| Item 1. | Docket No. 98-0606-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, 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. |
| Item 1. | Docket No. 97-1062-RUL. Consideration for adoption of amendments to 30 TAC Chapter 106, Section 106.2, concerning Applicability, Section 106.224, concerning Aerospace Equipment and Parts Manufacturing, Section 106.321 concerning Metal Melting and Holding Furnaces, Section 106.373, concerning Refrigeration Systems, Section 106.418, concerning Printing Presses, and Section 106.454, concerning Degreasing Units, and the repeal of Section 106.222, concerning Woodworking Shops. If adopted, the amendment to Section 106.321 would expand the scope of the section to allow additional facilities to use the exemption from permitting and the amendment to Section 106.373 would improve the human health protectiveness of the section. The other amendments would correct errors of reference in the existing rule language. Section 106.222 has been replaced by a more comprehensive section and is no longer needed. The proposals was published in the January 2, 1998, issue of the Texas Register (23 TexReg 60). (Beecher Cameron) (Rule Log No. 97179-106-AI). |
| Item 2. | Docket No. 97-0409-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Oakwood in Leon County; Permit No. 10586-001 for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle) |
| Item 1. | Docket No. 98-0439-MWD. KELLY LANE UTILITY COMPANY has applied to the Texas Natural Resource Conservation Commission (TNRCC) for renewal of Permit No. 13219-001. The permit will authorize the discharge of treated domestic wastewater effluent at an interim phase I volume not to exceed an daily average flow of 0.10 million gallons per day, an interim phase II volume not to exceed an daily average flow of 0.25 million gallons per day, an interim phase III volume not to exceed an daily average flow of 0.50 million gallons per day and a final phase volume not to exceed an annual average flow of 2.0 million gallons per day. The permittee is authorized to use the treated effluent from this facility to irrigate 130 acres of the Blackhawk Golf Course. The wastewater treatment facilities are located approximately 2,500 feet east of Farm-to-Market Road 685, and approximately 1,600 feet north of Kelly Lane in Travis County, Texas. The Commission will consider the application and the hearing request that have been filed on the application. (Louis C. Herrin III/Margaret Hoffman) |
| Item 2. | Docket No. 98-0148-MWD. Request by HARRIS COUNTY for a new permit (proposed Permit No. 13921-001) to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 0.02 million gallons per day. The wastewater treatment facility will serve the Harris County Juvenile Boot Camp facility. The plant site is located approximately 4,500 feet west-southwest of the intersection of Katy-Hockley Road and Katy-Hockley Cutoff, 4,600 feet northwest of the intersection of Katy-Hockley Cutoff and Longenbaugh Road or approximately 4.4 miles north of the City of Katy, in Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. |
Accept Public Interest Counsel's recommendation and Grant Hearing Request of the Conlan's and the Katy Area Concerned Citizens, Remand item to Alternative Dispute Resolution and if Mediation fails forward to State Office Administrative Hearings. Deny all other Hearing Request, RM/BM. Baker voted No.
