AGENDA

Wednesday, January 13, 1999

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
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


ADDENDUM TO AGENDA

Wednesday, January 13, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 4. Docket No. 1998-1528-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's General Counsel, 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


ADDENDUM TO AGENDA

Wednesday, January 13, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 5. 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. 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


OLD BUSINESS AGENDA

Wednesday, January 13, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of December 16, 1998.
Item 1. Docket No. 97-1152-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Barbara Rudd dba Rudd Country Incorporated in Lubbock County; PWS No. 1520103; for drinking water quality violations pursuant to Texas Health and Safety Code, Chapter 341, 30 TAC, Chapter 290, and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave)
Issue Amended Agreed Order, RM/JB. All Agree
Item carried forward from Agenda of December 16, 1998.
Item 2. Docket No. 98-1335-RUL. Consideration for publication of Proposed Notice of Review for 30 TAC Chapter 101, concerning General Rules. This review is in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997, which requires state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. (Beecher Cameron) (Rule Log No. 98071-101-AD).
Approve publication, JB/BH. All Agree
Item carried forward from Agenda of December 16, 1998.
Item 3. Docket No. 98-1336-RUL. Consideration for publication of proposed notice of review for 30 TAC Chapter 113, concerning Control of Air Pollution from Toxic Materials. This review is in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997, which requires state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. (Alan Henderson) (Rule Log No. 98032-113-AI).
Approve publication, JB/RM. All Agree
Item carried forward from Agenda of December 16, 1998.
Item 4. Docket No. 98-1297-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 70, Subchapters A - C, concerning Enforcement. If approved, the proposed amendments would clarify the rules to make them more clearly consistent with provisions of Texas Water Code, Chapters 5 and 7; Texas Government Code, Chapter 2001, the Administrative Procedure Act; and the Texas Rules of Civil Procedure. In addition, this action includes the commission's review of the rules contained in 30 TAC Chapter 70, in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. (Tracy Harrison) (Rule Log No. 98053-070-AD)
Approve publication and hearing, RM/BH. All Agree
Item carried forward from Agenda of December 16, 1998.
Item 5. Docket No. 98-0887-RUL. Consideration for adoption of a proposed new 30 TAC Chapter 37, Subchapter O, Sections 37.5001, 37.5002, 37.5011, concerning Financial Assurance for Public Drinking Water Systems and Sewer Utilities, a proposed amendment to 30 TAC Subchapter A, Section 80.3, concerning Judges, proposed amendments to 30 TAC Chapter 290, concerning Public Drinking Water, proposed amendments to 30 TAC Chapter 291, concerning Utility Regulation, the proposed repeal of 30 TAC Chapter 291, Section 291.16, concerning Applicability of Commission Service Rules, and a proposed new 30 TAC Chapter 291, Sections 291.34, 291.140, 291.144, 291.150-291.153, concerning Utility Regulation. The proposed rules would implement S.B. 1, Article 6, 75th Legislature 1997, streamline existing rules, and clarify the intent of existing rules. The proposed rules were published in the October 23, 1998, issue of the Texas Register (23 Tex. Reg. 10803). In addition, this proposed action constitutes the commission's review of the rules contained in 30 TAC Chapter 290, Subchapters D-G, concerning Public Water Systems, and 30 TAC Chapter 291, concerning Utility Regulation, in accordance with the General Appropriations Act, Article IX, Rider 167, 75th Legislature, 1997. The proposed rules review was published in the October 23, 1998, issue of the Texas Register (23 Tex. Reg. 10925). (Wayne Wiley) (Rule Log No. 97148-291-WT)
Repost as item 63
Item carried forward from Agenda of December 16, 1998.
Item 6. Docket No. 98-1438-RUL. Consideration for publication of notice and the holding of a public meeting on a proposed general permit to be issued under Texas Water Code 26.040. The proposed general permit would apply to the entire state of Texas and would regulate the off-site land application of waste or wastewater from animal feeding operations. (Margaret Hoffman) (Rule Log No. 98074-321-WT)
Continued to February 10, 1999


HUSTON
MARQUEZ
BAKER

CONTESTED AGENDA

Wednesday, January 13, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Room 201S, Bldg. E

