Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,964
6819-7008 p. ; 28 cm.View a full description of this periodical.
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when the staff has sent an executive director's preliminary report and
petition (EDPRP) to an entity outlining the alleged violations; the pro-
posed penalty; the proposed technical requirements necessary to bring
the entity back into compliance; and the entity fails to request a hear-
ing on the matter within 20 days of its receipt of the EDPRP or requests
a hearing and fails to participate at the hearing. Similar to the proce-
dure followed with respect to Agreed Orders entered into by the execu-
tive director of the commission, in accordance with Texas Water Code
(TWC), 7.075 this notice of the proposed order and the opportunity to
comment is 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. The commission will consider any writ-
ten comments received and the commission may withdraw or withhold
approval of a DO if a comment discloses facts or considerations that
indicate that consent to the proposed DO 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 DO is not required
to be published if those changes are made in response to written com-
ments.
A copy of each proposed DO 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 the
DO should be sent to the attorney designated for the DO 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 commission's attorneys are available to discuss
the DOs and/or the comment procedure at the listed phone numbers;
however, 7.075 provides that comments on the DOs shall be submit-
ted to the commission in writing.
(1) COMPANY: Glenn E. Galloway; DOCKET NUMBER:
2012-0645-PST-E; TCEQ ID NUMBER: RN101738714; LOCA-
TION: 13868 Old Sour Lake Road, Beaumont, Jefferson County;
TYPE OF FACILITY: property with an underground storage tank
(UST) system; RULES VIOLATED: 30 TAC 334.54, by failing to
temporarily remove from service a UST system for which the normal
operation and use of the UST system is deliberately, but temporarily,
discontinued for any reason; and 30 TAC 334.7(d)(3), by failing to
notify the agency of any change or additional information regarding
the USTs within 30 days of the occurrence of the change or addition;
PENALTY: $9,187; 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.
(2) COMPANY: Richard Valadez d/b/a Rocking V Hides and Skins;
DOCKET NUMBER: 2012-0316-IHW-E; TCEQ ID NUMBER:
RN106218290; LOCATION: northwest corner of North Clarkwood
and Agnes Streets, Corpus Christi, Nueces County; TYPE OF FACIL-
ITY: animal hide curing and preserving facility; RULES VIOLATED:
30 TAC 335.2(b), by failing to prevent the disposal of industrial
solid waste or municipal hazardous waste at an unauthorized facility;
PENALTY: $6,078; STAFF ATTORNEY: Peipey Tang, Litigation
Division, MC 175, (512) 239-0654; REGIONAL OFFICE: Corpus
Christi Regional Office, NRC Building, Suite 1200, 6300 Ocean
Drive, Unit 5839, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(3) COMPANY: SCHOPPE AUTO SUPPLY, INC.; DOCKET NUM-
BER: 2011-1401-MLM-E; TCEQ ID NUMBER: RN101670842;
LOCATION: 1422 Avenue B, Somerville, Burleson County; TYPE
OF FACILITY: auto repair shop; RULES VIOLATED: 30 TAC328.56(d)(2), 328.59(b)(1), and 328.60(a), by failing to obtain a
scrap tire storage site registration for the facility prior to storing more
than 500 used or scrap tires on the ground; 30 TAC 330.15(c), by
failing to prevent the unauthorized disposal of municipal solid waste;
and 40 Code of Federal Regulations, 279.22(d) and 30 TAC 324.1
and 324.4(1), by failing to prevent the unauthorized discharge of
used oil; PENALTY: $6,562; 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.
TRD-201204427
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: August 21, 2012
Notice of Opportunity to Comment on Shutdown/Default
Orders of Administrative Enforcement Actions
The Texas Commission on Environmental Quality (TCEQ or com-
mission) staff is providing an opportunity for written public comment
on the listed Shutdown/Default Orders (S/DOs). Texas Water Code
(TWC), 26.3475 authorizes the commission to order the shutdown of
any underground storage tank (UST) system found to be noncompliant
with release detection, spill and overfill prevention, and/or, after De-
cember 22, 1998, cathodic protection regulations of the commission,
until such time as the owner/operator brings the UST system into com-
pliance with those regulations. The commission proposes a Shutdown
Order after the owner or operator of a UST facility fails to perform re-
quired corrective actions within 30 days after receiving notice of the
release detection, spill and overfill prevention, and/or, after December
22, 1998, cathodic protection violations documented at the facility. The
commission proposes a Default Order when the staff has sent an ex-
ecutive director's preliminary report and petition (EDPRP) to an entity
outlining the alleged violations; the proposed penalty; and the proposed
technical requirements necessary to bring the entity back into compli-
ance; and the entity fails to request a hearing on the matter within 20
days of its receipt of the EDPRP or requests a hearing and fails to par-
ticipate at the hearing. In accordance with TWC, 7.075, this notice of
the proposed order and the opportunity to comment is 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.
The commission will consider any written comments received and the
commission may withdraw or withhold approval of a S/DO if a com-
ment discloses facts or considerations that indicate that consent to the
proposed S/DO 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 accor-
dance with the commission's regulatory authority. Additional notice of
changes to a proposed S/DO is not required to be published if those
changes are made in response to written comments.
Copies of each of the proposed S/DO is available for public inspection
at both the commission's central office, located at 12100 Park 35 Cir-
cle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and
at the applicable regional office listed as follows. Written comments
about the S/DO shall be sent to the attorney designated for the S/DO
at the commission'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. Written comments may also be sent by facsimile machine to the
attorney at (512) 239-3434. The commission attorneys are available to
discuss the S/DOs and/or the comment procedure at the listed phone37 TexReg 6964 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/m1/142/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.