MCBEE
MARQUEZ
BAKER

CONTESTED AGENDA

Wednesday, September 25, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 A.M.

Bldg E. Room 201S

12118 N. Interstate 35

UNCONTESTED (Agency Enforcement Reports)

Item 1. Docket No. 96-1435-RPT. Discussion of an Agency Report on Enforcement Actions from various programs including Agriculture, Air, Industrial & Hazardous Waste, Multi-Media, Municipal Solid Waste, Occupational Certification, Petroleum Storage Tanks, Watershed Management, and Water Utilities. The discussion will also include a description of enforcement backlogs and prioritization for backlog elimination. (Anne Dobbs/Paul Sarahan).

No Action Required

CONTESTED (Hearing Request)

Item 2. Docket No. 96-1426-IWD. GILMER POTTERIES, INC. for renewal of Permit No. 01361 which authorizes a discharge of treated process wastewaters at a volume not to exceed a flow of 50,000 gallons during any 24-hour period via Outfall 001. The applicant operates a plant which manufactures porcelain products. The plant site is southwest of the intersection of Warren Avenue and U.S. Highway 271 in the City of Gilmer in Upshur County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)

Deny Hearing Request and Issue Renewal, JB/RM - All Agree

CONTESTED (District Matter)

Item 3. Docket No. 96-1166-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING AN APPLICATION BY MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 43 FOR APPROVAL OF THE LEVY OF A DEBT SERVICE STANDBY FEE; For Commission consideration. Applicant seeks approval for the levy of a non-uniform annual debt service standby fee ranging from $805 to $1,674 per acre to supplement the debt service account, for an annual total standby fee revenue of $303,707. (TNRCC Internal Control No. 061096-D01, Robert Cummins)

Remand to Hearing

CONTESTED (Emergency Order)

Item 4. Docket No. 96-0844-IWD. Consideration of a request by the Texas Department of Transportation (TxDOT) and Environmental Corrections Corporation (ECC) d.b.a. Waste Control Services for the renewal of an Emergency Order authorizing the discharge of a maximum of 21,600 gallons per day of treated groundwater from tunneling operations to construct drainage facilities on a TxDOT easement for a road construction project located on North Carlyle Avenue, approximately 500 feet south of the intersection of North Carlyle Avenue and E. Bow Street in the City of Tyler in Smith County, Texas. The treated groundwater would be discharged to an unnamed ditch; thence to an unnamed tributary of Black Ford Creek; thence to Black Fork Creek; thence to the Neches River Basin. The segment is water quality limited. The designated uses for Segment No. 0606 are: intermediate quality aquatic life use, contact recreation, and public water supply. The effluent limits in the draft permit will maintain and protect the existing instream uses. No significant degradation of Black Fork Creek is anticipated. (Bateman)

Issue Emergency Order, RM/JB - All Agree

CONTESTED (Industrial Hazardous Waste Enforcement)

Item 5. Docket No. 96-0808-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of The Estate of Melton E. Kelly, in Navarro County; SWR NO. 82532; for industrial and hazardous waste violations pursuant to the Texas Water Code, Chapter 26; Texas Health & Safety Code, Chapter 361; and the rules of the Texas Natural Resource Conservation Commission. (Lisa Newcombe).

Issue Default Order, RM/JB - All Agree

CONTESTED (Petroleum Storage Tank Enforcement)

Item 6. Docket No. 96-1412-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Superior Bag & Supply; Enforcement ID No. E10902; 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, JB/RM - All Agree

CONTESTED (Rate Matter)

Item 7. Docket No. 96-1401-UCR. Consideration of Executive Director's request for interim rates in Box and Jimenez, Inc. dba Lakewood Trails Water in Van Zandt County, Texas; CCN No. 12450. (Jim Bateman/Mary Jane Ford)

Set Interim Rates - JB/BM - All Agree

CONTESTED (Rules)

Item 8. Docket No. 96-0787-RUL. Consideration for adoption of new Subchapter F, concerning General Operating Permits, in 30 TAC Chapter 122. The new rules would allow oil and gas operations and bulk storage terminals to use a General Operating Permit as an alternative permitting mechanism to achieve compliance with the Texas Operating Permits Program. The proposed rules were published in the June 4, 1996, issue of the Texas Register (21 TexReg 4955). (Jim Dodds)(Rule Log No. 96118-122-AI).

Adopt New Subchapter F, with changes as recommended by staff, RM/BM - All Agree

Item 9. Docket No. 96-1432-RUL. Consideration for publication of an amendment to 30 TAC Chapter 305, Subchapter N, Section 305.521. The amendment will establish a new Memorandum of Understanding (MOU) between the Texas Natural Resource Conservation Commission and the Texas State Soil and Water Conservation Board. The MOU will set forth the coordination of jurisdictional authority, program responsibility, and procedural mechanisms for nonpoint source pollution programs. (Darrell Williams)(Rule Log No. 96126-305-WT).