Hearing Request
Item 1. Docket No. 98-1401-UIC. URI, Inc. for renewal and amendment of Underground Injection Control (UIC) Permit No. WDW-250, which authorizes disposal of waste from the Rosita in situ uranium mining operation (Permit No. UR02880-001). The waste will include lixiviant bleed stream, lab and production waste stream, reverse osmosis brine stream, and restoration wastewater. The well is at the Rosita Uranium Project in Duval County approximately 12 miles west of San Diego, north of Highway 44. The Commission will consider the application and the hearing requests filed on the application. (Patti Hershey/John Santos)
Deny hearing request grant renewal of amendments, adopt comments of ED, JB/RM. All Agree
Authorizations to Construct
Item 2. Docket No. 98-1504-MWD. Consideration of a request by City of Baytown 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. (Robin Smith, Jon Foulds)
Grant Authorization to Construct, RM/BH. All Agree
Item 3. Docket No. 98-1523-MWD. Consideration of a Request by the City of Rhome for an Order under Texas Water Code Sections 26.019 and 26.027(c) authorizing construction of a wastewater treatment facility in Wise County, Texas, before Commission consideration of the City of Rhome's application and draft Permit No. 10701-002. The proposed authorization to construct would not permit the use of the newly constructed wastewater treatment facility. (Emily W. Rogers, Firoj Vahora)
Grant Authorization to Construct, RM/BH. All Agree
Item 4. Docket No. 96-1086-IWD. Consideration of a request by Texas Parks & Wildlife Department for an Order, under Sections 26.019 and 26.027(c) of the Texas Water Code, authorizing construction of a wastewater treatment facility in Hays County, Texas, before Commission consideration of its application for a wastewater discharge permit. The proposed authorization to construct would not permit the use of the newly constructed wastewater treatment facility. (Steven Shepherd, Stephen Ligon)
Grant Authorization to Construct, RM/BH. All Agree
Item 5. Docket No. 98-1522-MWD. Consideration of a Request by United Clays of Texas, Inc. for an Order authorizing construction of a wastewater treatment facility for its clay pit operations, in Cherokee 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, Stephen Ligon)
Continued to January 27, 1999
Item 6. Docket No. 98-1524-MWD. Consideration of a Request by Forest Glen, Inc. for a wastewater treatment facility expansion in Walker County, Texas, before Commission consideration of Forest Glen, Inc,'s application and draft Permit No. 11844-001. The proposed authorization to construct would not permit the use of the newly constructed portion of the wastewater treatment facility. (Carol Lear, Julian D. Centeno, Jr.)
Grant Authorization to Construct, RM/BH. All Agree
Item 7. Docket No. 98-1510-MWD. Consideration of a request by Harris County Municipal Utility District No. 358 for an Order authorizing construction of a wastewater treatment facility in Harris County, Texas, before Commission consideration of its application for an amendment to 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.
Grant Authorization to Construct, BH/RM. All Agree
District Matter
Item 8. Docket No. 98-1121-DIS. Consideration of a Proposed Order Approving the Petition of a Landowner for Dissolution of South Mission Glen Municipal Utility District of Fort Bend County. The Petitioner requests that the Commission dissolve the district pursuant to V.T.C.A., Water Code Section 49.321-49.327. (TNRCC Internal Control No. 081898-D02; Cindy Cartwright).
Approve Dissolution, JB/BH. All Agree
Superfund
Item 9. Docket No. 98-1482-SPF. Consideration of Amendment No. 1 to the Administrative Order for the Hayes-Sammons Warehouse State Superfund Site in Mission, Hidalgo County, Texas. This amendment deletes two previously named responsible parties from the Administrative Order. (Caroline Sweeney / Ashby McMullan)
Approve Amendments of Administrative Order, JB/BH. Marquez absent for vote.
Resolutions
Item 10. Docket No. 98-1435-RES. Commission consideration of a resolution establishing four-year terms for the members of the Commission's Weather Modification Advisory Committee. (Jim Bateman, George Bomar)
Adopt Resolution, BH/RM. All Agree
Item 11. Docket No. 98-1505-MIS. Consideration of a Resolution to appoint six members to the Galveston Bay Council, which is an advisory committee to the Galveston Bay Estuary Program. The Program is co-managed by the Texas Natural Resource Conservation Commission and the General Land Office. (Kathy Brown)
Adopt Resolution, JB/RM. All Agree
Edwards Aquifer Enforcement Agreed Order
Item 12. Docket No. 98-0592-EAQ-E. Consideration of an Agreed Order assessing administrative penalties of the City of Austin; Travis County; Edwards Aquifer Protection Program No. 98052701; for water quality violations pursuant to the Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)
Issue Agreed Order, JB/BH. All Agree
Agricultural Enforcement Agreed Orders
Item 13. Docket No. 98-0269-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Henk Kenkhuis in Erath County; TNRCC Permit No. 03163; for water quality violations pursuant to the Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, RM/JB. All Agree
Item 14. Docket No. 97-0770-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of John Dollins in Johnson County; ENF ID's. 11370, 11369, & 11892; for dairy operation water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Hodgson Eckel)
Issue Agreed Order, RM/JB. All Agree
Item 15. Docket No. 97-0958-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southern Livestock, Inc. in Gonzales County; No TNRCC Permit; for confined animal feeding operation and water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Hodgson Eckel)
Issue Agreed Order, RM/JB. All Agree
Public Water Supply Enforcement Agreed Orders
