| Item 1. | Docket Number 97-0516-RPT. Discussion of an Agency Report on Enforcement Actions from various media including Agriculture, Air, Industrial & Hazardous Waste, Multi-Media, Municipal Solid Waste, Occupational Certification, Petroleum Storage Tanks, Water Quality, and Public Water Supply. (Anne Dobbs) |
| Item 2. | Docket No. 97-0396-UIC. URI, INC. for a Class III Underground Injection Control Permit (Proposed Permit No. UR03050-001) to authorize in situ uranium mining at its Vasquez Project. The permit area of this site is 841.66 acres and contains one proposed production area of approximately 454 acres. The production zone is approximately 45 to 70 feet thick in the Oakville Sandstone at a depth of 150 feet below land surface and 480 feet below sea level. The mine is located in Duval County on the north side of Highway 359, ten miles south-southeast of Bruni and 50 miles east of Laredo. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 3. | Docket No. 97-0466-IHW. OCCIDENTAL CHEMICAL CORP. has requested a Class 3 modification to hazardous waste permit No. HW-50248-001. The modification requests the addition of an existing hazardous waste container storage area and an existing hazardous waste storage tank to our permitted facilities. The modification also requests an increase in the maximum allowable emission rates for volatile organic compounds from two hazardous waste incinerators from 0.01 lbs/hr per incinerator to 0.03 lbs/hr per incinerator, an increase in the maximum allowable emission rates for particulate matter from two hazardous waste incinerators from 0.26 lbs/hr per incinerator to 6 lbs/hr per incinerator and 15 tons/year for both incinerators feed. Increased emission rates are within current regulatory standards. Additional minor modifications to update and clarify permit provisions have also been requested. The existing facility is located at Tidal Road inside the Shell Complex, in Deer Park, Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 4. | Docket No. 97-0467-MSW. WASTE MANAGEMENT OF TEXAS, INC. for amendment to Permit No. MSW1019, designated Application No. MSW1019-A, to authorize an increase in the permitted acreage from 188.244 to 244.76 acres and increase the maximum fill elevations to 1019 feet mean sea level. The additional 36.516 acres is designated for additional site facilities. The permittee is authorized to dispose of municipal solid waste resulting from or incidental to municipal, community, commercial, institutional and recreational activities: municipal solid waste resulting from construction or demolition projects, Class 2 industrial solid waste, Class 3 industrial solid waste special waste that are properly identified. The acceptance of Class industrial solid waste, Class 3 industrial solid waste and/or special waste is contingent upon such waste handled in accordance with 30 TAC Sections 330.136 and 330.137, and in accordance with limitations and special provisions provided in the permit and application. solid waste may be initially accepted for disposal at a rate of 12,000 cubic yards per day or 3,500 tons per day, but not limited to this amount. The facility is located north of the intersection of Lickcrest Drive and U.S. Interstate 30, approximately 0.6 miles east of the Parker-Tarrant County line, and approximately 13 miles west of downtown of the City of Fort Worth in Tarrant County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 5. | Docket No. 97-0392-IWD. MAPCO PETROLEUM, INC. for a permit (Proposed Permit No. 03920) to authorize the discharge of wastewater and storm water at a volume not to exceed an average flow of 500 gallons per day. The applicant operates a service station, truck stop and convenience store for retail sales. The plant site is located at 2205 State Highway 62 in the City of Orange, Orange County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
| Item 6. | Docket No. 97-0528-MWD. Consideration of a request from Northwest Harris County Municipal Utility District No. 10 for an Order authorizing commencement of construction of a new wastewater treatment facility prior to Commission consideration of its application for a new wastewater discharge permit, in accordance with § 26.027© of the Texas Water Code. The proposed authorization to construct would not permit the discharge of any wastewater. (Anthony Tatu, 239-5778) |
| Item 7. | Docket No. 97-0527-MWD. Consideration of Phelp Dodge’s request for an Order authorizing commencement of construction of a wastewater treatment and disposal facility in El Paso County, prior to Commission consideration of its application for an amended wastewater discharge permit. The proposed authorization to construct would not permit the discharge of any wastewater. (Leslie Brown/Ernest McFarland) |
