AGENDA

Wednesday, December 2, 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


ADDENDUM TO AGENDA

Wednesday, December 2, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg. E

12100 Park 35 Circle

Item 3. 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 Taken


MCBEE
MARQUEZ
BAKER

AGENDA

Wednesday, December 2, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Room 201S, Bldg. E.

DISTRICT MATTER
Item 1. Docket No. 98-1253-DIS. Consideration of a Proposed Order Approving the Application by Harris County Water Control and Improvement District No. 133 for Approval of Fire Protection Plan. For Commission consideration. Applicant requests approval of fire protection plan and approval of contract providing fire protection services. (TNRCC Internal Control No. 061198-D03, Mike Byrne).
Approve order as recommended, JB/RM. McBee Absent
AUTHORIZATION TO CONSTRUCT
Item 2. Docket No. 98-1376-MWD. Consideration of a Request by the LA JOYA INDEPENDENT SCHOOL DISTRICT for an Order authorizing construction of a wastewater treatment facility for its elementary school, in Hidalgo County, Texas, before Commission consideration of its application for a wastewater no-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 system. (Monique Norman, Phillip Urbany)
Continued to December 16, 1998
Item 3. Docket No. 98-1375-IWD. Consideration of a Request by IBP, INC., for an Order authorizing construction of the expansion of its wastewater treatment facility for Vernon Calhoun Packing Plant, in Anderson County, Texas, before Commission consideration of its application for amendment to its wastewater no-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 additions to its wastewater treatment system. (Monique Norman, Cynthia Lee)
Continued to December 16, 1998
Item 4. Docket No. 98-1377-MWD. Consideration of a Request by HARRIS COUNTY, for an Order authorizing construction of a wastewater treatment facility in Harris 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. (Gene Snelson, Frioj Vahora)
Approve Authorization to Construct, JB/RM. McBee Absent
Item 5. Docket No. 98-1331-MWD. Consideration of AQUASOURCE/WOODCREEK UTILITIES' request for an Order authorizing construction of a wastewater facility prior to Commission consideration of its application for a wastewater discharge permit. The wastewater treatment facility would be located approximately 1200 feet south southeast of the intersection of Farm-to-Market Road 2325 and Jacob's Well Road, approximately 4 miles north of the community of Wimberley in Hays County, Texas. The proposed authorization to construct would not permit the treatment or discharge of any wastewater from the new construction. (Fread Houston, Phillip Urbany)
Approve Authorization to Construct, JB/RM. All Commissioners Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDER
Item 6. Docket No. 97-0721-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of College Mound Water Supply Corporation in Kaufman County; PWS No. 1290012; for drinking water quality violations pursuant to Texas Health and Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson)
Issue Agreed Order, RM/JB. All Commissioners Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 7. Docket No. 98-0757-PST-E. Consideration of an Agreed Order assessing administrative penalties for Dallas C-Store, Inc. in Dallas County; PST Facility ID. 45926; for petroleum storage tank violations pursuant to the TEX. HEALTH & SAFETY Code ch. 382, TEX. WATER CODE ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Frank Muser)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 8. Docket No. 97-1194-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Key Associates in Wichita County; PST Facility ID. No. 69290; for licensing violations pursuant to TEX. WATER CODE ch. 26 and the rules of the Texas Natural Resource Conservation Commission. (Gayle Zapalac)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 9. Docket No. 98-0644-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Red Coleman in Dallas County; PST Facility ID No. 28011; Enf. ID No. 12514; for petroleum storage tank violations pursuant to Texas Health and Safety Code Chapter 382, Texas Water Code Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Julia McMasters)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 10. Docket No. 98-0448-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Anton Zaghloul, dba, Mr. T's Food Mart in Tarrant County; PST Facility ID No. 0068350, for Stage II Vapor recovery violations pursuant to TEX. HEALTH AND SAFETY CODE Chapter 382 and the rules of the Texas Natural Resource Conservation Commission. (Seyed M. Miri, P.E.)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 11. Docket No. 98-0833-PST-E. Consideration of an Agreed Order assessing administrative penalties requiring certain actions of Thermodyn Contractors, Inc. in El Paso County; PST Facility ID No. 005545; for petroleum storage tank violations pursuant to the Texas Water Code, Chapter 7 and the rules of the Texas Natural Resource Conservation Commission. (Ron Baca)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 12. Docket No. 97-1193-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jeanee Properties, Inc. in Wichita County; PST Facility Id. No. 69290; for petroleum storage tank violations pursuant to the TEX. WATER CODE chs. 7 and 26 ("the Code") and the rules of the Texas Natural Resource Conservation Commission. (Gayle Zapalac)
Issue Agreed Order, RM/BM. All Commissioners Agree
PETROLEUM STORAGE TANK DEFAULT ORDER
Item 13. Docket No. 97-0312-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Stan Threlkeld in Tarrant County; TNRCC ID No. 0038613; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Issue Default Order, RM/BM. All Commissioners Agree
EDWARD AQUIFER ENFORCEMENT AGREED ORDER
Item 14. Docket No. 98-0496-EAQ-E. Consideration of an Agreed Order assessing administrative penalties of Mr.James Kerby in Williamson County; Edwards Aquifer Protection Program No. 98011402; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 15. Docket No. 98-0665-EAQ-E. Consideration of an Agreed Order assessing administrative penalties of Custom Restoration, Inc. in Bexar County; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)