| Item 3. | Docket No. 98-0475-AIR. BUCHANAN PRINTING COMPANY for Air Quality Permit No. 37223 to construct a Heatset Printing Press. The location of the proposed facility is 12400 Ford Road in Farmers Branch, Dallas County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Chris Kadas/Matthew Baker) |
| Item 4. | Docket No. 98-0558-IHW. Consideration of an application by Laidlaw Environmental Services, Inc., for a Temporary Authorization to allow operation of an incinerator authorized by Permit No. HW-50089 under modified operating conditions during pre-trial burn testing and trial burn testing for a period of time not to exceed 720 hours. The application requests authorization to operate Incinerator Train 1 under the following modified conditions (current permit limits in parenthesis): (1) decrease the saturator minimum water flow rate to 550 gallons per minute (800 gpm); (2) decrease the packed scrubber (condenser) minimum combined liquor flow rate to 3,400 gpm (4,015 gpm); (3) decrease the Calvert collision scrubber minimum liquor flow rate to 170 gpm (220 gpm) and the minimum pressure drop to 38 inches water column (42 inches w.c.); (4) decrease the minimum gas exit temperature in the 3.6m kiln to 1,300 degrees Fahrenheit (F) (1,400 degrees F) and in Afterburner No. 1 to 1,500 degrees F (1,600 degrees F); increase the maximum waste feed rate to the 3.6m kiln to 15,000 lb/hr (13,200 lb/hr), to Afterburner No. 1 to 6,000 lb/hr (4,950 lb/hr), and to the Loddby Liquids Burner to 8,000 lb/hr (5,250 lb/hr); limit the minimum combustion gas oxygen concentration in Afterburner No. 1 to 3% [instantaneous] (5% [1 hour average] and 3% [instantaneous]). Furthermore, the application request authorization to operate Incinerator Train 2 under the following modified conditions: (1) decrease the saturator minimum water flow- rate to 550 gpm (624 gpm); (2) decrease the packed scrubber (condenser) minimum combined liquor flow rate to 3,400 gpm (4,188 gpm); (3) decrease the Calvert collision scrubber minimum liquor flow rate to 170 gpm (181 gpm) and the minimum pressure drop to 38 inches water column (46.9 inches w.c.); (4) decrease the minimum gas exit temperature in the 4.4m kiln to 1,500 degrees F (1,600 degrees F), in Rotary Reactor No. 2 to 819 degrees F (919 degrees F), and in Afterburner No. 2, to 1,540 degrees F (1,640 degrees F); increase the maximum waste feed rate to the 4.4m kiln to 19,000 lb/hr (17,316 lb/hr), to Rotary Reactor No. 2 to 15,000 lb/hr (8,622 lb/hr), and to Afterburner No. 2 to 14,000 lb/hr (12,228 lb/hr); limit the minimum combustion gas oxygen concentration in Afterburner No. 2 to 3% [instantaneous] (5% [1 hour average] and 3% [instantaneous]). In addition, the applicant is requesting that the permit provision which limits feeds to the Loddby Liquids Burner to "high Btu [average greater than 7,000 Btu/lb] liquids" be suspended for the duration of the Temporary Authorization. The applicant operates a commercial industrial and hazardous waste treatment, storage and disposal facility located on a 130 acre tract of land at 2027 Battleground Road in Deer Park, Harris County, Texas, approximately 1 mile south-southeast of the San Jacinto Monument. The authorization is necessary to demonstrate compliance with required performance standards in support of the Trial Burn Plan and the Part B Permit Renewal and to facilitate changes to protect human health and the environment before the Commission is likely to take action a permit modification request and will result in improved management or treatment of hazardous waste already listed in the facility permit. The activities requested for authorization comply with the standards of 40 Code of Federal Regulations Part 264. The Temporary Authorization would terminate 180 days from the date of issuance of the authorization or upon conclusion of the 720-hour pre-trial burn testing and trial burn testing period, whichever occurs earlier. (John Clegg/Patricia Hershey) |
| Item 5. | Docket No. 98-0388-WR. Consideration of the Executive Director's Request for a Commission Order amending the Order creating the Colorado-Lavaca Water Division and amending the Order creating the South Texas Water Division. The amendments would move the Lavaca River Basin out of the Colorado-Lavaca Water Division and add it to the South Texas Water Division. (T. Cisneroz, R. Smith) |
| Item 6. | Docket No. 97-0555-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bill Ivey dba Terlingua Ghost Town in Brewster County; PWS No. 0220031; for drinking water quality violations pursuant to the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier) |
| Item 7. | Docket No. 96-1648-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ben Walters dba Owl Creek Park Water Supply in Bell County; PWS No. 0140163; 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. (Kara Salmanson) |
