MARQUEZ
BAKER
CONTESTED AGENDA

Wednesday, June 12, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 A.M.
Bldg E. Room 201S
12118 N. Interstate 35

UNCONTESTED (Class 2 Mod to Hazardous Waste Permit)

Item 1. Docket No. 96-0928-IHW. Consideration of an application by FINA OIL & CHEMICAL COMPANY - BIG SPRING for a Class 2 permit modification to Permit No. HW-50140 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial solid waste storage and disposal facility for the management of hazardous, Class 1, Class 2 and Class 3 non-hazardous industrial solid wastes. The permit modification will authorize: (1) elimination of two waste streams no longer being generated; (2) combination of two waste streams into one waste stream; (3) inclusion of new Texas Waste Codes in accordance with 30 Texas Administrative Code Chapter 335, Subchapter R; (4) consideration of detection parameters pH, Total Organic Carbon, and Phenolic as water quality parameters and collection of only one sample from each well rather than four independent samples; samples are to be taken semi-annually from each well; (5) allowance of verification resampling prior to notification of the executive director; (6) deletion of requirement that supplemental monitoring wells MW34/34A be sampled each time the detection monitoring system is resampled; and (7) addition of one new waste stream. Staff recommends issuance of the permit except for (4) using phenolic as a water quality parameter and (5) allowance of verification resampling prior to notification of the executive director. The facility is located five miles east of the Howard County Courthouse, near the intersection of Interstate Highway 20 and Refinery Road near the City of Big Spring, Howard County, Texas. (John Clegg)

Issue Class 2 Modification, JB/BM

Item 2. Docket No. 96-0931-IHW. Consideration of an application by MONSANTO COMPANY - ALVIN for a Class 2 permit modification to Permit No. HW-50189 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial solid waste storage, processing and disposal facility for the management of hazardous wastes. The permit modification will authorize the following activities relating to Permit Unit No. 3, also identified as the Injection Well Pretreatment Facility (IWPF): (1) revise closure schedule to manage non-hazardous wastewater and stormwater; (2) allow for management of non-hazardous waste within Pond 4 and Pond 5 after hazardous waste and contaminated soil have been removed to a practical extent; (3) allow for hazardous waste and any contaminated soil from Pond 4 and Pond 5 to be consolidated and stablized in Pond 6; (4) allow for closure in place of Pond 1, Pond 2, Pond 3, and Pond 6 after hazardous waste is stabilized and compacted; (5) allow for closure in place of Pond 4 and 5 in accordance with the existing closure plant after management of non-hazardous waste ceases; and (6) revise the financial assurance required for in place closure and post-closure care of the IWPF. The facility is located approximately 14 miles southeast of Alvin, about seven miles southeast of the intersection of State Highway 35 and Farm-to-Market Road 2917 in Brazoria County, Texas. (John Clegg)

Issue Class 2 Modification, BM/JB. Commissioner Marquez Recused himself from this item.

UNCONTESTED (Class 3 Modification to Hazardous Waste Permit)

Item 3. Docket No. 96-0929-IHW. Consideration of an application by SCHLUMBERGER WELL SERVICES - COYANOSA FACILITY for a Class 3 permit modification to Permit No. HW-50327 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial solid waste processing facility for the management of hazardous wastes. The permit modification will authorize the facility to receive, store, and process off-site generated reactive wastes consisting of used explosive devices from the oil industry. The facility is located 17 miles northwest of Fort Stockton, Pecos County, Texas. (John Clegg)