Issue Agreed Order, RM/BM. All Commissioners Agree
Item 16. Docket No. 98-0299-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of George and Lisa Walker in Hays County; for water quality violations pursuant to Tex. Water Code Chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding)
Issue Agreed Order, RM/BM. All Commissioners Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 17. Docket No. 98-0173-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Channel Shipyard Company, Inc. in Harris County; Solid Waste Registration No. 31257; for industrial & hazardous 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. (Anne Nyffenegger)
Issue Agreed Order, BM/JB. All Commissioners Agree
Item 18. Docket No. 97-0364-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of McKinney Smelting, Inc. in Collin County; TNRCC ID No. F0074; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, 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. (Guy Henry)
Issue Agreed Order, RM/JB. All Commissioners Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 19. Docket No. 97-0817-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Kilgore in Gregg County; TNRCC Permit No. 10201-001; for water quality violations pursuant to the Texas Water Code Chapter 26 and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 20. Docket No. 98-0141-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Eldorado in Schleicher County; Water Quality Permit No. 0010165-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, BM/JB. All Commissioners Agree
AGRICULTURAL DEFAULT ORDER
Item 21. Docket No. 97-0900-AGR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Dennis Schouten dba Dennis Schouten Dairy in Erath County; TNRCC ID No. None; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Issue Default Order, JB/RM. All Commissioners Agree
AIR ENFORCEMENT AGREED ORDERS
Item 22. Docket No. 98-0524-AIR-E. Consideration of an Agreed Order assessing administrative penalties of David Tavana dba Hercules Car Wash in El Paso County; Account No. EE-0970-A; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch 382, Tex. Water Code ch.7, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 23. Docket No. 98-0334-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Koch Midstream Services Company, Incorporated in Freestone County; Account No. FI-0028-G; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code Ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 24. Docket No. 98-0276-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of A + Wood Shavings, LLC in Montgomery County; Account No. MQ-0570-A; for air quality violations pursuant to the Tex. Water Code Ch. 7, Tex. Health & Safety Code ch. 382, and the rules of the Texas Natural Resource Conservation Commission. (Miriam Hall)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 25. Docket No. 98-0802-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rangerville CO-OP Gin in Cameron County; Account No. CD-0066-M; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Eduardo Cruz)
Issue Agreed Order, RM/JB. McBee Voted No.
Item 26. Docket No. 98-0708-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Dow Chemical Company in Brazoria County; Account No. BL-0082-R; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Miriam Hall)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 27. Docket No. 98-0545-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Nations Way Transport Service, Incorporated in El Paso County; Account No. EE-1956-K; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, RM/JB. All Commissioners Agree
RULES
Item 28. Docket No. 98-0578-RUL. Consideration for adoption of amendments to 30 TAC Chapter 303, Section 303.32, concerning Enforcement Actions, new Section 303.35, concerning Field Citation by Watermaster; amendments to 30 TAC Chapter 304, Section 304.33, concerning Enforcement Actions, and new Section 304.34, concerning Field Citation by Watermaster. If approved, the amended and new sections would grant the watermaster programs field citation authority as provided by Senate Bill 1, 75th Legislature (1997). The proposed rules were published in the September 11, 1998, issue of the Texas Register (23 TexReg 9170). (John Sadlier) (Rule Log No. 97147-304-WT).
Approve Adoption of amendments, RM/JB. All Commissioners Agree
Item 29. Docket No. 97-1103-RUL. Consideration for adoption of amendments to Chapter 305, Subchapter F, Section 305.126, concerning Additional Standard Permit Conditions for Wastewater Discharge Permits. If adopted, the rule amendments will reflect changes made to the policy and administration of reporting requirements for wastewater discharge facilities. The proposal was published in the June 19, 1998, issue of the Texas Register (23 TexReg 6392). (Jan Sills) (Rule Log No. 97138-305-WT).
Approve adoption of amendments with corrections, RM/BM. All Commissioners Agree
Item 30. Docket No. 98-0421-RUL. Consideration for adoption of 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 adopted, the 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. The proposal was published in the June 19, 1998, issue of the Texas Register (23 TexReg 6386). (Jim Dodds, Susana Hildebrand) (Rule Log No. 98019-106-AI).
Approve adoption of amendments with corrections, RM/MB. All Commissioners Agree
Item 31. Docket No. 98-1373-RUL. Consideration of a petition for rulemaking to adopt an amendment to 30 TAC Chapter 291, Subchapter E, Section 89, relating to Meters. If approved, the amendment would require an investor owned utility to provide notice prior to access to a customer's property. Staff recommends denial of this petition. (Wayne Wiley).
Deny Petition, RM/JB. All Commissioners Agree
EXECUTIVE SESSION
Item 32. 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 Taken
Item 33. 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 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.


