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 1 . OLD BUSINESS Items 1 thru 3
Item continued from October 23, 2002 and November 6, 2002 agendas
Docket No. 2002-0703-UCR. Consideration of an application by Gunter Rural
Water Supply Corporation to convert to a special utility district operating under
Texas Water Code Chapters 49 and 65. The proposed district will include 132.4
square miles of territory located in Collin and Grayson Counties, Texas. The
Commission will also consider hearing requests and related responses and replies.
Internal Control No. 11052001-D03 (John Deering/Fred Radloff)
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2 . Item continued from November 6, 2002 agenda.
Docket No. 2002-0401-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Harlingen Consolidated
Independent School District in Cameron County; Petroleum Storage Tank Facility
No. 54006; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7
and 26 and the rules of the Texas Commission on Environmental Quality. (Sandra
Hernandez Alanis, Kent Heath)
3 . Item continued from November 20, 2002 agenda
Docket No. 2002-1207-AIR. Consideration of application by Trinity Materials, Inc.
for new Air Quality Permit Number 49469 to authorize the use of a portable rock
crusher at an existing sand and gravel operation. The proposed crushing operation is
located at 5050 Reed Lake, near Little River-Academy, Bell 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. (Mike Gould/John Minter)
4 . Docket No. 2001-1522-AGR-E. Consideration of a Default Order assessing
administrative penalties against Bauke Mulder dba B & A Dairy in Hamilton
County; TCEQ Water Quality Permit No. 04108; 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. (Alfred Okpohworho, Rich O'Connell )
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5 . Docket No. 2002-0303-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Containment Solutions, Inc. in Montgomery
County; Air Account No. MQ-0014-M; 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. (Catherine Albrecht, Tom Jecha)
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6 . Docket No. 2002-0717-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Guardian Industries Corporation in Navarro
County; Air Account No. NB-0014-R; for air quality violations pursuant to Tex.
Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Commission on Environmental Quality. (Suzanne Walrath, Tom Jecha)
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7 . Docket No. 2002-0623-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against HEC Petroleum, Incorporated in Chambers
County; Air Account No. CI-0100-F; 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. (Sheila Smith, Tom Jecha)
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8 . Docket No. 2002-0470-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Global Octanes Texas, L.P. in Harris County; Air
Account No. HG-3604-D; for air quality violations pursuant to Tex. Health & Safety
Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on
Environmental Quality. (Sheila Smith, Tom Jecha)
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9 . Docket No. 2001-0496-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Jim Stinnett in El Paso County; TCEQ Air Account
EE-0812-T 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. (Robert Hernandez, Rich O'Connell)
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10 . Docket No. 2002-0477-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Tandem Energy Corporation in Harris County;
Air Account No. HG-0230-U; for air quality violations pursuant to Tex. Health &
Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission
on Environmental Quality. (Rebecca Johnson, Tom Jecha)
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11 . Docket No. 2002-0432-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties against Bryan Jamail in Travis County; Edwards Aquifer
Protection Program No. 01081702; for water quality violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality.
(Lawrence King, Tom Jecha)
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12 . Docket No. 2002-0433-IHW-E. Consideration of an Agreed Order requiring certain
actions of Williams Terminals Holdings, L.P. in Harris County; TCEQ SWR ID
No. 31386; 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. (Rich O'Connell)
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13 . Docket No. 2002-0420-IWD-E. Consideration of an Agreed Order assessing
administrative penalties against VF Jeanswear, LP in El Paso County;
Environmental Protection Agency ID No. TX0001010859; for water quality violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Terry McMillan, Tom Jecha)
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14 . Docket No. 2002-0427-MLM-E. Consideration of an Agreed Order assessing
administrative penalties against Kendall County in Kendall County; Petroleum
Storage Tank Facility ID No. 43190; for petroleum storage tank and municipal solid
waste violations pursuant to Tex. Health & Safety Code ch. 371, Tex. Water Code
chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality.
(Rebecca Clausewitz, Tom Jecha)
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15 . Docket No. 2001-1470-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Cargill, Incorporated in
Harris County; Texas Pollutant Discharge Elimination System Permit No.
12231-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26
and the rules of the Texas Commission on Environmental Quality. (Pamela Campbell,
Tom Jecha)
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16 . Docket No. 2001-1552-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Krum in Denton
County; Texas Pollutant Discharge Elimination System Permit No. 10729-001; for
water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of
the Texas Commission on Environmental Quality. (Wendy Cooper, Tom Jecha)
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17 . Docket No. 2001-1118-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Georgetown in
Williamson County; Texas Pollutant Discharge Elimination System Permit No.
