MCBEE
MARQUEZ
BAKER
AGENDA
Wednesday,
September 13, 1995
TEXAS NATURAL RESOURCE CONSERVATION
COMMISSION
9:30 a.m.
Bldg E. Room 201S
12118 N. Interstate
35
UNCONTESTED (District Matters)
Item 1. Docket
No. 94-
0683-
DIS.
CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY WEST HARRIS
COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 FOR APPROVAL OF $1,300,000 UNLIMITED
TAX BONDS, THIRD ISSUE, 6.99% NET EFFECTIVE INTEREST RATE, SERIES 1995. For
Commission consideration. Applicant requests approval of a bond issue to
finance construction of a detention pond, a drainage line extension, and water,
wastewater, and drainage facilities for two sections in the District. (Robert
Ferguson)
Approved, RM/BM
Item 2. Docket No. 95-
0560-
DIS.
CONSIDERATION OF A PROPOSED ORDER ACTING ON THE APPLICATION BY HARRIS COUNTY
MUNICIPAL UTILITY DISTRICT NO. 322 FOR APPROVAL OF $3,620,000 UNLIMITED TAX
BONDS, FOURTH ISSUE, 7.39% NET EFFECTIVE INTEREST RATE, SERIES 1995. For
Commission consideration. Applicant requests approval of a bond issue to
finance wastewater facilities serving commercial reserves; water, wastewater
& drainage facilities for Inwood Park Section 5; and master utility
district connection charges. (Robert Ferguson)
Approved,
RM/BM
UNCONTESTED (Water Utility Matter)
Item 3.
Docket No. 95-
0586-
UCR.
Consideration of the Application of James R. Tindall dba Twitty Water System
to Terminate Water Utility Service in Wheeler County, Texas. (Application #
30736-
Q,
Guillermo Zevallos)
Approved, RM/BM
UNCONTESTED (Appointment
to Board of Irrigators)
Item 4. Docket No. 95-1281-IRR.
Consideration for appointment, an individual to fill an expired vacancy on the
Texas Irrigators Advisory Council. The purpose of this council is to advise
the Texas Natural Resource Conservation Commission on matters regarding the
administration of the Landscape Irrigator and Installer Licensure Program,
Senate Bill 2. (Doretta A. Conrad)
Approve Staff Recommendation,
JB/RM
UNCONTESTED (Examiners Memorandum)
Item 5.
Docket No. 95-
0306-
UCR.
Consideration of Examiner's memorandum and Order concerning the petition of out-
of-
city
ratepayers concerning the rate increase of the City of Quinlan, CCN No. 10925
in Hunt County, Texas Recommendation: Dismissal of Petition. (Sylvia
McClellan)
Adopt Examiner's Memorandum and Issue Order,
RM/JB
CONTESTED (Petroleum Storage Tank Enforcement)
Item
6. Docket No. 95-
1293-
PST-
E.
Consideration of a TNRCC Agreed Order for violations of 30 Texas
Administrative Code Section 334.50(b) assessing administrative penalties and
requiring certain actions of Gaines County Airport; Enforcement Identification
No. E10810. (William C. Foster)
Issue Agreed Order,
BM/RM
CONTESTED (Air Quality Enforcement)
Item 7.
Docket No. 95-
1145-
AIR-
E.
Consideration of a TNRCC Agreed Order requiring certain actions of Pride
Refining, Inc.; Account No. JI-
0025-
D,
for Air Quality violations. (Greg Warmink)
Issue Agreed Order,
RM/JB
Item 8. Docket No. 95-
1153-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of Century Auto Sales; Account No. DB-
2149-
V,
for Air Quality violations. (Peter Gregg)
Issue Agreed Order,
RM/JB
Item 9. Docket No. 95-
1124-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of Woodlake Motors, Inc.; Account No. MQ-
0449-
T,
for Air Quality violations. (Peter Gregg)
Issue Agreed Order,
RM/JB
Item 10. Docket No. 95-
1122-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of J & S Auto Sales; Account No. DB-
1921-
K,
for Air Quality violations. (Peter Gregg)
Issue Agreed Order, RM/JB
Item 11. Docket No. 95-
0761-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of Jim Franklin Auto Sales; Account No. EE-
1583-
E,
for Air Quality violations. (Peter Gregg)
Issue Agreed Order,
RM/JB
Item 12. Docket No. 95-
1141-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of Jimmy's Cars, Trucks, Etc.; Account No. WN-
0152-
N,
for Air Quality violations. (Peter Gregg)
Issue Agreed Order,
RM/JB
Item 13. Docket No. 95-
1123-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of North Texas Auto Brokers; Account No. DF-
0301-
J,
for Air Quality violations. (Aaron DePass)
Issue Agreed Order,
RM/JB
Item 14. Docket No. 95-
1144-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of Texas Petrochemicals Corporation; Account No. HG-
0562-
P,
for Air Quality violations. (Walter Ehresman).
