Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,962
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from WCS at the address stated above or by calling Mr. Scott Kirk at
(432) 525-8500.
TRD-201204452
Bridget C. Bohac
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 22, 2012
Notice of Opportunity to Comment on Agreed Orders of
Administrative Enforcement Actions
The Texas Commission on Environmental Quality (TCEQ or commis-
sion) staff is providing an opportunity for written public comment on
the listed Agreed Orders (AOs) in accordance with Texas Water Code
(TWC), 7.075. TWC, 7.075 requires that before the commission
may approve the AOs, the commission shall allow the public an op-
portunity to submit written comments on the proposed AOs. TWC,
7.075 requires that notice of the opportunity to comment must be pub-
lished 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 Octo-
ber 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 requirements 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 au-
thority. Additional notice of changes to a proposed AO is not required
to be published if those changes are made in response to written com-
ments.
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 A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the ap-
plicable regional office listed as follows. Written comments about an
AO should be sent to the attorney designated for the AO at the com-
mission's central office at P.O. Box 13087, MC 175, Austin, Texas
78711-3087 and must be received by 5:00 p.m. on October 1, 2012.
Comments may also be sent by facsimile machine to the attorney at
(512) 239-3434. The designated attorney is available to discuss the
AO and/or the comment procedure at the listed phone number; how-
ever, TWC, 7.075 provides that comments on an AO shall be submit-
ted to the commission in writing.
(1) COMPANY: A & M BUSINESS INC d/b/a Aggies Food Store;
DOCKET NUMBER: 2011-2088-PST-E; TCEQ ID NUMBER:
RN102354396; LOCATION: 301 University Drive, College Station,
Brazos County; TYPE OF FACILITY: underground storage tank
(UST) system and a convenience store with retail sales of gaso-
line; RULES VIOLATED: 30 TAC 334.50(b)(1)(A) and TWC,
26.3475(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); 30 TAC 334.72, by failing to report a suspect
release to the TCEQ within 24 hours of discovery; and 30 TAC
334.74, by failing to investigate a suspected release within 30 days
of discovery; PENALTY: $11,100; STAFF ATTORNEY: Kari L.
Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL
OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500,
Waco, Texas 76710-7826, (254) 751-0335.
(2) COMPANY: Choice Exploration, Inc.; DOCKET NUMBER:
2011-0718-AIR-E; TCEQ ID NUMBER: RN105909899; LOCA-
TION: Private Road (PR) 103 approximately 6.1 miles north from
the intersection of PR 103 and Highway 90 East, Devers, LibertyCounty; TYPE OF FACILITY: oil and gas production site; RULES
VIOLATED: Texas Health and Safety Code (THSC), 382.0518(a)
and 382.085(b) and 30 TAC 116.110(a), by failing to obtain autho-
rization to construct and operate a source of air emissions; and THSC,
382.054 and 382.085(b) and 30 TAC 122.121 and 122.130(b),
by failing to obtain a federal operating permit; PENALTY: $17,040;
STAFF ATTORNEY: Anna Treadwell, Litigation Division, MC
175, (512) 239-0974; REGIONAL OFFICE: Houston Regional Of-
fice, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713)
767-3500.
(3) COMPANY: Harris County Fresh Water Supply District IB;
DOCKET NUMBER: 2011-0608-UTL-E; TCEQ ID NUMBER:
RN102944147; LOCATION: 1721 Jones Road, Highlands, Har-
ris County; TYPE OF FACILITY: public water utility; RULES
VIOLATED: TWC, 13.1395(b) and 30 TAC 290.39(o)(1) and
291.162(a) and (j), by failing to submit to the executive director
for approval by the required deadline, an adoptable Emergency
Preparedness Plan that demonstrates the facility's ability to provide
emergency operations; PENALTY: $262; STAFF ATTORNEY: Eliz-
abeth Lieberknecht, Litigation Division MC 175, (512) 239-0620;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street,
Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(4) COMPANY: McJunkin Red Man Corporation f/k/a Labarge Pipe
& Steel Company; DOCKET NUMBER: 2011-2206-MWD-E; TCEQ
ID NUMBER: RN102045564; LOCATION: 400 South Sheldon
Road, approximately 3,100 feet south of Interstate Highway 10,
near the southwest side of Cactus property, Channelview, Harris
County; TYPE OF FACILITY: wastewater treatment facility; RULES
VIOLATED: 30 TAC 305.125(1) and (17) and 319.7(d), and Texas
Pollutant Discharge Elimination System (TPDES) Permit Number
WQ0014700001, Monitoring and Reporting Requirements Number 1,
by failing to timely submit monitoring results at the intervals specified
in the permit; 30 TAC 305.125(1) and (17) and TPDES Permit
Number WQ0014700001, Sludge Provisions, by failing to timely
submit the annual sludge report for the monitoring period ending July
31, 2010, by September 1, 2010; PENALTY: $714; STAFF ATTOR-
NEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street,
Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(5) COMPANY: NABIHA ENTERPRISES, L.L.C. d/b/a Boyd Pit
Stop; DOCKET NUMBER: 2012-0118-PST-E; TCEQ ID NUMBER:
RN101908267; LOCATION: 108 South Allen Street, Boyd, Wise
County; TYPE OF FACILITY: underground storage tank (UST)
system and a convenience store with retail sales of gasoline; RULES
VIOLATED: TWC, 26.3475(c)(1) and 30 TAC 334.50(b)(1)(A),
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 TWC, 26.3475(a) and 30 TAC 334.50(b)(2), by failing to
provide proper release detection for the product piping associated
with the UST system; PENALTY: $2,624; STAFF ATTORNEY: Mike
Fishburn, Litigation Division, MC 175, (512) 239-0635; REGIONAL
OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Niranjan S. Patel d/b/a Aldine Express; DOCKET
NUMBER: 2011-2015-PST-E; TCEQ ID NUMBER: RN102431038;
LOCATION: 4203 Aldine Mail Road, Houston, Harris County; TYPE
OF FACILITY: underground storage tank (UST) system and a con-
venience store with retail sales of gasoline; RULES VIOLATED: 30
TAC 37.815(a) and (b), by failing to demonstrate acceptable finan-
cial assurance for taking corrective action and for compensating third
parties for bodily injury and property damage caused by accidental
releases arising from the operation of petroleum USTs; PENALTY:37 TexReg 6962 August 31, 2012 Texas Register
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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/m1/140/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.