UNCONTESTED (Agency Enforcement Report) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Item 1. | Docket No. 97-0066-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, Water Quality, and Public Water Supply. The discussion will also include a description of the status of enforcement backlogs. (Anne Dobbs/Paul Sarahan). | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
No Action Required | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
CONTESTED (Hearing Request)
| Item 2.
| Docket No. 96-1373-WR. CITY OF SAN MARCOS seeks
authorization (Permit No. 5539) to use the bed and banks of the San
Marcos River, Guadalupe River Basin, to convey sewage effluent
from the City's wastewater treatment plant to Cummings Lake in
Hays County where 99% of the effluent is from the city's municipal
use of Edwards Aquifer water and the applicant is requesting
authorization to convey not to exceed 10,081 acre-feet of effluent
per annum to the lake and divert and use not to exceed 9980 acre-feet of this effluent. The Commission will consider the application
and the hearing requests that have been filed on the application.
(Lann Bookout)
|
| Continued to February 24, 1997
|
| Item 3.
| Docket No. 97-0011-MWD. BLUE WATER COVE
WATER/WASTEWATER SUPPLY CORPORATION for a permit
(Proposed Permit No. 13851-01) to authorize a discharge of treated
domestic wastewater effluent at a volume not to exceed an average
flow of 15,000 gallons per day. The facility was previously
permitted under Permit No. 12665-01, which expired. The
wastewater treatment facility will serve Blue Water Cove
Subdivision. The wastewater treatment facilities are east and
adjacent to U.S. Highway 190 in the Bluewater Cove Subdivision
and approximately 3,500 feet south of the Trinity River in San
Jacinto County, Texas. The Commission will consider the
application and the hearing requests that have been filed on the
application. (Margaret Hoffman/Tom Weber)
|
| Deny Hearing Request and Issue Permit, RM/JB. McBee Voted No.
| Item 4.
| Docket No. 97-0010-MWD. JAMES E. LAUBACH for an
amendment to Permit No. 12478-01 to authorize an increase in the
discharge volume. The proposed amendment would increase the
discharge of treated domestic wastewater effluent from a volume not
to exceed an average flow of 48,000 gallons per day to a volume not
to exceed an average flow of 250,000 gallons per day. The applicant
is requesting a variance to the buffer zone requirements in
accordance with 30 TAC Section 309.13(e)(1)(B). The wastewater
treatment facilities are 100 feet south of State Highway 565 and two
miles east of the intersection of State Highway 565 and Farm-to-Market Road 1405 in Chambers County, Texas. The Commission
will consider the application and the hearing requests that have been
filed on the application. (Margaret Hoffman/Tom Weber)
|
| Continued to March 19, 1997, JB/BM. All Commissioners Agree
|
| Item 5.
| Docket No. 97-0012-IHW. INTERCONTINENTAL ENERGY
CORPORATION (IEC) for an amendment to Production Area
Authorization No. 1 (Permit No. UR02108-011) at the Zamzow
Mine Site. The proposed amendment would change restoration
values for sodium, bicarbonate, pH, alkalinity, arsenic, ammonia,
uranium, molybdenum, and radium-226. Prior to mining, the water
in the production area was used for livestock. The water will remain
suitable for this use with the proposed values. The Zamzow Project
is located in Live Oak County, Texas, approximately eight miles
east of the Three Rivers and 65 miles northwest of Corpus Christi.
The production zone is in the Oakville sand at a depth of 35 to 225
feet or approximately 65 to 130 feet below mean sea level. The
Commission will consider the application and hearing requests that
have been filed on the application. (Sharon Smith/John Clegg)
|
| Grant Hearing Request and Remand to Alternative Dispute Resolution and if
Mediation fails forward to State Office Administrative Hearings, BM/RM. All
Commissioners Agree
|
| Item 6.
| Docket No. 97-0014-AIR. WISE READY MIX CONCRETE for
Standard Exemption 71 under Standard Exemption Registration No.
