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 1 . Docket No. 2002-1304-IWD. Consideration of Permit Application No. 04306,
submitted by CHAMPION TECHNOLOGIES, INC. for a new permit, proposed
Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04306, to
authorize the discharge of cooling tower blowdown, storm water run-off, and
previously monitored effluent (boiler blowdown) at a daily average dry weather flow
not to exceed 4400 gallons per day via Outfall 001. The applicant operates an organic
chemicals manufacturing plant. The plant site is located at 3130 Farm-to-Market
Road 521, approximately 2.25 miles north of the intersection of Farm-to-Market Road
521 and State Highway 6, in the City of Fresno, Fort Bend 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/Chris
Linendoll)
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2 . Docket No. 2002-1389-MWD. Request for an Order Authorizing Commencement of
Construction by City of Cleveland in San Jacinto County, Permit No. 10766-002.
The City of Cleveland requests an Order authorizing it to commence construction of a
proposed 3.4 million gallon equalization pond at its existing wastewater treatment
facility under Chapter 26 of the Texas Water Code before the issuance of its permit in
order to avoid possible shutdown of the treatment facility and the threat of illegal
discharges; such an order would allow the applicant to construct the wastewater
treatment facility before Commission consideration of its application for a wastewater
discharge permit but would not authorize operation of the new construction.
(Christopher Brown and Kent Trede)
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3 . Docket No. 2001-0443-AGR-E. Consideration of an Agreed Order assessing
administrative penalties against and requiring certain actions of Klaas Talsma dba
Klaas Talsma Dairy in Erath County; TCEQ Water Quality Permit No. 03145; for
water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the
rules of the Texas Commission on Environmental Quality. (Robin Chapman)
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4 . Docket No. 2002-0740-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against BP America Production Company in Yoakum
County; Air Account No. YA-0050-L and Title V Federal Operating Permit No.
O-00549; 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. (Gary Shipp, Steven Lopez)
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5 . Docket No. 2002-0233-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Duininck Brothers, Inc. in Wilbarger County; Air
Account No. 91-6878-P; 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. (Carolyn Easley, Steven Lopez)
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6 . Docket No. 2002-0200-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Ysleta del Sur Pueblo in El Paso County; Air
Account No. EE-2253-V; 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. (David Van Soest, Steven Lopez)
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7 . Docket No. 2000-1011-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against and requiring certain actions of Maxim Production
Co., Inc. in Wharton County; TCEQ ID No. WF-0111-S; for air quality violations
pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety Code, chs. 7
and 26 of the Tex. Water Code, and the rules of the Texas Commission on
Environmental Quality. (Robert Hernandez, Robin Chapman)
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8 . Docket No. 2002-0356-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ticona Polymers, Inc., in
Nueces County; TCEQ Air Account No.:NE-0022-I; for air quality violations
pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7
of the Tex. Water Code, and the rules of the Texas Commission on Environmental
Quality. (Robin Chapman)
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9 . Docket No. 2002-0440-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against E.I. Du Pont de Nemours and Company, Inc. in
Orange County; TCEQ Air Account No. OC-0007-J; for air quality violations
pursuant to ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code,
and the rules of the Texas Commission on Environmental Quality. (Rebecca Nash
Petty, Robin Chapman)
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10 . Docket No. 2002-0491-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against El Paso Field Services, L.P. in Brazoria County;
Air Account No. BL-0265-H; 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. (Trina Grieco, Steven Lopez)
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11 . Docket No. 1999-1045-IHW-E. Consideration of an Amended Agreed Order
requiring certain actions of General Cable Industries, Incorporated in Collin
County; TCEQ SWR ID No. 30403; for industrial and hazardous waste violations
pursuant to the Texas Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety
Code, chs. 7 and 26 of the Tex. Water Code, and the rules of the Texas Commission
on Environmental Quality. (Lisa Lemanczyk, Robin Chapman)
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12 . Docket No. 1995-0884-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Engine Components, Inc.,
Electro-Coatings, Inc., and Advanced Graphics Technologies, Inc. in Tarrant
County; TCEQ SWR ID No. 30346; for solid waste and water quality violations
pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and
the rules of the Texas Commission on Environmental Quality. (Richard O'Connell,
Robin Chapman)
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13 . Docket No. 2001-1559-IWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of The Wonder Company in
Polk County; Texas Pollutant Discharge Elimination System Permit No. 02901; for
water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of
the Texas Commission on Environmental Quality. (Laura Clark, Steven Lopez)
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14 . Docket No. 2001-1252-IWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Shezy Enterprises, Inc. dba
Fina Truck Stop in Hunt County; Texas Pollutant Discharge Elimination System
Permit No. 11721-001; for water quality violations pursuant to Tex. Water Code chs.