| Item 8. | Docket No. 97-0673-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Butch Johnson dba Branchwood Water Supply Corporation in Polk County; PWS No. 1870158; 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. (Kara Salmanson) |
| Item 9. | Docket No. 97-1015-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Black Rock Water Supply Corporation in Denton County; PWS No. 0610040; for drinking water quality violations pursuant to Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle) |
| Item 10. | Docket No. 97-0973-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Emil Bernard Hall dba Cow Creek Lakeside Lodge Water System in Travis County; PWS No. 2270330; 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. (Kara Salmanson) |
| Item 11. | Docket No. 96-1221-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Janet Amidon dba Smithwick Mills Community Water System in Burnet County; PWS No. 0270045; 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. (Kara Salmanson) |
| Item 12. | Docket No. 96-1967-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Dexter Monroe dba Dal High Water System in Henderson County; TNRCC ID No. 1070159; 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 L. Harrison) |
| Item 13. | Docket No. 97-0631-PWS-E. Consideration of a Default assessing administrative penalties and requiring certain actions of The Old Place, Inc. Brazoria County; TNRCC ID No. 0200549; 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 L. Harrison) |
| Item 14. | Docket No. 97-1057-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of PETRON in Jefferson County; PST Facility ID No. 67121; for Stage I vapor recovery violations pursuant to Texas Health and Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly) |
| Item 15. | Docket No. 96-1066-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Shaw Gas Mart, Inc. and Mohammed Husainat in Galveston County; Facility ID No. 40110; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils) |
| Item 16. | Docket No. 97-0607-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Laurence Clowdus in Johnson County; No Permit; for water quality violations pursuant to Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Mears) |
| Item 17. | Docket No. 96-1761-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Paul Van Leeuwen, Andy Van Die, and Triple Dutch Dairy in Stephenville, Erath County; TNRCC ID No. 02922; 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) |
| Item 18. | Docket No. 97-0960-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gerald Oosten dba G&P Holsteins in Erath County; Permit No. 03142; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Claudia Chaffin) |
| Item 19. | Docket No. 97-0918-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bob Jansen and Nanne DeVries in Hamilton County; No Permit; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Claudia Chaffin) |
| Item 20. | Docket No. 98-0447-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Baker Petrolite, A Baker Hughes Company, formerly Petrolite Corporation in Harris County; Account No. HG-0564-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) |
| Item 21. | Docket No. 98-0022-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Floyd Harrison dba 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. (Stacey Young) |
| Item 22. | Docket No. 97-1023-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Commercial Metals-Austin Incorporated in Travis County; Account No. TH-0067-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. (Tel Croston) |
| Item 23. | Docket No. 97-1155-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Robert Villanueva dba P & C Motors, Inc, in Dallas County; Account Number DB-3383-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. (Mary Jennings) |
| Item 24. | Docket No. 98-0172-AIR-E. Consideration of an Agreed Order assessing administrative penalties of TexPac Hide & Skin in Tarrant County; Account No. TA-2754-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. (Suzanne Walrath) |
| Item 25. | Docket No. 97-0880-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Coastline Contractors, Incorporated in Jasper County; Account No. JC-0043-V; 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 26. | Docket No. 97-0859-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kar King Auto Sales in Dallas County; TNRCC ID No. DB-2054-K; 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. (John Peeler) |
| Item 27. | Docket No. 97-0826-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Border Steel, Inc. in El Paso County; TNRCC ID No. EE-0011-P; for air 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. (John Peeler) |
| Item 28. | Docket No. 96-1832-AIR-E. Consideration of a Default Order assessing administrative penalties against William D. Walton in Dallas County; TNRCC ID No. DB3982W; for air 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. (Mary R. Risner) |
