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.

Item continued from agenda of November 5, 2003.

Item 1.

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)

Continued to December 3, 2003 agenda.

Item continued from the November 5, 2003 agenda.

Item 2.

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)

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

HEARING REQUESTS

Item 1.

Docket No. 2003-0770-AIR. Consideration of application by Alamo Concrete Products, Ltd., for an Air Quality Standard Permit No. 52931 to authorize a new permanent concrete batch plant. The proposed facility plant site is located at 13101 Ballerstedt Road, in the southeast corner of the intersection of US 290 and Ballerstedt Road, Elgin, Travis 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. (Helga Chatelle/Dan Long)

Deny the hearing request, adopt the Executive Director’s response to comments, and issue the standard permit registration. RM/LS; all agree.

Item 2.

Docket No. 2003-0771-IWD. Consideration of permit application 03936, submitted by Valley Municipal Utilities District No. 2, for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. 03936, which authorizes the discharge of reverse osmosis reject water at a daily average flow not to exceed 500,000 gallons per day via Outfall 001. The applicant operates a reverse osmosis potable water treatment plant. The plant site is located at 100 Hidalgo, on the west side of State Highway 83, approximately 1.25 miles north of the intersection of State Highway 83 and Farm-To-Market Road 511, and approximately 3.5 miles south of the intersection of State Highway 83 and State Highway 100, in the City of Rancho Viejo, Cameron County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director’s response to comments. (Michael Hughes/Melinda Luxemberug)

Deny the hearing request, adopt the Executive Director’s response to comments, and grant renewal of the permit. KW/RM; all agree.

Item 3.

Docket No. 2003-1212-IWD. Consideration of permit application 04541, submitted by Southmost Regional Water Authority, for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04541, to authorize the discharge of reverse osmosis reject water at a daily average flow not to exceed 4,000,000 gallons per day via Outfall 001. The applicant proposes to operate a reverse osmosis potable water treatment plant. The plant site is is located at 1255 North Farm-to-Market Road 511, approximately 2.7 miles east of the intersection of U.S. Highway 83 and Farm-to-Market Road 511, in the City of Brownsville, Cameron County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director’s response to comments. (Melinda Luxemburg/Michael Hughes)

Deny the hearing request, adopt the Executive Director’s response to comments, and grant the permit. RM/LS; all agree.

AIR QUALITY ENFORCEMENT AGREED ORDERS

Item 4.

Docket No. 2002-0718-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Duke Energy Field Services, LP in Crockett County; Air Account No. CZ-0009-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. (Gloria Stanford, Merrilee Gerberding)

Re-posted as Item 30.

Item 5.

Docket No. 2002-1276-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Exxon Mobil Corporation in Kleberg County; Air Account Number KJ-0003-N; 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. (Audra Baumgartner, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

Item 6.

Docket No. 2003-0118-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chevron U.S.A., Inc. in Crockett County; Air Account No. CZ-0014-G, Regulated Entity No. 100218452; 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. (Phillip J. Lopez, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

Item 7.

Docket No. 2003-0550-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Penske Truck Leasing Co., L.P. in El Paso County; Air Account No. EE-1312-O; 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, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

Item 8.

Docket No. 2003-0683-AIR-E. Consideration of an Agreed Order assessing administrative penalties against United Structures of America, Inc. in Harris County; Air Account No. HG-1387-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. (Trina Grieco, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

Item 9.

Docket No. 2003-0195-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Precision Pipe & Excavating, L.L.C. in Fort Bend County; Air Account No. 94-9390-T; Regulated Entity ID No. RN102842994; for 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. (Jaime Garza, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

LICENSED IRRIGATOR ENFORCEMENT AGREED ORDER

Item 10.

Docket No. 2003-0542-LII-E. Consideration of an Agreed Order assessing administrative penalties against Bryan Anderson dba Anderson Lawn and Landscape Services in Denton County; Regulated Entity Reference No. RN103099438; for licensing violations pursuant to Tex. Water Code chs. 7 and 34 and the rules of the Texas Commission on Environmental Quality. (Sushil Modak, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

MULTI-MEDIA MATTER ENFORCEMENT AGREED ORDER

Item 11.

