|
HEARING REQUESTS |
|
| Item 1. |
Docket No. 2001-1574-AIR. Consideration of application by Valero Refining
Company for the amendment of Air Quality Permit No. 38754 / PSD-TX-324M10 to
authorize construction of a third sulfur recovery unit at its existing refinery. The
refinery is located at 5900 Up River Road in Corpus Christi, Nueces 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. (Kurt Kind/Garrett Arthur) |
|
| Deny hearing request as a matter of law and issue permit, adopt Executive Director's response to
comments, with revision of the Executive Director's response to comment 49 to make it consistent
with his response to comment 48, RH/RM. All Agree |
|
| Item 2. |
Docket No. 2001-1541-MWD. Consideration of permit application # 10548-004,
submitted by City of Angleton for new TNRCC Permit No. 10548-004, which
authorizes the disposal of treated domestic wastewater at a daily average flow not to
exceed 3,600,000 gallons per day. The permit also authorizes land application of
sludge to 75 acres of land. This permit will not authorize a discharge of pollutants into
waters in the State. The wastewater treatment facilities and disposal area are located
approximately 1.5 miles southwest of the intersection of State Highway 35 and State
Highway 227 in Brazoria County, Texas. The sludge application site is located
adjacent to the treatment facility. The Commission will also consider hearing requests,
related responses and replies, public comment and the Executive Director's Response
to Comments. (Phillip Urbany, Lisa McClain) |
|
| Grant hearing request and refer to State Office Administrative Hearings on the issues of Effluent
Backflow and Sludge Runoff, with Alternative Dispute Resolution for 4 to 6 weeks, and a 4 month
hearing duration, RM/KW. All Agree |
|
|
PERMIT DENIAL RECOMMENDATION |
|
| Item 3. |
Docket No. 2001-1375-WR. Consideration of the application of Sonja Rose Klein
for a permit by Tex. Water Code 11.143 to divert and use 40 acre-feet of water per
annum to irrigate 40 acres of land out of a 347.35 acre tract. Klein will divert this
water from an existing domestic and livestock reservoir which impounds 6 acre-feet of
water on Bullhead Creek. The combined maximum diversion rate is 0.56 cfs (250
gpm). No comments or hearing requests were received on this application. The
Executive Director recommends that the request be denied because no unappropriated
water is available for appropriation at this diversion point. |
|
| Remanded to Executive Director |
| |
|
AGRICULTURAL ENFORCEMENT AGREED ORDERS |
|
| Item 4. |
Docket No. 2001-0866-AGR-E. Consideration of an Agreed Order assessing
administrative penalties against Jim Wilson dba Mainstay Christmas Tree Farm in
Johnson 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. (Sushil Modak, Kimberly McGuire) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 5. |
Docket No. 2001-0160-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Penn-Cal, L.L.C. dba
Penn-Cal Dairy in Erath County; Water Quality Permit No. 03199; for water
quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Steven Lopez, Kimberly
McGuire) |
|
| Issue agreed order, RH/KW. All Agree |
|
| |
AIR QUALITY ENFORCEMENT AGREED ORDERS |
|
| Item 6. |
Docket No. 2000-1444-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Air System Components,
L.P. in El Paso County; Air Account No. EE-2271-T; for air quality violations
pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules
of the Texas Natural Resource Conservation Commission. (Bethany Carl, Tel
Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 7. |
Docket No. 2001-0124-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of D. V., Inc. dba Dura Mar
Bath Systems in Ellis County; Air Account No. ED-0147-A; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and
the rules of the Texas Natural Resource Conservation Commission. (Wendy Cooper,
Kimberly McGuire) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 8. |
Docket No. 2001-0703-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Texas Lime Company in Johnson County; Air
Account No. JH-0045-I; for air quality violations pursuant to Tex. Health & Safety
Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Miriam Hall, Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 9. |
Docket No. 2001-1002-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Sherwin-Williams Company
in Dallas County; TNRCC Air Account No. DB-0728-N; for air quality violations
pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of
the Tex. Water Code, and the rules of the Texas Natural Resource Conservation
Commission. (Lisa Lemanczyk) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 10. |
Docket No. 1999-0371-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Huntsman Polymers
Corporation in Ector County; TNRCC Air Account No. EB-0057-B; for air quality
violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety
Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource
Conservation Commission. (Lisa Lemanczyk) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 11. |
Docket No. 2001-1138-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against The George R. Brown Partnership in Freestone
County; Air Account No. FI-0013-T; for air quality violations pursuant to Tex.
Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (James Jackson, Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 12. |
Docket No. 2001-0509-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Jones Energy, LTD in Gray County; Air Account
No. GH-0084-N; for air quality violations pursuant to Tex. Health & Safety Code ch.
382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (Ronnie L. Kramer, Mac Vilas) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 13. |
Docket No. 2001-0796-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against New Braunfels General Store International, Inc.
in Comal County; Air Account No. CS-0024-G; General Operating Permit No.
O-01764; for air quality violations pursuant to Tex. Health & Safety Code ch. 382,
Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (Rebecca Clausewitz, Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 14. |
Docket No. 2001-0963-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against BP Pipelines (North America) Inc. in Scurry
County; Air Account No. SG-0002-W; for air quality violations pursuant to Tex.
Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Carolyn Easley, Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 15. |
Docket No. 2000-0843-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Mitchell Gas Services, L.P. in Limestone, Madison,
Runnels, Grimes, Wise, Palo Pinto, Montgomery, Waller, Coleman, and Coke
Counties; Air Account Nos. LI-0066-B, MD-0016-I, RK-0041-N, GK-0057-L,
LI-0045-J, WN-0094-C, WN-0040-C, WN-0063-N, PA-0015-P, MQ-0303-C,
WB-0098-G, RK-0063-D, RK-0015-O, CO-0034-B, & CN-0004-V; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and
the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith,
Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 16. |
Docket No. 2001-0513-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Penske Truck Leasing Co., L.P. dba Texas 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 Natural Resource Conservation Commission.
(Suzanne Walrath, Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 17. |
Docket No. 2001-0278-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Lufkin Industries,
Incorporated in Angelina County; TNRCC Air Account No. AC-0015-F; for air
quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code
ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Susan
Kelly, Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 18. |
Docket No. 2001-1012-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Alcoa World Alumina Atlantic, L.L.C. in Calhoun
County; Air Account Number CB-0003-M; for air quality violations pursuant to Tex.
Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Gary L. McDonald, Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 19. |
Docket No. 2001-0723-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Inland Paperboard and
Packaging, Inc. in Orange County; Air Account No. OC-0019-C; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and
the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Tel
Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 20. |
Docket No. 2001-0844-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Union Carbide Corporation
in Galveston County; Air Account No. GB-0076-J; for air quality violations pursuant
to Tex. Health & Safety Code chs. 361, 370, and 382, Tex. Water Code ch. 7, and the
rules of the Texas Natural Resource Conservation Commission. (Rebecca Johnson,
Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 21. |
Docket No. 2001-0225-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Trevor Boyce Associates,
Inc. in Liberty County; Air Account No. LH-0032-G; for air quality violations
pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code. ch. 7, and the rules
of the Texas Natural Resource Conservation Commission. (J. Craig Fleming, Tel
Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 22. |
Docket No. 2001-0365-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mitchell Gas Service L.P. in
Coleman County; Air Account No. CO-0034-B; for air quality violations pursuant to
Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (David Van Soest, Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 23. |
Docket No. 2001-0607-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against TE Products Pipeline Company, LP in Jefferson
County; TNRCC Air Account No. JE-0098-U; for air quality violations pursuant to
Tex. Health & Safety Code ch. 382, Tex. Water Code ch 7, and the rules of the Texas
Natural Resource Conservation Commission. (Susan Kelly, John Mead) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 24. |
Docket No. 2001-1119-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Rio Grande Valley Sugar
Growers, Inc. in Hidalgo County; Air Account No. HN-0083-G; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and
the rules of the Texas Natural Resource Conservation Commission. (Sandra
Hernandez, Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 25. |
Docket No. 2001-0246-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against RCM Investors, Inc. in El Paso County; Air
Account No. EE-0836-F; for air quality violations pursuant to Tex. Health & Safety
Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Stacey Young, Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 26. |
Docket No. 2001-0331-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against NIDO, Inc. dba Beck Readymix Concrete
Company in Bexar County; Air Account No. BG-0036-F and Air Permit No. R-695;
for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water
Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission.
