MCBEE

MARQUEZ

BAKER

AGENDA

Wednesday, February 7, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

CONTESTED (Hearing Request)

Item 1. Docket No. 96- 0097- WR. APPLICATION BY CUERO HYDROELECTRIC, INC., for an amendment to Certificate of Adjudication No. 18- 3853 to increase the capacity of an authorized reservoir from 608 to 808 acre- feet by raising the dam (three feet) on the Guadalupe River in De Witt County, Texas. The Commission will consider the application and a hearing request that has been filed on the application. (J. Bateman/L. Bookout)

Issue Amendments to Certificate of Adjudication, BM/RM

Item 2. Docket No. 94- 0206- AIR. Consideration of an application by Mayfield Concrete Company; Standard Exemption Registration No. 29477; for site approval for construction of a concrete batch plant in Greenville, Hunt County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.

Remand to Alternative Dispute Resolution, RM/BM

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 3. Docket No. 95- 1536- IHW- E. Consideration of a Texas Natural Resource Conservation Commission Order assessing administrative penalties and requiring certain actions of D&D Plating Company in Henderson County; ISW Registration No. 67148; for industrial & hazardous waste violations pursuant to the Texas Health & Safety Code, Chapter 361, Chapters 5 and 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Sue Rogers/Laura Ray)

Issue Agreed Order, RM/JB

CONTESTED (Public Water Supply Enforcement)

Item 4. Docket No. 95- 1593- PWS- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lewis Jackson dba Lake Jackson Estates III dba River Of Life Water Supply in Walker County; PWS NO. 2360080; for public water system violations pursuant to the Texas Health and Safety Code and The Rules of the Texas Natural Resource Conservation Commission. (DOROTHY YOUNG)

Issue Agreed Order, JB/RM

CONTESTED (Petroleum Storage Tank Enforcement)

Item 5. Docket No. 96- 0179- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Calcasieu Lumber Co. in Travis County; PST Enforcement Identification No. E11382; 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)

No Action Required

Item 6. Docket No. 96- 0180- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tipton Oil & Butane, Inc. in Floyd County; PST Enforcement Identification No. E11392; 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 7. Docket No. 96- 0179- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Calcasieu Lumber Co. in Travis County; PST Enforcement Identification NO. E11382; 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 8. Docket No. 96- 0182- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Alfonso Montalvo in Jim Hogg County; PST Enforcement Identification No. E11288; 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 9. Docket No. 96- 0181- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of R.G.B. Transportation in El Paso County; PST Enforcement Identification No. E11343; 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. 96- 0184- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Thrif T. Mart, Inc. in Bexar County; PST Enforcement Identification No. E11245; 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. 96- 0183- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Don A. Stewart, Inc. in Travis County; PST Enforcement Identification Nos. E11271 & E11272; 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. 96- 0186- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Eastern Hills Country Club in Dallas County; PST Enforcement Identification No. E11032; 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. 96- 0185- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Abdul Rehman in Bexar County; PST Enforcement Identification No. E11242; 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 14. Docket No. 96- 0211- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Russel Arbuckle in Bastrop County; PST Enforcement Identification No. E11002; 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 15. Docket No. 96- 0187- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mrs. Lois R. Hall in Webb County; PST Enforcement Identification No. E11000; for petroleum storage tanks 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 16. Docket No. 96- 0176- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Frank Pokluda in Waller County; Enforcement Identification No. E10593; 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/Mark Norman).

Issue Agreed Order, RM/JB

Item 17. Docket No. 96- 0178- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Seabrook Seafood, Inc. in Galveston County; Enforcement Identification No. E10777; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps).

Issue Agreed Order, RM/JB

Item 18. Docket No. 96- 0189- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Muhammad Danish Alam in Harris County; PST Enforcement Identification No. 1200014; 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 19. Docket No. 96- 0191- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of William & Robert Lew (Partners), in Harris County; PST Enforcement Identification No. 1200009; 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. 96- 0190- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Handi Stop Food Store in Harris County; PST Enforcement Identification No. 1200020; 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 21. Docket No. 96- 0192- PST- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Maknojia & Maknojia, Incorporated in Harris County; PST Enforcement Identification No. 1200026; 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

CONTESTED (Air Quality Enforcement)

Item 22. Docket No. 96- 0066- AIR- E. Consideration of an Agreed Order requiring certain actions of Car Visa in El Paso County; Account No. EE- 1775- P; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Peter Gregg).