Publish Amendment as Recommended, JB/RM - All Agree

EXECUTIVE SESSION

Item 10. Docket No. 96-1484-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 11. Docket No. 96-1485-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.)(PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MAKE.)

REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.


ADDENDUM TO AGENDA

Wednesday, September 25, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 12. Docket No. 96-1512-RUL. Consideration for publication of proposed amendments to 30 TAC Chapters 1, 50, 55, 80, 116, 312, 321, 330, 332, and 337. The proposed amendments are made as part of the Commission's efforts to revise and clarify its rules on procedural requirements. The amendments concern the Commission's evaluation of hearing requests, the Executive Director's approval of uncontested applications, withdrawing an application, and other procedural issues.

Continued to September 26, 1996

Item 13. Docket No. 96-1513-RES. Consideration of a resolution concerning the Commission's evaluation of hearing requests. On September 11, 1996, the Commission adopted a resolution concerning the evaluation of hearing requests, directing the General Counsel to manage a project to revise the Commission's rules and policies on this subject. The Commission will consider the adoption of a second resolution to give further direction.

Continued to September 26, 1996

Item 14. Docket No. 96-1514-EXE. The Texas Natural Resource Conservation Commission will conduct a closed meeting to discuss and receive legal advice regarding the following pending litigation related to the Edwards Aquifer: Sierra Club v. San Antonio, et al., Civ. Action No. MO-96-CA-097, United States District Court, Western District of Texas, Midland - Odessa Division. The authority for the closed meeting is Section 551.071 of the Open Meetings Act, Chapter 551, Government Code. The Commission will further consider the actions of the Commission's General Counsel on this matter as permitted by Section 551.071, and the Commission may meet in open session to take official action concerning these matters, including revision of the Commission's resolution delegating certain duties and authority to the General Counsel.

Move to Ratify the action of the General Counsel taken in authorizing the participation of this agency, part of the intervention of the state of Texas in the matter of Sierra Club vs San Antonio et al. U.S. District Court, for the Western District of Texas in Midland - Odessea Division, BM/RM - All Agree

Item 15. Docket 96-1515-CON. Consideration for the Texas Natural Resource Conservation Commission (the "TNRCC") to execute an operating agreement with the Natural Resource Foundation of Texas (NRFT) to solicit funding and in-kind donations, contract for services and acknowledgments, and manage funds and other donations received for various state purposes including "The Texas Lake And River Cleanup," "the Texas Natural Resource Fair," and the "Texas Natural Resource Media Odyssey." (Andrew Neblett)

Continued to October 9, 1996


OLD BUSINESS AGENDA

Wednesday, September 25, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg. E

12118 N. Interstate 35

Item carried forward from Agenda of September 11, 1996.

Item 1. Docket No. 96-1315-IHW. TEXAS ECOLOGISTS, INC. for Class 3 Permit Modification of Hazardous Waste Permit No. HW-50052-01. The modification requests authorization to construct and operate Cell 26, a land disposal unit for nonhazardous industrial waste. The facility is located on Petronila Road 3.5 miles south of Robstown, Nueces County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Sharon Smith/John Clegg)

Refer to Alternative Dispute Resolution for 4 to 6 weeks. General counsel suggested if ADR feels no mediation can be reached then set item back on Agenda as soon as possible. RM/BM - All Agree

Item carried forward from Agenda of September 11, 1996.

Item 2. Docket No. 96-1314-IWD. CDR ENVIRONMENTAL, INC. for Proposed Permit No. 03893 to store, process and dispose of wastewater treatment sludge. The sludge will be land applied by irrigation on a TNRCC regulated site (TNRCC Registration No. 710057) or hauled by vacuum trucks to other TNRCC registered land application sites. The applicant proposes to land apply wastewater treatment sludge based on the agronomic need of the crops grown on the land. No discharge of pollutants into waters of the State is authorized by this permit. The facility is approximately 1,000 feet within the TNRCC registered site 710057 which is approximately 0.9 mile southwest of the intersection of Farm-to-Market Road 362 and Farm-to-Market Road 529, approximately 8 miles north of the City of Brookshire in Waller County, Texas. The Commission will consider application and the hearing requests and protests that have been filed on the application. (Tom Weber/Bob Sweeney)

Deny hearing request and issue permit, JB/RM. McBee voted Against.

Item carried forward from Agenda of September 11, 1996.