Issue Agreed Order, RM/JB
Item 15. Docket
No. 95-
1143-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of Trinity Industries; Account No. TA-
0539-
N,
for Air Quality violations. (Walter Ehresman)
Issue Agreed Order,
RM/JB
Item 16. Docket No. 95-
1120-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of Chevron Pipe Line Company; Account No. JE-
0043-
W,
for Air Quality violations. (Lisa Uselton Dyar)
Issue Agreed Order,
RM/JB
Item 17. Docket No. 95-
1121-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of Elf Atochem North America, Inc.; Account No. BM-
0027-
0,
for Air Quality violations. (Peter Gregg)
Issue Agreed Order,
RM/JB
Item 18. Docket No. 95-
1152-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of Georgia-
Pacific
Resins, Incorporated; Account No. AC-
0011-
N,
for Air Quality violations. (Paul Sarahan)
Issue Agreed Order,
RM/JB
Item 19. Docket No. 95-
1119-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of City of Carthage; Account No. PB-
0005-
H,
for Air Quality violations. (Paul Sarahan)
Issue Agreed Order,
RM/JB
Item 20. Docket No. 95-
1142-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of Stan Trans, Inc.; Account No. GB-
0005-
J,
for Air Quality Violations. (Greg Warmink)
Issue Agreed Order,
RM/JB
Item 21. Docket No. 95-
1154-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of J.H. Strain & Sons, Inc.; Account No. 90-
0218-
B,
for Air Quality violations. (Thomas Corwin)
Issue Agreed Order,
RM/JB
Item 22. Docket No. 95-
1118-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of Baker Performance Chemical, Inc.; Account No. LH-
0005-
J,
for Air Quality violations. (William Foster)
Issue Agreed Order,
RM/JB
Item 23. Docket No. 95-
1117-
AIR-
E.
Consideration of a TNRCC Agreed Order assessing administrative penalties and
requiring certain actions of Austin Bridge & Road, Inc.; Account No. DB-
0072-
W,
for Air Quality violations. (William Foster)
Issue Agreed Order,
RM/JB
Item 24. Docket No. 95-1342-AIR. Consideration of Agreed
Order regarding Amoco Production Company's reductions in emissions at the Old
Ocean facility in Brazoria County, Texas resulting from the shutdown of
emission points and addition of control equipment. (Roseanne Kaysen/Kerri
Rowland)
Issue Agreed Order, RM/BM
CONTESTED (Agricultural Enforcement)
Item 25. Docket No.
95-1341-AGR. Consideration of a Petition for Suspension of permit no.
01296 Craig Silverthorne dba Plainview Feedyard filed by the Executive Director
of the Texas Natural Resource Conservation Commission and of a Petition for
Revocation of permit no. 01296 Craig Silverthorne dba Plainview Feedyard filed
by affected persons. (Gene Snelson)
Remand to State Office
Administrative Hearings, BM/RM
CONTESTED (State Implementation
Plan)
Item 26. Docket No. 95-
0785-
SIP.
Consideration for adoption of amendments to the State Implementation Plan,
concerning the carbon monoxide attainment demonstration for El Paso as
conducted under Section 818 of the 1990 Federal Clean Air Act Amendments.
(Beecher Cameron).
Approve Staff Recommendation,
JB/RM
(Hearing Denial)
Item 27. Docket No. 95-
1189-
AIR.
Consideration of North Texas Cement Company's application for Air Quality
Permit Nos. 4791A, 4791B, 4791C. Recommendation: Denial of hearing request.
(Bill Ehret)
Deny Hearing Request, RM/BM
CONTESTED
(Rule)
Item 28. Docket No. 95-
1297-
RUL.
Consideration for adoption of a new 30 TAC Chapter 332, concerning Composting;
and amendment of 30 TAC Chapter 335, Subchapter A, Section 335.2, concerning
Industrial Solid Waste and Municipal Hazardous Waste in General. The proposed
rule was published in 20 TEX.REG. 4465 (June 20, 1995) and 20 TEX.REG. 4535 (
June 23, 1995). (Clark Talkington).
