|
|
Hearing Request |
|
Item 1. |
Docket No. 1999-1507-AIR. Consideration of Protherm Services Group,
L.L.C.'s application for renewal of Air Quality Permit No. 6087 to
continue operation of its abrasive blast cleaning and painting facility in
Texas City, Galveston County, Texas. The Commission will consider the
application and the hearing request filed on the application. (Lisa
McClain/Brad Oehler) |
|
Deny hearing request, approve application for renewal of Permt, adopt Executive
Director's amended responses to comments, JB/RM. All Agree |
|
|
|
Multi Media Enforcement Agreed Orders |
|
Item 2. |
Docket No. 1997-0103-MLM-E. Consideration of an Agreed Order
assessing administrative penalties against John Palmer in Jefferson
County; TNRCC Enforcement ID No. 10046; for waste, water, and air
quality violations of the Texas Water Code, Chapter 361 and 382 of the
Texas Health & Safety Code, and the rules of the Texas Natural Resource
Conservation Commission. (Laura Kohansov) |
|
Issue Agreed Order, RM/RH. All Agree |
|
Item 3. |
Docket No. 1999-0067-MLM-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Midfield Water Supply Corporation in Matagorda County: PWS Facility
ID No. 1610086 and Water Quality Permit No. 13091-001; for water
quality and drinking water quality violations pursuant to the Tex. Health
& Safety Code ch. 341, Tex. Water Code chs. 7 and 26, and the rules of
the Texas Natural Resource Conservation Commission. (Gayle Z.
Stewart) |
|
Issue Agreed Order, RM/RH. All Agree |
|
|
|
Petroleum Storage Tank Enforcement Agreed Orders |
|
Item 4. |
Docket No. 1998-0941-PST-E. Consideration of an Agreed Order
assessing administrative penalties against AMPM Enterprises, Inc. in
Smith County; TNRCC ID No. 06965; for petroleum storage tank
violations pursuant to Chapter 26 of the Texas Water Code and the rules
of the Texas Natural Resource Conservation Commission. (John Sumner) |
|
Issue Agreed Order, RM/JB. All Agree |
|
Item 5. |
Docket No. 1998-0936-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of AMPM
Enterprises, Inc. in Smith County; TNRCC ID No. 41181; for petroleum
storage tank violations pursuant to Chapter 26 of the Texas Water Code
and the rules of the Texas Natural Resource Conservation Commission. |
|
Issue Agreed Order, RM/JB. All Agree |
|
Item 6. |
Docket No. 1998-0937-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of AMPM
Enterprises, Inc. in Rusk County; TNRCC ID No. 15767; for petroleum
storage tank violations pursuant to Chapter 26 of the Texas Water Code
and the rules of the Texas Natural Resource Conservation Commission.
(John Sumner) |
|
Issue Agreed Order, RM/JB. All Agree |
|
Item 7. |
Docket No. 1999-1106-PST-E. Consideration of an Agreed Order
resolving an enforcement action and assessing an administrative penalty
against Adnan Ahmad dba Andy's Food Store in Harris County; PST
Facility ID No. 0060569; for petroleum storage tank violations pursuant to
TEX. HEALTH & SAFETY CODE ch. 382 and TEX. WATER CODE
ch. 7 and the rules of the Texas Natural Resource Conservation
Commission. (Robbie Allen) |
|
Issue Agreed Order, RM/JB. All Agree |
|
Item 8. |
Docket No. 1998-0938-PST-E. Consideration of an Agreed Order
assessing administrative penalties against AMPM Enterprises, Inc. in
Rusk County; TNRCC ID No. 20606; for petroleum storage tank
violations pursuant to Chapter 26 of the Texas Water Code and the rules
of the Texas Natural Resource Conservation Commission. (John Sumner) |
|
Issue Agreed Order, RM/JB. All Agree |
|
|
|
Petroleum Storage Tank Enforcement Shutdown Order |
|
Item 9. |
Docket No. 1999-0806-PST-E. Consideration of a Shutdown Order
assessing administrative penalties and requiring certain actions of Micor
Energy dba AFCO in Tom Green County; TNRCC ID No. 58511; for
petroleum storage tank violations pursuant to Chapter 26 of the Texas
Water Code and the rules of the Texas Natural Resource Conservation
Commission. (John Sunmer) |
|
Remand to Executive Director |
|
|
|
Industrial Waste Discharge Enforcement Agreed Order |
|
Item 10. |
Docket No. 1998-0687-IWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Petroleum Wholesale, Inc. in Williamson County; TNRCC ID No. 48158;
for waste water violations pursuant to Chapter 26 of the Texas Water
Code and the rules of the Texas Natural Resource Conservation
Commission. (John Peeler) |
|
Issue Agreed Order, RH/RM. All Agree |
|
Item 11. |
Docket No. 1999-0649-IWD-E. Consideration of an Agreed Order