Item 3. Docket No. 96-1313-IWD. ANCHOR STONE COMPANY for a permit (Proposed Permit No. 03884) to authorize an intermittent, flow variable discharge of mine pit water, process wastewater and stormwater via Outfall 001; and an intermittent, flow variable discharge of stormwater via Outfall 002. The applicant operates a limestone quarry and rock crushing operation. The plant site is adjacent to the south side of Grindstone Road, approximately 1.5 miles south of the intersection of Interstate Highway 20 and Millsap Road and west of the City of Weatherford in Parker County, Texas. The Commission will consider the application and the concerns that have been filed on the application. (Tom Weber/ Bob Sweeney)

Continued to October 23, 1996


ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, September 25, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of August 29, 1996 work session, and September 11, 1996.

Item 4. Consideration of revision of the Commission's approach, procedure, and/or rules relating to requests for contested case hearings (30 Tex. Admin. Code §§ 55.1-.31). The Commission may receive public comment on this matter.

Submitted in Error


SECOND ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, September 25, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of September 18, 1996.

Item 5. Docket No. 96-1376-MWD. CITY OF BEEVILLE for a permit (Proposed Permit No. 10124-04) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 2,500,000 gallons per day. The wastewater treatment facility will serve the McConnell Prison Unit and the Chase Field complex. The wastewater treatment facilities are approximately 6,000 feet south of State Highway 202, 2,600 feet east of Poesta Creek and south-southeast of the City of Beeville in Bee County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)

Deny hearing request and Issue Permit, RM/BM - All Agree

Item carried forward from Agenda of August 21, and September 18, 1996.

Item 6. Docket No. 96-1151-IWD. UNION CARBIDE CORPORATION for an amendment without renewal to Permit No. 00447 in order to establish interim effluent limits for biochemical oxygen demand and total suspended solids and establish final effluent limits to account for wet weather flow. The permit currently authorizes the following discharges: (1) process wastewater, domestic wastewater and groundwater at a volume not to exceed an average flow of 5,800,000 gallons per day via Outfall 001; (2) water treatment wastewater, utility wastewaters, and stormwater at a volume not to exceed an average flow of 12,000,000 gallons per day via Outfall 002; and (3) an intermittent, flow variable discharge of stormwater via Outfalls 003, 004, 005, 006, 007, 008, 009, 010, 011, 012, 014, 015, and 016, which will remain the same. The applicant operates a plant which manufactures organic chemicals, plastics, and industrial gases. The plant site is on the east side of State Highway 185 approximately 8000 feet south of the intersection of State Highway 185 and State Highway 35 and approximately eight miles north of the City of Seadrift, Calhoun County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Tom Weber/Bob Sweeney)

Deny Hearing Request and Issue Amendment, BM/RM - All Agree

Item carried forward from Agenda of September 18, 1996.

Item 7. TNRCC Docket No. 95-0787 REC; SOAH Docket No. 582-95-1035. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Virgil P. Pettigrew for approval of preliminary plans for an existing levee in Navarro County. Reclamation No. 0293 Applicant seeks authorization to repair modify an existing levee. Recommendation: Approval of preliminary plans for the modification and repairs of the levee. ALJ: Bill Ehret

Continued to December 4, 1996, RM/BM - All Agree


AGENDA

Wednesday, September 25, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 P.M.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 1. Docket No. 96-0822-IWD. Consideration of the Motion for Rehearing filed by IBP, Inc. requesting amendments of wastewater discharge permit no. 01873 issued by the Commission on August 13, 1996.

Grant Motion for Rehearing, RM/JB - All Agree. Issue Amendments of wastewater dishcarge permit, BM/RM - All Agree

Item 2. Docket No. 96-1466-IHW. Consideration of the Executive Director's requirement that TXI Operations, LP (Midlothian Cement Plant) submit, as part of its hazardous waste permit application (Permit No. HW-50316-001), an air addendum to demonstrate that its facility will comply with the Texas Clean Air Act. (Ellis County)

Continued to October 9, 1996

Item 3. Docket No 96-1509-AIR. Consideration of an application by Aluminum Chemicals, Inc. for an air permit (Proposed Permit No. 32801) to authorize the operation of a bleach production unit at it's existing aluminum sulfate plant. The plant is located at 1632 Haden Road, an unincorporated area just southeast of the City of Houston. The Commission will consider the application and the hearing requests on the application. (Peter Gregg/Tony Ionescu)

Deny Motion for Continuance - RM/JB. McBee voted for Continuance. Deny Hearing request and grant permit, BM/RM - All Agree


ADDENDUM TO AGENDA

Wednesday, September 25, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 4. Docket No. 95-0057-MSW; SOAH Docket No. 582-95-1057. The Commission will consider a second motion for rehearing concerning the application by Silver Creek Materials, Inc. for permit No. MSW 2216. The Commission's order granting in part the first motion for rehearing was mailed on August 23, 1996. The application concerned a composting facility in Tarrant County.

Deny Motion for Rehearing, RM/BM - All Agree