Issue Class 3 Modification, JB/RM

Item 4. Docket No. 96-0930-IHW. Consideration of an application by TEXACO REFINING AND MARKETING, INC. - AMARILLO for a Class 3 permit and compliance plan modification to Permit No. HW-50191 and Compliance Plan No. CP-50191 in accordance with 30 TAC Section 305.69. The permit and compliance plan authorize operation of an industrial solid waste processing and disposal facility for the management of hazardous wastes. The permit modification will authorize: (1) post-closure care for two landfills (Pond P-5 and U-1 Area); (2) the addition of monitoring wells MW-116 and MW-117 to the compliance plan; and (3) the adjustment of closure and post-closure care cost estimates in the permit and compliance plan. The facility is located at 315 S. Grand Street, one mile north of Interstate Highway 40 in Amarillo, Potter County, Texas. (John Clegg)

Issue Class 3 Modification, JB/RM

CONTESTED (Hearing Request)

Item 5. Docket No. 96-0789-AIR. NORTON CRUSHING, INC. has applied for Air Quality Permit No. 22193 to authorize construction of a Portable Rock Crusher. The location of the existing facility is on County Road 348, approximately 2,200 feet northwest of County Road 347 in Hiram, Kaufman County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Ronnie Jones)

Remand to State Office Administrative Hearing for six timely filed petitions for prehearing for full evidentiary hearing, deny the untimely filed hearing request, RM/BM

Item 6. Docket No. 96-0822-IWD. IBP, INC. for an amendment to Permit No. 01873 to change the permit from a discharge permit to a permit authorizing disposal by irrigation. The proposed amendment would authorize a disposal volume not to exceed 4,000,000 gallons per day average into the playa lake (known as Lake McGee). The maximum total volume of irrigation water applied to the disposal area via irrigation during any calendar year shall not exceed 2.7 acre-feet per acre irrigated. No discharge of pollutants into the waters of the State is authorized by this permit. The applicant operates a beef slaughtering, processing and rendering facility. The plant site is on the northeast side of the junction of U.S. Highway 66 East and Farm-to-Market Road 1912. The irrigation site is located two miles north of the intersection of Farm-to-Market Road 1912 and U.S. Highway 66 East and five miles northeast of the Amarillo Municipal Airport in Potter County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)

Continued to June 26, 1996

Item 7. Docket No. 96-0829-MWD. ARTHUR E. BAYER for a permit (Proposed Permit No. 13819-01) to authorize a discharge of treated domestic wastewater effluent at an interim volume not to exceed an average flow of 30,000 gallons per day and a final volume not to exceed an average flow of 60,000 gallons per day. The proposed wastewater treatment facility will serve a mobile home park in the interim phase and include the Community of Old Town Spring in the final phase. The wastewater treatment facilities are adjacent to the east right-of-way of Lemm Gully, approximately 1,400 feet south of Spring-Cypress Road in Harris County, Texas. The Commission will consider the application and the protests that have been filed on the application. (Tom Weber/Bob Sweeney)

Continued until July 10, 1996

Item 8. Docket No. 96-0838-MWD. CITY OF RANGER for a permit (Proposed Permit No. 11557-03) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 550,000 gallons per day. This proposed permit would allow the construction of a new wastewater treatment facility at a new site that will replace the City of Ranger's existing wastewater treatment plant. The wastewater treatment facilities are at the northeast corner of Garrett Street and Lackland Avenue in the City of Ranger, approximately 2500 feet north-northwest of the intersection of U.S. Highway 80 and Farm-to-Market Road 571 in Eastland County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)

Issue Permit, JB/RM

CONTESTED (Affirm, Modify, or Set Aside Emergency Order)

Item 9. Docket No. 96-0865-IWD. The Commission will determine whether Emergency Order No. 96-0865-IWD, granted by the Texas Natural Resource Conservation Commission (TNRCC) on May 22, 1996 to International Paper Company, P.O. Box 870, Texarkana, Texas 75504, should be affirmed, modified, or set aside.