assessing administrative penalties against TOSCO Marketing Company in
Harris County; EPA General Permit No. TXG830026; for water quality
violations pursuant to TEX WATER CODE chs. 7 and 26 and the rules of
the Texas Natural Resource Conservation Commission. (Rebecca
Clausewitz) |
|
Issue Agreed Order, RH/RM. All Agree |
|
|
|
Air Enforcement Agreed Orders |
|
Item 12. |
Docket No. 1998-1211-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against Dariush Khairkhah dba The Pit Pros in Dallas County; Account
No. DB04948-P; 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 Natural Resource Conservation
Commission. (Sheila Smith) |
|
Issue Agreed Order, RM/RH. All Agree |
|
Item 13. |
Docket No. 1998-1239-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Southeast Texas Industries, Incorporated in Orange County; Air Account
No. OC-0369-S; for air quality violations pursuant to Texas Clean Air
Act, TEX. HEALTH & SAFETY CODE ch. 382, and TEX. WATER
CODE ch. 7 and the rules of the Texas Natural Resource Conservation
Commission. (Susan Kelly/Larry King) |
|
Issue Agreed Order, RM/RH. All Agree |
|
Item 14. |
Docket No. 1999-0314-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Lobo
Pipeling Company, a wholly owned Subsidiary of Conoco Incorporated in
Zapata County; Account No. ZA-0009-0; for air quality violations
pursuant to Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ch.
382 and TEX. WATER CODE ch. 7 and the rules of the Texas Natural
Resource Conservation Commission. (Carl Schnitz) |
|
Remand to Executive Director |
|
Item 15. |
Docket No. 1999-0500-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against Anacomp, Incorporated in Young County; Air Account No.
YB-0006-D; 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 Natural Resource Conservation
Commission. (Stacey Young) |
|
Issue Agreed Order, RM/RH. All Agree |
|
Item 16. |
Docket No. 1999-0741-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against and requiring certain actions of Justin Industries, Incorporated in
El Paso County; Air Account No. EE-0444-D; for air quality violations
pursuant to the Clean Air Act, TEX. HEALTH & SAFETY CODE ch.
382, TEX. WATER CODE ch. 7, and the rules of the Texas Natural
Resource Conservation Commission. (Stacey Young) |
|
Issue Agreed Order, RM/RH. All Agree |
|
Item 17. |
Docket No. 1999-0537-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Mansoor Mohandessi dba Old Western Furniture in Bexar County; Air
Account No. BG-0549-R; for air quality violations pursuant to the Texas
Clean Air Act, TEX. HEALTH & SAFETY CODE ch. 382, and TEX.
WATER CODE ch. 7 and the rules of the Texas Natural Resource
Conservation Commission. (Malcolm A. Ferris/Carl Schnitz) |
|
Issue Agreed Order, RM/RH. All Agree |
|
|
|
Agricultural Enforcement Agreed Order |
|
Item 18. |
Docket No. 1999-0497-AGR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Bill
Jenkins dba BYJ Cattle Company in Erath County; Water Quality Permit
No. None; for water quality violations pursuant to TEX. WATER CODE
chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
commission. (Merrilee Gerbering) |
|
Issue Agreed Order, JB/RH. All Agree |
|
Item 19. |
Docket No. 1999-0682-AGR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Stanley
Haedge dba Kow Kastle Dairy in Erath County; TNRCC ID No. 20080;
for dairy operation water quality violations pursuant to Chapter 26 of the
Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (John Sumner) |
|
Issue Agreed Order, RH/RM. All Agree |
|
|
|
Municipal Waste Discharge Enforcement Agreed Orders |
|
Item 20. |
Docket No. 1999-0255-MWD-E. Consideration of an Agreed Order
administrative penalties and requiring certain actions of Orange County
Water Control and Improvement District No. 1 in Orange County: Water
Quality Permit No. 10875-005; for water quality violations pursuant to the
TEX. WATER CODE chs. 7 and 26, and the rules of the Texas Natural
Resource Conservation Commission. (Lawrence King) |
|
Issue Agreed Order, RM/RH. All Agree |
|
Item 21. |
Docket No. 1998-1446-MWD-E. Consideration of an Agreed Order
assessing administrative penalties of the City of Collinsvile in Grayson
County; Water Quality Permit No. 10151-001; for water quality violations
pursuant to TEX. WATER CODE chs. 7 and 26, and the rules of the
Texas Natural Resource Conservation Commission. (Sherry Smith) |
|
Issue Agreed Order, RM/RH. All Agree |
|
|
|
Public Water Supply Enforcement Agreed Orders |
|
Item 22. |
