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1 .

MORNING AGENDA - 9:30 a.m. (CDT)



OLD BUSINESS AGENDA





Continued from the April 27, 2005 and June 29, 2005 agendas.





Item 1. Docket No. 2005-0199-SLG. Consideration of the application by Magna-Flow International, Inc. for a new sludge permit, Permit Number WQ0004484000 to authorize the beneficial land application of sewage sludge and water treatment sludge on 127 acres. The permit will not authorize a discharge of pollutants into the water in the State. The land application site is located adjacent to and east of Taylor Lane, approximately one-fourth mile north of the intersection of Farm-to-Market Road 969 and Taylor Lane, 6.5 miles south of the City of Manor in Travis 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. (Robert Brush, Shanker Tangirala)



Continued to the September 14, 2005 agenda.






2 . REGULAR AGENDA





HEARING REQUEST(S) AND/OR REQUEST(S) FOR RECONSIDERATION





Item 1. Docket No. 2004-1997-WR. Consideration of an application by the Chocolate Bayou Water Company (Chocolate Bayou) to add a diversion point on the Brazos River in Waller County. Certificate of Adjudication No. 12-5322 authorizes Chocolate Bayou to divert and use from the Brazos River, Brazos River Basin, not to exceed 155,000 acre-feet of water per annum for municipal, agricultural, and industrial purposes within its service area in Fort Bend, Brazoria and Harris Counties. The Applicant seeks to amend the Certificate to add a diversion point on the Brazos River approximately 65 miles upstream from the currently authorized point (112 river miles). This diversion point would be located 6.4 miles bearing S 1.7 degrees W from the City of Hempstead in Waller County. The diversion point's location can also be described as Latitude 30.004 degrees N and Longitude 96.080 degrees W. Chocolate Bayou is not requesting an increase in the diversion amount, the diversion rate, or the place of use. The Commission will consider hearing requests, responses to the requests, and replies. (Ross Henderson, David Koinm)






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3 . Item 2. Docket No. 2005-0147-IWD. Consideration of the application by the City of Cactus for a major amendment to Permit No. WQ0003436000 to authorize the discontinuation of discharges to the Cactus Playa Lake; the revision of the method of disposal to land application via irrigation of 3,568 acres of crop land; the increase in the daily average flow volume from 2,545,000 gallons per day to an annual average flow of 3,260,000 gallons per day; the increase of the hydraulic application rate from 4.2 acrefeet/ acre/year to 4.8 acre-feet/acre/year; the removal of the daily maximum flow limitation; the revision of the biochemical oxygen demand (5-day) daily maximum effluent limitation to a monitoring requirement; the increase of the total suspended solids daily maximum effluent limitation from 65 mg/l to 100 mg/l; the removal of the 65 mg/l daily maximum biochemical oxygen demand (5-day) limitation on effluent used for irrigation; the removal of tailwater control requirements; the removal of effluent limitations for total chromium, total copper and ammonia nitrogen; and the use of irrigation areas within the 150 foot buffer zone from private water wells. The current permit authorizes the disposal of treated wastewater at a daily average flow not to exceed 2,545,000 gallons per day via irrigation. The proposed permit will not authorize a discharge of pollutants into water in the State. The facility and land application site are located approximately 2.0 miles north of the intersection of Farm-to-Market Road 281 and U.S. Highway 287 which is east of the City of Cactus, Moore 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. (Anthony Tatu, David Galindo)






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4 . ENFORCEMENT ORDERS - Items 3-72

AIR QUALITY ENFORCEMENT AGREED ORDERS



Item 3. Docket No. 2005-0054-AIR-E. Consideration of an Agreed Order assessing

administrative penalties against Chevron Phillips Chemical Company LP in Harris

County; Air Account No. HG0566H, RN102018322; 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, including specifically 30 Texas Administrative

Code ch. 60. (Rebecca Johnson, David Van Soest)

Item 4. Docket No. 2004-1724-AIR-E. Consideration of an Agreed Order assessing

administrative penalties against Degussa Engineered Carbons, L.P. in Hutchinson

County; Air Account No. HW0008S, RN100209659; 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, including specifically 30 Texas Administrative

Code ch. 60. (Ronnie Kramer, David Van Soest)

Item 5. Docket No. 2004-1947-AIR-E. Consideration of an Agreed Order assessing

administrative penalties against Petro Stopping Centers, L.P. dba Petro Stopping

Center 50 in El Paso County; Air Account No. EE1094B; RN102418142; 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, including

specifically 30 Texas Administrative Code ch. 60. (Sandra Anaya, David Van Soest)

Item 6. Docket No. 2003-1312-AIR-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of the City of Pampa in Gray

County; Air Account No. GH0055U, Regulated Entity ID No. RN100211416; 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, including

specifically 30 Texas Administrative Code ch. 60. (Thomas Greimel, David Van Soest)

Item 7. Docket No. 2002-0351-AIR-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of ConocoPhillips Company

Formerly Known As Phillips Petroleum Company in Hutchinson County; TCEQ ID

Nos. HW-0018-P and RN102495884; 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, including specifically 30 Tex. Admin. Code ch. 60. (Amie

Richardson, Jennifer Cook)

