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Calendar of Public Meetings and Hearings on Permitting Cases

Listing of all upcoming public meetings, notice and comment hearings, informal public hearings, and contested case hearings on permitting applications.

Please Note

Date Applicant Name Type of Meeting or Hearing Permit Number SOAH Docket Number
03/10/2010 East Texas Precast Co., Ltd. Contested Case Hearing 86593 582-10-2070
03/10/2010 Republic Waste Services of Texas, Ltd. Contested Case Hearing 2356 582-10-2069
03/11/2010 Conners Construction, Inc. Public Meeting 87730L001 --
03/23/2010 Fannett Sewer Service and Water Supply Corporation Contested Case Hearing WQ0014867001 582-10-2083
04/06/2010 Two Sisters Dairy, LLC Contested Case Hearing WQ0004866000 582-10-1567
04/20/2010 Aggregate Industries - WCR, Inc. Contested Case Hearing 83755 582-10-2489

Please Note

With few exceptions, the meetings and hearings on this page have been requested by the public for the specific purpose of debating permitting issues, such as whether a facility should be allowed to obtain, renew, or amend a Texas Pollutant Discharge Elimination System, New Source Review, or Municipal Solid Waste permit at a specific location.

All of the meetings are arranged and conducted by the TCEQ's Office of Public Assistance (OPA), which was charged on September 30, 1996, with providing the public access to information--including the right to request meetings and hearings--on most permitting applications handled by the TCEQ. Most of the hearings, however, are arranged and conducted by the State Office of Administrative Hearings (SOAH), which was created expressly for that purpose.

This calendar only lists meetings and contested case hearings on permitting cases. In addition, the SOAH hearings in this calendar only announce the first notice, or preliminary hearing date, of a case, and are posted purely as a courtesy to our customers. For information on subsequent SOAH hearings, contact the Office of the Public Interest Counsel at 512/239-6363, or SOAH at the number listed below.

Follow these links to find information about TCEQ commission agendas, commission work sessions, the executive director's agenda, and public hearings for proposed rules; or SOAH hearings Exit the TCEQ on rate cases, Certificates of Convenience and Necessity (CCN), enforcement matters, and contract disputes.

If you have questions about a specific hearing or meeting, please call the contact person listed on the hearing or meeting notice. If you have general questions about this calendar, please call OPA (1-800-687-4040 within Texas). Alternatively, you may call Kathy Beyer (512/239-1486) for questions about MSW registrations and all other permits.

SOAH may be reached by phone (512/475-4993), by E-mail (feedback@soah.state.tx.us), or on the Web (www.soah.state.tx.us). Exit the TCEQ

Persons with disabilities who plan to attend an OPA meeting or SOAH hearing and who need special accommodations should call OPA (1-800-687-4040) or 1-800-RELAY-TX (TDD) at least one week prior to the event.

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DATE and TIME TCEQ REGION DESCRIPTION
March 10, 2010
10:00 a.m.
12 Contested Case Hearing

NOTICE OF HEARING
EAST TEXAS PRECAST CO., LTD.
SOAH Docket No. 582-10-2070
TCEQ Docket No. 2009-1691-AIR
Proposed Registration No. 86593

APPLICATION. East Texas Precast Co., Ltd., P.O. Box 579, Waller, Texas 77484-0579, has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit for a Concrete Batch Plant Registration Number 86593, which would authorize construction of a concrete batch plant under Title Texas Administrative Code § 116.611 (30 TAC § 116.611) at 44855 Old Houston Highway, Hempstead, Waller County, Texas. The proposed facility will emit the following air contaminants: particulate matter including (but not limited to) aggregate, cement, road dust, and particulate matter less than 10 microns in diameter.

The TCEQ executive director has completed the technical review of the application and determined that the application meets all of the requirements of a Standard Permit authorized by 30 TAC § 116.611 which would establish the conditions under which the facility must operate. The TCEQ Executive Director has made a preliminary decision to issue the permit because it meets all rules and regulations. The permit application, Executive Director's preliminary decision, and standard permit will be available for viewing and copying at the TCEQ Central Office, the TCEQ Houston Regional Office, and at the Waller County Library, 2331 11th Street, Hempstead, Waller County, Texas. The facility's compliance file, if any exists, is available for public review at the Texas Commission on Environmental Quality Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas.

