MARQUEZ
BAKER AGENDA
Wednesday, December 20, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35
UNCONTESTED (Class 3 Mod to Hazardous Waste Permit)
Item 1. Docket No. 95-1696-IHW. Consideration of an application by GATX TERMINALS CORPORATION for a Class 3 permit modification to Permit No. HW-50054 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial solid waste facility for closure and post-closure care of hazardous wastes. The permit modification will authorize the following: (1) temporary conversion of an existing, inactive surface impoundment to a corrective action management unit; (2) a temporary container storage area; (3) addition of new waste descriptions, waste classes, and waste codes; and (4) miscellaneous changes/updates. The facility is located at 906 Clinton Drive in Galena Park, Harris County, Texas. (Kari Bourland)
Issue Class 3 Modification, RM/JB
CONTESTED (Hearing Request)
Item 2. Docket No. 95-1699-MSW. CONSIDERATION OF AN APPLICATION BY BROWNING-FERRIS, INC.(Tessman Road Landfill) for an amendment to Municipal Solid Waste Permit No. MSW1410-B. The facility is located at 7790 Tessman Road, approximately two (2) miles south of the intersection of Farm to Market Road 1516 and IH 10 East at the Termination of Tessman Road in the City of San Antonio, Bexar County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.
Remand to State Office Administrative Hearing to Determine Validity of hearing request of Mary Ann Freitag, and Betty J. Dzierzanowski and all other request are denied, RM/BM
CONTESTED (Motions for Reconsideration)
Item 3. Docket No. 95- 1694- SLG. Commission will consider Motions for Reconsideration on a Beneficial Land Application (Registration Number 710718), issued by the Executive Director to Douglas M. Yarborough on September 1, 1995. (Sreenivasula Magunta)
Remand to State Office Administrative Hearing, RM/BM
CONTESTED (Municipal Solid Waste Enforcement)
Item 4. Docket No. 95- 1690- MSW- E. Consideration of an Agreed Order requiring certain actions of Bill Miller d.b.a. Miller Construction Company in Smith County; Unauthorized Solid Waste Site No. 35323; for municipal solid waste violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Piza/Shepherd)
Issue Agreed Order, RM/JB
CONTESTED (Public Water Supply Enforcement)
Item 5. Docket No. 95- 0940- PWS- E. Consideration of an agreed order assessing administrative penalties and requiring certain actions of the City of Edcouch in Hidalgo County; PWS NO. 1080003; for public water system violations pursuant to the Texas Health and Safety Code, Chapter 341, Subchapter C and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry, Dorothy Young)
Issue Agreed Order, RM/JB
CONTESTED (Industrial Hazardous Waste Enforcement)
Item 6. Docket No. 95- 0806- IHW- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lubbock Electrocoating, Inc., Von Kimball, and Robert Paulger in Lubbock County; SWR No. 52129 for industrial and hazardous waste violations pursuant to the Texas Health and Safety Code, the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Ann D. Foster/Pat Bobeck).