Item 8. Docket No. 2004-0227-AIR-E. Consideration of an Agreed Order assessing

administrative penalties against Enbridge Pipelines (NE Texas) L.P. in Hopkins

County; Air Account No. HR0001N, RN100226653; 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, including specifically 30 Texas Administrative

Code ch. 60. (Tel Croston, David Van Soest)

Item 9. Docket No. 2004-1412-AIR-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Greif, Inc. dba Greif Brothers

in Harris County; Air Account No. HG1221O; RN102079662; for air quality violations

pursuant to Tex. Health & Safety Code chs. 382 and 370, Tex. Water Code chs. 5 and

7, and the rules of the Texas Commission on Environmental Quality, including

specifically 30 Texas Administrative Code ch. 60. (Mauricio Olaya, David Van Soest)

Item 10. Docket No. 2004-0034-AIR-E. Consideration of an Agreed Order assessing

administrative penalties against Heel Rite of Texas, Inc. in El Paso County; TCEQ ID

Nos. EE2097L and RN103086864; 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, including specifically 30 Tex. Admin. Code ch. 60. (Gitanjali

Yadav, Jennifer Cook)



EDWARDS AQUIFER ENFORCEMENT AGREED ORDER

Item 11. Docket No. 2004-2024-EAQ-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Davis Net Lease No. 1, L.P. in

Comal County; RN104378567; for Edwards Aquifer violations pursuant to Tex. Water

Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality,

including specifically 30 Texas Administrative Code ch. 60. (Rebecca Clausewitz,

David Van Soest)



INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS

Item 12. Docket No. 2004-0359-IHW-E. Consideration of an Agreed Order assessing

administrative penalties against Evans Houston Corporation dba Sheldon Road

Drumming Plant in Harris County; Solid Waste Registration No. 32072; Regulated

Entity Reference No. RN101450005; for industrial & hazardous waste violations

pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7, and the rules

of the Texas Commission on Environmental Quality, including specifically 30 Texas

Administrative Code ch. 60. (Harvey Wilson, David Van Soest)

Item 13. Docket No. 2004-0867-IHW-E. Consideration of an Agreed Order assessing

administrative penalties against Shell Chemical LP in Harris County; Solid Waste

Registration No. 30007, RN100211879; for industrial & hazardous 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, including specifically 30 Texas

Administrative Code ch. 60. (Rebecca Johnson, David Van Soest)



MULTI-MEDIA MATTER ENFORCEMENT AGREED ORDERS

Item 14. Docket No. 2004-1598-MLM-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of MG Building Materials, Ltd.

in Bexar County; Solid Waste Registration No. 68403; EPA ID No. TXD057574097;

RN101623791; for industrial & hazardous waste and used oil violations pursuant to Tex.

Health & Safety Code chs. 361 and 371, Tex. Water Code ch. 7, and the rules of the

Texas Commission on Environmental Quality, including specifically 30 Texas

Administrative Code ch. 60. (Rebecca Clausewitz, David Van Soest)

Item 15. Docket No. 2004-0712-MLM-E. Consideration of an Agreed Order assessing

administrative penalties against Raul Perez dba RP Trucking Fuel Station in Kleberg

County; Regulated Entity Reference No. RN104001128; for air quality, water quality,

petroleum storage tank, 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

Commission on Environmental Quality, including specifically 30 Texas Administrative

Code ch. 60. (Suzanne Walrath, David Van Soest)

Item 16. Docket No. 2004-0117-MLM-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Tecon Water Company, L.P.

in Hays, Henderson and Hood Counties; Texas Pollution Discharge Elimination

System Permit No. 13879-001; Public Water Supply Nos. 1070106, 1110025, 1110004,

1110060, 1110003, 1110002, 1110044, 1110036, 1110022 and 1050028; RN102177458,

RN101376085, RN101376226, RN101380848, RN101379899, RN101377190,

RN101376648, RN101379006, RN101380079, RN101379832, RN100837905; for water

quality and drinking water quality violations pursuant to Tex. Water Code chs. 7 and 26,

Tex. Health & Safety Code ch. 341, and the rules of the Texas Commission on

Environmental Quality, including specifically 30 Texas Administrative Code ch. 60.

(Brian Lehmkuhle, David Van Soest)

Item 17. Docket No. 2003-1265-MLM-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Ticona Polymers, Inc. in

Nueces County; TCEQ ID Nos. NE-0022-I, 30084 and RN101625721; for air quality

and industrial and hazardous waste violations pursuant to Tex. Water Code ch. 7, Tex.

Health & Safety Code chs. 361 and 382, and the rules of the Texas Commission on

Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Rebecca

Nash Petty, Jennifer Cook)

Item 18. Docket No. 2003-0157-MLM-E. Consideration of an Agreed Order assessing

administrative penalties against BASF Corporation in Harris County; TCEQ ID Nos.