Affirm Order, RM/JB

CONTESTED (Petroleum Storage Tank Enforcements)

Item 10. Docket No. 96-0386-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Acco Waste Paper of Austin in Travis County; PST Enforcement Identification No. E11503; 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/BM

Item 11. Docket No. 96-0815-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Belk Country Store in Nueces County; PST Enforcement Identification No. E11363; 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/BM

Item 12. Docket No. 96-0363-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fred Garrison Oil Company in Hale County; PST Enforcement Identification No. E11135; 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/BM

Item 13. Docket Nos. 96-0570-PST-E & 96-0571-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Brownfield in Terry County; PST Enforcement Identification Nos. E11176 & E11177; 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/BM

Item 14. Docket No. 96-0364-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fred Garrison Oil Company in Hale County; PST Enforcement Identification No. E11136; 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/BM

Item 15. Docket No. 96-0720-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sunland Distributors in Brewster County; PST Enforcement Identification No. E11132; 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/BM

Item 16. Docket No. 96-0721-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sunland Distributors in Brewster County; PST Enforcement Identification No. E11133; 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/BM

Item 17. Docket No. 96-0812-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. John Forbes in Jim Hogg County; PST Enforcement Identification No. E11247; 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/BM

Item 18. Docket No. 96-0642-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Westex Investment Corporation in Kendall County; PST Enforcement Identification Nos. E11251 & E11252; 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/BM

Item 19. Docket No. 96-0476-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hennings, Meyer & Leifeste in Menard County; PST Enforcement Identification No. E11511; 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/BM

Item 20. Docket No. 96-0574-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cantrell Oil Company in Hidalgo County; PST Enforcement Identification No. E10734; 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/BM

Item 21. Docket No. 96-0835-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Luis M. Cepeda in Starr County; PST Enforcement Identification No. E10799; 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/BM

Item 22. Docket No. 96-0769-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of College Station Independent School District in Brazos County; PST Enforcement Identification No. E11401; 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/BM

Item 23. Docket No. 96-0813-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of U-Pump Um, Inc. in Williamson County; PST Enforcement Identification No. E11433; 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/BM

Item 24. Docket No. 96-0833-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. A. G. Hill in Galveston County; PST Enforcement Identification No. E10688; 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/BM

Item 25. Docket No. 96-0387-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of K & S Petroleum Company in Young County; PST Enforcement Identification No. E11496; 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/BM

Item 26. Docket No. 96-0926-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Brooks Operating Company, Inc. in Cass, Marion and Harrison Counties; ID No. E10854; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe).

Issue Agreed Order, RM/BM

Item 27. Docket No. 96-0927-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Swift Oil Company in Angelina, Houston, Nacogdoches, Rusk and Shelby Counties; ID No. E10898; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe).

Issue Agreed Order, RM/BM

Item 28. Docket No. 96-0305-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Raul H. Rodriguez in Nueces County; PST Enforcement Identification No. E11488; 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/BM

Item 29. Docket No. 96-0814-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lamesa Butane in Reagan County; PST Enforcement Identification No. E11468; 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/BM

Item 30. Docket No. 96-0253-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Roberson Rent All in Tom Green County; PST Enforcement Identification No. E11480; 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/BM

Item 31. Docket No. 96-0304-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Coastal Refining & Marketing, Inc. in Bexar County; PST Enforcement Identification No. E11484; 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/BM

CONTESTED (Air Quality Enforcement)

Item 32. 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 and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Linda G. Sorrells).

Continued to August 21, 1996.

Item 33. Docket No. 96-0498-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Basis Petroleum, Inc., formerly Phibro Energy USA in Houston, Harris County; Account No. HG-0130-C; 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. (Walter Ehresman).

Issue Agreed Order, RM/BM

Item 34. Docket No. 96-0578-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dow Chemical Company in Freeport, Brazoria County, Texas; Account Nos. BL-0022-M, BL-0023-K, and BL-0082-R; 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. (Walter Ehresman).

Issue Agreed Order, RM/BM

Item 35. Docket No. 96-0509-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Basis Petroleum, Inc.; formerly Phibro Energy USA in Houston, Harris County; Account No. HG-0130-C; 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. (Walter Ehresman).