| Item 8. | Docket No. 97-0249-DIS. Consideration of a Proposed Order Approving Application by West Harris County Municipal Utility District No. 4 for Approval to Levy a Standby Fee. For Commission consideration. Applicant requests Commission approval to levy uniform debt service and operation and maintenance standby fees on all undeveloped property within the District. (TNRCC Internal Control No. 100996-D03, Robert Cummins) |
| Item 9. | Docket No. 97-0382-DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE PETITION BY BENE FACIMUS, LTD., ET AL FOR CREATION OF PASEO DE LA RESACA MUNICIPAL UTILITY DISTRICT NO. 1. For Commission consideration. The Commission has received a petition from Bene Facimus, Ltd., et al for the creation of Paseo De La Resaca Municipal Utility District No. 1, which would contain approximately 234.789 acres. (TNRCC Internal Control No. 121096-D04, Robert Cummins) |
| Item 10. | Docket No. 97-0383-DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE PETITION BY BENE FACIMUS, LTD., ET AL FOR CREATION OF PASEO DE LA RESACA MUNICIPAL UTILITY DISTRICT NO. 2. For Commission consideration. The Commission received a petition from Bene Facimus, Ltd., et al for the creation of Paseo De La Resaca Municipal Utility District No. 2, which would contain approximately 423.451 acres. (TNRCC Internal Control No. 121096-D05, Robert Cummins) |
| Item 11. | Docket No. 97-0384-DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE PETITION BY BENE FACIMUS, LTD., ET AL FOR CREATION OF PASEO DE LA RESACA MUNICIPAL UTILITY DISTRICT NO. 3. For Commission consideration. The Commission has received a petition from Bene Facimus, Ltd., et al for creation of Paseo De La Resaca Municipal Utility District No. 3, which would contain approximately 229.874 acres. (TNRCC Internal Control No. 121096-06, Robert Cummins) |
| Item 12. | Docket No. 96-1831-DIS. Consideration of a Nunc Pro Tunc Order correcting the description of the Petition in the Commission's Order issued March 10, 1997 approving the creation of El Paso Down Management District of El Paso County Pursuant to Texas Local Government Code, Chapter 375. (Angela Stepherson) |
| Item 13. | Docket No. 96-0893-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Budget Rent A Car of El Paso in El Paso County; PST Enforcement Identification No. E11553; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson) |
| Item 14. | Docket No. 96-0646-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southwest Texas Fuels in Ward County, PST Enforcement Identification No. E11535; 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. All Commissioners Agree
| Item15. | Docket No. 96-1352-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southwest Independent School District in Bexar County; PST Enforcement Identification No. E11571; 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. All Commissioners Agree
| Item 16. | Docket No. 96-1302-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Classic Group, Inc. in Dallas County; PST Enforcement Identification No. E11631; for petroleum storage tank violations pursuant to the Texas Health and Safety Code, Chapter 382, the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel) |
| Item 17. | Docket No. 96-1677-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fort Bend Independent School District in Fort Bend County; PST Enforcement Identification No. E11625; 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. (Connie Wong) |
| Item 18. | Docket No. 96-1620-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Messrs. Michael Lee Malamut and Roy Metzler in Denton County; PST Enforcement Identification No. E11696; 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 and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak) |
| Item 19. | Docket No. 96-0544-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Al Mahran Corporation, Inc. in Harris County; for underground storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter) |
| Item 20. | Docket No. 97-0338-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of M. R. Jiwani International, Inc. in Jefferson County; PST Enforcement ID No. E11165; for underground storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps Welton) |
| Item 21. | Docket No. 96-1561-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Minhaz Hooda in Denton County; Facility ID No. 0038666 and PST Enforcement ID No. E11721; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman) |