33849, HG-1249-P, and RN100225689; for air quality and industrial hazardous waste

violations pursuant to Tex. Water Code ch. 7, Tex. Health & Safety Code chs. 361 and

382, and the rules of the Texas Commission on Environmental Quality, including

specifically 30 Tex. Admin. Code ch. 60. (Amie Richardson, Jennifer Cook)

Item 19. Docket No. 2004-1848-MLM-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of W W Cattle Feeds, Inc. dba

W W Cattle Feeds in Parker County; Compost Facility Notification No. 47026;

RN100756931; for industrial & hazardous waste and 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, including specifically 30 Texas

Administrative Code ch. 60. (Jaime Garza, David Van Soest)

MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER

Item 20. Docket No. 2005-0100-MSW-E. Consideration of an Agreed Order assessing

administrative penalties against Hank's Roll-Off & Waste Services, Inc. in Tarrant

County; RN102467347; 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, including specifically 30 Texas Administrative Code ch. 60.

(Elvia Maske, David Van Soest)



MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

Item 21. Docket No. 2003-0114-MWD-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Knox Oil of Texas, Inc. in Hill

County; Texas Pollutant Discharge Elimination System Permit No. 12945-001

(Expired); for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and

the rules of the Texas Commission on Environmental Quality, including specifically 30

Tex. Admin. Code ch. 60. (Pamela Campbell, David Van Soest)

Item 22. Docket No. 2004-1394-MWD-E. Consideration of an Agreed Order assessing

administrative penalties against New Ulm Water Supply Corporation in Austin

County; Texas Pollutant Discharge Elimination System Permit No. 0013655001,

Regulated Entity Reference No. RN103136826; for water quality violations pursuant to

Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental

Quality, including specifically 30 Texas Administrative Code ch. 60. (Sandy

VanCleave, David Van Soest)

Item 23. Docket No. 2003-1370-MWD-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Texas Department of

Transportation in Ellis County; Texas Pollutant Discharge Elimination System Permit

No. 11959-001, RN102076296; for water quality violations pursuant to Tex. Water Code

chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality,

including specifically 30 Texas Administrative Code ch. 60. (Harvey Wilson, David

Van Soest)

ON SITE SEWAGE FACILITY INSTALLER ENFORCEMENT AGREED ORDERS

Item 24. Docket No. 2004-2068-OSI-E. Consideration of an Agreed Order assessing

administrative penalties against Amanda R. Lowe in Hardin County; On-Site Sewage

Facility Installer License No. 0017965, RN103650982; for on-site sewage facility

violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and

the rules of the Texas Commission on Environmental Quality. (Pamela Campbell, David

Van Soest)

Item 25. Docket No. 2005-0208-OSI-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Stephen Mathews in Shelby

County; On-Site Sewage Facility Installer License No. OS0017966, RN103627303; 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. (J. Mac Vilas,

David Van Soest)

Item 26. Docket No. 2005-0009-OSI-E. Consideration of an Agreed Order assessing

administrative penalties against Henry Allen Norris Jr. in Jefferson and Orange

Counties; On-Site Sewage Facility Installer License No. OS0004141, RN103480000;

for on-site sewage facility violations pursuant to Tex. Health & Safety Code ch. 366,

Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental

Quality. Brandon Smith, David Van Soest)



PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS

Item 27. Docket No. 2004-2000-PST-E. Consideration of an Agreed Order assessing

administrative penalties against 2000 IIG Inc. dba Diamond Smart 2 in Harris

County; RN101801157, Petroleum Storage Tank Facility ID No. 39845; for petroleum

storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the

Texas Commission on Environmental Quality, including specifically 30 Texas

Administrative Code ch. 60. (Daniel Siringi, David Van Soest)

Item 28. Docket No. 2005-0263-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Allanco Corporation dba KP Food Mart 3 in Dallas

County; Petroleum Storage Tank Facility ID No. 61298, RN102377611; for petroleum

storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the

Texas Commission on Environmental Quality, including specifically 30 Texas

Administrative Code ch. 60. (Pamela Campbell, David Van Soest)

Item 29. Docket No. 2004-2063-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Zulfiqar Ali Mehar dba Brookeland Country Mart

in Sabine County; Petroleum Storage Tank Facility ID No. 8835; RN101783884; for

petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the

rules of the Texas Commission on Environmental Quality, including specifically 30

Texas Administrative Code ch. 60. (Daniel Siringi, David Van Soest)

Item 30. Docket No. 2004-1601-PST-E. Consideration of an Agreed Order assessing

administrative penalties against AQA Retails, Inc. dba Stop-N-Drive 1 in Brazoria

County; Petroleum Storage Tank Facility ID No. 27763; RN101738433; for petroleum

storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the

Texas Commission on Environmental Quality, including specifically 30 Texas

Administrative Code ch. 60. (Trina Grieco, David Van Soest)

Item 31. Docket No. 2004-1909-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Hung Phung dba H & H Discount in Potter County;

Petroleum Storage Tank Facility ID No. 7245; RN102227493; for petroleum storage

tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas

Commission on Environmental Quality, including specifically 30 Texas Administrative

Code ch. 60. (Melissa Keller, David Van Soest)

Item 32. Docket No. 2005-0189-PST-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of King's Crossing Golf &

Country Club, Inc. in Nueces County; Petroleum Storage Tank Registration No.

