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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

- Commissioners Agenda Meeting -

Wednesday, January 15, 2014
9:30 a.m. CT

TCEQ Room 201S, Bldg E
12100 Park 35 Circle
Austin, TX


Intr. Chairman Shaw introduces Commissioner Zak Covar

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1. HEARING REQUEST/REQUEST FOR RECONSIDERATION

1. Docket No. 2013-1036-MWD.
Consideration of the application by New Way Land Development, LLC for a new permit, Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0015058001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility will be located at the intersection of Interstate Highway 35 and Ranch Road 3408 in La Salle 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. (Stefanie Skogen, David Akoma)

Item Remanded


2. EMERGENCY ORDERS

2. Docket No. 2013-2211-UCR.
Consideration of a request filed on January 6, 2014, by La Villa Independent School District ("La Villa ISD") for the issuance of an emergency order to compel the City of La Villa ("City") to provide continuous and adequate water and sewer service in Hidalgo County, Texas, pursuant to Texas Water Code Section 13.041(d) and Title 30, Section 291.14(a) of the Texas Administrative Code. La Villa ISD is the governing board of an independent school district and political subdivision of the State of Texas, having its principal offices in Hidalgo County, Texas. La Villa ISD's address is 500 East 9'h Street, La Villa, Texas. The City provides water service to La Villa ISD. La Villa ISD's allegedly affected facilities encompass an early college high school, alternative high school, middle school and elementary school located in the City. La Villa ISD alleges that, on or about December 10, 2013, the City issued a letter that included a 10 day disconnection notice effective on December 20, 2013, by 5:00 pm, unless the payment of an alleged outstanding balance of $57,212.69 was submitted. La Villa ISD alleges that the City terminated water and sewer service to La Villa ISD's facilities on or before December 25, 2013. La Villa ISD's request seeks an emergency order, with or without a hearing, that immediately compels the City to provide and restore water and sewer service to La Villa ISD and restrains the City from directly or indirectly terminating water and sewer service to the various schools of La Villa ISD for a period of at least 90 days and until further order of the Commission. La Villa filed a previous emergency order request with the Commission on December 17, 2013; which the Commission considered at an emergency agenda on December 20, 2013. The Commission determined to take no action on La Villa ISD's request at the emergency agenda.


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3. Docket No. 2013-2150-UCR-E.
Consideration of whether to affirm, modify, or set aside the Emergency Order issued on December 5, 2013 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code chs. 5 and 13, Tex. Health & Safety Code ch. 341, and the rules of the Texas Commission on Environmental Quality, to address the abandonment of a retail public utility (Utility) by Mostafa A. Soliman and Nawal Soliman d/b/a Willowbrook Subdivision in Waller County; TCEQ ID No. RN101256121; CCN12568; to ensure continued operation of the Utility and to provide continuous and adequate service to the customers. The Emergency Order appointed Ray Young as temporary manager of the Utility. (Joel Cordero)


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4. DISTRICT MATTERS

4. Docket No. 2013-1323-DIS.
Consideration of an application by Fort Bend County Municipal Utility District No. 25 for dissolution of Fort Bend County Municipal Utility District No. 51 ("District") pursuant to Texas Water Code Sections 49.321 to 49.327 and 30 Texas Administrative Code Sections 293.131 to 293.136. The District is comprised of approximately 261.654 acres of land in Fort Bend County, Texas. (Beatriz Flores, Robert Brush)


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5. Docket No. 2013-1052-DIS.
Consideration of an application from the Board of Directors of the Fort Bend County Water Control and Improvement District No. 3 ("District") for the conversion of the District to a Municipal Utility District, pursuant to the TexasWater Code, Chapters 49 and 54, and 30 Texas Administrative Code Section 293.15. The District is comprised of approximately 383.10 acres of land in Fort Bend County, Texas. (Kayla Murray, Ren Berra)