| Item 29. | Docket No. 97-0168-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Palestine in Anderson County; TNRCC ID No. 10244-002; 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) |
| Item 30. | Docket No. 97-0914-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of San Benito in Cameron County; TNRCC ID No. 10473-002; 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) |
| Item 31. | Docket No. 97-0317-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The City of Fredericksburg in Gillespie County; Permit No. 10171-001; 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) |
| Item 32. | Docket No. 97-0978-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Montgomery County Municipal Utility District No. 24 in Montgomery County; Permit No. 11789-001; for water quality violations pursuant to Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle) |
| Item 33. | Docket No. 97-1148-MWD-E. Consideration of an Agreed Order requiring certain actions of William E. Hartzog dba Lone Willow Mobile Home Park in Harris County; TNRCC Water Quality Permit No. 12917-001; for water quality violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Main) |
| Item 34. | Docket No. 98-0562-MWD. Consideration of a Request by the CITY OF ALPINE for an Order authorizing construction of a wastewater treatment facility in Brewster County, Texas, 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. (Chris Kadas, Mark Sullivan) |
| Item 35. | Docket No. 98-0564-MWD. Consideration of a Request by the Marble Falls Independent School District for an Order authorizing construction of a wastewater treatment facility for the Granite Shoals Treatment Facility in Burnet County, Texas, prior to Commission consideration of its application for a wastewater discharge permit. The proposed authorization to construct would not permit the discharge of any wastewater. (Gene Snelson, Firoj Vahora) |
| Item 36. | Docket No. 96-1895-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Allwaste Recovery Systems, Inc. in Dallas County; SWR No. 40759; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Kathy Keils) |
| Item 37. | Docket No. 97-0576-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Gibson Recycling, Inc. in Cass County; TNRCC ID No. 79500; for municipal solid waste violations pursuant to Chapter 361 of the Texas Health & Safety Code, Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Tracy L. Harrison) |
| Item 38. | Docket No. 97-0504-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Beacon Estates Water Supply Corporation in Waller County; Permit No. 12848-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code; PWS No. 2370047; 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. (Kathy Keils) |
| Item 39. | 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 and municipal solid waste violations pursuant to Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Mears) |
| Item 40. | Docket No. 97-1127-RUL. Consideration for adoption of the repeal of 30 TAC Chapter 113, Subchapter A, concerning Hazardous Air Pollutants, the division in Subchapter A, titled Beryllium, and Section 113.21, concerning Beryllium; and the addition of a new Subchapter A and Section 113.1, concerning Definitions. The adopted repeal will improve compliance by controlling beryllium air emissions by individual New Source Review permit instead of by rule. The usual permit reviews for beryllium shall be conducted using appropriate state and federal guidelines. The adopted new Subchapter A will make Chapter 113 more consistent in format with other air regulations. The adopted definition is in preparation for rulemaking and state plan revisions in accordance with Section 111(d) of the Federal Clean Air Act. The proposal was published in the April 3, 1998 issue of the Texas Register (23TexReg 3416) (Alan Henderson)(Rule Log No. 97135-113-AI) |
| Item 41. | Docket No. 98-0421-RUL. Consideration for publication of, and hearing upon, revisions to 30 TAC Chapter 106, Subchapter K, Section 106.261, concerning Facilities (Emission Limitations) and Section 106.262, concerning Facilities (Emission and Distance Limitations). If approved, the proposed amendments to Section 106.261 would require persons to register their claim of exemption under that section. The proposed amendments to Section 106.262 would update the emission limitations by incorporating 1997 toxicological information. (Jim Dodds, Dale Beebe-Farrow) (Rule Log No. 98019-106-AI). |