Docket No. 2003-0142-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Greif Bros. Corporation in Harris County; Texas Pollutant Discharge Elimination System Permit No. 13949-001, Air Account No. HG-1221-O; for air quality and water quality 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. (David Van Soest, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

Item 12.

Docket No. 2002-1144-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Skellytown in Carson County; Water Quality Permit No. 10283-001, National Pollutant Discharge Elimination System Permit No. TX0055085, and Texas Pollutant Discharge Elimination System Permit No. WQ10283-001; 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. (Ronnie Kramer, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

Item 13.

Docket No. 2003-0278-MWD-E. Consideration of an Agreed Order assessing administrative penalties against AquaSource Utility, Inc. in Harris County; Texas Pollutant Discharge Elimination System Permit No. 11314-001; 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, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

Item 14.

Docket No. 2002-1297-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Colmesneil in Tyler County; Texas Pollutant Discharge Elimination System Permit No. 11295-001; 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. (Subhash Jain, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

Item 15.

Docket No. 2003-0091-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Laguna Madre Water District in Cameron County; Texas Pollutant Discharge Elimination System Permit Nos. 13772-001 and 10757-001 and Regulated Entity ID Nos. RN102079654 and RN101607588; 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. (Sandra Hernandez Alanis, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

ON SITE SEWAGE FACILITY INSTALLER ENFORCEMENT AGREED ORDER

Item 16.

Docket No. 2003-0274-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Darin Bare dba Bigger and Better Septic Tanks in Lamb County; On-site Sewage Facility Installer License No. OS-8258; 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. (Jill Reed, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS

Item 17.

Docket No. 2003-0615-PST-E. Consideration of an Agreed Order assessing administrative penalties against City Transit Management Co., Inc. dba Citibus Of Lubbock in Lubbock County; Petroleum Storage Tank Facility No. 12649; 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. (Steven Lopez, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

Item 18.

Docket No. 2003-0402-PST-E. Consideration of an Agreed Order assessing administrative penalties against V & S Petroleum, Ltd. dba Bill's Exxon Truck Stop in Williamson County; Petroleum Storage Tank Facility ID No. 0037648; 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, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

Item 19.

Docket No. 2002-1253-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Francisco Barrera dba The Goldmine in Starr County; Petroleum Storage Tank Facility ID No. 47006; 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. (Sandra Hernandez Alanis, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

Item 20.

Docket No. 2003-0252-PST-E. Consideration of an Agreed Order assessing administrative penalties against 8524 Gulf, LLC dba First Stop Food Store No. 16 in Harris County; Petroleum Storage Tank Facility ID No. 0046831; 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. (Catherine Sherman, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDER

Item 21.

Docket No. 2002-1408-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Edinburg in Hidalgo County; Public Water Supply ID No. 1080004, Regulated Entity ID No. RN101203560; 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. (Jaime Garza, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

WATER RIGHT ENFORCEMENT AGREED ORDERS

Item 22.

Docket No. 2003-0311-WR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Balmorhea in Reeves County; Public Water Supply No. 1950002; for water rights violations pursuant to Tex. Water Code ch. 11 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Kent Heath, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

Item 23.

Docket No. 2003-0313-WR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Center in Shelby County; Public Water Supply No. 2100001; for water rights violations pursuant to Tex. Water Code ch. 11 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Kent Heath, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

RULE MATTERS

Item 24.

Docket No. 2003-0942-RUL. Consideration for publication of a proposed amendment to 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste; Subchapter K, Hazardous Substance Facilities Assessment and Remediation; Section 335.347, Financial Capability Determinations.

The proposed rulemaking would implement House Bill 2252, 78th Legislature, Regular Session, 2003, which addresses the commission’s recovery of costs for remedial actions through the placement of liens or the filing of cost recovery actions under certain circumstances involving homesteads. (Caroline Sweeney, Joseph Thomas) (Rule Log No. 2003-054-335-WS)

Approve publication of the proposed amendment to 30 TAC Chapter 335. KW/LS; all agree.