| Item 22. | Docket No. 97-0270-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Wayne L. Rainwater in Walker County; PST Enforcement ID No. E11228; for underground storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Patricia Capps Welton) |
| Item 23. | Docket No. 97-0104-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Kleberg County Sheriff Department in Kleberg County; PST Enforcement Identification No. E11430; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission (Craig Carson) |
| Item 24. | Docket No. 96-0488-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Discount Oils, Lubes, & Fuels, Inc. in Starr County; PST Enforcement ID Nos. E11150 and E11574; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter) |
| Item 25. | Docket No. 96-1165-PST-E. Consideration of an Order requiring certain actions of Elmer Keith in King County; PST Enforcement ID No. E11608; for underground storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter) |
| Item 26. | Docket No. 97-0185-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of P & R Auto Sales & Tire Service in Harris County; Account No. HX-1369-L; 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. (Mary Jennings) |
| Item 27. | Docket No. 97-0018-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of John Bludworth Marine, Incorporated in Harris County, Account No. HX-1192-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. (Gloria Stanford) |
| Item 28. | Docket No. 96-1318-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Amoco Production Company in Andrews County; Account No. AB-0001-E; 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. (Gloria Stanford) |
| Item 29. | Docket No. 96-1811-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of All Star Steel in Travis County; Account No. TH-0624-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. (Tel Croston) |
| Item 30. | Docket No. 96-1701-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Erath Recycling in Erath County, Account No. EF-0086-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. (Tel Croston) |
Issue Agreed Order, RM/JB.
| Item 31. | Docket No. 97-0073-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of North American Pipe, Incorporated in Tarrant County; Account No. TA-2943-L; 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/JB. McBee Voted No.
| Item 32. | Docket No. 96-1709-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of James Moore Construction Company in Tarrant County; Account No. TA-2781-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. (David Edge) |
| Item 33. | Docket No. 96-1819-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Odell Geer Construction Company, Incorporated in Bell County; Account No. 90-6084-C; 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. (Suzanne Walrath) |
| Item 34. | Docket No. 96-1801-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Liberty Division of Commercial Metals Company in Dallas County; Account No. DB-0193-J; 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) |
| Item 35. | Docket No. 96-1785-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dixie Shelving Company in Harris County; Account No. HG-2176-K; 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) |
| Item 36. | Docket No. 97-0027-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Way Energy, Inc. in Matagorda County; Account No. MH-0006-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) |
| Item 37. | Docket No. 97-0127-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Casa Blanca Truck Sales in Harris County; Account No. HX-0244-Q; 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) |
| Item 38. | Docket No. 97-0008-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Stafford Auto Sales & Glass in Fort Bend County; Account No. FG-0361-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. (Stacey Young) |
| Item 39. | Docket No. 96-1945-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southern Pacific Transportation Company in Jefferson County; Account No. JE-0251-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. (Lawrence King) |
| Item 40. | Docket No. 96-1807-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of PHDLP, Limited in El Paso County; Account No. EE-1842-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. (Stacey Young) |
| Item 41. | Docket No. 96-1503-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Leggett & Platt Incorporated in Ellis County; ED-0246-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. (Barbara Lazard) |