Issue Agreed Order, RM/BM

Item 36. Docket No. 96-0050-AIR-E. Consideration of an Agreed Order 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).

Issue Agreed Order, RM/BM

Item 37. Docket No. 96-0494-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phillips Petroleum Company in Jones Creek, Brazoria County, Texas; Account No. BL-0050-H; 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. (Lisa Uselton Dyar).

Issue Agreed Order, RM/BM

Item 38. Docket No. 96-0579-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Evans Cooperage of Houston, Inc. in Harris County; Account No. HG-0922-H; 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/BM

Item 39. Docket No. 96-0681-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Strategic Materials, Inc., a Wholly-owned Subsidiary of A.R.I. Glass Newco, Inc. in Ellis County; Account No. ED-0103-U; 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. (Thomas Corwin).

Issue Agreed Order, RM/BM

Item 40. Docket No. 96-0665-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chip's Custom Cabinets in Tarrant County; Account No. TA-0845-D; 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. (Thomas Corwin).

Issue Agreed Order, RM/BM

Item 41. Docket No. 96-0667-AIR-E. Consideration of an Agreed Order requiring certain actions of Seabrook Seafood, Inc. in Galveston County; Account No. GB-0128-P; 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 Sorrells).

Issue Agreed Order, RM/BM

Item 42. Docket No. 96-0666-AIR-E. Consideration of an Agreed Order requiring certain actions of National Aeronautics and Space Administration in Harris County; Account No. HG-1601-A; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe).

Issue Agreed Order, RM/BM

Item 43. Docket No. 96-0577-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Citgo Petroleum Company in Harris County; Account No. HG-0246-F; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe).

Issue Agreed Order, RM/BM

Item 44. Docket No. 96-0664-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Laidlaw Waste Systems, Inc. in Smith County; Account No. SK-0007-T; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe).

Issue Agreed Order, RM/BM

CONTESTED (Public Water Supply Enforcement)

Item 45. Docket No. 96-0502-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Medina Water Supply Corporation in Bandera County; PWS No. 0100013; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (K. Wheatley and G. Henry)

Issue Agreed Order, RM/BM

Item 46. Docket No. 96-0561-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of C.H. Water Supply Corporation in Freestone County; PWS No. 0810031; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (K. Wheatley and G. Henry)

Issue Agreed Order, RM/BM

Item 47. Docket No. 96-0504-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Austin Highway Water Supply Corporation in Bexar County; PWS No. 0150041; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (K. Wheatley and G. Henry)

Issue Agreed Order, RM/BM

Item 48. Docket No. 96-0536-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Canyon Lake Villas Council of Co-Owners in Comal County; PWS No. 0460104; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (K. Wheatley and G. Henry)

Issue Agreed Order, RM/BM

Item 49. Docket No. 96-0080-PWS-E. Consideration of an Agreed Order requiring certain actions of East Cedar Creek Fresh Water Supply District in Henderson County; PWS No. 1070019, CCN No. 11682 and 20582, Permit No. 11890-01; for Public Water System, Retail Public Utility and Water Quality violations pursuant to the Texas Health and Safety Code, The Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Dorothy Young/Mary Smith)

Issue Agreed Order, RM/BM

CONTESTED (Water Well Drillers Enforcement)

Item 50. Docket No. 96-0349-WWD-E. Consideration of an Order approving the fulfillment of a Consent and Waiver agreement of Reynaldo Torres in El Paso County; No Texas Drillers License; for monitor well driller violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils/lee Parham).

Approve Consent and Waiver Agreement, RM/BM

Item 51. Docket No. 96-0350-WWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Steve Allen in El Paso County; for violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils/Lee Parham).

Issue Agreed Order, RM/BM

Item 52. Docket No. 96-0355-WWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rubin Molina, in Jim Hogg County; Water Well Driller License No. 2691WI; for violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils/Lee Parham).

