Issue Agreed Order, JB/BM. All Agree

Item 12.

Docket No. 96-1808-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pleasant Hills Joint Venture in El Paso County; Air Account No. EE-1841-F; for air 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. (Walter Ehresman)

Issue Agreed Order, JB/BM. All Agree

Item 13.

Docket No. 96-1733-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wilco Auto Repair in Grayson County;Air Account No. GI-0215-L; for air 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. (Walter Ehresman)

Issue Agreed Order, JB/BM. All Agree

Item 14.

Docket No. 96-1096-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Allwaste Recovery Systems in Dallas County; Air Account No. DB-1138-K; for air 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. (Walter Ehresman)

Issue Agreed Order, JB/BM. All Agree

(Air Default Order)

Item 15.

Docket No. 96-1295-AIR. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mr. Henry Trevizo dba Henry's Trouble Shooter and Body Shop in El Paso County; Air Account No. EE-0723-T; for air 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. (Patricia Welton)

Issue Default Order, JB/RM. All Agree

(Public Water Supply Enforcement Agreed Orders)

Item 16.

Docket No. 96-1924-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wolfe City in Hunt County; PWS No. 1160005; 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)

Issue Agreed Order, RM/JB. All Agree

Item 17.

Docket No. 96-1776-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Norman Barnett d/b/a J&L Terry Lane, Twinland Estates, Sandbar Estates Subdivision, and Beach Haven Subdivision in Harris and Chambers Counties; PWS Nos. 1011684, 1011183, 1010204, and 1360042; for Public Drinking Water violations pursuant to the TEX. HEALTH AND SAFETY CODE and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier, #6063)

Issue Agreed Order, RM/JB. All Agree

Item 18.

Docket No. 96-1772-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Delta Engineering, Incorporated in Harris County; PWS No. 1011739; for Public Drinking Water violations pursuant to TEX.HEALTH & SAFETY CODE, Section 341.031 and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier)

Issue Agreed Order, RM/JB. All Agree

Item 19.

Docket No. 96-0991-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nizar K. Khanji dba Snappy Mart No. 6 in Montgomery County; PWS No. 1700557; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tracy Harrison)

Issue Agreed Order, RM/BM. All Agree

Item 20.

Docket No. 95-1496-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Crystal Creek Shopping Center, Inc. in Montgomery County; PWS No. 1700540; for public drinking water violations pursuant to Chapter 341 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tracy Harrison)

Issue Agreed Order, RM/BM. All Agree

(Public Water Supply Enforcement Default Order)

Item 21.

Docket No. 96-1960-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Charles Vincent dba Riverside Crest Subdivision in Harris County; PWS No. 1011518; for public drinking water violations pursuant to Chapter 341 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)

Issue Default Order, BM/JB. All Agree

(Water Well Drillers Enforcement Agreed Order)

Item 22.

Docket No. 96-1936-WWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gordon Bruce of Hays County; Water Well Driller/Pump Installer License No. 2039WPK; for Water Well Driller/Pump Installer violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 340) (Lee Parham)

Issue Agreed Order, JB/RM. All Agree

Item 23.

Docket No. 96-1361-WWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jesse Richardson of Jim Wells County; Water Well Drillers License No. 1679W; for Water Well Driller violations pursuant to the Texas Water Code Chapter 32 and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 338) (Lee Parham)

Issue Agreed Order, JB/RM. All Agree

Item 24.

Docket No. 96-1069-WWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Marc Taylor of Kerr County; Pump Installer License No. 4147I; for Pump Installer violations pursuant to the Texas Water Code Chapter 33 and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 339) (Lee Parham)

Issue Agreed Order, JB/RM. All Agree

Item 25.

Docket No. 96-1068-WWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Randy Harrel of Medina County; Unlicensed Pump Installer; for violations of the Texas Water Code Chapter 33. (Lee Parham)

Issue Agreed Order, JB/RM. All Agree

(Municipal Waste Discharge Enforcement Agreed Order)

Item 26.

Docket No. 97-0217-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Abbott in Hill County; Permit No. 11544-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)

Issue Agreed Order, RM/BM. All Agree

Item 27.

Docket No. 97-0337-MWD-E. Consideration of an Agreed Order requiring certain actions of the City of Roxton in Lamar County, Permit No. 10204-001; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)

Issue Agreed Order, RM/BM. All Agree

Item 28.

Docket No. 97-0175-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Mont Belvieu in Chambers County, Permit No. 11030-02; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkhule)

Issue Agreed Order, RM/BM. All Agree

(Industrial Waste Discharge Enforcement Agreed Order)

Item 29.

Docket No. 97-0064-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bayshore Industrial Inc. in Harris County, Permit No. 03608; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)

Issue Agreed Order, RM/BM. All Agree

Item 30.

Docket No. 97-0186-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mobil Oil Corporation in Harris County: Registration No. L-91773; for water quality violations pursuant to the TEX. WATER CODE and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle, 239-4482).

Issue Agreed Order, RM/BM. All Agree

(Industrial Hazardous Waste Enforcement Agreed Order)

Item 31.

Docket No. 95-0095-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ray H. Phipps in Bexar County;SWR No. 82533; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health and Safety Code, and the rules of the Texas Natural Conservation Commission. (Thomas Corwin)

Remand this item back to Executive Director and hold open the order, commission will not accept the agreed order. BM/RM. All Agree

(On-Site Sewage Installers Enforcement Agreed Orders)

Item 32.