(Rebecca Clausewitz, Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 27. |
Docket No. 1999-0019-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ticona Polymers, Inc. in
Nueces County; TNRCC Air Account No. NE-0022-I; TNRCC Air Quality Permit
No. 8442; TNRCC HW Permit No. 50123; TNRCC SWR No. 30084; EPA ID No.
TXD008113441; for air quality violations and hazardous waste violations pursuant to
chs. 361 and 382 of the Tex. Health and Safety Code, ch. 7 of the Tex. Water Code,
and the rules of the Texas Natural Resource Conservation Commission. (Lisa
Lemanczyk) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 28. |
Docket No. 2001-0997-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Reliant Energy Channelview (Texas), LLC in
Harris County; Air Account No. HX-2342-B; for air quality violations pursuant to
Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Carl Schnitz, Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
|
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS |
|
| Item 29. |
Docket No. 2001-0706-IHW-E. Consideration of an Agreed Order assessing
administrative penalties against Merisol USA LLC in Harris County; Solid Waste
Registration No. 30595; for industrial & hazardous waste violations pursuant to Tex.
Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Catherine Sherman, Tom Jecha) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 30. |
Docket No. 2000-1085-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Rusty Lindeman dba Jet
Center Aviation in Medina County; Solid Waste Registration No. 81343; for
industrial & hazardous waste violations pursuant to Tex. Health & Safety Code ch.
361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource
Conservation Commission. (Terry Murphy, Tom Jecha) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 31. |
Docket No. 2001-0691-IHW-E. Consideration of an Agreed Order assessing
administrative penalties against Sand Trap Service Company, Incorporated dba
Cold Springs Processing and Disposal in Tarrant County; Municipal Solid Waste
Permit No. 1225-C; for industrial & hazardous waste violations pursuant to Tex.
Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Jorge Ibarra, P.E., Tom Jecha) |
| |
| Issue agreed order, RH/KW. All Agree |
|
| Item 32. |
Docket No. 2001-0690-IHW-E. Consideration of an Agreed Order assessing
administrative penalties against Sand Trap Service Company, Incorporated in
Tarrant County; TNRCC Transporter ID No. 48506; for industrial & hazardous
waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch.
7, and the rules of the Texas Natural Resource Conservation Commission. (Jorge
Ibarra, P.E., Tom Jecha) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 33. |
Docket No. 2001-1008-IHW-E. Consideration of an Agreed Order assessing
administrative penalties against Philip Reclamation Services, Houston, Inc. in
Harris County; Solid Waste Registration No. 30271 and TNRCC Permit No.
HW-50326-001; for industrial & hazardous waste violations pursuant to Tex. Health
& Safety Code chs. 361 and 370, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Trina Grieco, Tom Jecha) |
|
| Issue agreed order, RH/KW. All Agree |
| |
|
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER |
|
| Item 34. |
Docket No. 2001-0731-IWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Lone Star Growers, L.P.
dba Color Spot Nurseries, Inc. in Walker County; Water Quality Permit No.
02212-000; for water quality violations pursuant to Tex. Water Code chs. 7 and 26
and the rules of the Texas Natural Resource Conservation Commission. (Catherine
Albrecht, Kimberly McGuire) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| |
LICENSED IRRIAGTORS ENFORCEMENT AGREED ORDER |
|
| Item 35. |
Docket No. 2001-0369-LII-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Samuel Martinez in El Paso
County; Irrigator/Installer License No. None; for licensing violations pursuant to Tex.