CONTESTED CASE HEARING. The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

10:00 a.m. – March 10, 2010
Prairie View City Hall
Council Chambers
44500 Business 290
Prairie View, Texas 77446

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on December 17, 2009. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with the Chapter 2001, Texas Government Code; Chapter 382, Texas Health and Safety Code; TCEQ rules including 30 Texas Administrative Code (TAC) Chapter 106, Subchapters A and B; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

As directed by the Commission, the Administrative Law Judge (ALJ) will make a determination as to whether Esel Bell, Marshall Brown, Luther Francis, or Clifton and Hazel Gilliard are affected persons in accordance with the distance requirements of Texas Clean Air Act §382.058(c). The ALJ shall not consider any other individuals or persons for purposes of standing when making this determination. Information concerning hearing procedures and public participation in the hearing may be obtained by contacting Blas Coy, Public Interest Counsel, Mail Code 103, P.O. Box 13087, Austin, Texas 78711-3087, or by telephone at (512) 239-6363.

INFORMATION. If you need more information about the hearing process for this application, please call the Office of Public Assistance, Toll Free, at 1-800-687-4040. General information regarding the TCEQ can be found at www.TCEQ.state.tx.us.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at 512-475-3445, at least one week prior to the hearing.

Further information may also be obtained from East Texas Precast Co., Ltd., at the address stated above or by calling Mr. Charles Firth, P.E., AARC Environmental, Inc., at 713-974-2272.

Issued: January 11, 2010

LaDonna Castañuela, Chief Clerk
Texas Commission on Environmental Quality

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DATE and TIME TCEQ REGION DESCRIPTION
March 10, 2010
10:00 a.m.
4 Contested Case Hearing

AMENDED NOTICE OF HEARING
(To correct date of hearing and add the facility and TCEQ addresses.)
REPUBLIC WASTE SERVICES OF TEXAS, LTD.
SOAH Docket No. 582-10-2069
TCEQ Docket No. 2009-2058-MSW
Proposed Permit No. 2356

APPLICATION. Republic Waste Services of Texas, Ltd., 1212 Harrison Avenue, Arlington, Texas 76011, has applied to the Texas Commission on Environmental Quality (TCEQ) 12100 Park 35 Circle, Austin, Texas, 78753, for a permit to authorize construction and operation of a Type V Municipal Solid Waste transfer station. The facility is proposed to be located on the west side of Nu Energy Drive approximately 0.3 mile southwest of the intersection of Interstate Highway 20 and Nu Energy Drive near the City of Aledo in Parker County, Texas 76008.

The TCEQ executive director has prepared a draft permit plan which, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director’s preliminary decision, and draft permit are available for viewing and copying at East Parker County Library, 201 North FM 1187, Aledo, Parker County, Texas 76008.

DIRECT REFERRAL. The Notice of Application and Preliminary Decision was published on September 28, 2009. On December 16, 2009, the Applicant filed a request for direct referral to the State Office of Administrative Hearings (SOAH). Therefore, the chief clerk has referred this application directly to SOAH for a hearing on whether the application complies with all applicable statutory and regulatory requirements.

CONTESTED CASE HEARING. The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

10:00 a.m. – March 10, 2010
Aledo Community Center
104 Robinson Court
Aledo, Texas 76008

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 361, Texas Health and Safety Code; TCEQ rules including 30 Texas Administrative Code (TAC) Chapter 330; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155.

To request to be a party, you must attend the hearing and show you would be adversely affected by the application in a way not common to members of the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate at the hearing.

INFORMATION. If you need more information about the hearing process for this application, please call the Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.TCEQ.state.tx.us.

Further information may also be obtained from Republic Waste Services of Texas, Ltd. at the address stated above or by calling Mr. Nicholas Stefkovich at 817-317-2000.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at 512-475-3445, at least one week prior to the hearing.

Issued: January 27, 2010

LaDonna Castañuela, Chief Clerk
Texas Commission on Environmental Quality

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DATE and TIME TCEQ REGION DESCRIPTION
March 11, 2010
7:00 p.m.
9 Public Meeting

NOTICE OF PUBLIC MEETING ON AN APPLICATION FOR
PROPOSED AIR QUALITY PERMIT

PROPOSED PERMIT NUMBER 87730L001

APPLICATION. Conners Construction, Inc., dba Conners Crushed Stone & Materials Co., 2513 U.S. Highway 77, Lott, Texas 76656-3595, has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of Air Quality Permit Number 87730L001, which would authorize construction of a Rock Crushing Facility located on the east and west side of County Road 246 approximately 3/4-mile north of Farm-to-Market Road 413, Kosse, Falls County, Texas 76653. The proposed facility will emit the following air contaminants: particulate matter including particulate matter less than 10 microns in diameter, organic compounds, nitrogen oxides, sulfur dioxide, and carbon monoxide.

The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The TCEQ Executive Director has made a preliminary decision to issue the permit because it meets all rules and regulations.