| Item 42. | Docket No. 96-1167-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Vetrotex CertainTeed Corporation, a wholly-owned subsidiary of the Saint-Gobain Corporation, in Wichita County; Air Account No. WH-0014-S; 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. (Barbara M. Lazard) |
| Item 43. | Docket No. 96-1027-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Hector's Body Shop in Collin County; TNRCC Air Account No. CP-0327-S; 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. (Barbara Lazard) |
| Item 44. | Docket No. 96-1054-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Howard Short dba Oak Hills R.V. Park in Bexar County; PWS No. 0150474; for public water system violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier) |
| Item 45. | Docket No. 96-0501-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ron Brewer dba Black's Ferry Water Company in Brazoria County; PWS No. 0200017; 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) |
| Item 46. | Docket No. 96-1102-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Cuney in Cherokee County; PWS No. 0370051; for drinking water violations pursuant to Chapter 341 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner) |
| Item 47. | Docket No. 96-0677-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Devers in Liberty County; PWS No. 1460008 and CCN No. 10112; for drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner) |
| Item 48. | Docket No. 96-0582-PWS-E. Consideration of an Agreed Order assessing administrative penalties against A.A. Remmers dba Country Estates Mobile Ranch in Kleberg County; PWS No. 1370004; for drinking water violations pursuant to Chapter 341 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mary R. Risner) |
| Item 49. | Docket No. 96-1775-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harris County Precinct No. 1 - Main Camp in Harris County; PWS No. 1012497; for drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner) |
| Item 50. | Docket No. 96-1773-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pyburn Enterprises, Incorporated in Harris County; PWS No. 1010657; for Public Water Supply System violations pursuant to Chapter 341 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner) |
| Item 51. | Docket No. 96-1671-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Christopher Cornwall dba Scenic Ridge Addition Water System in Hood County; PWS No. 1110098; 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) |
| Item 52. | Docket No. 96-0562-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Thompson Heights Water System in Grayson County; PWS No. 0910085 and CCN No. 10934; 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) |
| Item 53. | Docket No. 96-1848-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Way Out West, Limited dba Ten West Center in Bexar County; PWS No. 0150494; for drinking water violations pursuant to Chapter 341 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner) |
| Item 54. | Docket No. 96-1673-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Anita Korenek dba RKS Water Company in McLennan County: PWS No. 1550131; 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) |
| Item 55. | Docket No. 96-1745-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Meadow Wood Acres Water Supply Corporation in Bexar County; PWS No. 0150072; CCN No. 10657; for public water system violations pursuant to Chapter 342 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner) |
| Item 56. | Docket No. 96-1746-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Walker's Country Store in Montgomery County; PWS Facility ID No. 1700261; for public water supply violations pursuant to Chapter 341 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Mary Risner) |
| Item 57. | Docket No. 96-1968-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of De Leon in Comanche County, Permit No 10078-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation. (Brian Lehmkuhle) |
| Item 58. | Docket No. 96-1906-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Lone Oak, in Hunt County, Permit No. 10760-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 59. | Docket No. 96-1933-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Dawson in Navarro County, Permit No. 10026-004; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 60. | Docket No. 97-0063-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Houston Christian Businessmen's Foundation, Forest Glen Conference Center & Christian Camp in Walker County, Permit No. 11844-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 61. | Docket No. 96-1624-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Center for the Retarded, Inc., in Waller County; Permit No. 13466-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry/ Merrilee Mears) |