32783 to construct a Concrete Batch Plant. The proposed location is
approximately 1.6 miles west northwest of Azle, off Jacksboro
Highway, Azle, Parker County, Texas. The Commission will
consider the application and the hearing requests that have been
filed on the application. (Peter Gregg/Stephanie Howell)
|
| Continued to March 5, 1997
|
| Item 7.
| Docket No. 97-0095-AIR. OCCIDENTAL CHEMICAL
CORPORATION to amend Air Quality Permit No. 18384 to
authorize construction of an additional production line at its existing
Polyvinyl Chloride (PVC) Resin Manufacturing Unit. The existing
facility is located at 4403 Pasadena Freeway in Pasadena, Harris
County, Texas. (Maria Sanchez/Tim Friday)
|
| Deny Hearing Request and Issue Permit, BM/JB. McBee Voted No.
|
|
| CONTESTED (District Matters) |
| Item 8.
| Docket No. 96-1325-DIS. CONSIDERATION OF A PROPOSED
ORDER APPROVING AN APPLICATION BY HARRIS
COUNTY MUNICIPAL UTILITY DISTRICT NO. 221 FOR
APPROVAL TO LEVY A STANDBY FEE. For Commission
consideration. Applicant requests Commission approval of
nonuniform annual debt service standby fee of (a) $1,011 per
undeveloped acre within Northview Park Sections 1-3 (Tiers 1&2);
and (b) $667 per undeveloped acre for all other undeveloped land
within the District (TNRCC Internal Control No. 013096-D01,
Robert Cummins)
|
| Approve Staff Recommendation, JB/BM. All Commissioners Agree
|
| Item 9.
| Docket No. 96-1305-DIS. CONSIDERATION OF A PROPOSED
ORDER APPROVING AN APPLICATION BY
BARKER-CYPRESS MUNICIPAL UTILITY DISTRICT OF
HARRIS COUNTY FOR APPROVAL TO LEVY STANDBY
FEES. For Commission consideration. Applicant requests
Commission approval to levy non-uniform debt service standby
fees. (TNRCC Internal Control No. 040196-D01, Robert Cummins)
|
| Approve Staff Recommendation, JB/BM. All Commissioners Agree
|
|
| CONTESTED (Municipal Solid Waste Enforcement)
|
| Item 10.
| Docket No. 96-1585-MSW-E. Consideration of an Agreed Order
requiring certain actions of World Tire Recycling, Inc., Waste Tire
Storage Registration No. 44147, for Municipal Solid Waste
violations pursuant to the Texas Solid Waste Disposal Act and the
rules of the Texas Natural Resource Conservation Commission.
(John Mead\Steve Shepherd).
|
| Issue Agreed Order, RM/JB. All Commissioners Agree
|
|
| CONTESTED (Municipal Waste Discharge Enforcements)
|
| Item 11.
| Docket No. 96-1854-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
the City of Pharr in Hidalgo County, Permit No. 10596-001; for
violations pursuant to the Tex. Water Code and the rules of the
Texas Natural Resource Conservation Commission. (Roxanne
Cook).
|
| Issue Agreed Order, JB/RM. All Commissioners Agree
|
| Item 12.
| Docket No. 96-1542-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
BICC Cables in Harrison County, Permit No. 01270; for violations
pursuant to the Texas Water Code and the rules of the Texas Natural
Resource Conservation Commission. (Michael Meyer\Guy Henry)
|
| Issue Agreed Order, RM/BM. All Commissioners Agree
|
| Item 13.
| Docket No. 96-1751-MWD-E. Consideration of an Agreed Order
requiring certain actions of the City of Magnolia in Montgomery
County, Permit No. 11871-001; for violations pursuant to the Texas
Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Mary Smith\Henry)
|
| Issue Agreed Order, JB/RM. All Commissioners Agree
|
| Item 14.
| Docket No. 96-1406-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
the Montgomery County Municipal Utility District No. 19 in
Montgomery County, Permit No. 11970-001; for violations pursuant
to the Texas Water Code and the rules of the Texas Natural
Resource Conservation Commission. (Gilbert Angelle\Henry)
|
| Issue Agreed Order, RM/JB. All Commissioners Agree
|
| Item 15.
| Docket No. 96-1883-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Edsel Jones, owner of Rolling Ridge Wastewater Treatment Plant in
Brazos County, Permit No. 12015-001; for violations pursuant to the
Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Pam Campbell)
|
| Issue Agreed Order, RM/BM. All Commissioners Agree
|
| Item 16.
| Docket No. 96-1757-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
the City of Mount Calm in Hill County, Permit No. 11464-001 for
violations pursuant to the Texas Water Code and the rules of the
Texas Natural Resource Conservation Commission. (Pam
Campbell)
|
| Continue until March 19, 1997
|
| Item 17.
| Docket No. 96-1408-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
West Houston Airport Corporation in Harris County, Permit No.