7 and 26 and the rules of the Texas Commission on Environmental Quality. (Cheryl
Thompson, Steven Lopez)
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15 . Docket No. 2002-0383-MSW-E. Consideration of an Agreed Order assessing
administrative penalties against Antonio Castillo dba A. Castillo & Sons Dump
Trucking in Jim Hogg County; TCEQ ID No. HAW001; for municipal solid waste
violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and
the rules of the Texas Commission on Environmental Quality. (Jaime Garza, Steven
Lopez)
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16 . Docket No. 2002-0616-PST-E. Consideration of an Agreed Order assessing
administrative penalties against C & C Country Store, Inc. in Wood County;
Petroleum Storage Tank Facility ID No. 3010; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Carolyn V. Lind, Steven Lopez)
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17 . Docket No. 2002-0393-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Petro-Chemical Transport, Inc. in Parker County;
TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality.
(John Barry, Steven Lopez)
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18 . Docket No. 2002-0710-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Universal Transport, Inc. in Tarrant and Dallas
Counties; TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental
Quality. (Wendy Cooper, Steven Lopez)
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19 . Docket No. 2002-0642-PST-E. Consideration of an Agreed Order assessing
administrative penalties of Geenia, Inc. dba Shepherd Food Mart in Bexar County;
TCEQ PST ID No. 69351; for petroleum storage tank violations pursuant to chs. 7 and
26 of the Tex. Water Code and the rules of the Texas Commission on Environmental
Quality. (John Sumner, Robin Chapman)
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20 . Docket No. 2001-0027-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Ocean Petroleum, Inc., in Galveston County;
TCEQ PST ID No. 0070034; for petroleum storage tank violations pursuant to ch. 7 of
the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the
Texas Commission on Environmental Quality. (Troy Nelson, Robin Chapman)
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21 . Docket No. 2001-0930-PST-E. Consideration of a Agreed Order assessing
administrative penalties against NKJ Enterprise, Inc. dba NK Texaco in Harris
County; TCEQ PST Facility ID No. 0072334; for petroleum storage tank violations
pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas
Commission on Environmental Quality. (Laurencia Fasoyiro, Robin Chapman)
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22 . Docket No. 2002-0012-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Murphy Resources
Incorporated dba Texaco C-Mart in Tarrant County; TCEQ PST Facility ID No.
73239; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex.
Water Code and the rules of the Texas Commission on Environmental Quality.
(Robert Hernandez, Robin Chapman)
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23 . Docket No. 2002-0602-PST-E. Consideration of an Agreed Order
assessing administrative penalties against Southwest Canners of Texas, Inc.
and Ryder Truck Rental, Inc. in Nacogdoches County; Petroleum
Storage Tank Facility No. 0010079; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (John Barry, Steven Lopez)
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24 . Docket No. 2002-0681-PST-E. Consideration of an Agreed Order assessing
administrative penalties against C.P. Transport, Inc. in Harris County; TCEQ ID
No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7
and 26 and the rules of the Texas Commission on Environmental Quality. (Trina
Grieco, Steven Lopez)
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25 . Docket No. 2002-0706-PST-E. Consideration of an Agreed Order assessing
administrative penalties against HMA Mesquite Hospital, Inc. dba The Medical
Center of Mesquite in Dallas County; Petroleum Storage Tank Facility ID No.