| Item 42. | Docket No. 98-0419-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 305, Subchapter C, concerning Application for Permit; and 30 TAC Chapter 335, Subchapter A, concerning Industrial Solid Waste and Municipal Hazardous Waste in General, Subchapter B, concerning Hazardous Waste Management General Provisions, Subchapter C, concerning Standards Applicable to Generators of Hazardous Waste, Subchapter D, concerning Standards Applicable to Transporters of Hazardous Waste, Subchapter E, concerning Interim Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities, Subchapter F, concerning Permitting Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities, Subchapter H, concerning Standards for the Management of Specific Wastes and Specific Types of Facilities, and Subchapter O, concerning Land Disposal Restrictions. The proposed rules update the commission's hazardous waste rules primarily to address changes to the federal hazardous waste regulations promulgated between July 1, 1994, and June 30, 1996. The proposed rules also incorporate administrative and streamlining reforms to correct errors and inconsistencies within the rules, and technical revisions to add cross-references and amend incorrect cross-references. (Ray Austin) (Rule Log No. 98008-335-WS) |
| Item 43. | Docket No. 98-0093-RUL. Consideration for adoption of amendments to 30 TAC Chapter 330, Subchapter A, Section 330.4, concerning Permit Required, and new 30 TAC Chapter 330, Subchapter B, Section 330.26, concerning Storage of Litter and Other Solid Waste. If adopted, the amended section and new section will address litter disposal and litter storage provisions of House Bill 717, 75th Legislature, and provisions of Senate Bill 1782, 75th Legislature, regarding animal carcass disposal for roadway maintenance. The proposed rules were published in the March 6, 1998 issue of the Texas Register (23 TexReg 2253). (Wayne Lee) (Rule Log No. 97153-330-WS). |
| Item 44. | Docket No. 98-0133-SIP. Consideration for adoption of the revision to the Inspection/Maintenance (I/M) State Implementation Plan (SIP) regarding Vehicle Emissions Inspection Requirements. If approved, the committal SIP revision will add an "On-Board Diagnostic (OBD) Checks" testing element to the I/M SIP. The proposal notice was published in the April 3, 1998 issue of the Texas Register (23 TexReg 3615). (Ray Schubert/Alan Henderson) (Rule Log No. 98004-SIP-AI). |
EXECUTIVE SESSION
| Item 45. | Docket No. 98-0584-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 46. | Docket No. 98-0585-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 47. | Docket No. 98-0042-RUL. The Commission will consider for discussion proposed amendments to 30 TAC Chapter 321, subchapter B concerning the discharge of waste into or adjacent to the waters in the state and the emission of air contaminants by concentrated animal feeding operations. The proposed amended rules concern the authorization of discharges by individual permit or permit-by-rule and authorization of emissions by a standard permit. The proposed rule changes concern the Commission's response to the ruling in Accord Agriculture, Inc. V. TNRCC, the 353rd District Court, Travis County, Texas: Cause No. 96-00159. |
| Item 48. | Docket No. 98-0610-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Deputy Executive Director 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. |
| Item 1. | SOAH Docket No. 582-97-1217; TNRCC Docket No. 96-0024-MSW-E. The Commission will consider the Proposal for Decision and Order concerning Executive Director's Preliminary Report assessing administrative penalties and requiring certain actions of Waltir Fay Company D/B/A Acme Gravel Company. Recommendation: The Administrative Law Judge recommends that the Commission adopt the Findings of Fact and Conclusions of Law set forth in the attached order assessing an administrative penalty of $9200 and require Respondent to undertake the specified corrective action. (Bill Ehret) |
| Item 2. | SOAH Docket No. 582-97-1442; TNRCC Docket No. 96-1357-MSW-E. The Commission will consider the Proposal for Decision and Order concerning Executive Director's Preliminary Report and Petition recommending the entry of an enforcement order and requiring certain actions against James Oswalt d/b/a Oswalt Roofing Disposal Service. Recommendation: The Administrative Law Judge recommends the entry of an order requiring Respondent to pay administrative penalties of $6,480, and to take the following actions at the unauthorized disposal site: cease receipt of any solid waste; place conspicuous signs prohibiting disposal; fence the site for one year; submit for approval a proposed site cleanup plan; and, upon approval, remove all waste in accordance with the plan. (Barbara Marquardt) |
| Item 3. | Docket No. 98-0649-PWS. Consideration of an Emergency Order requiring certain actions of D.E. Martin dba Consumers Water in Montgomery County and Crystal Springs Water Company; PWS No. 170014; pursuant to Chapter 341 of the Texas Health & Safety Code, Chapter 13 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. |