44631, RN101434504; for petroleum storage tank violations pursuant to Tex. Water

Code chs. 5, 7, and 26 and the rules of the Texas Commission on Environmental Quality,

including specifically 30 Texas Administrative Code ch. 60. (Steven Lopez, David Van

Soest)

Item 33. Docket No. 2004-1740-PST-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Rafia Sattar dba Junction

Conoco in Johnson County; Petroleum Storage Tank Registration No. 67479;

RN101537173; for petroleum storage tank violations pursuant to Tex. Water Code chs.

7 and 26 and the rules of the Texas Commission on Environmental Quality, including

specifically 30 Texas Administrative Code ch. 60. (Steven Lopez, David Van Soest)

Item 34. Docket No. 2004-1778-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Jarral's International, Inc. dba Express Lane Mobil

Mart in Galveston County; Petroleum Storage Tank Facility ID No. 43965,

RN101826402; for petroleum storage tank violations pursuant to Tex. Water Code chs.

7 and 26 and the rules of the Texas Commission on Environmental Quality, including

specifically 30 Texas Administrative Code ch. 60. (Larry King, David Van Soest)

Item 35. Docket No. 2004-2059-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Jerry D. Womack dba J & H in Tarrant County;

Petroleum Storage Tank Facility ID No. 73366, RN102250081; for petroleum storage

tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas

Commission on Environmental Quality, including specifically 30 Texas Administrative

Code ch. 60. (Melissa Keller, David Van Soest)

Item 36. Docket No. 2005-0216-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Joseph T. Gonzalez dba J & E Food Store in

Cameron County; Petroleum Storage Tank Facility ID No. 37642, RN101445112; for

petroleum storage tank violations pursuant to TEX. WATER CODE chs. 7 and 26 and the

rules of the Texas Commission on Environmental Quality, including specifically 30

Texas Administrative Code ch. 60. (Brian Lehmkuhle, David Van Soest)

Item 37. Docket No. 2004-1707-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Highway Travel Centers, Inc. dba Roadrunner

Travel Center in Nueces County; Petroleum Storage Tank Facility ID No. 72190;

RN102485794; for petroleum storage tank violations pursuant to Tex. Water Code chs.

7and 26 and the rules of the Texas Commission on Environmental Quality, including

specifically 30 Texas Administrative Code ch. 60. (Audra L. Ruble, David Van Soest)

Item 38. Docket No. 2004-1500-PST-E. Consideration of an Agreed Order assessing

administrative penalties against HCFM, Inc. dba Hill Country Food Mart in Burnet

County; Petroleum Storage Tank Facility ID No. 10966, RN101499143; for petroleum

storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the

Texas Commission on Environmental Quality, including specifically 30 Texas

Administrative Code ch. 60. (Chad N. Blevins, David Van Soest)

Item 39. Docket No. 2004-1797-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Green Ribbon Enterprises, Inc. dba Kwik Serve in

Montgomery County; Petroleum Storage Tank Facility ID No. 4696; RN101882959;

for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the

rules of the Texas Commission on Environmental Quality, including specifically 30

Texas Administrative Code ch. 60. (Merrilee Hupp, David Van Soest)

Item 40. Docket No. 2005-0058-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Gobu Inc. dba Mobil Deluxe Mart in Dallas County;

Petroleum Storage Tank Facility ID No. 74792, RN101540631; for petroleum storage

tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas

Commission on Environmental Quality, including specifically 30 Texas Administrative

Code ch. 60 . (Shontay Wilcher, David Van Soest)

Item 41. Docket No. 2003-1170-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Manzoor Enterprise, Inc. dba M&M Food Mart in

Harris County; TCEQ ID Nos. 0067211 and RN101435790; for petroleum storage tank

violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas

Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch.

60. (James Sallans, Jennifer Cook)

Item 42. Docket No. 2004-1498-PST-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Rolando Dela Cruz dba

Manila Food Plaza in Hidalgo County; TCEQ ID Nos. 48946 and RN102224755; for

petroleum storage tank violations pursuant to Tex. Water Code section 5.702, chs. 7 and

26, and the rules of the Texas Commission on Environmental Quality, including

specifically 30 Tex. Admin. Code ch. 60. (Justin Lannen, Jennifer Cook)

Item 43. Docket No. 2004-1621-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Estrella Freight Service, L.L.C. in Tarrant County;

TCEQ ID Nos. 22768 and RN101538395; for petroleum storage tank violations pursuant

to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on

Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Jeffrey J.

Huhn, Jennifer Cook)

Item 44. Docket No. 2005-0030-PST-E. Consideration of an Agreed Order assessing

administrative penalties against John Wiesner, Inc. in Montgomery County; Petroleum

Storage Tank Facility ID No. 10356, RN102009750; for petroleum storage tank

violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas

Commission on Environmental Quality, including specifically 30 Texas Administrative

Code ch. 60. (Catherine Albrecht, David Van Soest)

Item 45. Docket No. 2004-2012-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Waterside Corporation dba Bayview Marina in

Dallas County; Petroleum Storage Tank Facility ID No. 64729, RN102434081; for

petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the

rules of the Texas Commission on Environmental Quality, including specifically 30

Texas Administrative Code ch. 60. (A. Sunday Udoetok, David Van Soest)

Item 46. Docket No. 2005-0397-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Carl Wachsmann dba Wachsmann Store in Lee