12516-001; for violations pursuant to the Texas Water Code and the
rules of the Texas Natural Resource Conservation Commission. (Lin
Zhang\Henry) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 18.
| Docket No. 95-1425-MWD-E. Consideration of an Agreed Order
requiring certain actions of Oscar Lee Martin in Polk County; for
violations of Chapter 26 of the Texas Water Code, and the rules of
the Texas Natural Resource Conservation Commission. (Ray
Winter). | Issue Agreed Order, RM/JB. McBee Abstains. |
| CONTESTED (Air Quality Enforcements) | Item 19.
| Docket No. 96-1386-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
American Paint & Body Shop in Dallas County; Account No.
DB-4144-R; 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.
(Sheila Smith) | Remand to Executive Director, JB/BM. Marquez absent for vote. | Item 20.
| Docket No. 96-1390-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Top Cut Tree Service in Montgomery County; Account No.
MQ-0308-P; 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.
(Sheila Smith) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 21.
| Docket No. 96-1498-AIR-E. Consideration of an Agreed Order
requiring certain actions of Rust Specialty Chemicals, Incorporated
in Harris County; Account No. HX-0884-U; 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. (Sheila Smith) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 22.
| Docket No. 96-0600-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Trinity Industries, Inc., in Tarrant County; Account No. TA-0429-V;
for air quality violations pursuant to the Texas Clean Air Act,
Chapter 382 of the Texas Health & Safety Code, and the rules of the
Texas Natural Resource Conservation Commission. (Walter
Ehresman). | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 23.
| Docket No. 96-0605-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Woodland's Body Shop in Montgomery County; Account No.
MQ-0275-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.
(Miriam Hall) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 24.
| Docket No. 96-1548-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Groendyke Transport, Inc. in Galveston County; Account No.
GB-0185-D; 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.
(Miriam Hall) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 25.
| Docket No. 96-1259-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Rock Wool Manufacturing Company in Harris County; Account No.
HG-1766-N; 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.
(Miriam Hall) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 26.
| Docket No. 96-0693-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Euless Auto Sales in Tarrant County; Account No. TA-2840-W; 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. (Tel Croston) | | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 27.
| Docket No. 96-1292-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Ralph's Paint and Body Shop in Tarrant County; Account No.
TA-1850-D; 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.
(Kevin Cauble) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 28.
| Docket No. 96-1120-AIR-E. Consideration of an Agreed Order
requiring certain actions of Texas Aircraft Milling, Incorporated in
Dallas County; Account No. DB-0797-R; 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. (Carl Schnitz) | Issue Agreed Order, RM/BM. All Commissioners Agree | Item 29.
| Docket No. 96-1263-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Marock, Incorporated in Wise County; Account No. WN-0034-U;
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. (Carl
Schnitz) | Issue Agreed Order, RM/BM. All Commissioners Agree |
| CONTESTED (Industrial Waste Discharge Enforcements) | Item 30.
| Docket No. 96-1629-IWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Monte Allen in Comanche County, No TNRCC Permit; for
violations pursuant to the Texas Water Code and the rules of the
Texas Natural Resource Conservation Commission. (Pam
Campbell) | Issue Agreed Order, RM/JB. All Commissioners Agree | Item 31.
| Docket No. 96-1545-IWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
CDR Environmental, Inc. in Harris County, Permit No. 03524; for
violations pursuant to the Texas Water Code and the rules of the
Texas Natural Resource Conservation Commission. (Laurie
Eaves\Henry) | Issue Agreed Order, RM/JB. All Commissioners Agree |
| CONTESTED (Petroleum Storage Tank Enforcements) | Item 32.