Issue Agreed Order, RM/BM

Item 53. Docket No. 96-0345-WWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Charles Huffman in San Patricio County; for violations pursuant to the Texas Water Code Chapters 32 and 33 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils/Lee Parham).

Issue Agreed Order, RM/BM

Item 54. Docket No. 96-0358-WWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Floyd Smith in Howard County; License No. 2748W; for violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils/Lee Parham).

Issue Agreed Order, RM/BM

Item 55. Docket No. 96-0880-WWD-E. Consideration of an Order approving the fulfillment of a Consent and Waiver agreement of Jesse Temple, Montgomery County; Texas Drillers License No. 2745WI; for well driller violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils/Lee Parham).

Approve Consent and Waiver Agreement, RM/BM

Item 56. Docket No. 96-0346-WWD-E. Consideration of an Order approving the fulfillment of a Consent and Waiver agreement of Mark Lewis in Uvalde County; Texas Drillers License No. 4586M; for monitor well driller violations pursuant to the Texas Water Code Chapter 32 and the rule of the Texas Natural Resource Conservation Commission. (Kathy Keils/Lee Parham).

Approve Consent and Waiver Agreement, RM/BM

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 57. Docket No. 95-0571-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Donny's Paint and Body, in Henderson County; SW Registration No. 82932; for industrial & hazardous waste violations pursuant to the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain)

Issue Agreed Order, RM/JB

CONTESTED (Municipal Waste Discharge Enforcement)

Item 58. Docket No. 96-0458-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Quinlan, Permit No. 13725-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Cook/Henry)

Issue Agreed Order, RM/BM

CONTESTED (Municipal Solid Waste Enforcement)

Item 59. Docket No. 95-1629-MSW-E. Consideration of an Agreed Order requiring certain actions of Martin Resendez, Sr. in Webb County; Unauthorized Site No. 33832; for municipal solid waste violations pursuant to the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Kristina LaRue/Shepherd)

Issue Agreed Order, RM/JB

CONTESTED (Authorization to Construct)

Item 60. Docket No. 96-0871-MWD. Consideration of Canutillo Independent School District's request for an Order authorizing commencement of construction of a wastewater treatment and disposal facility prior to Commission consideration of its application for a wastewater discharge permit. The proposed authorization to construct would not permit the discharge of any wastewater. (Jaime Slaughter/Philip Urbany)

Approve Authorization to Construct, JB/RM

CONTESTED (Sludge Enforcement)

Item 61. Docket No. 95-0239-SLG-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mr. Karl Downs in Vidor, Orange County, Texas; No TNRCC Registration; for violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Henry and Mears).

Issue Default Order, RM/JB

CONTESTED (Motion for Reconsideration)

Item 62. Docket No. 96-0908-IWD. Consideration of the Motion for Reconsideration filed by Star Enterprise for permit 03851. Star Enterprise applied to the Texas Natural Resource Conservation Commission for permit 03851 to authorize a discharge of storm water and wash water from loading and truck pump back racks at a volume not to exceed an average flow of 200 gallons per day via Outfall 001 and an intermittent, flow variable discharge of storm water via Outfall 002. The applicant operates a bulk fuel storage and distribution facility. The applicant wishes to re-apply for a permit which would authorize discharge at a volume not to exceed an average flow of 500 gallons per day. The plant site is at 510 Petroleum Drive in the City of San Antonio in Bexar County, Texas.

Grant Motion for Rehearing and Remand to Executive Director, RM/JB

Item 63. Docket No. 96-0909-IWD. Consideration of the Motion for Reconsideration filed by Star Enterprise for permit 03850. Star Enterprise applied to the Texas Natural Resource Conservation Commission for permit 03850 to authorize a discharge of wash water from loading and truck pump back racks at a volume not to exceed an average dry weather flow of 5,000 gallons per day via Outfall 001 and intermittent, flow variable discharges of storm water via Outfalls 002, 003, 004, and 005. The applicant operates a bulk fuel storage and distribution facility. The applicant wishes to re-apply for the permit and remove Outfalls 002, 003 and 004. The plant site is at 3900 Singleton Boulevard in the City of Dallas in Dallas County, Texas.

