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DISTRICT MATTER |
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Item 1. |
Docket No. 98-1253-DIS. Consideration of a Proposed Order Approving
the Application by Harris County Water Control and Improvement
District No. 133 for Approval of Fire Protection Plan. For Commission
consideration. Applicant requests approval of fire protection plan and
approval of contract providing fire protection services. (TNRCC Internal
Control No. 061198-D03, Mike Byrne). |
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Approve order as recommended, JB/RM. McBee Absent |
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AUTHORIZATION TO CONSTRUCT |
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Item 2. |
Docket No. 98-1376-MWD. Consideration of a Request by the LA
JOYA INDEPENDENT SCHOOL DISTRICT for an Order authorizing
construction of a wastewater treatment facility for its elementary school,
in Hidalgo County, Texas, before Commission consideration of its
application for a wastewater no-discharge permit under Sections 26.019
and 26.027(c) of the Texas Water Code. The proposed authorization to
construct would not permit the use of the newly constructed wastewater
treatment system. (Monique Norman, Phillip Urbany) |
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Continued to December 16, 1998 |
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Item 3. |
Docket No. 98-1375-IWD. Consideration of a Request by IBP, INC., for
an Order authorizing construction of the expansion of its wastewater
treatment facility for Vernon Calhoun Packing Plant, in Anderson County,
Texas, before Commission consideration of its application for amendment
to its wastewater no-discharge permit under Sections 26.019 and
26.027(c) of the Texas Water Code. The proposed authorization to
construct would not permit the use of the newly constructed additions to
its wastewater treatment system. (Monique Norman, Cynthia Lee) |
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Continued to December 16, 1998 |
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Item 4. |
Docket No. 98-1377-MWD. Consideration of a Request by HARRIS
COUNTY, for an Order authorizing construction of a wastewater
treatment facility in Harris County, Texas, before Commission
consideration of its application for a wastewater discharge permit under
Sections 26.019 and 26.027(c) of the Texas Water Code. The proposed
authorization to construct would not permit the use of the newly
constructed wastewater treatment facility. (Gene Snelson, Frioj Vahora) |
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Approve Authorization to Construct, JB/RM. McBee Absent |
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Item 5. |
Docket No. 98-1331-MWD. Consideration of
AQUASOURCE/WOODCREEK UTILITIES' request for an Order
authorizing construction of a wastewater facility prior to Commission
consideration of its application for a wastewater discharge permit. The
wastewater treatment facility would be located approximately 1200 feet
south southeast of the intersection of Farm-to-Market Road 2325 and
Jacob's Well Road, approximately 4 miles north of the community of
Wimberley in Hays County, Texas. The proposed authorization to
construct would not permit the treatment or discharge of any wastewater
from the new construction. (Fread Houston, Phillip Urbany) |
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Approve Authorization to Construct, JB/RM. All Commissioners Agree |
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PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDER |
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Item 6. |
Docket No. 97-0721-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of College
Mound Water Supply Corporation in Kaufman County; PWS No.
1290012; for drinking water quality violations pursuant to Texas Health
and Safety Code ch. 341 and the rules of the Texas Natural Resource
Conservation Commission. (Terry Thompson) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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PETROLEUM STORAGE TANK ENFORCEMENT AGREED
ORDERS |
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Item 7. |
Docket No. 98-0757-PST-E. Consideration of an Agreed Order assessing
administrative penalties for Dallas C-Store, Inc. in Dallas County; PST
Facility ID. 45926; for petroleum storage tank violations pursuant to the
TEX. HEALTH & SAFETY Code ch. 382, TEX. WATER CODE ch. 7,
and the rules of the Texas Natural Resource Conservation Commission.
(Frank Muser) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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Item 8. |
Docket No. 97-1194-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Key Associates in
Wichita County; PST Facility ID. No. 69290; for licensing violations
pursuant to TEX. WATER CODE ch. 26 and the rules of the Texas
Natural Resource Conservation Commission. (Gayle Zapalac) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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Item 9. |
Docket No. 98-0644-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Red Coleman
in Dallas County; PST Facility ID No. 28011; Enf. ID No. 12514; for
petroleum storage tank violations pursuant to Texas Health and Safety
Code Chapter 382, Texas Water Code Chapters 7 and 26 and the rules of
the Texas Natural Resource Conservation Commission. (Julia
McMasters) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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Item 10. |
Docket No. 98-0448-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Anton
Zaghloul, dba, Mr. T's Food Mart in Tarrant County; PST Facility ID No.
0068350, for Stage II Vapor recovery violations pursuant to TEX.