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6. GENERAL PERMIT

6. Docket No. 2013-1989-MIS.
Consideration of the adoption of the renewal, with amendment, of the Texas Pollutant Discharge Elimination System (TPDES) general permit number TXG530000, authorizing the discharge of wastewater from on-site treatment systems connected to single family residences located in Harris County, Texas. Public notice of the proposed draft permit was published in the September 27, 2013 issue of the Texas Register (38 TexReg 6725). (Laurie Fleet, Kathy Humphreys) (Non-Rule Project No. 2013-032-OTH-NR)


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7. TMDL MATTERS

7. Docket No. 2013-0853-TML.
Consideration for final approval of a an Implementation Plan for Eight Total Maximum Daily Loads for Indicator Bacteria in Dickinson Bayou and Three Tidal Tributaries (Segments 1103, 1103A, 1103B, 1103C, and 1104) in Galveston County. (Ron Stein, Robert Brush) Project No. 2013-026-TML-NR


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8. Docket No. 2013-0852-TML.
Consideration for final approval of an Implementation Plan for Two Total Maximum Daily Loads for Dissolved Oxygen and One Total Maximum Daily Load for Bacteria in Upper Oyster Creek. (Ronald Stein, Robert Brush) Project No. 2013-005-TML-NR


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9. MISCELLANEOUS MATTERS

9. Docket No. 2013-2132-MIS.
Consideration of material changes to contracts for goods and services awarded under Chapter 2155 of the Texas Government Code executed during the previous quarter. (Elizabeth West)


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10. Docket No. 2013-2131-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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Enf. ENFORCEMENT DOCKET

Comments and Commission discussion of Item #16
See complete Enforcement Docket agenda at the following link (#11-44, pages 3-10).




http://www.tceq.texas.gov/assets/public/comm_exec/agendas/comm/current/2014/140115.pdf

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45. RULE MATTERS

45. Docket No. 2013-0457-RUL.
Consideration for adoption of amended Section 111.211 of 30 TAC Chapter 111, Control of Air Pollution from Visible Emissions and Particulate Matter; and corresponding revisions to the state implementation plan. The rulemaking adds prescribed burning for wildfire hazard mitigation as an exception to the state's outdoor burning prohibition. This rulemaking is a follow-up to a petition filed by the Texas Prescribed Burning Board and proposed by the commission on July 26, 2013. The proposed rule was published in the August 16, 2013, issue of the Texas Register (38 TexReg 5223). (Joe Janecka, Becky Petty) (Rule Project No. 2013-023-111-CE)


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46. Docket No. 2013-1390-RUL.
Consideration for publication of, and hearing on, proposed amendments to Sections 330.7, 330.671, 330.673, and 330.675 of 30 TAC Chapter 330, Municipal Solid Waste; and the proposed repeal of Sections 339.1 - 339.3 of 30 TAC Chapter 339, Groundwater Protection Recommendation Letters and Fees. The proposed rulemaking would implement House Bill (HB) 7, 83rd Legislature, 2013, Regular Session, relating to the reduction in the municipal solid waste disposal fees paid to the commission and revisions in the waste disposal fee exemption and credit for material diverted from disposal and processed into compost or mulch. The proposed rulemaking would also implement Senate Bill 819, 83rd Legislature, 2013, Regular Session, relating to the increase in the population limit, from 10,000 to 12,000 people, for counties or municipalities seeking authorization under a permit by rule to dispose of demolition waste from abandoned or nuisance buildings. The proposed rulemaking would also implement HB 2694, Article 2, 82nd Legislature, 2011, Regular Session, relating to the transfer from the Texas Commission on Environmental Quality to the Railroad Commission of Texas of duties pertaining to the protection of groundwater resources from oil and gas associated activities by repealing commission rules pertaining to the issuance of groundwater protection recommendation letters. (Charlyne Fritz, Steven Shepherd) (Rule Project No. 2013-050-330-WS)


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47. EXECUTIVE MEETING

47. Docket No. 2014-0001-EXE.The Commission will conduct a closed meeting to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director and General Counsel, 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 meeting to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.

48. Docket No. 2014-0002-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 meeting to take action on 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.

49. Docket No. 2014-0003-EXE.The Commission will conduct a closed meeting 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 meeting to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.

Richard A. Hyde, P.E., Named as TCEQ Executive Director


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