Issue Agreed Order, RM/JB

Item 23. Docket No. 96- 0065- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Amoco Oil Company, in Texas City, Galveston County, Account No. GB- 0004- L; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar).

Issue Agreed Order, RM/JB

Item 24. Docket No. 96- 0047- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Buffalo Auto Sales Inc., II in Harris County; No. H- 2915- N; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe).

Remand to Staff, RM/BM

Item 25. Docket No. 96- 0049- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Exxon Chemical Americas in Baytown, Harris County; Account No. HG- 0229- F; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar).

Issue Agreed Order, RM/JB

Item 26. Docket No. 96- 0068- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Quantum Chemical Corporation in Deer Park, Harris County; Account No. HG- 0770- G; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar).

Issue Agreed Order, RM/JB

Item 27. Docket No. 96- 0054- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shell Oil Company in Deer Park, Harris County; Account No. HG- 0659- W; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar).

Issue Agreed Order, BM/RM

Item 28. Docket No. 96- 0051- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lilly Industries, Inc. in Dallas, Dallas County; Account No. DB- 0308- Q; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Lisa Uselton Dyar).

Issue Agreed Order, RM/JB

Item 29. Docket No. 96- 0056- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Union Carbide Corporation; Texas City, Galveston County; Account No. GB- 0076- J; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman).

Issue Agreed Order, RM/JB

Item 30. Docket No. 96- 0010- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Geon Company; La Porte, Harris County; Account No. HG- 0193- B; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman).

Issue Agreed Order, RM/JB

Item 31. Docket No. 96- 0069- AIR- E. Consideration of an Agreed Order requiring certain actions of Sun City Redi- Mix, Inc. in El Paso County; Account No. 92- 0634- H; for air quality violations pursuant to the Texas Chapter 382 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Linda G. Sorrells).

Remand to Staff, BM/RM

Item 32. Docket No. 96- 0064- AIR- E. Consideration of an Agreed Order requiring certain actions of Amigo Motors in Montgomery County; Account No. MQ- 0496- K; for Air Quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Peter Gregg).

Issue Agreed Order, RM/JB

Item 33. Docket No. 96- 0052- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Modern, Inc. in Hardin County; Account No. HG- 0057- V; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (William C. Foster).

Issue Agreed Order, RM/JB

Item 34. Docket No. 96- 0050- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Humble Auto- Mart in Harris County; Account No. HG- 3584- H; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Thomas Corwin).

Remand to Staff, BM/JB

Item 35. Docket No. 96- 0073- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pioneer Concrete of Texas, Inc. in Tarrant County; Account No. TA- 2612- O; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Thomas Corwin).

Issue Agreed Order, RM/JB

Item 36. Docket No. 96- 0048- AIR- E. Consideration of an Agreed Order requiring certain actions of Eddystone Enterprises in Brazos County; Account No. BM- 0130- U; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Greg Warmink).

Remand to Litigation Enforcement, RM/JB

Item 37. Docket No. 96- 0057- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Vulcraft in Houston County; Account No. HS- 0017- K; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Paul Sarahan).

Issue Agreed Order, RM/JB

Item 38. Docket No. 96- 0046- AIR- E. Consideration of an Agreed Order requiring certain actions of Anodics, Inc. in Tarrant County; Account No. TA- 2923- R; for air quality violations pursuant to Chapter 382 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Linda G. Sorrells).

Issue Agreed Order, RM/JB

Item 39. Docket No. 96- 0053- AIR- E. Consideration of an agreed Order requiring certain actions of OEM, Inc. in Tarrant County; Account No. TA- 1268- O; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Linda G. Sorrells).

Remand to Staff, BM/RM

Item 40. Docket No. 96- 0055- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texmark Chemicals, Inc. in Harris County; Account No. HG- 0134- R; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Paul Sarahan).

Issue Agreed Order, BM/RM

CONTESTED (Rules)

Item 41. Docket No. 95- 1415- RUL. Consideration for adoption of amendments to 30 TAC, Chapter 335, Subchapter A, relating to Industrial Solid Waste and Municipal Hazardous Waste Management In General, Sections 335.1, 335.6, 335.9, 335.10, 335.18, 335.19, and 335.24; Subchapter B, relating to Hazardous Waste Management General Protection, Section 335.41; Subchapter F, relating to Permitting Standards For Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities, Section 335.164; Subchapter H, relating to Standards For The Management Of Specific Wastes and Specific Types of Facilities, Sections 335.214 and 335.221; Subchapter J, relating to Hazardous Waste Generation Facility and Disposal Fees System, Section 335.323; and Subchapter R, relating to Waste Classification, Section 335.503. The proposed rule amendments were published in the October 20, 1995 issue of the Texas Register (20 TexReg 8583) and the November 3, 1995 issue of the Texas Register (20 TexReg 9144). (Hygie Reynolds)