County; Petroleum Storage Tank Facility ID No. 6135, RN101700623; for petroleum

storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the

Texas Commission on Environmental Quality, including specifically 30 Texas

Administrative Code ch. 60. (Miriam Hall, David Van Soest)

Item 47. Docket No. 2004-1832-PST-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Saidul Kabir dba Super Stop

3 in Rusk County; Petroleum Storage Tank Facility ID No. 39070; RN103026951; for

petroleum storage tank violations pursuant to Tex. Water Code chs. 5, 7, and 26 and the

rules of the Texas Commission on Environmental Quality, including specifically 30

Texas Administrative Code ch. 60. (Melissa Keller, David Van Soest)

Item 48. Docket No. 2005-0024-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Shank C&E Investments, L.L.C. dba Shank Services

in Harris County; RN100535582; for petroleum storage tank violations pursuant to Tex.

Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental

Quality, including specifically 30 Texas Administrative Code ch. 60. (Ronnie Kramer,

David Van Soest)

Item 49. Docket No. 2004-1280-PST-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Qazi Trading Corporation dba

Dollar Saver Food Mart 12 in Wichita County; Petroleum Storage Tank Facility ID

No. 46360, Regulated Entity Reference No. RN102833159; for petroleum storage tank

violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas

Commission on Environmental Quality, including specifically 30 Texas Administrative

Code ch. 60. (Sandy VanCleave, Edward Moderow)

Item 50. Docket No. 2005-0242-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Newell Recycling Company of El Paso, L.P. in El

Paso County; Petroleum Storage Tank Facility ID No. 23720; RN100581768; for

petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the

rules of the Texas Commission on Environmental Quality, including specifically 30

Texas Administrative Code ch. 60. (Jill McNew, David Van Soest)

Item 51. Docket No. 2004-0529-PST-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Murphy Oil USA Inc. dba

Murphy USA 6879 in El Paso County; Petroleum Storage Tank Facility ID No. 75575;

for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382,

Tex. Water Code chs. 5, 7, and 26, and the rules of the Texas Commission on

Environmental Quality, including specifically 30 Texas Administrative Code ch. 60.

(Mauricio Olaya, David Van Soest)

Item 52. Docket No. 2004-0567-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Julie Nguyen dba M & J Market in Jefferson County;

Petroleum Storage Tank Facility ID No. 8058, Regulated Entity ID No. RN102307527;

for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the

rules of the Texas Commission on Environmental Quality, including specifically 30

Texas Administrative Code ch. 60. (Michael Meyer, David Van Soest)

Item 53. Docket No. 2004-1951-PST-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Lucky Lady Oil Company dba

Super Lucky Lady 3 in Tarrant and Dallas Counties; Petroleum Storage Tank

Facility ID No. 10757, RN100539667; for petroleum storage tank violations pursuant to

Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental

Quality, including specifically 30 Texas Administrative Code ch. 60. (Terry Murphy,

David Van Soest)

Item 54. Docket No. 2004-1516-PST-E. Consideration of an Agreed Order assessing

administrative penalties against KVN Oil&Gas, Inc. dba Story Fina in Dallas County;

Petroleum Storage Tank Registration No. 52763, Regulated Entity Reference No.

RN102900925; for petroleum storage tank violations pursuant to TEX. WATER CODE chs.

7 and 26 and the rules of the Texas Commission on Environmental Quality, including

specifically 30 Texas Administrative Code ch. 60. (Chris Friesenhahn, David Van Soest)

Item 55. Docket No. 2002-0077-PST-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Salim Hussain dba Kirby Food

1 in Smith County; Petroleum Storage Tank Facility No. 24663; for petroleum storage

tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas

Commission on Environmental Quality, including specifically 30 Texas Administrative

Code ch. 60. (Pamela Campbell, David Van Soest)

Item 56. Docket No. 2004-1641-PST-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Dahisar Business, Inc. dba

Honey Stop 2 in Orange County; Petroleum Storage Tank Facility ID No. 24455;

RN102253242; 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 Commission

on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60.

(Daniel Siringi, David Van Soest)

Item 57. Docket No. 2004-2095-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Currey Enterprises, Inc. dba Budget Rentals in

Lubbock County; Petroleum Storage Tank Registration No. 69406, RN102029352; for

petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the

rules of the Texas Commission on Environmental Quality, including specifically 30

Texas Administrative Code ch. 60. (Steven Lopez, David Van Soest)

Item 58. Docket No. 2004-2070-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Brownfield Independent School District in Terry

County; Petroleum Storage Tank Facility ID No. 10138; RN101864809; for petroleum

storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the

Texas Commission on Environmental Quality, including specifically 30 Texas

Administrative Code ch. 60. (Jill McNew, David Van Soest)

Item 59. Docket No. 2004-0723-PST-E. Consideration of an Agreed Order assessing

administrative penalties against Wang Hun Chong dba The New C Store in Tarrant

County; TCEQ ID Nos. 49219 and RN100764216; for petroleum storage tank violations

pursuant to Tex. Water Code chs. 7 and 26, Tex. Health & Safety Code ch. 382, and the

rules of the Texas Commission on Environmental Quality, including specifically 30 Tex.