HEALTH AND SAFETY CODE Chapter 382 and the rules of the Texas
Natural Resource Conservation Commission. (Seyed M. Miri, P.E.) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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Item 11. |
Docket No. 98-0833-PST-E. Consideration of an Agreed Order assessing
administrative penalties requiring certain actions of Thermodyn
Contractors, Inc. in El Paso County; PST Facility ID No. 005545; for
petroleum storage tank violations pursuant to the Texas Water Code,
Chapter 7 and the rules of the Texas Natural Resource Conservation
Commission. (Ron Baca) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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Item 12. |
Docket No. 97-1193-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jeanee Properties,
Inc. in Wichita County; PST Facility Id. No. 69290; for petroleum storage
tank violations pursuant to the TEX. WATER CODE chs. 7 and 26 ("the
Code") and the rules of the Texas Natural Resource Conservation
Commission. (Gayle Zapalac) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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PETROLEUM STORAGE TANK DEFAULT ORDER |
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Item 13. |
Docket No. 97-0312-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Stan Threlkeld in
Tarrant County; TNRCC ID No. 0038613; for petroleum storage tank
violations pursuant to Chapter 26 of the Texas Water Code and the rules
of the Texas Natural Resource Conservation Commission. (William
Puplampu) |
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Issue Default Order, RM/BM. All Commissioners Agree |
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EDWARD AQUIFER ENFORCEMENT AGREED ORDER |
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Item 14. |
Docket No. 98-0496-EAQ-E. Consideration of an Agreed Order
assessing administrative penalties of Mr.James Kerby in Williamson
County; Edwards Aquifer Protection Program No. 98011402; for water
quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the
rules of the Texas Natural Resource Conservation Commission. (Laurie
Eaves) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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Item 15. |
Docket No. 98-0665-EAQ-E. Consideration of an Agreed Order
assessing administrative penalties of Custom Restoration, Inc. in Bexar
County; for water quality violations pursuant to TEX. WATER CODE
chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Brian Lehmkuhle) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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Item 16. |
Docket No. 98-0299-EAQ-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of George
and Lisa Walker in Hays County; for water quality violations pursuant to
Tex. Water Code Chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Merrilee Gerberding) |
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Issue Agreed Order, RM/BM. All Commissioners Agree |
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INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED
ORDER |
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Item 17. |
Docket No. 98-0173-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Channel Shipyard Company, Inc. in Harris County; Solid Waste
Registration No. 31257; for industrial & hazardous waste violations
pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas
Health & Safety Code, Chapter 7 of the Texas Water Code, and the rules
of the Texas Natural Resource Conservation Commission. (Anne
Nyffenegger) |
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Issue Agreed Order, BM/JB. All Commissioners Agree |
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Item 18. |
Docket No. 97-0364-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
McKinney Smelting, Inc. in Collin County; TNRCC ID No. F0074; for
industrial and hazardous waste violations pursuant to the Texas Solid
Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code;
Chapter 26 of the Texas Water Code; and the rules of the Texas Natural
Resource Conservation Commission. (Guy Henry) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED
ORDER |
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Item 19. |
Docket No. 97-0817-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Kilgore in Gregg County; TNRCC Permit No. 10201-001; for water
quality violations pursuant to the Texas Water Code Chapter 26 and the
rules of the Texas Natural Resource Conservation Commission. (Guy
Henry) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Item 20. |
Docket No. 98-0141-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Eldorado in Schleicher County; Water Quality Permit No.
0010165-001; for water quality violations pursuant to TEX. WATER
CODE chs. 7 and 26 and the rules of the Texas Natural Resource
Conservation Commission. (Karen Berryman) |
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Issue Agreed Order, BM/JB. All Commissioners Agree |
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AGRICULTURAL DEFAULT ORDER |
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Item 21. |
Docket No. 97-0900-AGR-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Dennis Schouten
dba Dennis Schouten Dairy in Erath County; TNRCC ID No. None; for
water quality violations pursuant to Chapter 26 of the Texas Water Code
and the rules of the Texas Natural Resource Conservation Commission.
(William Puplampu) |
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Issue Default Order, JB/RM. All Commissioners Agree |
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AIR ENFORCEMENT AGREED ORDERS |
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Item 22. |
Docket No. 98-0524-AIR-E. Consideration of an Agreed Order assessing
administrative penalties of David Tavana dba Hercules Car Wash in El
Paso County; Account No. EE-0970-A; for air quality violations pursuant
to the Texas Clean Air Act, Tex. Health & Safety Code ch 382, Tex.