Grant Motion for Rehearing and Remand to Executive Director, RM/JB

CONTESTED (Budget)

Item 64. Docket No. 96-0959-BGT. Consideration of the agency's strategic plan for fiscal years 1997-2001.

Approve Agency's Strategic plan for fiscal years 1997-2001 with changes as recommended by commissioners, BM/RM

CONTESTED (Rules)

Item 65. Docket No. 96-0802-RUL. Consideration for publication of the proposed repeal of 30 TAC Chapter 338, concerning well drillers and water well pump installers and a proposed new 30 TAC Chapter 238, concerning well drillers and water well pump installers. (Rule Log No. 95132-338-WT) (Dale Kuhn)

Approve Publication of Repeal of 30 TAC Chapter 338, RM/JB

Item 66. Docket No. 96-0932-RUL. Consideration for publication of and hearing on proposed repeal of Chapter 305, Subchapter E, concerning Consolidated Permits. The proposal would repeal sections that were not repealed when the Commission adopted the Phase II portion of the procedural rules on May 8, 1996. Rules contained in Subchapter E were proposed to be recodified in Chapter 39 on May 29, 1996. (Richard O'Connell)(Rule Log 96123-263-AD).

Approve Publication and Hearing on Proposed repeal of Chapter 305, Subchapter E., BM/RM

Item 67. Docket No. 96-0175-RUL. Consideration for adoption of amendments to 30 TAC Chapter 336, Subchapter A, Section 336.8, concerning adoption of a Memorandum of Understanding (MOU) between the Texas Railroad Commission, the Texas Department of Health and the Texas Natural Resource Conservation Commission. The MOU defines the respective jurisdictions of the agencies and provides for coordination of responsibilities relating to uranium surface mining, ore milling, and mill tailings disposal. The proposed amendments were published in the March 19, 1996 issue of the Texas Register (21 TexReg 2176). (Marilyn Preusse) (Rule Log No. 95067-336-WS).

Adopt Memorandum of Understanding, JB/RM

CONTESTED (District Matter)

Item 68. Docket No. 95-1571-DIS. Consideration of a petition filed on behalf of the Canyon Regional Water Authority and Atascosa Rural Water Supply Corporation, requesting Commission supervision over the Edwards Underground Water District pursuant to Section 12.081 of the Texas Water Code.

Continued to August 21, 1996

EXECUTIVE SESSION

Item 69. Docket No. 96-0955-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 70. Docket No. 96-0956-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, June 12, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S
12118 N. Interstate 35

Item 71. Docket No. 96-0866-CON. Consideration of authorizing the Executive Director to enter into a contract for the purchase of an Integrated Computer Aided Software Engineering (I-CASE) product and license. The Agency will use the I-CASE product in current and future year information engineering projects, including the Federal Clean Air Act Operating Permits Automated System, the Texas Emissions Management System, the Emissions Inventory Electronic Data Interchange, etc. (Douglas Benn)

Authorize Executive Director to Enter into Contract, BM/JB. Commissioner Marquez absent for this item.

CONTESTED AGENDA

Wednesday, June 12, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Room 201S, Bldg E.
12118 N. Interstate 35

Item 1. Docket No. 95-1478-MWD. The Commission will consider the motion for rehearing filed by the City of Crandall concerning its application to amend Permit No. 10834-001 to increase the discharge of treated domestic wastewater effluent. On March 20, 1996, the Commission considered and adopted the Administrative Law Judge's Proposal for Decision concerning the request for hearing relating to the City of Crandall's application. The Commission order was mailed on April 30, 1996.