| Item 62. | Docket No. 96-1909-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Gustine in Comanche County, Permit No. 10841-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 63. | Docket No. 97-0524-MWD. Consideration of the Water Pollution Control and Abatement Program for the Southwest Travis County Water District submitted pursuant to House Bill 3193 passed by the 74th Session of the Texas Legislature on June 16, 1995. Approval of the program will authorize the Southwest Travis County Water District to implement the provisions of the program in areas located within its boundaries. |
| Item 64. | Docket No. 96-1132-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sierra Terrace, Inc. in Harris County, Registration No. L-93203; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 65. | Docket No. 97-0115-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Royal Crown Cola in Bexar County, Registration No. L-100605; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 66. | Docket No. 96-1755-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Atchison, Topeka, & Santa Fe Railway in Hardin County; TNRCC Permit No. 00745; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils/Gilbert Angelle) |
| Item 67. | Docket No. 96-1274-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Parks and Wildlife Department in Calhoun County; Permit No. 11587-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry/Merrilee Mears) |
| Item 68. | Docket No. 97-0394-IWD. The Commission will consider whether Emergency Order, issued to Diamond Shamrock Refining Company, L.P. on May 15, 1997 be Modified, Affirmed, or Set Aside. |
| Item 69. | Docket No. 96-0356-WWD-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of David Robinson dba D-T Water Well Drilling in Gaines County, Texas; Unlicensed Water Well Driller; for water well drilling and pump installation violations pursuant to Chapters 32 and 33 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mary R. Risner) |
| Item 70. | Docket No. 96-1961-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Gerald Oosten dba G & P Holsteins in Erath County; Permit No. 03142; for concentrated animal feeding operation violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry/ Claudia Chaffin) |
| Item 71. | Docket No. 97-0071-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Newpark Environmental Services, Inc. in Jefferson County; Air Account No. JE-0337-C; for Air and Water Quality violations pursuant to the Texas Clean Air Act Chapters 101 and 116, the Texas Water Code Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Sabelyn Pussman) |
| Item 72. | Docket No. 96-1389-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Philips Petroleum Company in Brazoria County; Account No BL-0042-G; 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. (Adele Noel) |
| Item 73. | Docket No. 97-0468-SPF. Consideration of an Administrative Order to conduct remedial design and remedial action activities at the Maintech International State Superfund site in Port Arthur, Jefferson County, Texas. (Caroline Sweeney) |
| Item 74. | Docket No. 97-0512-SPF. Consideration of an Administrative Order (AO) to conduct Remedial Design and Remedial Action activities at the Hayes-Sammons Warehouse Superfund Site in Mission, Hidalgo County, Texas (Caroline Sweeney/Ashby McMullan) |
| Item 75. | Docket No. 97-0079-RUL. Consideration for adoption of new 30 TAC Chapter 106, Subchapter I, Section 106.231, concerning Manufacturing, Refinishing, and Restoring of Wood Products. The new 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. The proposal was published in the March 4, 1997, issue of the Texas Register (22 TexReg 2416). (Lisa Evans) (Rule Log No. 96183-106-AI). |
| Item 76. | Docket No. 97-0129-RUL. Consideration for adoption of an amendment to 30 TAC Chapter 112, Section 112.8, concerning Allowable Emission Rates From Solid Fossil Fuel-Fired Steam Generators. If approved, this rulemaking will delete subsection (c) which is no longer required, and will comply with a commission directive. The proposal was published in the April 4, 1997 issue of the Texas Register (22 TexReg 3279). (Alan J. Henerson/Doyle Pendleton) (Rule Log No. 96179-112-AI). |