Abate and Remand to Staff,
BM/JB
Item 29. Docket No. 95-1238-RUL. Consideration for
adoption of amendments to 30 TAC Chapter 312, Subchapter A, General Provisions,
Subchapter B, Land Application for Beneficial use and Storage at Beneficial Use
Sites, Subchapter C, Surface Disposal, Subchapter D, Pathogen and Vector
Attraction Reduction, and Subchapter F, Disposal of Water Treatment Sludge. If
approved the rules will regulate sewage sludge use and disposal, water
treatment sludge disposal, and transportation of sewage sludge, water treatment
and similar waste. The proposal of these rules was published in the May 5,
1995 issue of the Texas Register (20 TexReg 3295). (Tom Weber)
Adopt
Rules, with changes as recommended by Commissioners, RM/JB
EXECUTIVE
SESSION
Item 30. Docket No. 95-1344-EXE. THE COMMISSION WILL
MEET IN EXECUTIVE SESSION TO DISCUSS PENDING OR CONTEMPLATED LITIGATION,
SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION,
REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES,
as permitted by GOV'T CODE, Sections 551.071 and 551.074, the Open Meetings
Act. No final action, decision or vote with regard to any matter considered in
closed session shall be made in the absence of further notice issued in
accordance with Chapter 551 of the Government Code.
General Counsel will
do certified agenda
Item 31. Docket No. 95-1345-EXE.
COMMISSIONERS WILL MEET IN EXECUTIVE SESSION TO DISCUSS THEIR DUTIES,
ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC UNDER GOV'T CODE,
SECTION 551.074, the Open Meetings Act. No final action, decision or vote with
regard to any matter considered in closed session shall be made in the absence
of further notice issued in accordance with Chapter 551 of the Government
Code.
General Counsel will do certified agenda
Item 32. Docket
No. 95-1354-EXE. The Texas Natural Resource Conservation Commission will
meet in closed session to discuss (1) the following pending litigation:
Tejas Testing Technology One, L.C. and Tejas Testing Technology Two, L.C. v.
Texas Natural Resource Conservation Commission, John Hall, Ralph Marquez, Pam
Reed, Dan Pearson, Dan Morales and the Texas Department of Public Safety,
Cause No. 95-05307, in the State District Court of Travis County, Texas, and
(2) legal matters with respect to the contracts between the TNRCC and Tejas
Testing Technology One, L.C., and MARTA Technologies, Inc. The authority for
the closed session is Section 551.071 of the Open Meetings Act, Chapter 551 of
the Government Code. The Act requires the Commission to reconvene in open
session prior to taking any vote or making any decision. The Commission may
meet in open session to take official action concerning these matters,
including action on the contracts.
Continued to September 20,
1995
PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC AGENDA
AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS
WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE
REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-
3317
AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT APPROPRIATE
ARRANGEMENTS CAN BE MADE.)
REGISTRATION FOR AGENDA STARTS AT 8:45
A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION
COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR
ITEM.
ADDENDUM TO AGENDA
Wednesday, September 13, 1995
TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Bldg E. Room 201S
12118
N. Interstate 35
Item 33. Docket No. 95-1183-MSW.
Consideration of a proposed regional solid waste management plan submitted
by the Deep East Texas Council of Governments. Regional solid waste management
plans are required by the Texas Health and Safety Code, Chapter 363
(Comprehensive Municipal Solid Waste Management, Recovery, and Conservation
Act, 1990). (Lynne Haase)
Approve Solid Waste Management Plan as
Recommended, RM/BM
Item 34. Docket No. 95-1327-PST-E.
Consideration of a TNRCC Agreed Order for violations of 30 Texas Administrative
Code Section 334.50 (b) assessing administrative penalties and requiring
certain actions of Metro Fuel, Inc., Enforcement Identification No. E10812.
(William C. Foster).
Issue Agreed Order, BM/RM
OLD BUSINESS
AGENDA
Wednesday, September 13, 1995
TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION
9:30 a.m.
Bldg E. Room 201S
12118 N.
Interstate 35
Item carried forward from Agenda of September 6,
1995.
Item 1. Docket No. 94-
0643-
DIS.
CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY CIRCLE C
MUNICIPAL UTILITY DISTRICT NO. 3 FOR APPROVAL OF $2,750,000 UNLIMITED TAX AND
REVENUE BONDS, SECOND ISSUE, 8.20% NET EFFECTIVE INTEREST RATE, SERIES 1995.
For Commission consideration. Applicant requests approval of a bond issue to
finance water facilities for Slaughter Lane -
Brodie Tract; water and wastewater facilities for Slaughter Lane -
FM 1826 to Mopac; Circle C North Dam drainage facilities; Middle Collector
wastewater facilities; and water, wastewater and drainage facilities for Circle
C, Phase B, Sections 5 & 6. (Robert Ferguson)
Remand to Executive
Director, RM/JB
Item carried forward from Agenda of September 6,
1995.
Item 2. Docket No. 95-
0789-
AGR-
E.
Consideration of an Agreed Order Assessing Administrative Penalties and
Requiring Certain Actions of Grand Canyon Dairy, Permit No. 02950 for violating
Section 26.121 of the Texas Water Code, and Permit No. 02950. (Kathy
Keils/Claudia Chaffin)
Issue Agreed Order, RM/JB