10489-002; for water quality violations pursuant to Tex. Water Code chs. 7 and 26
and the rules of the Texas Commission on Environmental Quality. (Bradley Brock,
Tom Jecha)
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18 . Docket No. 2001-1554-OSI-E. Consideration of an Agreed Order assessing
administrative penalties against David W. Black in Taylor County; On-Site Sewage
Facility Installer No. OS3798; for certification violations pursuant to Tex. Health &
Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission
on Environmental Quality. (Laurie Eaves, Tom Jecha)
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19 . Docket No. 2002-0212-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of ANA, Inc. dba C & M
Grocery in Brazoria County; Petroleum Storage Tank Facility ID No. 0057253; 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, Tom Jecha)
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20 . Docket No. 2002-0076-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Kirby & Kirby Oil Company, Inc. in Smith
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. (Carolyn Lind, Tom Jecha)
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21 . Docket No. 2002-0007-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Dan Griffin dba Griffin Oil Company in
Schleicher 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. (Mark Newman, Tom Jecha)
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22 . Docket No. 2002-0132-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Gonzalez Health-Care Systems, Inc. dba Memorial
Hospital in Gonzales County; Petroleum Storage Tank Facility ID No. 66529; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Commission on Environmental Quality. (Edward R. Moderow,
Tom Jecha)
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23 . Docket No. 2002-0317-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Andrews Transport, Inc. in Jefferson 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.
(Laura Clark, Tom Jecha)
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24 . Docket No. 2002-0275-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Kirby G. Black dba Western Hills Mini Mart in
Nacogdoches County; Petroleum Storage Tank Facility No. 0053898; 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, Tom Jecha)
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25 . Docket No. 2001-1305-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of One Genesis, Inc. dba
Lucky Way Food Store in Harris County; Petroleum Storage Tank Facility ID No.
0035680; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7
and 26 and the rules of the Texas Commission on Environmental Quality. (Catherine
Albrecht, Tom Jecha)
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26 . Docket No. 2002-0439-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Ki Won Nam dba KJ Shell in Collin County;
Petroleum Storage Tank Facility ID No. 51502; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Sandy VanCleave, Tom Jecha)
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27 . Docket No. 2002-0512-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Gantt Aviation Inc. in Williamson County;
Petroleum Storage Tank Facility ID No. 0014026; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (A. Sunday Udoetok, Tom Jecha)
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28 . Docket No. 2002-0194-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Schmidt & Sons, Inc., in Gonzales County; TCEQ
Id No.: None; 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. (
Robin Chapman, Rich O'Connell )
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29 . Docket No. 2002-0370-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Chang Yong Im dba Times Market #11 in Nueces
County; Petroleum Storage Tank Facility ID No. 18034; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Edward R. Moderow, Tom Jecha)
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30 . Docket No. 2002-0244-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Roy and Mary Apperson dba Roy and Mary's
Grocery and Debra Wilburn in Orange County; Petroleum Storage Tank Facility
No. 0008053; for petroleum storage tank violations pursuant to 30 Tex. Admin. Code
chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality.
(Susan Kelly, Tom Jecha)
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31 . Docket No. 2001-1452-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Glamour Food Mart, Inc.
dba Texas Wawa Food Mart in Harris County; Petroleum Storage Tank Facility ID
No. 0028584; for petroleum storage tank violations pursuant to Tex. Water Code chs.
7 and 26 and the rules of the Texas Commission on Environmental Quality. (Rebecca
A. Johnson, Tom Jecha)
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32 . Docket No. 2002-0509-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Patsy Tobias dba Kwik Stop in Falls County;
Petroleum Storage Tank Facility ID No. 48402; 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 Schildwachter, Tom Jecha)
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33 . Docket No. 2002-0658-PST-E. Consideration of an Agreed Order assessing
administrative penalties against E-Z International Inc. dba E-Z Mart #6 in
Montgomery County; Petroleum Storage Tank Facility ID No. 0038845; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Commission on Environmental Quality. (Rebecca Johnson, Tom
Jecha)
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34 . Docket No. 2002-0422-PST-E. Consideration of an Agreed Order assessing
administrative penalties against C & R Distributing, Inc. in El Paso 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. (Kevin
Smith, Tom Jecha)
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35 . Docket No. 2001-1325-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Eftakhar Khan dba Papa
Joe's Food Mart & Deli in Trinity County; TCEQ PST ID No. 0056697; 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. (Lisa Lemanczyk,
Rich O'Connell)
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36 . Docket No. 2001-1438-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of George Foley, Sr. dba
Lakeline Acres Water Supply in Bosque County; Public Water Supply ID No.