Item 16. Docket No. 98-0762-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Midland Country Club in Midland County; PWS No. 1650032; for drinking water quality violations pursuant to the Texas Health & Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave)
Issue Agreed Order, RM/JB. All Agree
Item 17. Docket No. 98-0001-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Loyal Lybarger, Sr. dba Ponderosa Mobile Home Park in Harris County; PWS No. 1012957; for drinking water quality violations pursuant to Texas Health & Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave)
Issue Agreed Order, RM/JB. All Agree
Item 18. Docket No. 98-0154-PWS-E. Consideration of an Agreed Order assessing administrative penalties against E-Z Serve Corporation in Bee County; PWS No. 0130063; for drinking water quality violations pursuant to Texas Health & Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain)
Issue Agreed Order, RM/JB. All Agree
Item 19. Docket No. 97-1158-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Settlers Water System, Inc. in Madison County; PWS No. 1570019; for drinking water quality violations pursuant to Texas Health & Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain)
Issue Agreed Order, RM/JB. All Agree
Item 20. Docket No. 98-0106-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of John Badgerow dba Lakeside RV Resort & Marine in Polk County; PWS No. 1870060; for drinking water quality violations pursuant to Texas Health & Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle)
Issue Agreed Order, RM/JB. All Agree
Item 21. Docket No. 98-0689-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of AquaSource Utility, Inc. in Henderson County; TNRCC CCN ID No. 10878 and PWS ID Nos. 1070233, 1070211, 1070174, 1070157, 1070059; for public drinking water violations 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. (Booker Harrison)
Issue Agreed Order, RM/JB. All Agree
Item 22. Docket No. 96-0874-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Astro Commercial Enterprises, Inc. in Fort Bend County; TNRCC CCN Nos. 11888 and 20622, PWS No. 0790261, and Wastewater Permit No. 13600-001; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code, for retail public utility violations pursuant to Chapter 13 of the Texas Water Code, for wastewater violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)
Issue Agreed Order, RM/JB. All Agree
Item 23. Docket No. 98-0426-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Country Squire Water & Sewer, Inc., in Orange County; PWS No. 1810060; for drinking water quality violations pursuant to Texas Health & Safety Code, Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain)
Issue Agreed Order, RM/JB. All Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 24. Docket No. 98-0060-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of LTSTE Corporation in Travis County; No TNRCC Account; for water quality violations pursuant to Texas Water Code, Chapter 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, BH/RM. All Agree
Item 25. Docket No. 98-0483-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bar-B Management, Inc. in Palo Pinto County; Permit No. 02693 (Expired); for water quality violations pursuant to the Texas Water Code, Chapters 7 & 26 and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, BH/RM. All Agree
Air Enforcement Agreed Orders
Item 26. Docket No. 98-0523-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Chavez Trucking, Incorporated in El Paso County; TNRCC ID No. EE-0461-D; 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. (Bill Jang)
Issue Agreed Order, RM/BH. All Agree
Item 27. Docket No. 98-0236-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Herbel Reyes dba Maxima Motors in El Paso County; TNRCC ID No. EE-0816-L; 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. (Bill Jang)
Issue Agreed Order, RM/BH. All Agree
Item 28. Docket No. 98-0710-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shell Oil Company in Harris County; Account No. HG-0659-W; 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. (Miriam Hall)
Issue Agreed Order, RM/BH. All Agree
Item 29. Docket No. 98-0720-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Javelina Company in Nueces County; Account No. NE-0253-K; 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. (Carl Schnitz)
Issue Agreed Order, RM/BH. All Agree
Item 30. Docket No. 98-0274-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Farris Concrete Company, Incorporated in Tarrant County; Account No. 93-1289-H; 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. (Carl Schnitz)
Issue Agreed Order, RM/BH. All Agree
Item 31. Docket No. 98-0554-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of PM ag Products, Inc. in Tarrant County; Account No. TA-0127-R; 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/BH. All Agree
Item 32. Docket No. 98-0959-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Johnny Smith dba Johnny Smith Used Cars in Tarrant County; Account No. TA-3236-N; 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/BH. All Agree
Item 33. Docket No. 98-0856-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of North American Galvanizing Company in Tarrant County; Account No. TA-0064-Q; 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/BH. All Agree
Item 34. Docket No. 98-0745-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Ennis Furniture Manufacturing Company, Incorporated in Ellis County; Account No. ED-0308-A; 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/BH. All Agree
Item 35. Docket No. 98-0958-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Doug Wood dba Doug's Used Cars in Johnson County; Account No. JH-0363-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/BH. All Agree
Industrial Hazardous Waste Enforcement Agreed Orders
Item 36. Docket No. 98-0017-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Betty Lyon and Glen Covey in Kimble County; TNRCC ID No. 84313; 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. (Hodgson Eckel)