| Docket No. 96-0925-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
James Caldwell in Bexar County; PST Enforcement Identification
No. E11504; 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, JB/RM. All Commissioners Agree | Item 33.
| Docket No. 96-1599-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Mr. Ali Ahmed Hirani in Harris County; PST Enforcement
Identification No. E10950; for petroleum storage tank violations
pursuant to the Texas Water Code, Section 26.136, Texas Health
and Safety Code, Chapter 382, and the rules of the Texas Natural
Resource Conservation Commission. (Sushil Modak) | Issue Agreed Order, JB/RM. All Commissioners Agree | Item 34.
| Docket No. 96-1837-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of L
& M Grocery, Inc. in Dallas and Denton Counties; Enforcement ID
Nos. E11557, E11413, E11412, E11415, E11416, E11417, E10967,
E11414, E11387, and E11206; for petroleum storage tank violations
pursuant to Chapter 26 of the Texas Water Code, the Texas Clean
Air Act, Chapter 382 of the Texas Health & Safety Code, and the
rules of the Texas Natural Resource Conservation Commission.
(Walter Ehresman). | Issue Agreed Order, JB/RM. McBee Voted No. |
| CONTESTED (Industrial Hazardous Waste Enforcements) | Item 35.
| Docket No. 96-1608-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
the Texas Industrial Radiator, in Travis County; FOD No. F0027;
for 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. All Commissioners Agree | Item 36.
| Docket No. 96-1905-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Oxy Petrochemicals Inc. in Nueces County; SWR No. 31685; for
industrial and hazardous waste violations pursuant to Chapter 26 of
the Texas Water Code, and the rules of the Texas Natural Resource
Conservation Commission. (Greg Warmink). | Issue Agreed Order, RM/JB. All Commissioners Agree |
| CONTESTED (Public Water Supply Enforcement) | Item 37.
| Docket No. 95-1009-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Blackjack Water Supply Corporation in Cherokee County; PWS No.
0370029; CNN No. 11402; for drinking water quality violations
pursuant to Chapter 341 of the Texas Health and Safety Code, and
the rules of the Texas Natural Resource Conservation Commission.
(Mary Risner). | Issue Agreed Order, RM/JB. All Commissioners Agree |
| CONTESTED (Rules) | Item 38.
| Docket No. 97-0102-RUL. Consideration of a petition for
rulemaking to adopt amendments to 30 TAC Chapter 317, Section
317.2, concerning Sewage Collection Systems. The petition filed by
Phillips/Driscopipe proposes a revision to the pipe selection
requirement in the design of sewage collection systems. The
proposed revision would add a performance-based standard for
polyethylene pipe to the requirements. Staff recommends denial of
this petition. (Tom Weber). | Deny Petition, JB/RM. McBee Abstains | Item 39.
| Docket No. 96-1809-RUL. Consideration for repeal of 30 TAC
Section 116.211, concerning Standard Exemption List and 30 TAC
Section 116.212, concerning Public Notice and Comment
Procedures; and for adoption of amendments to 30 TAC Chapter
106, concerning Exemptions from Permitting. If approved, the
amendments would incorporate the standard exemptions contained
in Section 116.211 and hearing notice requirements of Section
116.212, with no substantial changes, into new sections of Chapter
106. The primary purpose of the repeals and amendments is to
provide the commission greater flexibility in rulemaking related to
standard exemptions. The proposed rules were published in the
December 17, 1996, issue of the Texas Register (21 TexReg 12055).