Issue Agreed Order, RM/JB
CONTESTED (Petroleum Storage Tank Enforcement)
Item 7. Docket No. 95- 1644- PST- E. Consideration of a TNRCC Agreed Order, pursuant to Texas Water Code Section 26.136 for violations of 30 Texas Administrative Code Chapter 334 pertaining to petroleum storage tanks, assessing administrative penalties and requiring certain actions of Star Enterprise, Harris County; PST Enforcement Identification No. 1200008. (Craig Carson)
Issue Agreed Order, RM/JB
Item 8. Docket No. 95- 1643- PST- E. Consideration of a TNRCC Agreed Order, pursuant to Texas Water Code Section 26.136 for violations of 30 Texas Administrative Code Chapter 334 pertaining to petroleum storage tanks, assessing administrative penalties and requiring certain actions of Ms. Beatrice Gressett, Harris County; PST Enforcement Identification No. 1200007. (Craig Carson)
Issue Agreed Order, RM/JB
Item 9. Docket No. 95- 1650- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of LaGrange Petroleum, Inc. in Fayette County; PST Enforcement Identification No. E10996; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)
Issue Agreed Order, RM/JB
Item 10. Docket No. 95- 1653- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Circle K Corporation in Llano County; PST Enforcement Identification No. E10963; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)
Issue Agreed Order, RM/JB
Item 11. Docket No. 95- 1654- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Jose Galarza in Cameron County; PST Enforcement Identification No. E11248; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)
Issue Agreed Order, RM/JB
Item 12. Docket No. 95- 1655- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Waco Grain Storage, Inc. in Hill County; PST Enforcement Identification No. E11214; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)
Issue Agreed Order, RM/JB
Item 13. Docket No. 95- 1508- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Schleicher County in Schleicher County; PST Enforcement Identification No. E10983; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mark D. Norman/Kelly Mccollum)
Issue Agreed Order, RM/JB
Item 14. Docket No. 95- 1509- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Gary Farris in Llano County; PST Enforcement Identification No. E11049; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mark D. Norman)
Issue Agreed Order, RM/JB
Item 15. Docket No. 95- 1458- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Burgess Marketing in Anderson County; PST Enforcement Identification No. E10591; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mark D. Norman)
Issue Agreed Order, RM/JB
Item 16. Docket No. 95- 1458- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Burgess Marketing in Anderson County; PST Enforcement Identification No. E10591; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mark D. Norman)
No Action Required, Submitted in Error
Item 17. Docket No. 95- 1656- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hoffer Drive In in Lavaca County; PST Enforcement Identification No. E11021; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Lopez)
Issue Agreed Order, RM/JB
Item 18. Docket No. 95- 1657- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ranparr, Inc. in Dallas County; PST Enforcement Identification No. E10537; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Lopez)
Issue Agreed Order, RM/JB
Item 19. Docket No. 95- 1645- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Khanh Q. Le in Harris County; PST Enforcement Identification No. 1200010; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, RM/JB
Item 20. Docket No. 95- 1658- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Genaro Hernandez in Cameron County; PST Enforcement Identification No. E11094; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Lopez)
Issue Agreed Order, RM/JB
Item 21. Docket No. 95- 1659- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Guadalupe Valley Electric Cooperative, Incorporated in Gonzales County; PST Enforcement Identification No. E10975; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Lopez)
Issue Agreed Order, RM/JB
Item 22. Docket No. 95- 1669- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Irby Oil Company in Runnels County; PST Enforcement Identification No. E10945; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)
Issue Agreed Order, RM/JB
Item 23. Docket No. 95- 1670- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Irby Oil Company in Runnels County; PST Enforcement Identification No. E10946; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136 and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)
Issue Agreed Order, RM/JB
Item 24. Docket No. 95- 1671- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Irby Oil Company in Runnels County; PST Enforcement Identification No. E10947; for petroleum storage tank violations pursuant to the Texas Water Code, Section 23.136, and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)
Issue Agreed Order, RM/JB
Item 25. Docket No. 95- 1695- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hicks Oil & Butane Co. in Cameron County; Enforcement Identification No. E10901; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Paul Sarahan/Mick Wilson).
Issue Agreed Order, RM/JB
Item 26. Docket No. 95- 1647- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Robert Kaiser in Harris County; PST Enforcement Identification No. 1200013; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, RM/JB
Item 27. Docket No. 95- 1646- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phillips Petroleum Company in Harris County; PST Enforcement Identification No. 1200011; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, RM/JB
Item 28. Docket No. 95- 1649- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Vadsaria Enterprises in Harris County; PST Enforcement Identification No. 1200016; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, RM/JB
Item 29. Docket No. 95- 1648- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Baba Boys Grocery in Harris County; PST Enforcement Identification No. 1200015; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, RM/JB
Item 30. Docket No. 95- 1651- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Mike W. Cornett in Travis County; PST Enforcement Identification No. E11130; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)
Issue Agreed Order, RM/JB
Item 31. Docket No. 95- 1652- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Reuben Cruz in Starr County; PST Enforcement Identification No. E11294; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak)
Issue Agreed Order, RM/JB
CONTESTED (Rules)
Item 32. Docket No. 95-1467-RUL. Consideration for adoption of a new 30 TAC Chapter 337, Subchapter A, section 337.11, concerning Enforcement Generally. If approved, the rule would allow the Texas Natural Resource Conservation Commission to approve installment payment plans in enforcement actions and provide that qualifying small businesses may utilize an installment payment plan. If approved, the rule would incorporate the provisions of Senate Bill 424, 74th Legislature. The proposal was published in the October 31, 1995 issue of the Texas Register (20 TexReg 8983).