Water Code chs. 7 and 34 and the rules of the Texas Natural Resource Conservation
Commission. (Elvia Maske, Kimberly McGuire) |
|
| Issue agreed order, RH/RM. All Agree |
| |
|
MULTI-MEDIA ENFORCEMENT AGREED ORDERS |
|
| Item 36. |
Docket No. 2000-0280-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Live Oak Resort, Inc. in
Washington County; TNRCC PWS ID No. 2390050; for public drinking water and
water quality violations pursuant to ch. 341 of the Tex. Health & Safety Code, chs. 7
and 26 of the Tex. Water Code, and the rules of the Texas Natural Resource
Conservation Commission. (Elisa Roberts) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 37. |
Docket No. 2001-0400-MLM-E. Consideration of an Agreed Order assessing
administrative penalties against Huntsman Polymers Corporation in Ector County;
Class I UIC Permit Nos. WDW-16, WDW-88, WDW-126, and WDW-154; for
underground injection control violations pursuant to Tex. Health & Safety Code ch.
361, Tex. Water Code chs. 7, 26, and 27, and the rules of the Texas Natural Resource
Conservation Commission. (Dan Landenberger, Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 38. |
Docket No. 2001-0730-MLM-E. Consideration of an Agreed Order assessing
administrative penalties against Granite Construction Company in Webb County;
Air Account No. WE-0269-Q; for air quality, water quality, and municipal solid waste
violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code
chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission.
(Malcolm A. Ferris, Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 39. |
Docket No. 2001-0291-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of E. I. Du Pont de Nemours
and Co., Inc. in Jefferson County; Air Account No. JE-0033-C and Solid Waste
Registration No. 30010; WDW-100, WDW-101, and WDW-188; for air quality and
underground injection control violations pursuant to Tex. Health & Safety Code ch.
382, Tex. Water Code chs. 7 and 27, and the rules of the Texas Natural Resource
Conservation Commission. (Susan Kelly, Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 40. |
Docket No. 2001-0616-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Seadrift Coke, L.P. in
Calhoun County; Solid Waste Registration ID No. 33779 and Air Account No.
CB-0042-C; for air quality and industrial & hazardous waste violations pursuant to
Tex. Health & Safety Code chs. 382 and 361, Tex. Water Code ch. 7, and the rules of
the Texas Natural Resource Conservation Commission. (Gary L. McDonald, Tel
Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 41. |
Docket No. 2001-0585-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mobil Chemical Company,
a wholly owned subsidiary of Exxon Mobil Corporation in Jefferson County; Air
Account No. JE-0062-S and TPDES Permit No. 0000462; 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 Natural Resource Conservation Commission.
(John Barry, Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 42. |
Docket No. 2001-0729-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Raul Maldonado, Jr. dba
Central Pallets # 1 in Webb County; Air Account No. WE-0300-B; for air quality
violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code
chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission.
(Malcolm A. Ferris, Tel Croston) |
|
| Issue agreed order, RM/KW. All Agree |
| |
|
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS |
|
| Item 43. |
Docket No. 2001-0417-MSW-E. Consideration of an Agreed Order assessing
administrative penalites against Phoenix Oil, Inc. in Harris County; Used Oil
Handler Registration No. A85264; for municipal solid waste violations pursuant to
Tex. Health & Safety Code ch. 371, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Laurie Eaves, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 44. |
Docket No. 2001-0346-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Waco in
McLennan County; MSW Permit No. 01419; for municipal solid waste violations
pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules
of the Texas Natural Resource Conservation Commission. (James A. Jackson, Tom
Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
|
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
|
| Item 45. |
Docket No. 2000-1439-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against ABB Vetco Gray, Inc. in Harris County; TNRCC
TPDES Permit No. 11651-001; for water quality violations pursuant to chs. 7 and 26
of the Tex. Water Code and the rules of the Texas Natural Resource Conservation
Commission. (Elisa Roberts) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 46. |
Docket No. 2001-0178-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Plano and North
Texas Municipal Water District in Collin County; Water Quality Permit No.
10363-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26
and the rules of the Texas Natural Resource Conservation Commission. (Wendy
Cooper, Kimberly McGuire) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 47. |
Docket No. 2000-1393-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Sinton in San
Patricio County; TPDES Permit No. 10055-001; 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, Kimberly McGuire) |
|
| Remanded to Executive Director |
| |
|
ON SITE SEWAGE FACILITY INSTALLERS ENFORCEMENT AGREED
ORDER |
|
| Item 48. |
Docket No. 2001-0418-OSI-E. Consideration of an Agreed Order assessing
administrative penalties against Mr. Alarico Trevino dba Trevino & Sons Septic
Tanks in Jim Wells County; On-Site Sewage Facility Installer Certification No.