Admin. Code ch. 60. (Courtney St. Julian, Jennifer Cook)



PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS

Item 60. Docket No. 2004-2069-PWS-E. Consideration of an Agreed Order assessing

administrative penalties against Hamshire Community Water Supply Corporation

in Jefferson County; Public Water Supply No. 1230025, RN101283208; 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, David Van

Soest)

Item 61. Docket No. 2004-1550-PWS-E. Consideration of an Agreed Order assessing

administrative penalties against Red Creek Municipal Utility District in Tom Green

County; Public Water System ID No. 2260101; RN101453082; for drinking water

quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the

Texas Commission on Environmental Quality. (Michael Limos, David Van Soest)

Item 62. Docket No. 2005-0302-PWS-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Ollie J. Hilliard dba Jamie's

House Charter School Water System in Harris County; Public Water Supply No.

1013266, RN104074125; for drinking water quality violations pursuant to Tex. Health

& Safety Code ch. 341, Tex. Water Code ch. 5, and the rules of the Texas Commission

on Environmental Quality. (Catherine Albrecht, David Van Soest)

Item 63. Docket No. 2004-1559-PWS-E. Consideration of an Agreed Order assessing

administrative penalties against Domingo Pina, Jr. dba Sonny's Place in Fort Bend

County; Public Water Supply ID No. 0790319; RN102314887; for drinking water

quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the

Texas Commission on Environmental Quality. (Kent Heath, Edward Moderow)

Item 64. Docket No. 2004-0569-PWS-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Texas Department of Criminal

Justice in Coryell County; Public Water Supply ID No. 0500026, Regulated Entity ID

No. RN102415064; for drinking water quality and fee violations pursuant to Tex. Health

& Safety Code ch. 341, Tex. Water Code chs. 5, 7 and 26, and the rules of the Texas

Commission on Environmental Quality. (Jill Reed, David Van Soest)

Item 65. Docket No. 2004-1013-PWS-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of the City of Raymondville in

Willacy County; Public Water Supply ID No. 2450001; for public water system supply

violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas

Commission on Environmental Quality. (Mauricio Olaya, David Van Soest)

Item 66. Docket No. 2003-1254-PWS-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Russell Bros. Cattle Co. dba

Ville D'Alsace Water Supply Company in Medina County; Public Water Supply No.

1630037; for drinking water quality violations pursuant to Tex. Health & Safety Code

ch. 341 and the rules of the Texas Commission on Environmental Quality. (Brian

Lehmkuhle, David Van Soest)



SLUDGE ENFORCEMENT AGREED ORDER

Item 67. Docket No. 2003-1227-SLG-E. Consideration of an Agreed Order assessing

administrative penalties against Brownsville Navigation District in Cameron County;

Sludge Transporter Registration No. 21816, RN103031670; for municipal solid waste

violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 5 and

7, and the rules of the Texas Commission on Environmental Quality, including

specifically 30 Tex. Admin. Code ch. 60. (Stacey Young, David Van Soest)



WASTEWATER OPERATOR CERTIFICATION ENFORCEMENT AGREED

ORDER

Item 68. Docket No. 2001-0080-WOC-E. Consideration of an Agreed Order revoking

Wastewater Operator License No. WW0004406 and Wastewater Operations Company

Certificate No. OC20019, and requiring certain actions of Larry Anderson and

Andtech Pollution Control, Inc. in Denton, Collin, Ellis, and Tarrant Counties;

TCEQ ID Nos. WW0004406, OC20019, RN103318127, and RN103740684; for water

quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas

Commission on Environmental Quality. (James P. Biggins, Jennifer Cook)



WATER QUALITY ENFORCEMENT AGREED ORDERS

Item 69. Docket No. 2004-2020-WQ-E. Consideration of an Agreed Order assessing

administrative penalties and requiring certain actions of Lattimore Materials

Company, L.P. dba Coppell Ready Mix in Dallas County; Texas Pollutant Discharge

Elimination System ("TPDES") Permit No. TXG110116; RN102535440; for water

quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas

Commission on Environmental Quality, including specifically 30 Texas Administrative

Code ch. 60. (Joseph Daley, David Van Soest)

Item 70. Docket No. 2004-1072-WQ-E. Consideration of an Agreed Order assessing

administrative penalties against Weirich Bros., Inc. in Gillespie County; TCEQ Storm

Water Permit ID No. TXR05R713; RN103786729; for water quality violations pursuant

to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on

Environmental Quality, including specifically 30 Texas Administrative Code ch. 60.

(Jill McNew, David Van Soest)

Item 71. Docket No. 2004-1741-WQ-E. Consideration of an Agreed Order assessing

administrative penalties against Permian Real Estate Inc. dba Southland Homes in

Taylor County; RN104403878; for water quality violations pursuant to Tex. Water

Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality,

including specifically 30 Texas Administrative Code ch. 60. (Harvey Wilson, David

Van Soest)



WATER QUALITY ENFORCEMENT DEFAULT ORDER

Item 72. Docket No. 2004-0938-WQ-E. Consideration of a Default Order assessing

administrative penalties and requiring certain actions of Duke Pendergraft dba

Pendergraft Stone in Haskell County; TCEQ ID No. RN104285317; for water quality

violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas

Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch.