Item 25.

Docket No. 2003-0943-RUL. Consideration for publication of, and hearing on, proposed new Section 285.37, On-Site Sewage Facility and Water Treatment Equipment and Appliances, and revised Section 285.39, On-Site Sewage Facility Maintenance and Management Practices.

The proposed rulemaking would implement Senate Bill 1633, 78th Legislature, 2003. This rulemaking will allow those using on-site sewage facilities (OSSFs) to discharge back flush from water treatment equipment, like water softeners and reverse osmosis systems, into an OSSF provided certain conditions are met. (Ken Graber, Jacquelyn Boutwell, Emily Barrett) (Rule Log No. 2003-057-285-WT)

Approve publication of, and hearing on, proposed new Section 285.37 and revised Section 285.39. KW/LS; all agree.

Item 26.

Docket No. 2003-1101-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 285, On-Site Sewage Facilities, Sections 285.80 and 285.81; 30 TAC Chapter 317, Design Criteria for Sewerage Systems, Section 317.1; and proposed new Subchapter F of 30 TAC Chapter 210, Use of Reclaimed Water, Sections 210.81, 210.82, and 210.83.

This rulemaking would implement House Bill 2661, 78th Legislature, Regular Session, 2003, which established new standards for the use of less than 400 gallons of domestic graywater. This legislation does not allow the commission to require a permit for the domestic use of less than 400 gallons of graywater each day if the graywater use meets certain conditions. Additionally, this rulemaking proposes to modify the definition of graywater to include wastewater from showers; bathtubs; hand washing lavatories; sinks that are not used for disposal of hazardous or toxic ingredients; sinks not used for food preparation or disposal; and clothes-washing machines, unless the washing of materials includes clothes soiled with human excreta. This rulemaking would also require the installer of a graywater system to advise the owner of the system about basic operating and maintenance procedures, including any effects on the owner’s on-site sewage facility system. Finally, this rulemaking would require engineers who design collection systems to account for the potential loss of graywater from the collection system. (Ken Graber, Louis C. Herrin, III, P.E, Jacquelyn Boutwell, Kathy Ramirez) (Rule Log No. 2003-056-317-WT)

Remanded to the Executive Director.

EXECUTIVE SESSION

Item 27.

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 28.

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 29.

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 30.

Docket No. 2002-0718-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Duke Energy Field Services, LP in Crockett County; Air Account No. CZ-0009-W; for air quality violations pursuant to Tex. Health & Safety Code ch. 382 and Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Gloria Stanford, Merrilee Gerberding)

Approve the agreed order. RM/LS; all agree.

Item continued from agendas of June 18, July 23, September 10, and October 22, 2003.

Item 1.

TCEQ Docket No. 2002-0834-UCR; SOAH Docket No. 582-02-3838. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of the City of Southlake to amend its water Certificate of Convenience and Necessity No. 10101 and decertify a portion of AquaSource Utility, Inc.'s water Certificate of Convenience and Necessity No. 11157 in Denton County.

Continued to the January 28, 2004 agenda.

Item 1.

TCEQ Docket No. 2001-1275-SLG. Consideration of timely Motions to Overturn filed by Aqua Water Supply Corporation, Jason Bacon, Blackland Prairie Concerned Citizens Association, James W. Cravens, Jr., Kevin Draehn, Luther Draehn, Selma Eklund, James Estes, Chuck Garner, Mahon & Susan Garry, J.T. Glass, Alice Guenther, Irene Helgren, H.W. Hise, Bruce Holiday, Gary & Barbara Johnson, Linda Johnson, Terry Johnson, Bonnie Kessler, Clifton Kessler, Jody Krankel, Astrid Larson, Jarrel Larson, Harry & Rhoda Ann Lind, Lower Colorado River Authority, Betty Lundgren, Fred Lundgren, Travis Lundgren, Reed Moore, Sherry Moore, Chester Nelle, Lisa Olson, Nancy Pfluger Payne, Mr. & Mrs. Scott Peters, James Prinz, Bradley Samuelson, David Samuelson, Jr., Deborah Samuelson, Glenda Samuelson, Marilyn Samuelson, Jodie Slifka, the Travis County Commissioners Court, and Wilton D. Wilton concerning the Executive Director’s issuance of Sludge Registration No. 710855 to CAP-TEX, Inc. on August 25, 2003. Sludge Registration No. 710855 authorizes wastewater and water treatment plant sludge and domestic septage to be beneficially land applied on 100 acres within a 156.874 acre site located adjacent to the north side of Skog Lane, approximately 7.2 miles northeast of the intersection of Farm-to-Market Road 1100 and U.S. Highway 290 in Travis County, Texas. The Commission will also consider timely-filed responses and replies to the Motions to Overturn.