8066; for on-site sewage installation violations pursuant to Tex. Health & Safety Code
ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Erika Fair, Kimberly McGuire) |
|
| Issue agreed order, RH/RM. All Agree |
| |
|
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
|
| Item 49. |
Docket No. 2001-0376-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Farah Associates Inc. dba Collins Food Store in
Tarrant County; PST Facility ID No. 0014912; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Judy Fox, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 50. |
Docket No. 2001-0834-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Terry Memorial Hospital District dba Brownfield
Regional Medical Center in Terry County; PST Facility ID No. 71796; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Tom
Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 51. |
Docket No. 2001-0647-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Tanknology/NDE Corporation in Tarrant County;
PST ID No. 0026291; for petroleum storage tank violations pursuant to Tex. Health &
Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural
Resource Conservation Commission. (Wendy Cooper, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 52. |
Docket No. 2001-0085-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Beiruth Business, Inc. dba
Stop N Go in Harris County; PST Facility ID No. 0039721; for petroleum storage
tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code chs.
7 and 26, the rules of the Texas Natural Resource Conservation Commission.
(Catherine Sherman, Tom Jecha) |
|
| Reposted as #87 |
| |
| Item 53. |
Docket No. 2001-0378-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Mr. Mohsin Hemani dba Benny's Mart in Dallas
County; PST Facility ID No. 0062338; for petroleum storage tank violations pursuant
to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource
Conservation Commission. (Wendy Cooper, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 54. |
Docket No. 2001-0476-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Asif Dawood dba EZ 4 U in Harris County; PST
Facility ID No. 0005429; for PST violations pursuant to Tex. Water Code chs. 7 and
26 and the rules of the Texas Natural Resource Conservation Commission. (Rebecca
Johnson, Tom Jecha) |
|
| Remanded to Executive Director |
| |
| Item 55. |
Docket No. 2001-0939-PST-E. Consideration of an Agreed Order assessing
administrative penalties against U.S. Department of Justice - Federal Correctional
Institution in Dallas County; PST Facility ID No. 0009560; for petroleum storage
tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (A. Sunday Utoetok, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 56. |
Docket No. 2001-0886-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Shallowater Independent School District in
Lubbock County; PST Facility ID No. 49432; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Gary Shipp, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 57. |
Docket No. 2001-0801-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of City of Levelland in
Hockley County; PST Facility ID No. 27950; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Gary Shipp, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 58. |
Docket No. 1999-0646-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Bay City, LTD. dba Super Quick in Harris
County; TNRCC ID No. 29992; for petroleum storage tank and air quality violations
pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of the Tex. Health &
Safety Code, and the rules of the Texas Natural Resource Conservation Commission.
(Elisa Roberts) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 59. |
Docket No. 2001-0543-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Taufique Tom Abdul
Ghaffer dba Jannet Enterprises Inc. dba Jensen Coastal and Farooq Frank
Khamani dba Jensen Coastal in Harris County; PST Facility ID No. 0030583; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Natural Resource Conservation Commission. (Trina Grieco, Tom
Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 60. |
Docket No. 2001-0770-PST-E. Consideration of an Agreed Order assessing
administrative penalties against S.T.H.P. Corporation dba Tarantula Crossing in
Tarrant County; PST Facility ID No. 0069211; for petroleum storage tank violations
pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules
of the Texas Natural Resource Conservation Commission. (Thomas E. Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 61. |
Docket No. 2001-0115-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jerry Darnell dba Pasadena
Resources Inc. in Harris County; PST Facility ID No. 0049868; 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 Natural Resource Conservation
Commission. (A. Sunday Udoetok, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 62. |
Docket No. 2001-0836-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Eagle-Picher Industries, Inc. in Lubbock County;
PST Facility ID No. 55708; for petroleum storage tank violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Gary Shipp, Tom Jecha) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| |
PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS |
|
| Item 63. |
Docket No. 2001-0679-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Duval County Conservation
and Reclamation District in Duval County; Public Water Supply ID No. 0660015;
for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341
and the rules of the Texas Natural Resource Conservation Commission. (Kent Heath,
Kimberly McGuire) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 64. |
Docket No. 2001-0490-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Pecan Shadows Water
Supply Corporation in Matagorda County; Certificate of Convenience and
Necessity No. 11930; for drinking water quality violations pursuant to Tex. Water
Code chs. 5 and 13 and the rules of the Texas Natural Resource Conservation
Commission. (Sherry Smith, Kimberly McGuire) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 65. |
Docket No. 2001-0596-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Bardwell in Ellis
County; Public Water Supply No. 0700020; for drinking water quality violations
pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 13, and the rules
of the Texas Natural Resource Conservation Commission. (Judy Fox, Kimberly
McGuire) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 66. |
Docket No. 2001-0422-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the Estate of David W.