Docket No. 97-0541-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Daniel Schellenberg of Houston County; On-site Sewage Facility Installer Certification No. 3871; for On-site Sewage Facility Installer violations pursuant to the Texas Health and Safety Code Chapter 366 and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 285) (Lee Parham)

Continued to August 20, 1997

Item 33.

Docket No. 97-0539-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ray Rubio; unlicensed On-site Sewage Facility Installer of Milam County; for On-site Sewage Facility Installer violations pursuant to the Texas Health and Safety Code Chapter 366 and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 285) (Lee Parham)

Issue Agreed Order, BM/RM. All Agree

Item 34.

Docket No. 97-0471-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mack Cantu; unlicensed On-site Sewage Facility Installer of Fort Bend County; for On-site Sewage Facility Installer violations pursuant to the Texas Health and Safety Code Chapter 366 and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 285) (Lee Parham)

Issue Agreed Order, BM/RM. All Agree

Item 35.

Docket No. 96-1738-OSI-E. Consideration of an Agreed Order assessing administrative penalties to Vernon Leushner of McLennan County; Unlicensed On-site Sewage Facility Installer; for On-site Sewage Facility Installer violations pursuant to the Texas Health and Safety Code Chapter 366. (Lee Parham)

Issue Agreed Order, BM/RM. All Agree

Item 36.

Docket No. 96-1736-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Charles MacKenzie of McLennan County; On-site Sewage Facility Installer Certification No. 3858; for On-site Sewage Facility Installer violations pursuant to the Texas Health and Safety Code Chapter 366 and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 285) (Lee Parham)

Continued to August 20, 1997

Item 37.

Docket No. 97-0259-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Randy G. Wilson of Wood County; On-site Sewage Facility Installer Certification No.907; for On-site Sewage Facility Installer violations pursuant to the Texas Health and Safety Code Chapter 366 and the rules of the Texas Natural Resource Conservation Commission. (30 TAC Chapter 285). (Lee Parham)

Continued to August 20, 1997

(Petroleum Storage Tank Enforcement Agreed Order)

Item 38.

Docket No. 97-0184-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Point Isabel Independent School District in Cameron County; Enforcement Identification No. 10138; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Connie Wong)

Issue Agreed Order, JB/RM. All Agree

Item 39.

Docket No. 97-0009-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of James Lewis Means, Jr. in Lubbock County; Enforcement Identification No. 10225; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)

Issue Agreed Order, JB/RM. All Agree

Item 40.

Docket No. 96-1783-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Salt Fork Company, Inc. in San Patricio County; Enforcement Identification No. 4630; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)

Issue Agreed Order, JB/RM. All Agree

Item 41.

Docket No. 96-0477-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Phillip Wood in Dallas County; Facility ID No. 0013973; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman)

Issue Agreed Order, RM/JB. All Agree

Item 42.

Docket No. 97-0608-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. James Jennings in Foard County; Facility ID No. 0001745; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman)

Remand to Executive Director

Item 43.

Docket No. 96-1214-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lucila Guerra in Hidalgo County; Facility ID No. 30781; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Walter Ehresman)

Issue Agreed Order, RM/JB. All Agree

(Petroleum Storage Tank Enforcement Default Order)

Item 44.

Docket No. 97-0278-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Henry Saenz in Hidalgo County; Facility ID No. 42838; 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 Default Order and Repost for August 20, 1997, BM/RM. All Agree

(Sludge Enforcement Agreed Order)

Item 45.

Docket No. 96-1917-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Joseph Wayne Kittrell in Navarro County; Registration No. 22105; for water quality violations pursuant to the TEX. WATER CODE and the rules of the Texas Natural Resource Consideration Commission. (Brian Lehmkuhle, 239-4482)

Remand to Executive Director, RM/BM. All Agree

(Rules)

Item 46.

Docket No. 97-0654-RUL. Consideration for publication of, and hearing upon, amendments to 30 TAC Chapter 116, Subchapters A-F, concerning State-only Requirements for Control of Air Pollution by Permits for New Construction or Modification; for new 30 TAC Chapter 126, Subchapters A-K, concerning Federal New Source Review Requirements for Control of Air Pollution; and for revisions to the State Implementation Plan. If approved, the proposed amendments and new sections would distinguish the requirements of federal new source review from state-only new source review. (Jim Dodds) (Rule Log No. 97130-116-AI).

Approve Publication and Hearing, RM/BM. All Agree

Item 47.

Docket No. 97-0510-SIP. Consideration for adoption of the Vehicle Miles Traveled (VMT) Offset State Implementation Plan (SIP) revision, Section VI, B. Ozone Control Strategy, for the Houston/Galveston ozone nonattainment area as required by the Federal Clean Air Act Amendments (FCAAA) of 1990 Section 182(d)(1)(A). (Teresa Hardin-Nguyen) (Rule Log No. 97104-SIP-AI).

Approve Adoption of State Implementation Plan

Item 48.

Docket No. 97-0681-RUL. Consideration for publication of, and hearing upon, a proposed new 30 TAC Chapter 106, Subchapter P, Section 106.376, concerning a standard exemption for decorative chrome plating facilities. The proposed rule will allow decorative chrome plating facilities in compliance with the rule to construct and operate the facilities without obtaining a permit under Texas Health and Safety Code, Section 382.0518. (Dale Beebe-Farrow) (Rule Log No. 97128-106-AI).

Approve Publication and Hearing, RM/BM. All Agree

EXECUTIVE SESSION

Item 49.

Docket No. 97-0729-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.

No Action Taken

Item 50.

Docket No. 97-0730-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 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.