AGENDA

Wednesday, November 18, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 98-1154-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.
No Action Taken
Item 2. Docket No. 98-1155-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


OLD BUSINESS AGENDA

Wednesday, November 18, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of October 23, 1998 and agenda of November 4, 1998.
Item 1. Docket No. 98-0418-RUL. Consideration for adoption of new 30 TAC Chapter 35, concerning Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment of Permit Conditions, 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 297, concerning Water Rights, Substantive; 30 TAC Chapter 305, concerning Consolidated Permits; 30 TAC Chapter 321, concerning Control of Certain Activities by Rule; and 30 TAC Chapter 334, concerning Underground and Aboveground Storage Tanks. The primary purpose of the new chapter and amendments is to consolidate the commission rules concerning emergency and temporary orders. This action is part of the commission's implementation of Senate Bills 1 and 1876, 75th Legislature, 1997. The proposed rules were published in the July 3, 1998, issue of the Texas Register (23 TexReg 6899). (Robin Smith) (Rule Log No. 97142-035-AD).
Approve Adoption, RM/JB. All Commissioners Agree


MCBEE
MARQUEZ
BAKER

CONTESTED AGENDA

Wednesday, November 18, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg. E

12100 Park 35 Circle

DISTRICT MATTER
Item 1. Docket No. 98-1320-UCR. Consideration of an application by Malcolm Bailey as receiver for D & S Water Service for an emergency water rate increase; pursuant to Chapter 5 and 13 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. The utility serves approximately 908 connections in Brazos, Burleson, Fort Bend, Harris, Montgomery, Robertson, Walker, Waller, and Wharton Counties, Texas. The application states that the rate increase is necessary to ensure the provision of continuous and adequate services to the utility's customers. (Angela Stepherson, Mary Jane Ford)
Approve Order with changes, JB/BM. All Commissioners Agree
AUTHORIZATIONS TO CONSTRUCT
Item 2. Docket No. 98-1037-MWD. Consideration of a Request by LAVON COUNTRY MEADOWS, INC., for an Order authorizing construction of a wastewater treatment facility in Collin County, Texas, before Commission consideration of its application for a wastewater discharge permit under Sections 26.019 and 26.027(c) of the Texas Water Code. The proposed authorization to construct would not permit the use of the newly constructed wastewater treatment facility. (Monique Norman, Julian Centeno)
Approve Authorization To Construct, JB/RM. All Commissioners Agree
Item 3. Docket No. 98-1322-MWD. Consideration of a Request by TRAMMEL CROW HOUSTON, LTD. for an Order authorizing construction of a wastewater treatment facility for an office building and warehouse complex, in Harris County, Texas, before Commission consideration of its application for a wastewater permit under Sections 26.019 and 26.027(c) of the Texas Water Code. The proposed authorization to construct would not permit the use of the newly constructed wastewater treatment system. (Kathy Brown, Melinda Luxemburg)
Approve Authorization to Construct, RM/JB. All Commissioners Agree
Item 4. Docket No. 98-1312-MWD Consideration of a Request by SDGA Investments, Inc., for an Order authorizing construction of a wastewater treatment facility in Montgomery County, Texas, before Commission consideration of its application for a wastewater discharge permit under 26.019 and 26.027(c) of the Texas Water Code. The proposed authorization to construct would not permit the use of the newly constructed wastewater treatment facility. (Monique Norman, Julian Centeno)
Approve Authorization to Construct, RM/BM. All Commissioners Agree
Item 5. Docket No. 98-1310- MWD. Consideration of a Request by Hammond Mound Utilities, Inc. for an Order authorizing construction of a wastewater treatment facility for a mobile home park and industrial complex, in Waller County, Texas, before Commission consideration of its application for a wastewater permit under 26.019 and 26.027(c) of the Texas Water Code. The proposed authorization to construct would not permit the use of the newly constructed wastewater treatment system. (Kathy Brown, Philip Urbany)
Approve Authorization to Construct, JB/RM. All Commissioners Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 6. Docket No. 98-0163-MWD-E. Consideration of an Agreed Order assessing administrative penalties of the City of Annona in Red River County; TNRCC Permit No. 10863-001; for water quality violations pursuant to Texas Water Codes, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, BM/JB. All Commissioners Agree