Docket No. 1998-1106-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Louis
Bergman dba Pine Meadow Subdivision in Liberty County; TNRCC ID
No. 1460138; for public drinking water violations pursuant to Chapter
341 of the Texas Health & Safety Code and the rules of the Texas Natural
Resource Conservation Commission. (Nathan Block) |
|
Issue Agreed Order, RH/RM. All Agree |
|
Item 23. |
Docket No. 1999-0656-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Bruce
Yoakum dba A & A Mobile Home Park in Johnson County; Public Water
Supply ID No. 1260061; for drinking water quality violations pursuant to
the TEX. HEALTH & SAFETY CODE ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Michael De La Cruz) |
|
Issue Agreed Order, RH/RM. All Agree |
|
Item 24. |
Docket No. 1999-0781-PWS-E. Consideration of an Agreed Order
assessing administrative penalties of Charles Wright dba Oak Acres
Mobile Home Park in Orange County; Public Water Supply No. 1810179;
for drinking water quality violations pursuant to TEX. HEALTH &
SAFETY CODE ch. 341 and the rules of the Texas Natural Resource
Conservation Commission. (Shawn Stewart) |
|
Issue Agreed Order, RH/RM. All Agree |
|
Item 25. |
Docket No. 1998-1225-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Tecon
Corporation dba Southwest Water Services, Inc. and Resort Water
Services, Inc., in Hood and Parker Counties; Certificate of Convenience
and Necessity No. 10764; for drinking water quality violations pursuant to
the TEX. HEALTH & SAFETY CODE ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Subhash Jain) |
|
Issue Agreed Order, RH/RM. All Agree |
|
Item 26. |
Docket No. 1999-0839-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Elkhart
Partners, Ltd. dba Carnes Mobile Home Park in Victoria County; Public
Water Supply No. 2350039; for drinking water quality violations pursuant
to the TEX. HEALTH & SAFETY CODE ch. 341 and the rules of the
Texas Natural Resource Conservation Commission. (Subhash Jain) |
|
Issue Agreed Order, RH/RM. All Agree |
|
Item 27. |
Docket No. 1997-0303-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of The
City of Big Wells in Dimmit County; TNRCC ID No. 13782 -001; for
public drinking water violations pursuant to Chapter 26 of the Texas
Water Code, Chapter 341 of the Texas Health & Safety Code, and the
rules of the Texas Natural Resource Conservation Commission. (Nathan
Block) |
|
Issue Agreed Order, RH/RM. All Agree |
|
Item 28. |
Docket No. 1998-1352-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions Pleasure
Point Property Owners Association in Angelina County; TNRCC ID No.
0030007; for public drinking water violations pursuant to Chapter 341 of
the Texas Health & Safety Code, Chapter 13 of the Texas Water Code,
and the rules of the Texas Natural Resource Conservation Commission.
(Nathan Block) |
|
Issue Agreed Order, RH/RM. All Agree |
|
Item 29. |
Docket No. 1999-1014-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of D. E.
Martin dba Consumers Water Company in Harris County; TNRCC ID
Nos. 1010700 and 1010219; for public drinking water violations pursuant
to Chapter 341 of the Texas Health & Safety Code and the rules of the
Texas Natural Resource Conservation Commission. (Nathan Block) |
|
Issue Agreed Order, RH/RM. All Agree |
|
|
|
Public Water Supply Enforcement Default Orders |
|
|
Item 30. |
Docket No. 1999-0358-PWS-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of Charles
Shyngle dba Play Palace Daycare Center in Harris County; TNRCC IC
No. 1012803; for public drinking water violations pursuant to Chapter
341 of the Texas Health & Safety Code and the rules of the Texas Natural
Resource Conservation Commission. (Nathan Block) |
|
Issue Default Order, RH/JB. All Agree |
|
Item 31. |
Docket No. 1998-1484-PWS-E. Consideration of a Default Order
assessing administrative penalties against and requiring certain actions of
Robert Meller dba Allison Volunteer Water System in Wheeler County;
TNRCC ID No. 2420003; for public drinking water violations pursuant to
Chapter 341 of the Texas Health & Safety Code and the rules of the Texas
Natural Resource Conservation Commission. (Nathan Block) |
|
Issue Default Order, RH/JB. All Agree |
|
|
|
On-Site Sewage Facility Enforcement Agreed Order |
|
Item 32. |
Docket No. 1999-1199-OSS-E. Consideration of an Agreed Order
assessing administrative penalties of Martin Brewer in Bandera County;
On-Site Sewage Facility No. OS4950; for on-site sewage facility
violations pursuant to TEX. HEALTH & SAFETY CODE ch. 366, TEX.