| Item 77. | Docket No. 97-0143-RUL. Consideration for adoption of amendments to 30 TAC Chapter 3, Section 3.2, concerning Definitions; 30 TAC Chapter 101, Section 101.1, concerning Definitions, and Section 101.30, concerning Conformity of General Federal and State Actions to State Implementation Plans (SIPs); and revisions to the SIP. If approved, these amendments would add definitions and make the state general conformity rules consistent with federal general conformity rules, and thereby ensure EPA approval of the state general conformity SIP. The proposal was published in the April 1, 1997 issue of the Texas Register (22 TexReg 3201). (Alan J. Henderson, P.E.) (Rule Log No. 96167-101-AI). |
| Item 78. | Docket No. 97-0156-RUL. Consideration for the adoption of new 30 TAC Chapter 122, Section 122.340, concerning Notice and Comment Hearing, new Section 122.345, concerning Notice of Proposed Final Action, and the repeal of Section 122.316, concerning Hearing and Comment Procedures. The changes will restate the notice and hearing requirements under the federal operating permits program and will allow newspaper notice of hearings in lieu of Texas Register notice. The proposal was published in the April 4, 1997, issue of the Texas Register (22 TexReg 3281). (Jim Dodds) (Rule Log No. 97120-122-AI). |
| Item 79. | Docket No. 97-0231-RUL. Consideration for adoption of a new 30 TAC Chapter 7, Section 7.104, concerning Memorandum of Understanding (MOU) between the Texas Water Development Board and the Texas Natural Resource Conservation Commission. If adopted the MOU would set forth the respective duties and responsibilities of the two agencies related to the Drinking Water State Revolving Fund Loan Program. The proposal was published in the April 18, 1997 issue of the Texas Register (22 TexReg 3573). (Steve Walden) (Rule Log No. 97123-007-WT). |
| Item 80. | Docket No. 97-0068-RUL. Consideration for adoption of the repeal of 30 TAC Chapter 113, Subchapter B, concerning Lead from Stationary Sources, new 30 TAC Chapter 113, Subchapter B, concerning Lead from Stationary Sources, new Subchapter C, concerning National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories, and revisions to the State Implementation Plan. If approved, the rules would incorporate by reference seven federal Maximum Achievable Control Technology (MACT) standards for the control of hazardous air pollutant emissions from specific source categories. The rules would also incorporate the federal General Provisions applicable to these source categories with some changes for consistency with the agency's existing New Source Review Program. Changes to Subchapter B, involve a renumbering of the sections with no changes to substance. The proposal was published in the March 18, 1997 issue of the Texas Register (22 TexReg 2854). (Phil Harwell/Karen Olson) (Rule Log No. 96161-113-AI). |
| Item 81. | Docket No. 97-0193-RUL. Consideration for adoption of amendments to 30 TAC Chapter 335, Subchapter A, Section 335.1, concerning Industrial Solid Waste and Municipal Hazardous Waste in General; for adoption of a new 30 TAC Chapter 335, Subchapter H, Section 335.261, concerning Standards for the Management of Specific Wastes and Specific Types of Facilities; and for submission to the Coastal Coordination Council of a request for certification. If approved, these rules would adopt by reference federal regulations designed to streamline the management of certain widely generated wastes known as universal wastes. The rules also include definitions and other conforming changes. The proposal was published in the April 15, 1997, issue of the Texas Register (22 TexReg 3511). (Sonia Ralls, Jace Houston) (Rule Log No. 96139-335-WS). |
| Item 82. | Docket No. 96-1769-RUL. Consideration for adoption of a new 30 TAC Chapter 32, concerning Transfers of Permits, Licenses, and Other Authorizations and revisions to the State Implementation Plan; and for adoption of amendments to 30 TAC Chapter 116, concerning Control of Air Pollution by Permits for New Construction or Modification and revisions to the State Implementation Plan; 30 TAC Chapter 291, concerning Water Rates; 30 TAC Chapter 293, concerning Water Districts; 30 TAC Chapter 297, concerning Water Rights, Substantial; 30 TAC Chapter 303, concerning Operation of the Rio Grande; 30 TAC Chapter 304, concerning Watermaster Operations; 30 TAC Chapter 305, concerning Consolidated Permits; 30 TAC Chapter 312, concerning Sludge Use, Disposal, and Transportation; 30 TAC Chapter 321, concerning Control of Certain Activities by Rule; 30 TAC Chapter 330, concerning Municipal Solid Waste; and 30 TAC Chapter 70, concerning Enforcement. The primary purpose of the new chapter and proposed amendments is to consolidate and streamline requirements for transfers of permits, licenses, and other authorizations. The proposal was published in the January 31, 1997, issue of the Texas Register (22 TexReg 1052) (Vic Ramirez) (Rule Log No. 96147-032-AD). |