PUBLIC COMMENT/PUBLIC MEETING. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. During the Informal Discussion Period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the application. However, informal comments made during the Informal Discussion Period will not be considered by the TCEQ Commissioners before reaching a decision on the permit and no formal response will be made to the informal comments. During the Formal Comment Period, members of the public may state their formal comments into the official record. A written response to all formal comments will be prepared by the Executive Director and considered by the Commissioners before they reach a decision on the permit. A copy of the response will be sent to each person who submits a formal comment or who requested to be on the mailing list for this application and provides a mailing address. Only relevant and material issues raised during the formal comment period can be considered if a contested case hearing is granted.

The Public Meeting is to be held:
Thursday, March 11, 2010 at 7:00 p.m.
St. Joseph’s Hall
311 Oaks Street
Marlin, Texas 76661

INFORMATION. Citizens are encouraged to submit written comments anytime during the meeting or by mail before the meeting to the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, TX 78711-3087 or electronically at http://www.tceq.state.tx.us/about/comments.html. If you need more information, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea información en Español, puede llamar 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us

The permit application, TCEQ Executive Director’s preliminary decision, and draft permit will be available for viewing and copying at the TCEQ central office located at 12100 Park 35 Circle, Building E, Room 103, Austin, Texas 78753; the TCEQ Waco regional office located at 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826; and at the Falls County Courthouse, 125 Bridge Street, Marlin, Falls County, Texas. The facility's compliance file, if any exists, is available for public review at the TCEQ Waco regional office at the address listed above. Further information may also be obtained from Conners Construction, Inc., dba Conners Crushed Stone & Materials Co., 2513 U.S. Highway 77, Lott, 76656-3595 or by calling Mr. Tristan Walker, Environmental Specialist, Westward Environmental, Inc., at (830) 249-8284.

Issued: February 22, 2010

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DATE and TIME TCEQ REGION DESCRIPTION
March 23, 2010
10:00 a.m.
10 Contested Case Hearing

NOTICE OF HEARING
FANNETT SEWER SERVICE AND WATER SUPPLY CORPORATION
SOAH Docket No. 582-10-2083
TCEQ Docket No. 2009-0363-MWD
Proposed Permit No. WQ0014867001

APPLICATION. Fannett Sewer Service and Water Supply Corporation, P.O. Box 22285, Beaumont, Texas 77720, has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014867001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 120,000 gallons per day. The facility will be located 6,200 feet south of the intersection of Farm-to-Market Road 365 and Gaulding Road in Jefferson County, Texas.

The treated effluent will be discharged via pipe to Burrell Gully; thence to North Fork of Taylor Bayou; thence to Taylor Bayou above tidal in Segment No. 0701 of the Neches-Trinity Coastal Basin. The designated uses for Segment No. 0701 are intermediate aquatic life uses and contact recreation. In accordance with 30 TAC '307.5 and the TCEQ implementation procedures (January 2003) for the Texas Surface Water Quality Standards, an antidegradation review of the receiving waters was performed. A Tier I antidegredation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. This review has preliminarily determined that no water bodies with exceptional, high, or intermediate aquatic life uses are present within the stream reach assessed; therefore, no Tier 2 degradation determination is required. No significant degradation of water quality is expected in water bodies with exceptional, high, or intermediate aquatic uses downstream, and existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received.

The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) in accordance with the regulations of the Coastal Coordination Council and has determined that the action is consistent with the applicable CMP goals and policies.

The TCEQ executive director has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director’s preliminary decision, and draft permit are available for viewing and copying at the Jefferson County Precinct 4 Justice of the Peace Office, 19217 Farm-to-Market Road 365, Beaumont, Texas.

CONTESTED CASE HEARING. The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

10:00 a.m. – March 23, 2010
Jefferson County Courthouse
Commissioner’s Courtroom, 4th Floor
1149 Pearl Street
Beaumont, Texas 77701

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on December 28, 2009. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 26, Texas Water Code; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

To request to be a party, you must attend the hearing and show you would be adversely affected by the application in a way not common to members of the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate at the hearing.

INFORMATION. If you need more information about the hearing process for this application, please call the Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.TCEQ.state.tx.us.

Further information may also be obtained from Fannett Sewer Service and Water Supply Corporation at the address stated above or by calling Mr. Travis Williams, P.E., of Schaumburg & Polk, Inc., at 409-866-0341.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at 512-475-3445, at least one week prior to the hearing.