Grant the Motions to Overturn, set the registration aside, and refer the matter to SOAH for a period of 3-4 months on the issue of whether the Applicant's compliance history warrants issuance of the registration under Texas Health & Safety Code Section 361.089. KW/RM; all agree.

Item 2.

TCEQ Docket No. 2003-0719-WR. Motion to Dismiss filed by Southwestern Electric Power Company dba American Electric Power (AEP) regarding the application, Application No. 5787, filed by Caddo Lake Institute, Inc. for an appropriation of 2.15 million acre-feet of state water per annum for nonconsumptive instream uses to be measured at six references points on the following streams in the Cypress Creek Basin: Big Cypress Creek, Little Cypress Creek, Black Cypress Bayou, James Bayou, Harrison Bayou, and Kitchen Creek. Cypress Creek Basin contains all or part of Morris, Titus, Franklin, Hopkins, Wood, Upshur, Gregg, Harrison, Camp, Cass and Marion Counties. In light of the Commission's previous order dismissing the application by the San Marcos River Foundation for an appropriation of state water for nonconsumptive instream uses--TCEQ Docket No. 2003-0027-WR--and the Texas Legislature's enactment of Senate Bill 1639, the General Counsel has determined to set for Commission consideration AEP's Motion for Dismissal. The Commission will consider briefs and responses, if any, filed by Caddo Lake Institute, Southwestern Electric Power Company, the Executive Director, the Public Interest Counsel, and other interested persons.

Deny the application as a matter of law. KW/RM; all agree.

Item 3.

TCEQ Docket No. 2003-0734-WR. Application filed by the Lavaca-Navidad River Authority (LNRA) on December 30, 2002, for 346,300 acre-feet to be measured at a reference point in the Lavaca River Basin, Jackson County; 153,902 acre-feet at a reference point in the Colorado-Lavaca Coastal Basin, Matagorda County; and 163,572 acre-feet at a reference point in the Lavaca-Guadalupe Coastal Basin, Victoria County for instream uses. The following counties lie in part or in whole in the Lavaca River Basin: Colorado, DeWitt, Fayette, Gonzales, Jackson, Lavaca, Victoria, and Wharton. The following counties lie in part or in whole of the Colorado-Lavaca Coastal Basin: Calhoun, Jackson, Matagorda, and Wharton. The following counties lie in part or in whole of the Lavaca-Guadalupe Coastal Basin: Calhoun, DeWitt, Jackson, Lavaca, and Victoria. In light of the Commission's previous order denying the application by the San Marcos River Foundation for an appropriation of state water for nonconsumptive instream uses--TCEQ Docket No. 2003-0027-WR--and the Texas Legislature's enactment of Senate Bill 1639, the General Counsel has determined to set for Commission consideration on whether the applications should be dismissed. The Commission will consider briefs and responses, if any, filed by LNRA, the Executive Director, the Public Interest Counsel, and other interested persons.

Deny the application as a matter of law. KW/RM; all agree.

Item 4.