McCoy in Liberty County; Certificate of Convenience and Necessity No. 12042 and
Public Water Supply No. 1460061; for drinking water quality violations pursuant to
Tex. Water Code ch. 13 and the rules of the Texas Natural Resource Conservation
Commission. (Sheila Smith, Kimberly McGuire) |
|
| Issue agreed order, RH/KW. All Agree |
|
| Item 67. |
Docket No. 2001-0625-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Thunderbird Bay Water
Treatment Plant in Brown County; Public Water Supply No. 0250031; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Natural Resource Conservation Commission. (George Ortiz, Kimberly
McGuire) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 68. |
Docket No. 2001-0523-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Duck Creek Water Supply
Corporation in Smith County; Public Water Supply ID No. 2120011; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind,
Kimberly McGuire) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 69. |
Docket No. 2001-0761-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Iron Hill Water
Corporation in Cherokee County; Public Water Supply ID No. 0370022; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (Elnora Moses,
Kimberly McGuire) |
|
| Remanded to Executive Director |
| |
| Item 70. |
Docket No. 2001-0662-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Lipan in Hood
County; Public Water Supply ID No. 1110011; for drinking water quality violations
pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural
Resource Conservation Commission. (Cheryl Thompson, Kimberly McGuire) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 71. |
Docket No. 2001-0188-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Laguna Tres Incorporated
in Hood County; Public Water Supply No. 1110019; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Cheryl Thompson, Kimberly McGuire) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 72. |
Docket No. 2000-1339-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Detroit in Red
River County; Public Water Supply ID No. 1940003; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Elnora Moses, Kimberly McGuire) |
|
| Remanded to Executive Director |
| |
| Item 73. |
Docket No. 2001-0678-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of YWCA/Hueco Corporation
dba YWCA Hueco Conference and Retreat Center in El Paso County; Public
Water Supply No. 0710082; for drinking water quality violations pursuant to Tex.
Health & Safety Code ch. 341 and the rules of the Texas Natural Resource
Conservation Commission. (Kent Heath, Kimberly McGuire) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 74. |
Docket No. 2001-0270-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Acton Municipal Utility
District in Hood County; Public Water Supply No. 1110007; for drinking water
quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the
Texas Natural Resource Conservation Commission. (Brian Lehmkuhle, Kimberly
McGuire) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 75. |
Docket No. 2001-0475-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Wharton in
Wharton County; Public Water Supply No. 2410005; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Catherine Albrecht, Kimberly
McGuire) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 76. |
Docket No. 2001-0448-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Mr. John Martinec dba Lake Worth Mobile Home
Park in Tarrant County; Public Water Supply No. 2200136; for drinking water
quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the
Texas Natural Resource Conservation Commission. (Judy Fox, Kimberly McGuire) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 77. |
Docket No. 2001-0603-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the Texas Department of
Transportation in Ellis County; Public Water Supply No. 0700078; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Natural Resource Conservation Commission. (Elvia Maske, Kimberly
McGuire) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| |
SLUDGE ENFORCEMENT AGREED ORDER |
|
| Item 78. |
Docket No. 2001-1089-SLG-E. Consideration of an Agreed Order assessing
administrative penalties against John H. Caldwell and Biosolids Management, Inc.
in Brazoria County; Beneficial Use Registration No. 710225; for water quality
violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and
26, and the rules of the Texas Natural Resource Conservation Commission.