| Item 83. | Docket No. 97-0531-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. |
| Item 84. | Docket No. 97-0532-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. |
| Item 1. | TNRCC Docket No. 96-0772-IWD; SOAH Docket No. 582-96-0933. Consideration of ALJ's Proposal for Decision & Order concerning the Application of St. Martin's Seafood Partnership for Permit No. 03819 to authorize the discharge of 9mgd of effluent from its mariculture operation in Calhoun County, Texas, and Segment No. 2451 of the Bays and Estuaries. Recommendation: Issuance of permit. Craven |
| Item 2. | TNRCC Docket No. 96-0199-MSW; SOAH Docket No. 582-96-0502. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the Application of Browning-Ferris, Inc. for a amendment to Permit No. 1663-A to authorize the operation of a Municipal Solid Waste Type I Site in Randall County, Texas. The Applicant seeks authorization to upgrade the facility to Subtitle D Standards an to increase the final height and excavation depth. Recommendation: Issue permit approving Subtitle D upgrades and expansion of West Fill Area. Deny request for vertical expansion of East Fill Area. (ALJ): Sylvia McClellan |
| Item 3. | TNRCC Docket No. 96-1182-UCR; SOAH Docket No. 582-96-1296. Consideration of Administrative Law Judge's Supplemental Proposal for Decision concerning the application of Glenn H. Kothmann dba Valley View Water Company and East Medina Special Utility District for a Certificate of Convenience and Necessity to provide water service in Medina County, Texas. RECOMMENDATION: Deny Kothmann's contested CCN request. Issuance to East Medina of its contested CCN request. (ALJ Bill Zukauckas) |
| Item 4. | Docket No. 96-0202-IWD. Consideration of the Motions for Rehearing filed by Northeast Texas Municipal Water District and the City of Longview concerning the Commission’s order issued April 10, 1997 with regard to the application of Pilgrim’s Pride Corporation for proposed water quality permit no. 03842. The application sought authorization to discharge an average of 2.5 million gallons per day of treated wastewater from a proposed poultry processing facility to be located in Camp County, Texas. |
| Item 1. | Docket No. 97-0311-MWD. WIMBERLEY INDEPENDENT SCHOOL DISTRICT for a permit (Proposed Permit No. 13824-01) to authorize the disposal of treated domestic sewage effluent via a subsurface drip irrigation system on a minimum absorption area of 58,333 square-feet in the final phase. The disposal volume is not to exceed 17,500 gallons per day average in the final phase. Application rates for the irrigated land are not to exceed 0.30 gallon/square-feet/day. No discharge of pollutants into the waters of the State is authorized by this permit. The wastewater treatment facilities and the disposal site are approximately 900 feet southwest of the intersection of Farm-to-Market Road 2325 and County Road 278 (Carney Lane) in Hays County, Texas. The Commission will consider the application and the concerns filed on the application. (Tom Weber/Margaret Hoffman) |
| Item 2. | Docket No. 97-0262-IWD. PCS PHOSPHATE COMPANY, INC. for an amendment to Permit No. 00004 to authorize the removal of the sulfide parameter from the existing permit. The permit currently authorizes the discharges of stormwater at a combined volume not to exceed an average flow of 50,000,000 gallons per day via Outfalls 001, 002 and 003, which will remain the same. The applicant disposes of wastes from a closed Frasch process sulphur mine. The plant site is approximately 3 miles south from the intersection of Farm-to-Market Roads 1994 and 762 in Fort Bend County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Margaret Hoffman/Tom Weber) |
| Item 3. | Docket No. 97-0408-SPF. Consideration of an Administrative Order (AO) to conduct Remedial Design and Remedial Action Activities at the Precision Machine & Supply State Superfund site, Odessa, Ector County, Texas. (Caroline Sweeney) |