Issue Agreed Order, JB/RM. All Agree
Item 37. Docket No. 96-1977-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pharr Plantation, Inc., Pharr Plantation Development Company, LTD., and Heblen Kanan in Hidalgo County; TNRCC ID No. 52175; 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. (Hodgson Eckel)
Issue Agreed Order, JB/RM. All Agree
Item 38. Docket No. 98-0174-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of James E. Smith, Nancy Dickenson-Smith and Hallcraft's Industries Corp. in Cooke County; TNRCC ID No. F01057; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapters 7 and 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Hodgson Eckel)
Issue Agreed Order, JB/RM. All Agree
Item 39. Docket No. 98-0875-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Caleb Brett USA Incorporated in Jefferson County; Solid Waste Registration Number 76062; for an industrial & hazardous waste violation pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health and Safety Code, Chapter 7 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Thomas Greimel)
Issue Agreed Order, JB/RM. All Agree
Item 40. Docket No. 98-0604-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rheaco Incorporated in Dallas County; Solid Waste Registration Number 37416; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapters 7 and 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Susan Johnson)
Issue Agreed Order, JB/RM. All Agree
Industrial Waste Discharge Enforcement Agreed Order
Item 41. Docket No. 98-0302-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of FFP Operating Partners, L.P. in Wilbarger County; TNRCC ID No. 03123-000; for water quality violations pursuant to Chapter 7 and 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Z. Hernandez)
Issue Agreed Order, RM/JB. All Agree
Item 42. Docket No. 98-0268-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. James Hartman in Harris County; Permit No. 02844 (Expired); for water quality violations pursuant to the Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Craig Carson)
Issue Agreed Order, RM/JB. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 43. Docket No. 97-0691-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Permian Petroleum Company in Andrews County; TNRCC ID No. 11718; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
Issue Agreed Order, JB/BH. All Agree
Item 44. Docket No. 98-0395-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Silvestri Investments in Harris County; TNRCC ID No. 0032245; for petroleum storage tank violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
Issue Agreed Order, JB/BH. All Agree
Item 45. Docket No. 96-1043-PST-E. Consideration of an Agreed Order assessing administrative penalties for Jasbir Singh, Bhupinder Singh Bawa, Amarjit Singh, Marminder Singh Bawa, and Seema Sona Inc., dba Sonic Quixk Stop in Harris County; TNRCC ID No. 0040823; 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. (Laura Kohansov)
Issue Agreed Order, JB/BH. All Agree
Item 46. Docket No. 98-0830-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Blue Water Sailors, Inc. dba Dollar Saver in Wichita County; Petroleum Storage Tank facility identification number 37220; for petroleum storage tank violations pursuant to Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Lori Haynie)
Issue Agreed Order, JB/BH. All Agree
Petroleum Storage Tank Enforcement Default Orders
Item 47. Docket No. 98-0608-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Jerry D. Roberts dba Roberts Grocery and Station in Hunt County; TNRCC ID No. 00582204; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
Remanded to Executive Director
Item 48. Docket No. 98-0304-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Bryan Smith and Rebecca Smith dba Zeke's Smokehouse aka Super Stop Convenience Store in Anderson County; TNRCC ID No. 48283; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
Issue Agreed Order, RM/JB. All Agree
Item 49. Docket No. 98-0559-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Noor Ali and Eli Sassoon dba Speed Market in Harris County; TNRCC ID No. 0060037; for petroleum storage tank violations pursuant to Chapter 382 of the Texas Health and 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/JB. All Agree
Sludge Enforcement Default Order
Item 50. Docket No. 98-0437-SLG-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mary Brandon in Grayson County; TNRCC ID No. None; for sewage sledge and 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/BH. All Agree
On-Site Sewage Installer Enforcement Default Order
Item 51. Docket No. 97-1119-OSI-E. Consideration of a Default Order assessing administrative penalties against Jerry Ivey in Fort Bend County; TNRCC ID No. 1663; 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)
Issue Default Order, JB/BH. All Agree
Irrigator License Enforcement Agreed Order
Item 52. Docket No. 96-0706-LII-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ms. Nancy Brown in Travis County; Not Licensed; for irrigator licensing violations pursuant to Texas Water Code, Chapter 34, and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, JB/RM. All Agree
Municipal Solid Waste Enforcement Agreed Orders
Item 53. Docket No. 98-0468-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Seymour in Baylor County; Municipal Solid Waste unauthorized site 455030035; for municipal solid waste violations pursuant to Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361 and Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Julia McMasters)
Issue Agreed Order, JB/BH. All Agree
Item 54. Docket No. 98-0841-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Fort Stockton in Pecos County; MSW Permit No. 976; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361, the Texas Water Code, Chapter 7 and the rules of the Texas Natural Resource Conservation Commission. (Craig Fleming)