(Catherine Albrecht, Kimberly McGuire) |
|
| Issue agreed order, RM/RH. All Agree |
|
|
UNDERGROUND INJECTION CONTROL ENFORCEMENT AGREED
ORDERS |
|
| Item 79. |
Docket No. 2001-0823-UIC-E. Consideration of an Agreed Order assessing
administrative penalties against Cogema Mining, Inc. in Webb County; Class I
Permit No. WDW 195; for underground injection control violations pursuant to Tex.
Water Code chs. 7 and 27 and the rules of the Texas Natural Resource Conservation
Commission. (Thomas E. Jecha) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 80. |
Docket No. 2001-0868-UIC-E. Consideration of an Agreed Order assessing
administrative penalties against Cogema Mining, Inc. in Duval County; Class I
Permit Nos. WDW-150 & WDW-151 and Class III Permit No. UR02155-001; for
underground injection control violations pursuant to Tex. Water Code chs. 7 and 27
and the rules of the Texas Natural Resource Conservation Commission. (Sushil
Modak, Tom Jecha) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 81. |
Docket No. 2001-0570-UIC-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of NID, L.P. in Jefferson
County; Industrial Solid Waste Registration No. 39098 and Permit Nos. SW39098,
WDW-344 and WDW-345; for underground injection control violations pursuant to
Tex. Water Code chs. 7 and 27 and the rules of the Texas Natural Resource
Conservation Commission. (Susan Kelly, Tom Jecha) |
|
| Issue agreed order, RH/KW. All Agree |
|
|
EMERGENCY ORDER |
|
| Item 82. |
Docket No. 2001-0688-MLM-E. Consideration of whether to Modify, Affirm, or Set
Aside an Emergency Order issued on December 19, 2001 by the Executive Director of
the Texas Natural Resource Conservation Commission pursuant to Tex. Water Code
ch. 5.501(c)(1) to address the abandonment of a retail public utility (Facility) by
Henry Harris dba Plaza Water Utility, in Bell County; to ensure continued
operation of the facility; and to provide continuous and adequate service to customers.
The Emergency Order appointed Phillips Gordon as temporary manager of the
Facility. The certificate of convenience and necessity for the Utility is held by Henry
Harris dba Plaza Water Utility, pursuant to ch. 13 of the Tex. Water Code and the
rules of the Texas Natural Resource Conservation Commission. (Gitanjali Yadav) |
|
| Refer the case to State Office Administrative Hearings, RH/KW. All Agree |
| |
| |
RULE MATTER |
|
| Item 83. |
Docket No. 2002-0022-RUL. Consideration for publication of proposed new 30
TAC Ch. 214, Secondary Containment Requirements for Underground Storage Tank
Systems Located Over Certain Aquifers, including the following new sections: |
|
|
Section 214.1 - Purpose |
|
Section 214.2 - Definitions |
|
Section 214.3 - Applicability |
|
|
Proposed new Ch. 214 would address the requirements in House Bill 2912, Article 13,
Section 13.01 and Article 18, Section 18.13, 77th Legislature, 2001, by creating new
Ch. 214 that establishes the requirements for secondary containment for underground
storage tank systems located over only the outcrop of the Edwards (Balcones Fault
Zone) and Trinity aquifers in northern Bexar and Comal Counties. (Michael
Bame/Snehal R. Patel/Anton Rozsypal) (Rule Log No. 2001-100-214-WS) |
|
| Approve publication with changes as requested by staff, RH/RM. All Agree |
|
|
EXECUTIVE SESSIONS |
|
| Item 84. |
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, Ch. 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, Ch. 551 of the Government Code. |
|
| No Action Taken |
|
| Item 85. |
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
Ch. 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, Ch. 551 of the
Government Code. |
|
| No Action Taken |
|
| Item 86. |
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 Ch. 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, Ch. 551 of the
Government Code. |
| |
| No Action Taken |
| |
|
(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC
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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 THE CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK
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ARRANGEMENTS CAN BE MADE.) REGISTRATION FOR AGENDA
STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN
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MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM. |