0071243; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7
and 26 and the rules of the Texas Commission on Environmental Quality. (Wendy
Cooper, Steven Lopez)
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26 . Docket No. 2002-0424-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Mikeska Gin & Grain Company in Concho
County; Petroleum Storage Tank Facility ID No. 4107; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Gary Shipp, Steven Lopez)
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27 . Docket No. 2002-0536-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Parkway Utility District in
Harris County; Public Water Supply No. 1010750; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch 341 and the rules of the Texas
Commission on Environmental Quality. (Catherine Albrecht, Steven Lopez)
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28 . Docket No. 2001-0688-MLM-E. Consideration of whether to Modify, Affirm, or Set
Aside an Emergency Order issued on November 19, 2002 by the Executive Director of
the Texas Commission on Environmental Quality pursuant to Tex. Water Code
sections 5.501(c)(1), 5.507, and 13.4132 to address the abandonment of a retail public
utility (Utility) by Walter F. Duvall dba Plaza Water Utility, at Plaza Trailer Park
located at the intersection of East Avenue H and Mequite in Nolanville, in Bell
County; TCEQ PWS No. 0140167; to ensure continued operation of the Utility; and
to provide continuous and adequate service to customers. The Emergency Order
appointed Bret Fenner as temporary manager of the Utility. (Gitanjali Yadav)
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29 . Docket No. 2002-0980-PWS-E. Consideration of whether to renew an Emergency
Order concerning Robert Jon Leiman and QMS Environmental Corporation
issued by the Executive Director of the Texas Commission on Environmental Quality
on July 26, 2002 and affirmed by the Commission on August 21, 2002 pursuant to
Tex. Water Code sections 5.501, 5.504, 5.507, 5.511, and 13.4132, Tex. Health &
Safety Code section 361.272, and the rules of the Texas Commission on
Environmental Quality. The order would renew the appointment of Jessie Woods
(Mr. Woods) to act as the temporary manager of the Sunilandings Subdivision public
water system and wastewater treatment plant located south of the intersection of the
County Road 306 and Dolphin Drive and approximately 5,000 feet southeast of the
intersection of State Highway 172 and State Highway Spur 159 in Calhoun County;
TCEQ ID Nos. WQ 12653-001 (Expired), CCN No. 12525, and PWS No. 0290056.
(Lisa Lemanczyk)
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30 . Docket No. 2002-1342-PWS-E. Consideration of whether to Modify, Affirm, or Set
Aside an Emergency Order issued on December 19, 2002 by the Executive Director of
the Texas Commission on Environmental Quality pursuant to Tex. Water Code
Sections 5.501(c)(1) and 13.4132, 30 Tex. Admin. Code Sections 35.201 and
291.143(a) and chs. 288 and 290, and Texas Health & Safety Code ch. 341 to address
the abandonment of a retail public utility (Utility) by Patrick Milliken dba P & M
Service Company and Michael Privett dba P & M Service Company, in Denton
County, to ensure continued operation of the Utility, and to provide continuous and
adequate service to customers. The Emergency Order appointed George Oberdorf as
temporary manager of the Utility. (Rebecca Nash Petty, Robin Chapman)
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31 . Docket No. 2002-1070-RUL. Consideration for adoption of an amendment to 30
TAC Chapter 290, Public Drinking Water, Section 290.45, Minimum Water System
Capacity Requirements.
The amendment would clean up formatting and sentence structure; more explicitly state the conditions
under which the executive director can establish capacity operating levels higher than the minimum
requirements expressed in the rule, including repeated customer complaints regarding inadequate
pressure or requests for a capacity evaluation from customers of the system; clarify minimum water
system capacity requirements for wholesale water suppliers who also supply retail connections; clarify
public water system and wholesaler responsibilities for meeting production requirements; specify the
process for a public water system to request an alternative capacity requirement; specify exactly how
an alternative capacity requirement is to be determined; and specify the process for review and
revocation or revision of an alternative capacity requirement by the executive director. The proposed
amendment was published in the October 4, 2002 issue of the Texas Register (27 TexReg 9276).
(Todd Burkey, James Pope, Kathy Ramirez) (Rule Log No. 2002-049-290-WT)
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32 . Docket No. 2002-1029-RUL. Consideration of the adoption of the following new
and amended sections of 30 TAC Chapter 37, Financial Assurance, Section 37.11;
Chapter 39, Public Notice, Sections 39.420 and 39.801 - 39.810; Chapter 55, Request
for Reconsideration and Contested Case Hearings; Public Comment, Section 55.156;
Chapter 80, Contested Case Hearings, Section 80.109; Chapter 305, Consolidated
Permits, Sections 305.2, 305.41 - 305.44, 305.47, 305.49, and 305.50; and Chapter
335, Industrial Solid Waste and Municipal Hazardous Waste, Sections 335.1, 335.2,
335.7, 335.111, 335.112, 335.116, 335.118, 335.119, 335.151, 335.152, 335.156,
335.167, and 335.179.