Issue Agreed Order, JB/BH. All Agree
Rules (Publication and Hearings)
Item 55. Docket No. 98-1423-RUL. Consideration for publication of, and hearing upon, the proposed repeal of 30 TAC Chapter 120, concerning Control of Air Pollution from Hazardous Waste or Solid Waste Management Facilities. This action constitutes the commission's review of the rules contained in 30 TAC Chapter 120, in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. The commission has reviewed the rules, has determined that the need for the rules no longer exists, and proposes their repeal. (Barry Irwin) (Rule Log No. 98037-120-AI)
Approve Publication and Hearing, JB/RM. All Agree
Item 56. Docket No. 98-1506-RUL. Consideration for publication and hearing on proposed notice of review of 30 TAC Chapter 285 concerning On-Site Sewage Facilities as required by the General Appropriations Act, Article IX, 167, 75th Legislature, 1997. If approved, announcement of review will be published for comment in the Texas Register. (Mary Ambrose) (Rule Log No. 98036-285-WT)
Approve Publication, RM/JB. All Agree
Rules (Adoptions)
Item 57. Docket No. 98-0755-RUL. Consideration for adoption of the repeal of 30 TAC Chapter 113, Subchapter B divisions titled Nonferrous Smelters in El Paso County, Lead Smelters in Dallas County, Alternate Controls, and Compliance and Control Plan Requirements which includes Sections 113.31-113.68; the renaming of Subchapter B to National Emission Standards for Hazardous Air Pollutants (NESHAPs) (FCAA, Section 112, 40 CFR 61); and the addition of a new Section 113.55, concerning Radon Emissions from Phosphogypsum Stacks (40 CFR 61, Subpart R). If adopted, the repeals would revise the State Implementation Plan (SIP) and would eliminate lead rules which apply to inactive lead sources. If adopted, the new division in Subchapter B would not revise the SIP, but would request delegation of authority to implement one of the Title 40, Code of Federal Regulations, Part 61 NESHAPs. The proposal was published in the August 14, 1998, issue of the Texas Register (23 TexReg 8360). (Phil Harwell) (Rule Log No. 98006-113-AI).
Approve Adoption, RM/JB. All Agree
Item 58. Docket No. 98-0988-RUL. Consideration for adoption of the repeal of 30 TAC Chapter 238, concerning Water Well Drillers Rules and 30 TAC Chapter 340, concerning Licensing Requirements and Complaint Procedures for Water Well Drillers and Pump Installers. The repeal reflects the transfer of the water well drillers licensing program from the commission to the Texas Department of Licensing and Regulation. This action constitutes the commission's review of rules contained in 30 TAC Chapters 238 and 340, in accordance with the General Appropriations Act, Article IX, Rider 167, 75th Legislature, 1997. The proposal was published in the October 30, 1998, issue of the Texas Register (23 TexReg 11077). (Steve Musick) (Rule Log No. 97144-238-WT)
Approve Adoption, JB/BH. All Agree
Item 59. Docket No. 98-0812-RUL. Consideration for adoption of amendments to 30 TAC Chapter 50, concerning Purpose and Applicability; 30 TAC Chapter 288, concerning Water Conservation Plans, Guidelines, and Requirements; 30 TAC Chapter 293, concerning Water Districts; 30 TAC 294, concerning Underground Water Management Areas; 30 TAC Chapter 295, concerning Water Rights, Procedural; and 30 TAC Chapter 297, concerning Water Rights, Substantive. If adopted, the amendments will incorporate changes made to the Texas Water Code by Senate Bill 1 (1997) as well as earlier rulemaking efforts initiated at the time of the development and completion of the regulatory guidance document (RG-141, June 1995) for water rights applications. The proposal was published in the October 9, 1998, issue of the Texas Register (23 TexReg 10276). In addition, these actions constitute the commission's review of rules contained in 30 TAC Chapters 288, 294, 295 and 297, in accordance with the General Appropriations Act, Article IX, Rider 167, 75th Legislature, 1997. (Mark Jordan) (Rule Log No. 97146-297-WT)
Continued to January 20, 1999
EXECUTIVE SESSION
Item 60. 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 61. 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, January 13, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 62. 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. 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
Item 63. Docket No. 98-0887-RUL. Consideration for adoption of new 30 TAC Chapter 37, Subchapter O, Sections 37.5001, 37.5002, 37.5011, concerning Financial Assurance for Public Drinking Water Systems and Sewer Utilities; amendments to 30 TAC Subchapter A, Section 80.3, concerning Judges; amendments to 30 TAC Chapter 290, concerning Public Drinking Water; amendments to 30 TAC Chapter 291, concerning Utility Regulation; the repeal of 30 TAC Chapter 291, Section 291.15, concerning Jurisdiction of Municipality: Surrender of Jurisdiction, Section 291.16, concerning Applicability of Commission Service Rules; and new 30 TAC Chapter 291, Sections 291.15, 291.34, 291.140, 291.144, and 291.150-291.153, concerning Utility Regulation. The adopted rules would implement Senate Bill 1, 75th Legislature, 1997; streamline existing rules; and clarify the intent of existing rules. The proposed rules were published in the October 23, 1998, issue of the Texas Register (23 TexReg 10803). In addition, this proposed action constitutes the commission's review of the rules contained in 30 TAC Chapter 290, Subchapters D-G, concerning Public Water Systems, and 30 TAC Chapter 291, concerning Utility Regulation, in accordance with the General Appropriations Act, Article IX, Rider 167, 75th Legislature, 1997. The proposed rules review was published in the October 23, 1998, issue of the Texas Register (23 TexReg 10925). (Wayne Wiley) (Rule Log No. 97148-291-WT)
Approve Adoption with changes, RM/BH. All Agree