Issued: January 12, 2010

LaDonna Castañuela, Chief Clerk
Texas Commission on Environmental Quality

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DATE and TIME TCEQ REGION DESCRIPTION
April 6, 2010
9:00 a.m.
11 Contested Case Hearing

NOTICE OF HEARING
TWO SISTERS DAIRY, LLC
SOAH Docket No. 582-10-1567
TCEQ Docket No. 2009-1606-AGR
Proposed Permit No. WQ0004866000

APPLICATION. Two Sisters Dairy, LLC, 235 Private Road 1266, Hico, Texas 76457 has applied to the Texas Commission on Environmental Quality (TCEQ) for a New Texas Pollutant Discharge Elimination System (TPDES) ) Permit No. WQ0004866000, for a Concentrated Animal Feeding Operation (CAFO) to authorize the applicant to operate a new dairy cattle facility at a maximum capacity of 5,500 head, of which 4,000 head are milking cows.

The facility is located on the west side of County Road 209 approximately four miles south of the intersection of County Road 209 and US Highway 67, said intersection is located seven miles east of Stephenville in Erath County, Texas. The facility is located in the drainage area of the North Bosque River in Segment No. 1226 of the Brazos River Basin. This permit is consistent with the requirements of the antidegradation implementation procedures in 30 TAC §307.5 (c)(2)(G) of the Texas Surface Water Quality Standards and no lowering of water quality is anticipated.

The TCEQ executive director has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director’s preliminary decision, and draft permit are available for viewing and copying at the Texas Commission on Environmental Quality Region 4, Stephenville Office, 580 D West Lingleville Road, Stephenville, Texas 76401.

CONTESTED CASE HEARING. The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

9:00 a.m. – April 6, 2010
William P. Clements Building
300 West 15th Street, 4th Floor
Austin, Texas 78701

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on November 24, 2009. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 26, Texas Water Code; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

To request to be a party, you must attend the hearing and show you would be adversely affected by the application in a way not common to members of the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate at the hearing.

INFORMATION. If you need more information about the hearing process for this application, please call the Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.TCEQ.state.tx.us.

Further information may also be obtained from Two Sisters Dairy, LLC at the address stated above or by calling Norman Mullin at 806-353-6123.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at 512-475-3445, at least one week prior to the hearing.

Issued: February 12, 2010

LaDonna Castañuela, Chief Clerk
Texas Commission on Environmental Quality

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DATE and TIME TCEQ REGION DESCRIPTION
April 20, 2010
10:00 a.m.
13 Contested Case Hearing

NOTICE OF HEARING
AGGREGATE INDUSTRIES – WCR, INC.
SOAH Docket No. 582-10-2489
TCEQ Docket No. 2009-1842-AIR
Proposed Permit No. 83755

APPLICATION. Aggregate Industries - WCR, Inc., 1707 Cole Boulevard, Suite 100, Golden, Colorado 80401, has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of an Air Quality Permit Number 83755, which would authorize construction of a Rock Crushing Plant at 5900 Farm-to-Market Road 482, New Braunfels, Comal County, Texas. The proposed facility will emit the following air contaminants: organic compounds and particulate matter including particulate matter less than 10 microns in diameter.

The TCEQ executive director has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The TCEQ Executive Director has made a preliminary decision to issue the permit because it meets all rules and regulations. The permit application, TCEQ Executive Director's preliminary decision, and draft permit will be available for viewing and copying at the TCEQ Central Office, the TCEQ San Antonio Regional Office, and at the Comal County Courthouse, 150 North Seguin Avenue, New Braunfels, Comal County, Texas, beginning the first day of publication of this notice. The facility's compliance file, if any exists, is available for public review at the Texas Commission on Environmental Quality San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas.

CONTESTED CASE HEARING. The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

10:00 a.m. – April 20, 2010
McKenna Events Center, Ballroom
801 West San Antonio Street
New Braunfels, Texas 78130

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on January 25, 2010. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with the Chapter 2001, Texas Government Code; Chapter 382, Texas Health and Safety Code; TCEQ rules including 30 Texas Administrative Code (TAC) Chapter 116, Subchapters A and B; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

To request to be a party, you must attend the hearing and show you would be affected by the application in a way not common to the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate at the hearing.

INFORMATION. If you need more information about the hearing process for this application, please call the Office of Public Assistance, Toll Free, at 1-800-687-4040. General information regarding the TCEQ can be found at www.TCEQ.state.tx.us.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at 512-475-3445, at least one week prior to the hearing.

Further information may also be obtained from Aggregate Industries - WCR, Inc., at the address stated above or by calling Mr. Gary Nicholls, P.E., Vice President, Westward Environmental, Inc., at 830-249-8284.

Issued: March 3, 2010

LaDonna Castañuela, Chief Clerk
Texas Commission on Environmental Quality

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