| Item 4. | Docket No. 97-0390-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 335, Subchapter A, Sections 335.1 and 335.2, concerning Industrial Solid Waste and Municipal Hazardous Waste in General; and for submission to the Coastal Coordination Council of a copy of the proposal for consistency review. The proposed amendments would clarify the commission's regulations regarding permitting requirements for certain nonhazardous industrial solid waste management activities and would establish permit exemptions from certain requirements for nonhazardous industrial solid waste management activities that are inappropriately more stringent than the requirements for similar hazardous waste management activities. (Wayne Harry) (Rule Log No. 96143-335-WS). |
| Item 5. | Docket No. 96-1867-RUL. Consideration for adoption of new 30 TAC Chapter 321, Sections 321.271-321.279, Subchapter O, concerning Discharges from Aquaculture Production Facilities. If approved, the new subchapter would streamline the current permitting process by controlling certain activities by rule, thereby reducing the need for a commission permit for specific wastewater discharge and waste handling facilities. The proposal was published in the January 21, 1997, issue of the Texas Register (22 TexReg 885). (Tom Weber) (Rule Log No. 96171-321-WT). |
| Item 6. | Docket No. 97-0369-RUL. Consideration for adoption of a new 30 TAC Chapter 7, Section 7.103, concerning a Memorandum of Understanding between the Texas Parks and Wildlife Department and the Texas Natural Resource Conservation Commission. If approved, the Memorandum of Understanding would establish a formal mechanism for the two agencies to improve coordination and collaboration regarding the regulation of aquaculture facilities. The proposal was published in the January 3, 1997 issue of the Texas Register (22 TexReg 24). (Nina Fantl) (Rule Log No. 96172-007-WT). |
| Item 7. | Docket No. 97-0448-SIP. Consideration of an Agreed Order requiring certain action of ARCO Permian, a unit of Atlantic Richfield Company, Account No. CJ-0003-W, in order to make certain voluntary emission reductions enforceable pursuant to the Northeast Texas Flexible Attainment Region Memorandum of Agreement dated September 16, 1996 between the Commission, U.S. Environmental Protection Agency, and others. (Janis Hudson, Brian Foster) (Rule Log No. 96175-SIP-AI) |
| Item 8. | TNRCC Docket No. 96-0733-UCR; SOAH Docket No. 582-96-0913. Consideration of Administrative Law Judge's Proposal for Decision & Order concerning the Application of the Village of Bee Cave for a certificate of Convenience and Necessity to provide water service in Travis County, Texas and also, the application of Travis County Water Control and Improvement District No. 14 for an amendment to its certificate of Convenience No. 11322 to provide water service in Travis County, Texas. Recommendation: Approval of Village of Bee Cave's CCN application and partial approval of District No. 14's CCN amendment application. (ALJ: Syliva McClellan) |
| Item 1. | Docket No. 95-0616-WR. Consideration of Motion of the City of Corpus Christi, et al. to amend the April 26, 1995 agreed order establishing operational procedures pertaining to special condition 5.B, Certificate of Adjudication No. 21-3214, held by the City of Corpus Christi, Nueces River Authority, and the City of Three Rivers. The motion seeks to suspend Corpus Christi's monthly fresh water pass-through requirement where its reservoir system is below 40% of total storage capacity and it has implemented Condition II of its Drought Contingency Plan. |
| Item 9. | Docket No. 97-0475-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 213, concerning the Edwards Aquifer. The proposed amendments seek to implement legislative changes to Texas Water Code, Section 26.0641(a) and (d) regarding Fees for Edward Aquifer Plans, which allows the commission to impose fees for inspecting the maintenance as well as construction of projects and raises the cap on the fee for the commission's review and approval of an Edwards Aquifer protection plan or amendment to a plan from $2,000 to $5,000. The amendments also set out the fee schedule and collection procedures to be used by the executive director. (Jennifer Sidnell) (Rule Log No. 97134-213-WT). |
| Item 5. | Docket Nos. 95-1287-UCR and 96-0949-UCR; SOAH Docket Nos. 582-95-1629 and 582-96-1133. Consideration of the motion for rehearing by West Houston Airport Corporation. The Commission mailed its order in this case on May 22, 1997. The case concerns the application by West Houston Airport Corporation for water and sewer certificates of convenience and necessity, and the application by West Houston Airport Corporation for a rate change. The West Houston Airport Corporation is located in Harris County. |