(Rule Log No. 96180-106-AI) (Beecher Cameron). | | Approve Staff Recommendation, RM/BM. All Commissioners Agree | Item 40.
| Docket No. 97-0079-RUL. Consideration for publication of, and
hearing upon, a proposed new 30 TAC Chapter 106, Subchapter I,
Section 106.231, concerning Manufacturing, Refinishing, and
Restoring of Wood Products. The proposed section would create an
exemption for manufacturers, refinishers, and restorers of wood
products from the air permitting requirements of Texas Health and
Safety Code, Section 382.0518. (Lisa Evans) (Rule Log No. 96183-106-AI). | Proceed with publication and hearing, BM/JB. All Commissioners Agree |
| EXECUTIVE SESSION | Item 41.
| Docket No. 97-0106-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
42.
| Docket No. 97-0107-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 | Item 43.
| Docket No. 97-0108-EXE. The Commission will consider in open
meeting legislative matters related to its jurisdiction, including
proposed legislation and related position papers, briefing materials,
and status reports. The Commission may also meet in closed
meeting to receive legal advice regarding these matters as authorized
by Section 551.071 of the Open Meetings Act, Chapter 551 of the
Government Code. Any Commission action, decision or vote on
these matters will be made in open meeting in accordance with
Section 551.102 of the Open Meetings Act, 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 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. |
| |
Item 44. | Docket No. 97-0112-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Public Interest Counsel as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the 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 Government Code. |
No Action Taken | |
Item 45. | Docket No. 97-0080-RUL. Consideration for notice of and hearing on a proposed revision to the State Implementation Plan (SIP) regarding sulfur dioxide emissions in Harris County. On July 24, 1996 the commission adopted modified orders for two facilities in Harris County; Simpson-Pasadena and Lyondell/Citgo. The proposed revision, if approved, would incorporate these voluntary commission orders into the SIP, thus avoiding a situation where state and federal emissions limitations might conflict. (Lisa Evans) (Rule Log 96181-SIP-AI) |
Approve Staff Recommendation, RM/JB. All Commissioners Agree | |
Item 46. | Docket No. 97-0121-MWD. The Commission will consider the issuance on January 3, 1997 by the Executive Director of amended wastewater discharge Permit No. 12189-001 to Tex-Sun Parks, L.C. The permit authorizes the treatment and disposal of wastes from the Western Pines Mobile Home Community Wastewater Treatment facilities. The facilities are located approximately 2,000 feet west of Fry Road and 1,000 feet north of Morton Road in Harris County, Texas. The Commission received a timely hearing request on the application for amended Permit No. 12189-001 during the period for submitting such a request. |
Continued to March 19, 1997 and continue time to act for 30 days, RM/BM. All Commissioners Agree | |
Item 47. | Docket No. 97-0125- EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Director of the Office of Public Assistance as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the 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. |
No Action Taken |
Item 48. | Docket No. 97-0126-EXE. The Commission will consider the processing of applications for air quality permits. The discussion will cover public notice, the processing of hearing requests including the implementation of SB 1125 (from the 74th Legislative Session), and other public participation issues. |
See Item 5 at 1:00 p.m. | |
Item carried forward from Agenda of January 8, 1997 and
February 5, 1997.
| |
Item 1. | Docket No. 96-1892-RUL. Consideration for publication of, and hearing upon, a proposed new 30 TAC Chapter 52, concerning Compliance History; and for publication of, and hearing upon, the proposed repeal of 30 TAC Chapter 116, Subchapter A, Section 116.11, concerning Compliance History Definitions, and Subchapter B, Sections 116.120-116.126, concerning Compliance History; and for revisions to the State Implementation Plan. The rules would establish a uniform rule to ensure the consistent consideration of compliance history across all agency program areas in contested case hearings on permit applications and enforcement actions and remove duplicative requirements in Chapter 116. (William Foster)(Rule Log. No. 96182-052-AD). |
Remand to Executive Director and instructed General Counsel to work with staff, BM/RM. All Commissioners Agree | |
Item carried forward from Agenda of January 22, 1997. | |
Item 2. | Docket No. 97-0014-AIR. Application of Wise Ready Mix Concrete, Inc. for a Standard Exemption authorizing the proposed construction of a concrete batch plant to be located approximately 1.6 miles west northwest of Azle, off Jacksboro Highway. (Peter Gregg) |
See Item #6 | |
Item carried forward from Agenda of December 18, 1996 and
January 22, 1997.