These new and amended sections will address the requirements of House Bill 2912, Article 5,
Section 5.06 and Article 9, Section 9.07, 77th Texas Legislature, 2001, by amending Chapter 37 by
adding the definition of post-closure order; Chapter 39 by adding a new Subchapter N for
post-closure orders; Chapter 55 to identify the subsections that apply to a post-closure order;
Chapter 80 to clarify who can request a hearing on a post-closure order; Chapter 305 to provide for
streamlined applications specific to post-closure orders and post-closure permits; and Chapter 335
by adopting certain requirements of the United States Environmental Protection Agency amendments
to 40 Code of Federal Regulations Parts 264, 265, 270, and 271 as published in the October 22,
1998 issue of the Federal Register (63 FR 56509). The proposed rules were published for
comment in the September 27, 2002 issue of the Texas Register (27 TexReg 9087, 9089, 9096,
9098, 9108, and 9115) (Michael Bame, Geof Meyer, Amerin Francis-Whisnant) (Rule Log No.
2000-048-335-WS)
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33 . Docket No. 2000-0735-RUL. Consideration of the adoption of the following
amended sections of 30 TAC Chapter 335, Industrial Solid Waste and Municipal
Hazardous Waste.
Section 335.471 - Definitions
Section 335.472 - Pollutants and Contaminants
Section 335.473 - Applicability
Section 335.474 - Source Reduction and Waste Minimization Plans
Section 335.475 - Implementation Dates
Section 335.476 - Reports and Recordkeeping
Section 335.477 - Exemptions
Section 335.478 - Administrative Completeness
Section 335.479 - Enforcement
Section 335.480 - Confidentiality
These amended sections would improve the readability of the rules; make the rules more current; and
simplify the rules to make facility compliance, program administration, and pollution prevention more
attainable. The proposed rules were published for comment in the October 25, 2002 issue of the
Texas Register (27 TexReg 9946). (Michael Bame, Bob Brush, Grace Hsieh) (Rule Log No.
2000-022-335-WS)
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34 . 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.
35 . 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.
36 . 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.
37 . Docket No. 2002-1342-PWS-E. Consideration of whether to Modify, Affirm, or Set
Aside an Emergency Order issued on December 19, 2002 by the Executive Director of
the Texas Commission on Environmental Quality pursuant to Tex. Water Code
Sections 5.501(c)(1) and 13.4132, 30 Tex. Admin. Code Sections 35.201 and
291.143(a) and chs. 288 and 290, and Texas Health & Safety Code ch. 341 to address
the abandonment of a retail public utility (Utility) by Patrick Milliken dba P & M
Service Company and Michael Privett dba P & M Service Company, TCEQ PWS
ID No. 0610070, in Denton County, to ensure continued operation of the Utility, and
to provide continuous and adequate service to customers. The Emergency Order
appointed George Oberdorf as temporary manager of the Utility. (Rebecca Nash Petty,
Robin Chapman)
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38 . Docket No. 2002-1312-IHW. Consideration of the Motion for Reconsideration of
Renewal of Bayer Corporation's Permit No. HW-50173 and Compliance Plan No.
CP-50173 filed by Bayer Corporation requesting reconsideration of the renewed
permit and compliance plan regarding its hazardous waste facility located about
one-half mile south of the intersection of FM 565 and West Bay Road near the City of
Baytown in Chambers County.
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39 . Docket No. 2000-0202-MWD-E; SOAH Docket No. 582-02-1978. Consideration
of the Administrative Law Judge's Proposal for Decision and Order regarding the
alleged enforcement action against WRE Utilities, Inc. for repeatedly violating
several provisions of the Commission's rules pertaining to monitoring and reporting
and failure to comply with operations and maintenance requirements necessary to
comply with it water quality discharge permit. The respondent owns and/or operates a
wastewater treatment plant located at LaSalle Drive and State Highway 105, Houston,
Harris County, Texas.
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40 . Docket No. 2000-0586-MLM-E; SOAH Docket No. 582-02-0389. Consideration of
the Administrative Law Judge's Proposal for Decision and Order regarding the
alleged enforcement action against the National Oil Recovery Corporation
(NORCO). The Executive Director alleges that NORCO committed ten violations of
the Texas Water Code, Texas Health and Safety Code, and the rules and regulations of
the Commission relating to a hazardous material spill at a refinery owned by NORCO.
The facility is located at the Intersection of Farm-to-Market Road 2725 and Bishop
Road, Ingleside, San Patricio County, Texas.
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