60. (Gitanjali Yadav, Jennifer Cook)


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5 . Discussion of Item #68


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6 . Discussion of Items #7, 70, 71, and 72


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7 . BUDGET MATTERS



Item 73. Docket No. 2005-0823-BGT. Consideration of Fiscal Year 2006 Assessment of Costs

for Watermaster Operations in the South Texas Water Division. For Commission

Action pursuant to Texas Water Code Section 11.329; and 30 TAC Sections 12.1; 12.3;

12.5 and 304.61 of the Commission Rules, the Executive Director requests that the

Commission consider Watermaster costs of administration for the fiscal year beginning

September 1, 2005 and ending August 31, 2006 for appropriators in the South Texas

Water Division, which consists of the Nueces, San Antonio, Guadalupe and Lavaca

River Basins, as well as the Lavaca-Guadalupe, San Antonio-Nueces and Nueces-Rio

Grande Coastal Basins, except that part of the Nueces-Rio Grande Coastal Basin in

Hidalgo, Cameron, Willacy and Starr Counties, and approve Five Hundred Fifteen

Thousand Fifty Dollars as the amount to be assessed, with the assessment per account

to consist of a $50.00 base charge plus a use fee and/or a storage fee calculated from the

authorized acre-feet, and a penalty of 5.0% of any delinquent fee due shall be imposed

on a person who fails to pay the required fee when due and if the person fails to pay the

fee within 30 days after the day which the fee is due, an additional 5.0% penalty shall

be imposed. Delinquent fees will accrue interest beginning on the 61st day after their

due date. The yearly interest rate on all delinquent fees required under this title is the

prime rate plus one percent, as published in the Wall Street Journal on the first day of

each calendar year that is not a Saturday, Sunday, or legal holiday. Penalties and/or

interest fees may be waived by the Executive Director for good cause. (John Davis)


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8 . Item 74. Docket No. 2005-0813-BGT. Consideration of Fiscal Year 2006 Assessment of

Annual Costs of Operation for Watermaster Operations in the Rio Grande Water

Division. For Commission Action. Pursuant to Texas Water Code Section 11.329; and

30 TAC Sections 12.1; 12.3; 12.5 and 304.61 of the Commission Rules, the Executive

Director requests that the Commission consider Watermaster costs of administration for

the fiscal year beginning September 1, 2005, and ending August 31, 2006, for

appropriators in the Rio Grande Water Division, which extends from Fort Quitman,

Texas to the mouth of the Rio Grande River, excluding the watersheds of the Pecos and

Devils Rivers; and includes that portion of the Nueces-Rio Grande Coastal Basin lying

in Hidalgo, Cameron, Willacy and Starr Counties; and approve $592,000.00 with a

municipal rate of $0.2545 as the amount to be assessed for annual costs, with the

assessment per account to consist of a $50.00 base charge plus a use fee and/or a storage

fee calculated from the authorized acre-feet, and a penalty of 5.0% of any delinquent fee

due shall be imposed on a person who fails to pay the required fee when due and if the

person fails to pay the fee within 30 days after the day which the fee is due, an additional

5.0% penalty shall be imposed. Delinquent fees will accrue interest beginning on the

61st day after their due date. The yearly interest rate on all delinquent fees required

under this title is the prime rate plus one percent, as published in the Wall Street Journal

on the first day of each calendar year that is not a Saturday, Sunday, or legal holiday.

Penalties and/or interest fees may be waived by the Executive Director for good cause.

(John Davis)


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9 . UTILITY CERTIFICATION MATTER



Item 75. Docket No. 2005-0856-UCR. Consideration of a request for a Commission order

approving a contract designating service areas between Cash Special Utility District,

water CCN No. 10824, and Shady Grove Water Supply Corporation, a non-profit

water supply corporation, water CCN No. 11661 in Hunt County, Texas, pursuant to

Section 13.248 of the Texas Water Code. The agreement stipulates that Cash SUD will

provide water service to a 30 acre tract of land currently within Shady Grove WSC’s

water service area. (Brian MacLeod, Tammy Holguin-Benter)


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10 . ADVISORY COMMITTEE ITEMS



Item 76. Docket No. 2005-0974-IRR. Consideration of a Resolution to extend the existence

of the Irrigator Advisory Council of the Texas Commission on Environmental

Quality until February 1, 2011, and to appoint four members to the Irrigator Advisory

Council to fill vacancies that resulted from the natural expiration of three terms and the

resignation of one member before his term expired. (Alicia M. Lee)


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11 . Item 77. Docket No. 2005-1250-MSW. Consideration of nominations and appointment of seven

individuals to the Municipal Solid Waste Management and Resource Recovery

Advisory Council. (Gary Trim, Anthony Tatu)


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12 . RULE MATTERS



Item 78. Docket No. 2005-1149-RUL. Consideration of a petition for rulemaking under 30 TAC

Section 20.15.

The petition was filed on June 16, 2005, by the Houston Gulf Coast Irrigation

Association. The petitioner requests that 30 TAC Section 30.120, Qualifications for

Initial License, be amended to require applicants for a landscape irrigator licence to have

a high school diploma or equivalent and two years of acceptable work experience.