TCEQ Docket No. 2003-0733-WR. Application filed by the Galveston Bay Conservation and Preservation Association (GBCPA) and Galveston Bay Foundation (GBF) on November 12, 2002, for 3.8 million acre-feet of state water at a reference point in the Trinity River Basin, Liberty County for instream uses and fresh water inflows into the Trinity-San Jacinto Estuary and Galveston Bay. The following counties lie in whole or in part in the Trinity River Basin: Liberty, San Jacinto, Polk, Trinity, Walker, Houston, Madison, Leon, Anderson, Freestone, Navarro, Henderson, Van Zandt, Kaufman, Rockwall, Ellis, Hunt, Hill, Johnson, Tarrant, Dallas, Collins, Parker, Denton, Wise, Jack, Young, Archer, Clay, Mantague, Cooke, Grayson, and Fannin. In light of the Commission's previous order denying the application by the San Marcos River Foundation for an appropriation of state water for nonconsumptive instream uses--TCEQ Docket No. 2003-0027-WR--and the Texas Legislature's enactment of Senate Bill 1639, the General Counsel has determined to set for Commission consideration on whether the applications should be dismissed. The Commission will consider briefs and responses, if any, filed by GBCPA and GBF, the Executive Director, the Public Interest Counsel, and other interested persons.

Deny the application as a matter of law. KW/RM; all agree.

Item 5.

TCEQ Docket No. 2003-0732-WR. Application filed by Matagorda Bay Foundation on November 8, 2002, for 663,774 acre-feet of state water at a reference point in the Lavaca River Basin, Jackson County; the Colorado-Lavaca Coastal Basin, Matagorda County; and the Lavaca-Guadalupe Coastal Basin, Victoria County for non-consumptive instream use and freshwater inflow into the Matagorda Bay. The following counties lie in whole or in part in the Lavaca River Basin: DeWitt, Lavaca, Fayette, Colorado, Wharton, Jackson, Victoria , and Gonzales. The following counties lie in whole or in part of the Colorado-Lavaca Coastal Basin: Jackson, Wharton, Calhoun, and Matagorda. The following counties lie in whole or in part of the Lavaca-Guadalupe Coastal Basin: Jackson, Victoria, DeWitt, Lavaca, and Calhoun. In light of the Commission's previous order denying the application by the San Marcos River Foundation for an appropriation of state water for nonconsumptive instream uses--TCEQ Docket No. 2003-0027-WR--and the Texas Legislature's enactment of Senate Bill 1639, the General Counsel has determined to set for Commission consideration on whether the applications should be dismissed. The Commission will consider briefs and responses, if any, filed by Matagorda Bay Foundation, the Executive Director, the Public Interest Counsel, and other interested persons.

Deny the application as a matter of law. KW/RM; all agree.

Item 6.

TCEQ Docket No. 2003-0731-WR. Application filed by the Lower Colorado River Authority (LCRA) on October 30, 2002, for all the remaining unappropriated state water in the Colorado River Basin downstream of a reference point at O.H. Ivie Reservoir, Coleman County and downstream of a reference point at Lake Brownwood, Brown County, an amount in excess of five million acre-feet, for instream uses. The following counties are located in part and in whole in the Colorado River Basin: Andrews, Bastrop, Blanco, Borden, Brown, Burnet, Calahan, Cochran, Coke, Coleman, Colorado, Comanche, Concho, Davidson, Eastland, Ector, Edwards, Fayette, Gaines, Garza, Gillespie, Glasscock, Hays, Hockley, Howard, Irion, Kerr, Kimble, Lampasas, Llano, Lynn, Martin, Mason, Matagorda, McCulloch, Menard, Midland, Mills, Mitchell, Nolan, Reagan, Real, Runnels, San Saba, Schleicher, Scurry, Sterling, Sutton, Taylor, Terry, Tom Green, Travis, Upton, Wharton, Winkler, and Yoakum. In light of the Commission's previous order denying the application by the San Marcos River Foundation for an appropriation of state water for nonconsumptive instream uses--TCEQ Docket No. 2003-0027-WR--and the Texas Legislature's enactment of Senate Bill 1639, the General Counsel has determined to set for Commission consideration on whether the applications should be dismissed. The Commission will consider briefs and responses, if any, filed by LCRA, the Executive Director, the Public Interest Counsel, and other interested persons.

Deny the application as a matter of law. KW/RM; all agree.