Grant Motion for Rehearing, but limit that with respect with finding of fact 6c and 10b, and conclusion of law 9 and 10, I think it maybe just the first line of conclusion of law #10 and in those particular findings and conclusions delete the word nuisance before the word odor, I think that may narrow the scope yet still present us with a solid and strong order to substantiate to taking this to hearing, BM/RM

OLD BUSINESS AGENDA

Wednesday, June 12, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35

Item carried forward from Agenda of March 27, 1996.

Item 1. Docket No. 96-0378-MWD. LAKEWAY MUNICIPAL UTILITY DISTRICT for a permit (Proposed Permit No. 11495-05) to authorize the disposal of treated domestic sewage effluent by irrigation on 24.80 acres of land. The disposal volume is not to exceed an average of 60,000 gallons per day. Application rates for the irrigated land are not to exceed 2.7 acre-feet/acre/year. The applicant is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Chapter 309.13 (e)(1)(B). The proposed treatment plant in this permit is currently in place and operating in parallel with an adjacent package plant permitted under Permit No. 11495-03. No discharge of pollutants into the waters of the State is authorized by this permit. The wastewater treatment facilities are approximately 2.0 miles northwest of the intersection of Ranch Road 620 and Lohman's Crossing Road in Travis County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber)

Remand to Executive Director

Item carried forward from agenda of March 27, and May 2, 1996.

Item 2. Docket No. 96-0375-IWD. GSE LINING TECHNOLOGY, INC. for an amendment to Permit No. 03402 to authorize an increase in the authorized discharge rate and renumber the outfalls. Currently, the permit authorizes a discharge of treated domestic wastewater and quench water at a volume not to exceed an average flow of 10,000 gallons per day via Outfall 001; a discharge of wastewater from reverse osmosis water treatment at a volume not to exceed an average flow of 3,000 gallons per day via Outfall 002; and an intermittent, flow variable discharge of stormwater via Outfall 003. The proposed amendment would authorize an intermittent, flow variable discharge of previously monitored effluents and stormwater via Outfall 001. The applicant operates a plastics forming company which manufactures plastic liner material used in landfills and surface water impoundments. The plant site is on the south side of Richey Road and approximately 1 mile east of the intersection of Richey Road and the Hardy Toll Road in the City of Houston in Harris County, Texas. (Tom Weber)

Withdraw Application

Item carried forward from Agenda of May 8, 1996.

Item 3. TNRCC Docket No. 95-1295-MWD; SOAH Docket No. 582-95-1133. Consideration of ALJ's Proposal for Decision and Order concerning the application of Dallas County WCID #6 for Permit No. 13738-01 to authorize the discharge of 3.5 mgd of treated domestic wastewater effluent in Dallas County, Texas, and Segment No. 0805 of the Trinity River Basin. Recommendation: Issuance of Permit. (Leslie Craven)

Withdraw Without Prejudice, RM/JB

Item carried forward from Agenda of May 15, 1996.

Item 4. Docket No. 96-0795-MWD. Consideration of an application by Texas Municipal Power Agency for a Temporary Order authorizing the discharge of 40 million gallons of fly ash pond leachate and storm water from Ash Landfill Cell F at its Gibbons Creek Steam Electric Station located adjacent to Gibbons Creek Reservoir, approximately 2.5 miles north of the State Highway 30/FM 244 intersection in the Town of Carlos, Grimes County, Texas. (Heidi Maher)

Issue Temporary Order, RM/JB. McBee Voted Against

Item carried forward from Agenda of May 29, 1996.

Item 5. Docket No. 96-0730-CON. Consideration of authorizing the Executive Director to Execute a Contract with Oracle Corporation for the purchase of the Software for Oracle Government Financial and for the Associated Programming Cost to implement the system at TNRCC. Oracle Government financial is an integrated financial management system, which will be used for functions related to financial accounting and information management, including accounting, purchase requisitions, budgeting, grant billing, reporting, management of fixed assets, etc.

Continued to June 26

Item carried forward from Agenda of May 29, 1996.