Adopt Rules as Recommended by Staff, RM/JB

Item 42. Docket No. 96- 0226- RUL. Consideration for publication of and hearing on proposed repeal of 30 TAC Chapters 261, 263, 264, 265, 275, 337, 339, 341, and 345; amendments to Chapters 305 and 340; and new Chapters 1, 3, 5, 10, 20, 39, 40, 50, 55, 70, 80, and 86, concerning the procedural rules of the agency. If approved, the proposal would continue the ongoing project to reorganize, clarify, and consolidate the Texas Natural Resource Conservation Commission's procedural rules. (Randall Terrell)

Approve in Part Rules and Continued to February 14, 1996

Item 43. Docket No. 96- 0092- RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 331, Subchapter A, Section 331.6, concerning Prohibition of Class IV Well Injection, and Section 331.9, concerning Authorization by Rule. The proposed changes would allow facilities to reinject treated hazardous waste- contaminated ground water into the same formation from which it was drawn as part of approved Resource Conservation and Recovery Act and Comprehensive Environmental Response, Compensation and Liability Act cleanups, consistent with 40 CFR Section 114.13(c). (Kathy Vail).

Publish as Recommended by Staff, JB/BM

CONTESTED (CAFO Permit)

Item 44. Docket No. 96-0222-AGR. Consideration of the timely filed Requests for Commission Review concerning the Executive Director's determination that no comments submitted concerning the application by Texas Farm, Inc. for authorization No. 03876 demonstrated technical merit. The application by Texas Farm, Inc. seeks authorization, pursuant to Subchapter K of the Chapter 321 of TNRCC rules, to operate a new swine feeding facility confining a maximum of 249,600 head and generating, collecting, and treating animal waste and wastewater on- site. The proposed facility is located on the west side of Farm- to- Market Road 2711 approximately four miles south of its intersection with Farm- to- Market Road 377 in Ochiltree County, Texas. The facility is in the drainage area of Wolf Creek in Segment #0104 of the Canadian River Basin.

Affir Executive Director's Decision, JB/RM

CONTESTED (Motion For Rehearing)

Item 45. Docket No. 95-0936-MWD. The Commission will consider the Motion for Rehearing filed concerning the application by North Texas Municipal Water District for amended Permit No. 12047-001 authorizing the discharge and disposal of treated domestic wastewater. The Commission issued an order approving the application on December 15, 1995. The District's wastewater facilities are located on the west side of Buffalo Creek and on the south side of Farm-to-Marked Road 3097 approximately 1.5 miles northwest of the intersection of Farm-to-Marked Roads 3097 and 549 in the City of Rockwall in Rockwall County, Texas.

Deny Motion for Rehearing, BM/RM

CONTESTED (Proposal For Decision)

Item 46. Docket No. 95- 0850- AIR; SOAH Docket No. 582- 95- 1032. Consideration of Administrative Law Judge's Proposal for Decision concerning the application of Ingram Readymix, Incorporated, for Qualification for Standard Exemption No. 1564D to authorize the construction of a concrete batch plant in Bulverde, Comal County, Texas. Recommendation: Issuance of standard exemption. ALJ: Bill Ehret

Deny Administrative Law Judge's Proposal and Deny Standard Exemption, BM/RM. John Baker Voted against.

Item 47. TNRCC Docket No. 95- 1552- IWD; SOAH Docket No. 582- 95- 1652. Consideration of adequacy of hearing request relating to the application of Gerard Hoekman for Permit No. 03808 regarding a proposed dairy in Comanche County, Texas. Recommendation: Hearing request do not satisfy requirement with Commission Rules. ALJ: Kerry Sullivan

Hearing Request Did Not Meet Requirements with Commission Rules, JB/RM

Item 48. TNRCC Docket No. 95- 1299- AIR; SOAH Docket No. 582- 95- 1031. Consideration of Administrative Law Judge's Proposal for Decision concerning the Application of Sonntag Trucking Company for Qualification for Standard Exemption No. 71 to authorize the construction of a Permanently located Cement Batch Plant in Denton County, Texas. Recommendation: Approval of Standard Exemption. ALJ: Kerry Sullivan.