OLD BUSINESS AGENDA

Wednesday, January 13, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of December 2, 1998.
Item 1. 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.
Deny Motion for Continuance, JB/RM. All Agree. Adopt Proposal for Decision and Issue Order with changes, RM/JB. All Agree
Item carried forward from Agenda of April 8, 1998 and May 20, 1998 and June 17, 1998.
Item 2. Docket No. 98-0237-WR. Consideration of Application Nos. 4237 and 4237A filed by and Permit No. 4302 issued to the City of Stephenville, the City of Glen Rose, and the County of Somervell for the construction of a dam and reservoir on the Paluxy River, a tributary of the Brazos River, and the diversion or use of water from the Paluxy River for domestic, municipal or recreational purposes. Under the permit, the dam would be located in Somervell County about 3.2 miles west/northwest of Glen Rose, Texas. On January 30, 1995, the district court of Travis County, Texas, 98th Judicial District, issued an opinion and order reversing this decision and remanding the case to the Commission for further proceedings consistent with the opinion. (Robin Smith)
Accept Executive Director's Recommendations, JB/RM. All Agree


AGENDA

Wednesday, January 13, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 97-0058-AIR-E; SOAH Docket No. 582-97-1708. Consideration of Administrative Law Judge's Proposal for Decision and Order against Trevor Boyce Associates, Inc. for alleging violations concerning emissions of volatile organic compounds (VOC), in Liberty County, Texas.
Adopt Proposal for Decision and Issue Order, RM/BH. All Agree
Item 2. TNRCC Docket No. 97-1065-IHW; SOAH Docket No. 582-98-0869. Consideration of Administrative Law Judge's Proposal for Decision and Order against Gregg Dean and Mike Hogue for allowing metal plating wastes to remain on property allowing them to leach beneath the ground and creating the potential for runoff in Lake Fork Reservoir, in Wood County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Issue Order, deny exceptions of Executive Director, RM/BH. All Agree