ADDENDUM TO AGENDA

Wednesday, December 2, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 34. Docket No. 98-1407-MWD. Consideration of the City of Marquez's request for an Order authorizing construction of a wastewater facility before Commission consideration of its application for a wastewater discharge permit. The plant site will be located approximately 3,900 feet southeast of the intersection of U.S. Highway 79 and State Highway 7 in Leon County, Texas. The proposed treatment facility will serve the citizens of the City of Marquez. The proposed authorization to construct would not permit the treatment or discharge of any wastewater from the new construction. (Fread Houston/Mark E. Sullivan)
Approve Authorization to Construct, JB/BM. All Commissioners Agree


AGENDA

Wednesday, December 2, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket Nos. 95-0245-ISW and 95-0246-IWD; SOAH Docket No. 582-95-1047. Consideration of the applications by Hallco Texas, Inc. for Permit Nos. SW-39090 and 03665 and status report from the Administrative Law Judge (McMullen County).
Continued to December 16, 1998
Item 2. TNRCC Docket No. 95-1452-PWS-E; and SOAH Docket No. 582-97-1705. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Merlene Mixson dba River Ridge Water Systems, in Austin, Travis County, Texas, for alleging some 101 violations of Chapter 290 of the Commission's Rules at the public water system owned by the respondent.
Continued to January 13, 1999
Item 3. TNRCC Docket No. 98-0999-MLM and SOAH Docket No. 582-98-1540. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning Proposed Designation of a Priority Groundwater Management Area in El Paso County.
Adopt Proposal for Decision and Issue Order with changes, JB/BM. All Commissioners Agree