0180025; for drinking water quality violations pursuant to Tex. Health & Safety Code
ch. 341 and the rules of the Texas Commission on Environmental Quality. (Frank
Burleson, Tom Jecha)
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37 . Docket No. 2001-0837-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Virginia Franklin-Mower
dba Franklin Estates South in Lubbock County; Public Water Supply ID No.
1520080; for drinking water quality violations pursuant to Tex. Health & Safety Code
ch. 341 and the rules of the Texas Commission on Environmental Quality. (Gary
Shipp, Tom Jecha)
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38 . Docket No. 2002-0078-SLG-E. Consideration of an Agreed Order assessing
administrative penalties against Wallace R. Layne dba Layne Septic Service in
Smith County; Sludge Transporter Registration No. 20612; 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 Commission on Environmental Quality. (Carolyn Lind,
Tom Jecha)
39 . Docket No. 2001-0688-MLM-E. Consideration of whether to Modify, Affirm, or
Set Aside an Emergency Order issued on November 18, 2002 by the Executive
Director of the Texas Commission on Environmental Quality pursuant to Tex. Water
Code ch. 5.501(c)(1) to address the abandonment of a retail public utility (Facility) by
Walter F. Duvall 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 Bret Fenner as temporary manager of the
Facility. (Gitanjali Yadav)
40 . Docket No. 2002-1275-MIS. Consideration of gifts and donations of $500.00 or
more in value given to the TCEQ, submitted for approval in accordance with Chapter
575 of the Government Code, concerning acceptance of gifts by certain state agencies.
[Elizabeth West]
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41 . Docket No. 2002-0727-RUL. Consideration for adoption of the following amended
and new sections of 30 TAC Chapter 39, Public Notice; and Chapter 331,
Underground Injection Control:
Amended:
Section 39.403 Applicability
Section 331.2 Definitions
Section 331.5 Prevention of Pollution
Section 331.7 Permit Required
Section 331.47 Pond Lining
Section 331.121 Class I Wells
Section 331.163 Well Construction Standards
New:
Section 331.17 Pre-Injection Units Registration
Section 331.18 Registration Application, Processing, Notice, Comment, Motion to
Overturn
The adoption would provide underground injection control standards and
requirements for permitted and registered pre-injection units associated with Class I
nonhazardous, noncommercial injection wells. The adoption includes a new
registration process and application, processing, notice, comment, and other
procedural requirements. The proposed Chapter 39 rule was published in the
September 6, 2002 issue of the Texas Register (27 TexReg 8411), and the
proposed Chapter 331 rules were published in the July 12, 2002 issue of the Texas
Register (27 TexReg 6227). (Devane Clarke, Richard Egan, Ray Austin) (Rule Log
No. 2000-055-331-WS)
42 . Docket No. 2002-1086-RUL. Consideration for adoption of amended Section 114.50
of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles;
corresponding revisions to the Texas Inspection and Maintenance (I/M) State
Implementation Plan (SIP); and discussion of related items.
These amendments to Chapter 114 and corresponding revisions to the Texas I/M
SIP would revise the El Paso I/M program to convert on-board diagnostic testing
from a requirement beginning January 1, 2003 to a contingency measure of the El
Paso ozone SIP in support of the maintenance of the national ambient air quality
standards. The proposed rules were published in the September 27, 2002 issue of
the Texas Register (27 TexReg 9101). (Bob Wierzowiecki, Kerri Rowland, Alan
Henderson) (Rule Log Number 2002-068-114-AI)
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43 . 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.
44 . 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.
45 . 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.
46 . TCEQ Docket No. 2002-0232-UCR; SOAH Docket No. 582-02-3110.
Consideration of the Administrative Law Judge's Proposal for Decision and Order
regarding a complaint from North Collin Water Supply Corporation (Certificate of
Convenience and Necessity (CCN) No. 11035) that the City of Melissa (CCN No.
11482) is illegally interfering with North Collin Water Supply Corporation's retail
water certificated area in Collin County.
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