Item 6. Docket No. 96-0430-DIS. The Commission will consider the Motion for Rehearing filed concerning the petition to exclude land from the boundaries of Harris County Municipal Utility District No. 50. On April 3, 1996, the Commission approved the petition. The Chief Clerk mailed the Commission's order on April 19, 1996.

Continued to June 26

Item carried forward from Agenda of May 29, 1996.

Item 7. Docket No. 96-0881-EXE. The Commission will meet in closed session to receive legal advice on agency options relating to the Federal Operating Permit program and the impact of that program on the TNRCC minor new source review program, pursuant to Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open session to take action on this matter, as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.

Continued to June 26

Item carried forward from Agenda of May 29, 1996.

Item 8. Docket No. 96-0866-CON. Consideration of a Request for Offer (RFO) for an Enterprise I-Case Tool (Integrated Computer Aided Software Engineering). The proposed RFO is to select an Integrated Computer Aided Software Engineering (I-CASE) product to assist the Texas Natural Resource Conservation Commission (TNRCC) in conducting current and future-year information engineering projects. The I-CASE tool selected for use by the TNRCC must meet the set of requirements described in Section IV of this RFO. (Douglas Benn)

See Item 71.

Item carried forward from Agenda of May 29, 1996.

Item 9. Docket No. 96-0905-EXE. The Commission will meet in closed session to receive legal advice on the scope of the Commission's jurisdiction over the Edwards Underground Water District (District) and on legal options regarding Commission supervision of the District, pursuant to Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open session to take action on this matter, as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.

Continued to August 21, 1996

Item carried forward from agenda of April 3, 19, 29, 1996 and May 29, 1996.

Item 10. Consideration of issues related to National Pollutant Discharge Elimination System (NPDES) delegation, including issues regarding public participation in the administrative process, the Texas Private Real Property Rights Preservation Act, and the Texas Environmental, Health, and Safety Audit Privilege Act. This old business item was continued from the April 3rd, April 19th, and April 29th Work Sessions. Sharon Smith (Legal - Litigation Support) presented the issue. This issue will be continued to the May 29th Wednesday Agenda Meeting as old business.

Continued to June 24, 1996

Item carried forward from Agenda of April 3, 19, 29, 1996 and May 29, 1996.

Item 11. The Commission will meet in closed session to receive legal advice on agency options relating to delegation of the National Pollutant Discharge Elimination System (NPDES) program, pursuant to Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open session to take action on this matter, as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. This old business item was continued from the April 3rd, April 19th, and April 29th Work Sessions. Sharon Smith (Legal - Litigation Support) presented the issue. This issue will be continued to the May 29th Wednesday Agenda Meeting as old business.

Continued to June 24, 1996

Item carried forward from Agenda of May 2, May 15, and May 29, 1996.

Item 12. Docket No. 96-0580-RUL. Consideration for publication of and hearing on a proposed new 30 TAC Chapter 106, Section 106.102, regarding Comfort Heating. The proposed rule would create a new Section 106.102, which is a recodification of current Standard Exemption Number 3, with changes to allow for burning distillate fuel oil (containing less than 0.3% sulfur) and to allow for the burning of used oil in comfort space heaters if certain distance and firing rate limitations are met. (Jim Dodds) (Rule Log Number 96121-106-AI)

Continued to June 26, 1996

ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, June 12, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35

Item carried forward from Agenda of June 11, 1996.

Item 13. Docket No. 96-0962-EXE. The Commission will meet in closed session to interview applicants for the Commissions Public Interest Counsel and to deliberate the employment of the Commissions Public Interest Counsel. The authority for the closed session is Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open session to take action on this matter, as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.

Blas Coy named as Public Interest Counsel

Item carried forward from Agenda of June 11, 1996.

Item 14. 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 Commission may meet in open session to take official action concerning the settlement offer.

Except settlement as presented by Tom Bohl and authorize the Executive Director to Execute said settlement, BM/JB