Item 7. Docket No. 97-0939-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Supreme Beef Packers, Inc. in Fannin County; No Water Quality Permit; for water quality violations pursuant to the Texas Water Code, Chapter 26 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)
Issue Agreed Order, BM/JB. All Commissioners Agree
Item 8. Docket No. 97-0262-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chet Andrews dba Oak Hill Mobile Home Park in Parker County; No Permit; for water quality violations pursuant to Texas Water Codes, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, BM/JB. All Commissioners Agree
Item 9. Docket No. 97-1176-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Luce Bayou Public Utility District in Harris County; Water Quality Permit No. 11167-001; for water quality violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Issue Agreed Order, BM/JB. All Commissioners Agree
AIR ENFORCEMENT AGREED ORDERS
Item 10. Docket No. 98-0315-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Subsea Ventures,Incorporated in Harris County; Account No. HG-9639-L; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 11. Docket No. 98-0335-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. John Wallace and Mr. Dave Barter dba R & W Industries in Brazos County; Account No. BM-0239-U; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 12. Docket No. 98-0844-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against North Texas Cement Company in Ellis County; Account No. ED-0034-O; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 13. Docket No. 98-0100-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Curiel Construction, Incorporated in El Paso County;TNRCC ID No. EE-0739-E;for air violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, Chapter 7 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
Issue Agreed Order, RM/BM. All Commissioners Agree
ON-SITE INSTALLER ENFORCEMENT DEFAULT ORDER
Item 14. Docket No. 97-1037-OSI-E. Consideration of a Default Order assessing administrative penalties against Richard Dinscore in Hays County;TNRCC ID No. 3885;for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Approve Default Order, BM/RM. All Commissioners Agree
MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER
Item 15. Docket No. 98-0149-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of James Higgins and John Higgins dba Bulldog Environmental in Montgomery County;TNRCC ID No. None;for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapter 7 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Remand to Executive Director
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDER
Item 16. Docket No. 98-0660-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Glasscock County Coop Gin in Glasscock County; PWS No. 0870003; for drinking water quality violations pursuant to the Texas Health and Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 17. Docket No. 97-0676-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of James Jones dba Jones Mobile Home Park in Gregg County; TNRCC ID No. 0920029;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. (Lisa Z. Hernandez)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 18. Docket No. 98-0428-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Appleby Water Supply Corporation in Nacagdoches County; PWS No. 1740005; for drinking water quality violations pursuant to Texas Health and Safety Code, Chapter 341, and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave)
Issue Agreed Order, RM/BM. All Commissioners Agree
AGRICULTURAL AGREED ENFORCEMENT ORDER
Item 19. Docket No. 98-0356-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bauke Mulder in Hamilton County for water quality violations pursuant to the Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Claudia Chaffin)
Issue Agreed Order, RM/JB. All Commissioners Agree
EDWARDS AQUIFER ENFORCEMENT AGREED ORDER
Item 20. Docket No. 98-0246-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ultramar Diamond Shamrock Corp. in Williamson County; Edwards Aquifer Protection Program File Number 94031101; for water quality violations and past-due Hazardous Waste Facility Program fees, Public Health Service fees, and Voluntary Cleanup Program fees pursuant to Texas Water Code, Chapters 7 and 26, Texas Health & Safety Code, Chapters 341 and 361, and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)