Water Code ch.7, and the rules of the Texas Natural Resource
Conservation Commission. (Stacey Young) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Item 23. |
Docket No. 98-0334-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Koch Midstream
Services Company, Incorporated in Freestone County; Account No. FI-0028-G; for air quality violations pursuant to the Texas Clean Air Act,
Tex. Health & Safety Code ch. 382, Tex. Water Code Ch. 7, and the rules
of the Texas Natural Resource Conservation Commission. (Suzanne
Walrath) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Item 24. |
Docket No. 98-0276-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of A + Wood
Shavings, LLC in Montgomery County; Account No. MQ-0570-A; for air
quality violations pursuant to the Tex. Water Code Ch. 7, Tex. Health &
Safety Code ch. 382, and the rules of the Texas Natural Resource
Conservation Commission. (Miriam Hall) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Item 25. |
Docket No. 98-0802-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Rangerville CO-OP Gin in Cameron County; Account No. CD-0066-M; for air quality
violations pursuant to the Texas Clean Air Act, Tex. Health & Safety
Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural
Resource Conservation Commission. (Eduardo Cruz) |
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Issue Agreed Order, RM/JB. McBee Voted No. |
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Item 26. |
Docket No. 98-0708-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of The Dow
Chemical Company in Brazoria County; Account No. BL-0082-R; for air
quality violations pursuant to the Texas Clean Air Act, Tex. Health &
Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Miriam Hall) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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Item 27. |
Docket No. 98-0545-AIR-E. Consideration of an Agreed Order assessing
administrative penalties of Nations Way Transport Service, Incorporated
in El Paso County; Account No. EE-1956-K; for air quality violations
pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382,
Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Stacey Young) |
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Issue Agreed Order, RM/JB. All Commissioners Agree |
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RULES |
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Item 28. |
Docket No. 98-0578-RUL. Consideration for adoption of amendments to
30 TAC Chapter 303, Section 303.32, concerning Enforcement Actions,
new Section 303.35, concerning Field Citation by Watermaster;
amendments to 30 TAC Chapter 304, Section 304.33, concerning
Enforcement Actions, and new Section 304.34, concerning Field Citation
by Watermaster. If approved, the amended and new sections would grant
the watermaster programs field citation authority as provided by Senate
Bill 1, 75th Legislature (1997). The proposed rules were published in the
September 11, 1998, issue of the Texas Register (23 TexReg 9170). (John
Sadlier) (Rule Log No. 97147-304-WT). |
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Approve Adoption of amendments, RM/JB. All Commissioners Agree |
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Item 29. |
Docket No. 97-1103-RUL. Consideration for adoption of amendments to
Chapter 305, Subchapter F, Section 305.126, concerning Additional
Standard Permit Conditions for Wastewater Discharge Permits. If
adopted, the rule amendments will reflect changes made to the policy and
administration of reporting requirements for wastewater discharge
facilities. The proposal was published in the June 19, 1998, issue of the
Texas Register (23 TexReg 6392). (Jan Sills) (Rule Log No.
97138-305-WT). |
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Approve adoption of amendments with corrections, RM/BM. All Commissioners Agree |
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Item 30. |
Docket No. 98-0421-RUL. Consideration for adoption of revisions to 30
TAC Chapter 106, Subchapter K, Section 106.261, concerning facilities
(Emission Limitations) and Section 106.262, concerning Facilities
(Emission and Distance Limitations). If adopted, the amendments to
Section 106.261 would require persons to register their claim of
exemption under that section. The proposed amendments to Section
106.262 would update the emission limitations by incorporating 1997
toxicological information. The proposal was published in the June 19,
1998, issue of the Texas Register (23 TexReg 6386). (Jim Dodds, Susana
Hildebrand) (Rule Log No. 98019-106-AI). |
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Approve adoption of amendments with corrections, RM/MB. All Commissioners Agree |
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Item 31. |
Docket No. 98-1373-RUL. Consideration of a petition for rulemaking to
adopt an amendment to 30 TAC Chapter 291, Subchapter E, Section 89,
relating to Meters. If approved, the amendment would require an investor
owned utility to provide notice prior to access to a customer's property.
Staff recommends denial of this petition. (Wayne Wiley). |
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Deny Petition, RM/JB. All Commissioners Agree |
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EXECUTIVE SESSION |
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Item 32. |
Docket No. 98-1156-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. No final
action, decision or vote with regard to any legal or personnel matter
considered in the closed meeting shall be made in the absence of further
notice issued in accordance with Chapter 551 of the Government Code. |
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No Action Taken |
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Item 33. |
Docket No. 98-1157-EXE. THE COMMISSION WILL CONDUCT A
CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND
RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC
PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT,
CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. No
final action, decision, or vote with regard to any matter considered in
closed session shall be made in the absence of further notice issued in
accordance with Chapter 551 of the Government Code. |
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No Action Taken |
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(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE
TNRCC AGENDA AND WHO MAY NEED AUXILIARY AIDS OR
SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE
DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR
BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE
OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST TWO
(2) WORK DAYS PRIOR TO THE AGENDA, SO THAT
APPROPRIATE ARRANGEMENTS CAN BE MADE.) (PERSONS
WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN
CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS
TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS
IN THE OFFICE OF CHIEF CLERK AT (512) 239-3317 AT LEAST
FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT
APPROPRIATE ARRANGEMENTS CAN BE MADE.) |
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REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL
9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE
REGISTRATION COULD RESULT IN YOUR MISSING THE
OPPORTUNITY TO COMMENT ON YOUR ITEM. |
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