(Terry Thompson, Kathy Brown) (Rule Project No. 2005-035-PET-NR)


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13 . Item 79. Docket No. 2004-0097-RUL. Consideration of the adoption of 30 TAC Chapter 213,

Edwards Aquifer, Sections 213.1, 213.3, 213.4, 213.12, 213.20 - 213.22, 213.24, and

213.27.

The adoption would modify the existing boundaries of the Edwards Aquifer regulatory

zones on the official maps that are incorporated by reference in Chapter 213. The

Chapter 213 requirements regarding regulated activities in the recharge zone and in the

contributing zone within the transition zone would apply in areas added to these

regulatory zones on the official maps. Areas redesignated to transition zone and

contributing zone would generally be subject to reduced requirements. Requirements

for the contributing zone within the transition zone would be strengthened. Adopted rule

language will correct inaccurate rule citations; specify locations where official maps

identifying the Edwards Aquifer recharge, contributing, and transition zones are

maintained; rephrase for readability; update references to reflect the delegation of the

National Pollutant Discharge Elimination System; and correct the agency's name. The

adoption would also specify that only the maps adopted by the agency are to be

considered under Chapter 213. Wastewater discharge provisions would be extended to

areas designated as contributing zone within the transition zone. The proposed rules

were published in the March 11, 2005, issue of the Texas Register (30 TexReg 1403).

(Steve Musick, Kathy Brown) (Rule Project No. 2003-029-213-PR)


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14 . Item 80. Docket No. 2004-1793-RUL. Consideration of the adoption of the repeal of 30 TAC

Chapter 7, Memoranda of Understanding, Section 7.105, Adoption of Memoranda of

Understanding between the Texas General Land Office (GLO) and the Texas Natural

Resource Conservation Commission. The memorandum of understanding (MOU) has

been cancelled by mutual agreement consistent with the MOU between the GLO and

commission.

The adoption would repeal obsolete text that remains in the Texas Administrative Code.

The proposed rule was published in the March 11, 2005, issue of the Texas Register (30

TexReg 1401). (Frank Fuller, Greg Dickenson) (Rule Project No. 2004-088-007-EN)


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15 .

AFTERNOON AGENDA - 1:00 p.m. (CDT)

OLD BUSINESS AGENDA



Item 1. TCEQ Docket No. 2003-1432-OSI-E; SOAH Docket No. 582-04-8213. Consideration

of the Administrative Law Judge's Proposal for Decision and Order revoking the On-Site

Sewage Facility (OSSF) Installer II License and requiring certain actions of Gary R.

Reeves in Leon and Freestone Counties, Texas; TCEQ ID Installer II License No.

OS00004489; regarding violations pursuant to Tex. Water Code ch. 7, Tex. Health &

Safety Code §§ 366.051(c) and 366.004, and 30 Tex. Admin. Code § 285.61(4) and (6)

and the rules of the Texas Commission on Environmental Quality.



Continued from the July 27, 2005 agenda.


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16 . Item 2. TCEQ Docket No. 2004-0046-MWD; SOAH Docket No. 582-04-3106. Consideration

of the Administrative Law Judge's Proposal for Decision and Order regarding the

application of Uhland 405 Partners, L.P. for a new Texas Pollutant Discharge

Elimination System, Permit No. WQ0014439001, to authorize the discharge of treated

domestic wastewater from a wastewater treatment facility in Caldwell County, Texas.

The Commission will also consider timely public comments and the Executive Director's

Response to Public Comment, the permit application, related filings, exceptions, and

replies.


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17 . REGULAR AGENDA

Item 1. TCEQ Docket No. 1996-0209-WR; SOAH Docket No. 582-96-0144. Consideration

of the Administrative Law Judge's Proposal for Decision and Order, which is the

proposed Preliminary Determination, regarding the adjudication under Chapter 11,

Subchapter G, of the Texas Water Code, of all claims of water rights in the Upper Rio

Grande segment of the Rio Grande Basin, El Paso and Hudspeth Counties, Texas.

The Commission will also consider related filings, exceptions and replies.


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18 . Item 2. Docket No. 2005-1208-TML. Consideration to adopt final TMDLs for total dissolved

solids and chlorides in Clear Creek above Tidal (Segment 1102 in the San Jacinto-

Brazos Coastal Basin) as certified updates to the State of Texas Water Quality

Management Plan to satisfy federal water quality management planning requirements.

(Tom Weber)



Item 3. Docket No. 2005-1209-TML. Consideration to adopt a final TMDL for nitrate-nitrogen

in the Lower Sabinal River (Segment 2110 in the Nueces River Basin) as a certified

update to the State of Texas Water Quality Management Plan to satisfy federal water

quality management planning requirements. (Tom Weber)



Item 4. Docket No. 2005-1210-TML. Consideration to adopt a final TMDL for Polychlorinated

Biphenyls (PCBs) in Fish Tissue in Lake Worth (Segment 0807 in the Trinity River

Basin) as a certified update to the State of Texas Water Quality Management Plan to

satisfy federal water quality management planning requirements. (Tom Weber)


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