Remand to Executive Director, BM/JB. All Commissioners Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDER
Item 21. Docket No. 98-0404-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Adnan Enterprises, Inc. in Galveston County; Petroleum Storage Tank Facility Identification Number. 54554; Enforcement Identification Number 12136; for petroleum storage tank violations pursuant to Texas Health & Safety Code, Chapter 382 and Texas Water Code, Chapter 7 and the rules of the Texas Natural Resource Conservation Commission. (Julia McMasters)
Issue Agreed Order, RM/JB. All Commissioners Agree
STATE IMPLEMENTATION PLAN
Item 22. Docket No. 98-1103-SIP. Consideration for publication of and hearing upon proposed revisions to the State Implementation Plan (SIP) concerning the Northeast Texas Flexible Attainment Region. The revised SIP would make certain local ozone precursor emission reductions federally enforceable. (Brian Foster) (Rule Log No. 96175-SIP-AI).
Approve Publication and Hearing, RM/BM. All Commissioners Agree
RULES
Item 23. Docket No. 98-0251-RUL. Consideration for adoption of revisions to 30 TAC Chapter 114, Subchapter G, Section 114.260, concerning Transportation Conformity, and a revision to the State Implementation Plan, concerning Transportation Conformity. The proposal was originally published in the April 24, 1998, issue of the Texas Register (23 TexReg 4011), and republished with changes in the August 14, 1998, issue of the Texas Register (23 TexReg 8364). (Cathy Stephens/Alan Henderson) (Rule Log No. 98003-114-AI).
Approve adoption of revisions, RM/JB. All Commissioners Agree
Item 24. Docket No. 98-0837-RUL. Consideration for adoption of new 30 TAC Chapter 11, Sections 11.2 and 11.3, concerning contracts. If adopted, the new sections would provide for protest procedures for resolving vendor protests relating to purchasing issues. The new section would also adopt by reference the rules of the Texas General Services Commission, 1 TAC Section 113.5(b), concerning bid opening and tabulation. In addition, this action constitutes the commission's review of the rules contained in 30 TAC Chapter 11, concerning Contracts, in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. The proposed rules were published in the August 14, 1998, issue of the Texas Register (23 TexReg 8358). (Kathy Robbins) (Rule Log No. 97161-011-AD)
Approve Adoption with instructions to staff regarding changes, BM/JB. All Commissioners Agree
Item 25. Docket No. 98-1170-RUL. Consideration for publication of the proposed repeal of 30 TAC Chapter 336, Section 336.12, concerning Appendix B, Memorandum of Understanding Between Railroad Commission of Texas; Texas Department of Health and Texas Natural Resource Conservation Commission Regarding Uranium Surface Mining, Uranium Ore Milling, and Tailings Ponds and Impoundments. If approved, the repeal would remove an obsolete Memorandum of Understanding (MOU) from the rules. (Kathy Vail/Snehal Patel) (98031-336-WS)
Approve publication for repeal, BM/RM. All Commissioners Agree
Item 26. Docket No. 98-1319-RUL. Consideration of a petition by Travis County Water Control and Improvement District, Number 17, for rulemaking to revise 30 TAC Chapter 322 concerning Community Wastewater Planning. If approved, the petition will expand the applicability of 30 TAC Chapter 322 to include water districts. Staff recommends initiating a rulemaking with modifications. Staff modifications, if approved, would delineate requirements for regional plans and specify procedures for commission approval of regional plans.
Deny Petition, RM/BM. All Commissioners Agree
EXECUTIVE SESSION
Item 27. Docket No. 98-1156-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 Required
Item 28. Docket No. 98-1157-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 Required
(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.


CONTESTED AGENDA

Wednesday, November 18, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

Addendum

9:30 a.m.

Room 201S, Bldg. E

12100 Park 35 Circle

Item 29. Docket No. 98-1363-EXE. The Commission will meet in closed session to receive legal advice concerning the following pending cases: In re Malone Company, U.S. Bankruptcy Court, Southern District of Texas, Case No. 98-37371-H3-7; In re Malone Service Company, U.S. Bankruptcy Court, Southern District of Texas, Case No. 98-37378-H1-7. The authority for the closed session is Section 551.071 of the Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Open Meetings Act, Chapter 551 of the Texas Government Code.
No Action Taken