Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,955
6819-7008 p. ; 28 cm.View a full description of this periodical.
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7.075 requires that notice of the proposed orders and the opportunity
to comment must be published in the Texas Register no later than the
30th day before the date on which the public comment period closes,
which in this case is October 1, 2012. TWC, 7.075 also requires that
the commission promptly consider any written comments received and
that the commission may withdraw or withhold approval of an AO if a
comment discloses facts or considerations that indicate that consent is
inappropriate, improper, inadequate, or inconsistent with the require-
ments of the statutes and rules within the commission's jurisdiction
or the commission's orders and permits issued in accordance with the
commission's regulatory authority. Additional notice of changes to a
proposed AO is not required to be published if those changes are made
in response to written comments.
A copy of each proposed AO is available for public inspection at both
the commission's central office, located at 12100 Park 35 Circle, Build-
ing C, 1st Floor, Austin, Texas 78753, (512) 239-2545, and at the appli-
cable regional office listed as follows. Written comments about an AO
should be sent to the enforcement coordinator designated for each AO
at the commission's central office at P.O. Box 13087, Austin, Texas
78711-3087 and must be received by 5:00 p.m. on October 1, 2012.
Written comments may also be sent by facsimile machine to the en-
forcement coordinator at (512) 239-2550. The commission enforce-
ment coordinators are available to discuss the AOs and/or the com-
ment procedure at the listed phone numbers; however, TWC, 7.075
provides that comments on the AOs shall be submitted to the commis-
sion in writing.
(1) COMPANY: ADICO ENTERPRISES, INCORPORATED dba
Anas Shell; DOCKET NUMBER: 2012-0531-PST-E; IDENTIFIER:
RN100870831; LOCATION: Houston, Harris County; TYPE OF
FACILITY: convenience store with retail sales of gasoline; RULE
VIOLATED: 30 TAC 334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to
renew a previously issued underground storage tank (UST) delivery
certificate by submitting a properly completed UST registration and
self-certification form at least 30 days before the expiration date;
30 TAC 334.8(c)(5)(A)(i) and TWC, 26.3467(a), by failing to
make available to a common carrier a valid, current TCEQ delivery
certificate before accepting delivery of a regulated substance into
the USTs; 30 TAC 334.49(a)(1) and TWC, 26.3475(d), by failing
to provide proper corrosion protection for the UST system; and 30
TAC 334.50(b)(1)(A) and (2) and TWC, 26.3475(a) and (c)(1), by
failing to monitor the USTs for releases at a frequency of at least once
every month (not to exceed 35 days between each monitoring) and
also by failing to provide proper release detection for the pressurized
piping associated with the UST system; PENALTY: $12,044; EN-
FORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(2) COMPANY: Andrew Hinojosa; DOCKET NUMBER: 2012-0596-
MSW-E; IDENTIFIER: RN106090145; LOCATION: Stanton, Martin
County; TYPE OF FACILITY: unauthorized scrap tire disposal site;
RULE VIOLATED: 30 TAC 330.15(c), by failing to prevent the
unauthorized disposal of municipal solid waste; PENALTY: $2,625;
ENFORCEMENT COORDINATOR: Mike Pace, (817) 588-5933;
REGIONAL OFFICE: 9900 West IH 20, Suite 100, Midland, Texas
79706, (432) 570-1359.
(3) COMPANY: Andy Ngo; DOCKET NUMBER: 2012-0457-WQ-E;
IDENTIFIER: RN106108350; LOCATION: Nacogdoches, Nacog-
doches County; TYPE OF FACILITY: construction site; RULE
VIOLATED: TWC, 26.121(a)(2), by failing to prevent the unau-
thorized discharge of sediment into water in the state; PENALTY:
$5,250; ENFORCEMENT COORDINATOR: Heather Brister, (254)761-3034; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(4) COMPANY: Aqua Texas, Incorporated; DOCKET NUMBER:
2012-0636-PWS-E; IDENTIFIER: RN102343175; LOCATION:
Livingston, Polk County; TYPE OF FACILITY: public water supply;
RULE VIOLATED: 30 TAC 290.46(m)(4), by failing to maintain all
treatment units, storage and pressure maintenance facilities, distribu-
tion system lines and related appurtenances in a watertight condition;
PENALTY: $154; ENFORCEMENT COORDINATOR: Epifanio Vil-
larreal, (361) 825-3425; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(5) COMPANY: CCMH Potomac LLC dba Houston Marriott Medi-
cal Center; DOCKET NUMBER: 2012-0621-PST-E; IDENTIFIER:
RN102401072; LOCATION: Houston, Harris County; TYPE OF FA-
CILITY: hospital with a non-retail petroleum storage and dispensing
facility; RULE VIOLATED: 30 TAC 334.50(b)(1)(A) and (2) and
TWC, 26.3475(b) and (c)(1), by failing to monitor the underground
storage tank (UST) for releases at a frequency of at least once every
month (not to exceed 35 days between each monitoring) and by failing
to provide proper release detection for the piping associated with the
UST system; 30 TAC 334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing
to renew a previously issued UST delivery certificate by submitting
a properly completed UST registration and self-certification form at
least 30 days before the expiration date; and 30 TAC 334.8(c)(5)(A)(i)
and TWC, 26.3467(a), by failing to make available to a common car-
rier a valid, current TCEQ delivery certificate before accepting deliv-
ery of a regulated substance into the UST; PENALTY: $5,259; EN-
FORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3553;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(6) COMPANY: City of College Station; DOCKET NUMBER:
2012-1532-WQ-E; IDENTIFIER: RN104481346; LOCATION:
College Station, Brazos County; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC 281.25(a)(4), by failing
to obtain a Multi-Sector General Permit (stormwater); PENALTY:
$875; ENFORCEMENT COORDINATOR: Harvey Wilson, (512)
239-0321; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500,
Waco, Texas 76710-7826, (254) 751-0335.
(7) COMPANY: City of Kilgore; DOCKET NUMBER: 2012-0709-
MWD-E; IDENTIFIER: RN102079985; LOCATION: Kilgore, Gregg
County; TYPE OF FACILITY: wastewater treatment; RULE VIO-
LATED: TWC, 26.176(a), by failing to enact and enforce rules, or-
dinances, orders, or resolutions to control and regulate the type, char-
acter, and quality of waste which may be discharged to the disposal
system and, where necessary, require pretreatment of waste to be dis-
charged to the system, so as to protect the health and safety of person-
nel maintaining and operating the disposal system and to prevent un-
reasonable adverse effects on the disposal system; PENALTY: $4,975;
ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-
2558; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-
3734, (903) 535-5100.
(8) COMPANY: City of Marlin; DOCKET NUMBER: 2012-0270-
SLG-E; IDENTIFIER: RN104915079; LOCATION: Marlin, Falls
County; TYPE OF FACILITY: water treatment plant sludge beneficial
land use site; RULE VIOLATED: 30 TAC 312.122(b), by failing to
maintain authorization to land apply water treatment plant sludge in a
land application unit; PENALTY: $9,000; Supplemental Environmen-
tal Project offset amount of $7,200 applied to City-Wide Collection
Events; ENFORCEMENT COORDINATOR: Lanae Foard, (512)
239-2554; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500,
Waco, Texas 76710-7826, (254) 751-0335.INADDITION August 31, 2012 37 TexReg 6955
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth253227/m1/133/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.