docket No. 2003-0687-UCR; SOAH Docket No. 582-03-4241. Consideration of the Administrative Law Judge’s Proposal for Decision and order regarding the application of Patrick C. King, as Receiver for Walter F. Duvall, Individually, and dba Nolanville Plaza Water Utility and dba Plaza Water Utility, located in Bell County Texas, for an Emergency Rate Order pursuant to §§ 5.508(a) and 13.4133(a) of the Texas Water Code. The Emergency Rate Order was approved by the Executive Director on July 25, 2003 and referred on August 20, 2003 to the State Office of Administrative Hearings for a hearing on whether the Commission should affirm, modify, or set aside the Order approved by the Executive Director.

Approve the PFD with the changes recommended by the ED in her exceptions. RM/KW; all agree.