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Item 1. | Docket No. 96-1488-MWD. CITY OF SHERMAN for an amendment to Permit No. 10329-01 to authorize an increase in the discharge volume. The proposed amendment would increase the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 12,000,000 gallons per day to a volume not to exceed an average flow of 16,000,000 gallons per day. The permittee is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Section 309.13(e)(1)(A). The wastewater treatment facilities are south of the Farm-to-Market Road 1417 Bridge over Post Oak Creek on the west side of Post Oak Creek southeast of the City of Sherman in Grayson County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Robert Martinez/Tom Weber) |
Deny Hearing Request and Issue Amendment, JB/RM. All Commissioners Agree | |
Item 1. | Docket No. 96-1950-SLG. The Texas Natural Resource Conservation Commission will consider the Executive Director's authority to annul Registration No. 710725 issued on March 25, 1996 to Magna-Flow International, Inc. Registration No. 710725 authorizes the land application of wastewater treatment plant sludge and water treatment sludge at a site that is located approximately 28 miles north of the City of Laredo in Webb County, Texas. The Commission will also consider the requests for reevaluation filed by the City of Laredo, Webb County, and the Honorable Judith Zaffirini, State Senator for District 21, requesting the Commission reconsider the Executive Director's issuance of Registration No. 710725 to Magna-Flow International, Inc. |
No Action Required | |
Item 2. | Docket No. 97-0101-AGR. Consideration of the Requests for Commission Review concerning the Executive Director's determinations that no comments submitted concerning the application by Robert Lueck for Permit-by-Rule No. 03439 demonstrated technical merit. The application concerns the dairy facility currently authorized under Subchapter B of Chapter 321 of TNRCC rules by Permit No. 03439. The application by Robert Lueck seeks to transfer authorization to operate from Subchapter B to Subchapter K of Chapter 321 of TNRCC rules pursuant to 30 TAC §321.183(l). The application also requests authorization, pursuant to Subchapter K of Chapter 321 of TNRCC rules, to expand the dairy facility from 990 head to operate at a maximum of 1,570 head and to generate, collect, and treat animal wastewater on-site. Waste will be beneficially disposed of off-site and on-site. The facility is located near Lingleville on the east side of Farm-to-Market Road 219 approximately one mile south of the intersection of Farm-to-Market Road 219 and Farm-to-Market Road 8 in Erath County. The facility is in the drainage area of the Upper North Bosque River in Segment No. 1255 of the Brazos River Basin. |
Deny Request and Affirm Executive Director's determination, RM/JB. McBee voted No. | |
Item 3. | Docket Number 96-1662-SLG. Consideration of registration No. 710739 signed by the Executive Director on January 27, 1997, to Cary Juby and Frederick J. Juby Residuary Trust. In addition, the Commission will consider the issuance of a corrected Registration No. 710739 to Mr. Cary Juby and Frederick J. Juby, Jr. Residuary Trust. The corrected registration would authorize Mr. Cary Juby and Frederick J. Juby, Jr. Residuary Trust to land apply certain domestic wastewater treatment sludge, water treatment sludge and domestic septage products and would limit the land application of domestic septage to no more than 11,075 gallons per acre per year. The site for land application is located on the northwest side of the intersection of State Highway 183 and County Road 210. This intersection is approximately 1500 feet south of Briggs in Burnet County, Texas. |
Set aside Jan 27, 97 Registration and Issue corrected registration, BM/RM. All Commissioners Agree | |
Item 4. | Docket Number 95-1341-AGR. Consideration of the Motion for Rehearing filed by Craig B. Silverthorne dba Plainview Feedyard. The motion concerns the Commission's order to revoke permit No. 01926 which was issued on December 20, 1996. Permit No. 01926 authorized the disposal of wastewater and rainfall runoff from the feedlot facility into a playa lake retention facility located one block north of the A.T. & S.F. Railroad on Farm Road 400 and one block east of the City of Plainview in Hale County, Texas. |
Deny Motion for Rehearing, BM/RM. All Commissioners Agree | |
Item 5. | Docket No. 97-0126-EXE. The Commission will consider the processing of applications for air quality permits. The discussion will cover public notice, the processing of hearing requests including the implementation of SB 1125 (from the 74th Legislative Session), and other public participation issues. |
No Action Taken | |