Grant Administrative Law Judge's Proposal for Decision, RM/JB

EXECUTIVE SESSION

Item 49. Docket No. 96-0228-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL 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 Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.

No Action Taken

Item 50. Docket No. 96-0229-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. 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

(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, February 7, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 51. Docket No. 96-0255-CRT. Consideration of the submission to the Coastal Coordination Council of a request for certification that applicable TNRCC rules contained in Title 30 Chapter 101, 111 - 122, 261, 279, 281, 284, 285, 288, 293, 295, 297, 301, 305, 307, 309, 314, 315, 321, 330, 334 and 337 are consistent with the goals and policies of the Coastal Management Program provided in Title 31, Chapter 501. Upon the council's certification, the TNRCC's rules are incorporated into the CMP goals and policies and any threshold for referral approved by the council relating to actions under those rules shall become operative and limit the council's authority to review individual actions of the agency. (Bruce Moulton)

Approve Staff Recommendation, RM/BM

Item 52. Docket No. 96-0256-RUL. Consideration of the submission to the Coastal Coordination Council of a request for approval of proposed new Chapter 281, 281.40 - 281.48, Subchapter B, Consistency with Texas Coastal Management Program, identifying those commission actions which are subject to consistency with the goals and policies of the Texas Coastal Management Program. These proposed rules were published in the December 12, 1995 issue of the Texas Register (20 Texas Reg 10502 et seq.). (Bruce Moulton)

Approve Staff Recommendation, RM/BM

SECOND ADDENDUM TO AGENDA

Wednesday, February 7, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 53. Docket No. 96-0263-IWD. Consideration of a request by International Paper for an Emergency Order to discharge treated wastewater effluent to the Sulfur River. (Gilbert)

Issue Emergency Order, RM/BM

OLD BUSINESS AGENDA

Wednesday, February 07, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from agenda of November 16, 1995.

Item 1. Docket No. 95-1552-IWD. Application by Gerard Hoekman for a permit (Proposed Permit No. 03808) to authorize dipsosal of waste and wastewater from a dairy which consists of a maximum of 990 head on an average daily basis. Washdown water, flushwater and stormwater are retained in two waste storage ponds. Wastewater from the ponds is disposed of by irrigation on 47 acres of agricultural land. Manure and solids are disposed of as fertilizer on agricultural land. No discharge of pollutants into the waters of the State is authorized by this permit. The dairy is approximately eight miles east of Comanche, Texas, on the north side of Farm-to-Marked Road 591; approximately 1.5 miles east of the intersection of Farm-to-Marked Road 1476 and Farm-to-Market Road 591 in Comanche Country, Texas. The Commission will consider the application and hearing requests which have been filed on the application. (This item will be considered together with Proposal for Decision).

Considered with item # 47, Commission Approved Permit, BM/RM

Item carried forward from Agenda of January 24, 1996.

Item 2. Docket No. 96- 0110- RUL. Consideration for publication and hearing of proposed amendments of 30 TAC Chapters 295, 297 and 331, concerning Water Rights, Procedural; Water Rights, Substantive; and Underground Injection Control, respectively. The proposed rules reflect the implementation of new legislation (Senate Bill 651 and House Bills 451 and 1989) regarding the regulatory framework for surface water being stored in certain aquifers for subsequent retrieval and beneficial use and the establishment of exemptions from water rights permitting for certain historic cemeteries and surface coal mining sedimentation control structures. (James Kowis)

February 14, 1996

Item carried forward from Agenda of January 17, and January 24, 1996 and January 30, 1996.

Item 3. Docket No. 96-0188-EXE. The Commission will meet to consider issues with regard to establishing certain guiding principles for the conduct of Commission business.

Continued to February 14, 1996

Item carried forward from Agenda of January 30, 1996.

Item 4. Docket No. 96-0225-EXE. The Texas Natural Resource Conservation Commission will meet in closed session to discuss a proposed settlement in the following pending litigation: The Bourdeau Group, Ltd. v. The Texas Natural Resource Conservation Commission, Cause No. 94-02242, in the 261st District Court of Travis County. The authority for the closed session is 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. The Act requires the Commission to reconvene in open session before taking any vote or making any decision. The Commission may meet in open session to take official action concerning the settlement offer.

Authorize Settlement of the Bourdeau Litigation, further authorize the Executive Director to sign a settlement agreement that to be embodied in a letter from the agency to the Attorney Generals Office, BM/RM