Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,963
6819-7008 p. ; 28 cm.View a full description of this periodical.
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$2,886; STAFF ATTORNEY: Phillip Goodwin, Litigation Division,
MC 175, (512) 239-0675; REGIONAL OFFICE: Houston Regional
Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713)
767-3500.
(7) COMPANY: Oak Valley Mobile Home Park LLC d/b/a Oak Ridge
Mobile Home Park; DOCKET NUMBER: 2012-0266-PWS-E; TCEQ
ID NUMBER: RN102676277; LOCATION: 4719 County Road 288,
Brazoria County; TYPE OF FACILITY: mobile home park with public
water system; RULES VIOLATED: 30 TAC 290.110(e)(4)(A) and
(f)(3) and 290.122(c)(2)(A), by failing to timely submit a Disinfectant
Level Quarterly Operating Report (DLQOR) to the executive director
each quarter by the tenth day of the month following the end of the
quarter and by failing to provide public notice of the failure to submit
a DLQOR to the executive director; 30 TAC 290.122(c)(2)(A), by
failing to provide public notification regarding the failure to timely
submit the results of nitrate sampling for 2010 and by failing to timely
submit the results of metal and mineral sampling for the monitoring
period from January 1, 2008 - December 31, 2010; and 30 TAC
290.110(e)(4)(A) and (f)(3), by failing to timely submit DLQOR
to the executive director each quarter by the tenth day of the month
following the end of the quarter; PENALTY: $838; STAFF ATTOR-
NEY: Ryan Rutledge, Litigation Division MC 175, (512) 239-0630;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street,
Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(8) COMPANY: RETAIL INVESTORS OF TEXAS, LTD. d/b/a
Market Basket Express 47; DOCKET NUMBER: 2012-0106-PST-E;
TCEQ ID NUMBER: RN102018637; LOCATION: 3915 Phelan
Boulevard, Beaumont, Jefferson County; TYPE OF FACILITY: under-
ground storage tank (UST) system and a convenience store with retail
sales of gasoline; RULES VIOLATED: 30 TAC 344.48(c), by failing
to conduct effective manual or automatic inventory control procedures
for all USTs involved in the retail sale of petroleum substances used as
motor fuel; TWC, 26.3475(c)(1) and 30 TAC 344.50(d)(1)(B)(ii), by
failing to conduct reconciliation of detailed inventory control records
at least once each month in a manner sufficiently accurate to detect a
release which equals or exceeds the sum of 1.0% of the total substance
flow-through for the month plus 130 gallons; Texas Health and Safety
Code (THSC), 382.085(b) and 30 TAC 115.246(4), by failing to
maintain Stage II records at the station and make them immediately
available for review upon request by agency personnel; and THSC,
382.085(b) and 30 TAC 115.245(2), by failing to verify proper
operation of the Stage II equipment at least once every 12 months
and the Stage II vapor space manifolding and dynamic back-pressure
at least once every 36 months, or upon major system replacement or
modification, whichever occurs first; PENALTY: $23,366; STAFF
ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512)
239-0675; REGIONAL OFFICE: Beaumont Regional Office, 3870
Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(9) COMPANY: SALIMA, INC. d/b/a Dairyway Store 7; DOCKET
NUMBER: 2012-0229-PST-E; TCEQ ID NUMBER: RN102928496;
LOCATION: 2854 West Davis Street, Dallas, Dallas County; TYPE
OF FACILITY: underground storage tank (UST) system and a conve-
nience store with retail sales of gasoline; RULES VIOLATED: TWC,
26.3475(d) and 30 TAC 334.49(a)(1), by failing to provide proper
corrosion protection for the UST system; PENALTY: $2,250; STAFF
ATTORNEY: Elizabeth Lieberknecht, Litigation Division MC 175,
(512) 239-0620; REGIONAL OFFICE: Dallas-Fort Worth Regional
Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
588-5800.
(10) COMPANY: SNI Corporation d/b/a Broadway Food Mart;
DOCKET NUMBER: 2011-1631-PWS-E; TCEQ ID NUMBER:
RN101252732; LOCATION: 2682 Highway 71, Columbus, ColoradoCounty; TYPE OF FACILITY: public water system; RULES VIO-
LATED: 30 TAC 290.41(c)(1)(A) and TCEQ Agreed Order Docket
Number 2004-0043-PWS-E, Ordering Provision Number 2.c., by
failing to locate the groundwater sources so there will be no danger of
pollution from unsanitary sources; and 30 TAC 290.41(c)(1)(F) and
TCEQ Agreed Order Docket Number 2004-0043-PWS-E, Ordering
Provision Number 2.d., by failing to provide a sanitary control ease-
ment for the well; PENALTY: $11,176; STAFF ATTORNEY: Peipey
Tang, Litigation Division, MC 175, (512) 239-0654; REGIONAL OF-
FICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston,
Texas 77023-1452, (713) 767-3500.
(11) COMPANY: Star Tex Gasoline & Oil Distributors, Inc.;
DOCKET NUMBER: 2011-2333-MSW-E; TCEQ ID NUMBER:
RN106264286; LOCATION: 5412 Leopard Street, Corpus Christi,
Nueces County; TYPE OF FACILITY: oil and gasoline distribution
facility; RULES VIOLATED: 30 TAC 330.15(c), by failing to
comply with the general prohibitions regarding disposal of municipal
solid waste; PENALTY: $1,125; STAFF ATTORNEY: Jim Sallans,
Litigation Division MC 175, (512) 239-2053; REGIONAL OFFICE:
Corpus Christi Regional Office, NRC Building, Suite 1200, 6300
Ocean Drive, Unit 5839, Corpus Christi, Texas 78412-5839, (361)
825-3100.
(12) COMPANY: TAHIR ENTERPRISES, INC. d/b/a Buy N Bye
Drive In; DOCKET NUMBER: 2012-0540-PST-E; TCEQ ID NUM-
BER: RN101782043; LOCATION: 1310 North Pine Street, Kountze,
Hardin 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); and 30 TAC 334.10(b), by failing to maintain
UST records and make them immediately available for inspection
upon request by agency personnel; PENALTY: $6,900; STAFF
ATTORNEY: Mike Fishburn, Litigation Division, MC 175, (512)
239-0635; REGIONAL OFFICE: Beaumont Regional Office, 3870
Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(13) COMPANY: TRISTAR CONVENIENCE STORES, INC. DBA
Handi Stop 75; DOCKET NUMBER: 2011-1241-PST-E; TCEQ ID
NUMBER: RN102446218; LOCATION: 3543 Oak Forest Drive,
Houston, Harris County; TYPE OF FACILITY: underground storage
tank (UST) system and a convenience store with retail sales of gaso-
line; RULES VIOLATED: TWC, 26.3475(a) and (c)(1) and 30 TAC
334.50(b)(1)(A) and (2), by failing to monitor the USTs at the facility
for releases at a frequency of at least once every month (not to exceed
35 days between each monitoring), and by failing to provide release
detection for the piping associated with the USTs; PENALTY: $2,679;
STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512)
239-2053; REGIONAL OFFICE: Houston Regional Office, 5425 Polk
Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
TRD-201204426
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: August 21, 2012
Notice of Opportunity to Comment on Default 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 Default Orders (DOs). The commission staff proposes a DOINADDITION August 31, 2012 37 TexReg 6963
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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/m1/141/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.