WATER CODE ch. 7 and the rules of the Texas Natural Resource
Conservation Commission. (Steven Lopez) |
|
Issue Agreed Order, RM/RH. All Agree |
|
|
|
Irrigators Enforcement Agreed Order |
|
Item 33. |
Docket No. 1999-0742-LII-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Eric
Pruzzo in Dallas County; unlicensed irrigator; for certification violations
pursuant to TEX. WATER CODE chs. 7 and 34 and the rules of the Texas
Natural Resource Conservation Commission. (Clint Pruett) |
|
Issue Agreed Order, RM/RH. All Agree |
|
|
|
Municipal Solid Waste Enforcement Agreed Order |
|
Item 34. |
Docket No. 1998-0645-MSW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Hopkins County and Goodwill Industries in Hopkins County; TNRCC ID
No. 40088; for municipal solid waste disposal violations pursuant to
Chapter 7 of the Texas Water Code, Chapter 361 of the Texas Health &
Safety Code, and the rules of the Texas Natural Resource Conservation
Commission. (Nathan Block) |
|
Issue Agreed Order, RH/RM. All Agree |
|
|
|
Industrial Hazardous Waste Enforcement Agreed Order |
|
Item 35. |
Docket No. 1998-1177-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Battery
Conservation Technologies, Inc. in Reeves County; TNRCC ID No.
52085; for industrial and hazardous waste violations pursuant to Chapter
7 of the Texas Water Code, Chapter 361 of the Texas Health & Safety
Code, and rules of the Texas Natural Resource Conservation Commission.
(Scott McDonald) |
|
Issue Agreed Order, JB/RH. All Agree |
|
|
|
State Implementation Plans |
|
Item 36. |
Docket No. 2000-0032-SIP. Consideration for publication of, and
hearing upon, an agreed order with the Aluminum Company of America,
Milam County, Texas, Account Number MM-0001-T and revisions to the
State Implementation Plan (SIP) for ozone control. The agreed order and
revised SIP would make federally enforceable certain local ozone
precursor emission reductions of nitrogen oxide. (Bill Jordan) |
|
See Item 41 |
|
Item 37. |
Docket No. 2000-0033-SIP. Consideration for publication of, and
hearing upon, an agreed order with Eastman Chemical Company, Texas
Eastern Division, Longview, Harrison County, Texas, Account Number
HH-0042-M and revisions to the State Implementation Plan (SIP) for
ozone control and for the Northeast Texas Flexible Attainment Region.
The agreed order and revised SIP would make federally enforceable
certain local ozone precursor emission reductions of nitrogen oxides and
volatile organic compounds. (Bill Jordan) |
|
See Item 42 |
|
|
|
Rule |
|
Item 38. |
Docket No. 1999-1568-RUL. Consideration for publication of and
hearing on proposed new 30 TAC Chapter 230, Groundwater Availability
Certification for Platting. The proposed new chapter will implement the
statutory requirements of Senate Bill 1323, 76th Legislature, 1999, which
added 212.0101 and 232.0031 to the Local Government Code. The
proposed new chapter establishes the appropriate form and content of a
certification, which is to be attached to a plat application, that adequate
groundwater is available for the subdivision. (Steve Musick and Kelly
Mills) (Rule Log 99028-230-WT). |
|
Approve Publication & Hearing, JB/RH. All Agree |
|
|
|
EXECUTIVE SESSION |
|
Item 39. |
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. No final
action, decision or vote with regard to any legal or personnel matter
considered in the closed meeting shall be made in the absence of further
notice issued in accordance with Chapter 551 of the Government Code. |
|
No Action Taken |
|
Item 40. |
Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A
CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND
RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC
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
TNRCC 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
TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS
IN THE OFFICE OF CHIEF CLERK AT (512) 239-3317 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. |
|