Adopt As Recommended by Staff, RM/JB
Item 33. Docket No. 95-1684-RUL. Consideration for publication of and hearing on proposed amendments to 30 TAC Chapter 116, Subchapter A, Section 116.12, regarding Nonattainment Review Definitions, Subchapter C, Section 116.211, regarding the Standard Exemption List; and revisions to the State Implementation Plan. If approved the proposed amendment relating to Nonattainment Review Definitions and Section 116.211 would reconcile the limitations upon the use of standard exemptions. The proposed amendment to Section 116.211 would also change the date of the Standard Exemption List. The proposed changes to the Standard Exemption List would add, clarify, and update fifteen exemptions on the list.
Go Forward with publication and hearing, RM/BM
Item 34. Docket No. 95-1683-RUL. Consideration for publication of and hearing on proposed repeal of 30 TAC Chapter 120, Subchapter B, concerning Pollution Prevention Requirements: Source Reduction and Waste Minimization. If approved, the proposed repeal would eliminate duplication of rules in 30 TAC Chapter 335, Subchapter Q, concerning Industrial Solid Waste and Municipal Hazardous Waste.
Go forward with publication and hearing, RM/BM
CONTESTED (Administrative Law Judge's Proposal for Decision)
Item 35. Docket No. 95- 0574- MSW; SOAH Docket No. 582- 95- 1071. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the application of Darrell Dickey, Inc. for Permit NO. MSW- 2215 to authorize the operation of a Municipal Solid Waste Type I Site in Walker County, Texas. Applicant seeks authorization to operate a landfill on a 100 acre site 8 miles east of Huntsville, Texas. Recommendation: Denial of permit. ALJ: Mike Rogan
Remand to State Office Administrative Hearing, JB/RM
Item 36. Docket No. 95- 1184- MWD; SOAH Docket No. 582- 95- 1129. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the petition of the Executive Director of the Texas Natural Resource Conservation Commission for an order assessing penalties against Bryan- Stewart, Inc. for violations of Water Use Permit No. 11620- 01 in Angelina County, Texas. Penalty requested $12,800. Recommendation: Issuance of Order Assessing penalty of $12,800. ALJ: Leslie Craven
Adopt Administrative Law Judge's Proposal for Decision and Issue Order, with changes, JB/RM
Item 37. Docket No. 95- 0872- AGR. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the application of Charlie West for Permit No. 03784 to authorize disposal of waste and wastewater on agricultural land from a swine operation with two facilities containing 3840 head of swine in Hansford County, Texas. Recommendation: Dismiss of permit ALJ: Bill Zukauckas
Adopt Administrative Law Judge's Proposal for Decision and Issue Order with changes as modified, BM/RM
EXECUTIVE SESSION
Item 38. Docket No. 95-1697-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.
No Action Taken
Item 39. Docket No. 95-1698-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.
No Action Taken
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ADDENDUM TO AGENDA
Wednesday, December 20, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35
Item 40. Docket No. 95-1701-EXE. The Commissioners will meet in Closed Session to discuss the duties and roles of the Internal Auditor of the Texas Natural Resource Conservation Commission and the recent peer review of the Office of Internal Audit under Section 551.074 of the Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in Open Session to consider the duties and role of the Commission's Internal Auditor and the recent peer review of the Office of Internal Audit in accordance with Chapter 551 of the Government Code.
Continued to January 10, 1996
OLD BUSINESS AGENDA
Wednesday, December 20, 1995
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35
Item carried forward from Agenda of December 6, 1995.
Item 1. Docket No. 95- 1639- MIS. Consideration to appoint
nine individuals to the Municipal Solid Waste
Management and Resource Recovery Advisory Council.
(Gary W. Trim)
Remand to Staff