AGENDA

Wednesday, February 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 1998-1154-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. 1999-0024-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. 1999-0025-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
Item 4. Docket No. 1999-0026-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


OLD BUSINESS AGENDA

Wednesday, February 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from agenda of Dec 16, 98 and January 13, 1999.

Item 1. 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 March 24, 1999
Item carried forward from Agenda of January 20, 1999.
Item 2. Docket No. 1998-0359-RUL. Consideration for adoption of amendments to 30 TAC Chapter 122, concerning Federal Operating Permits; Section 122.10, concerning General Definitions; Section 122.130, concerning Initial Application Due Dates; Section 122.134, concerning Complete Application; Section 122.201, concerning Initial Permit Issuance; Section 122.501, concerning General Operating Permits; Section 122.503, concerning Application Revisions for Changes at a Site; Section 122.504, concerning Application Revisions When a General Operating Permit is Revised or Repealed; Section 122.506, concerning Public Notice for General Operating Permits; Section 122.508, concerning Notice and Comment Hearings for General Operating Permits; new Section 122.509, concerning Public Announcement for General Operating Permits; and new Section 122.510, concerning General Operating Permits Adopted by the Commission. If adopted, the amendments and new sections would authorize the executive director to issue and revise general operating permits without further rule amendments. The proposal was published in the September 4, 1998, issue of the Texas Register (23 TexReg 8987). Beecher Cameron. (Rule Log No. 98011-122-AI)
Adopt Amendements, RM/RH, All Agree


ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, February 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of January 27, 1999.

Item 3. Docket No. 1998-1508-AIR. Hearing regarding consideration to affirm, modify or set aside the Executive Director's Emergency Order issued to 3M Brownwood, Brownwood, Brown County, Texas on December 23, 1998 authorizing the repair of a thermal oxidizer system and the associated emissions from the LPP Press. (Janis Hudson, Richard Hughes).
Affirm order with changes, RM/JB. All Agree

Huston
Marquez
Baker

AGENDA

Wednesday, February 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Municipal Solid Waste Petition to Revoke

Item 1. Docket No. 1999-1558-MSW. Consideration of the Executive Director's petition to revoke Innovex, Inc.'s permit (Permit No. MSW-2230) for good cause, including abandonment and failure to fully disclose all relevant facts during the application process. This permit authorizes the operation of a Type V Municipal Solid Waste Processing Facility (grease and grit trap) with a minimum total capacity of 15,000 gallons per day.
Remand to Executive Director
Resolution
Item 2. Docket No. 1999-0055-RES. Consideration of a resolution delegating to the Executive Director the Commission's authority to approve water quality management plans, revisions, and updates prepared in accordance with sections 26.036 and 26.037, Texas Water Code. (B. Sweeney)
Approve Resolution, RM/RH. All Agree
Air Enforcement Agreed Orders
Item 3. Docket No. 1998-0569-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain action of Azizolah Rezakhani dba Lube Kwik in Dallas County, TNRCC ID No. DB-4770-J; 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. (Tracy L. Harrison)
Issue Agreed Order, RM/JB. All Agree
Item 4. Docket No. 1998-0641-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Louisiana-Pacific Corporation in Hardin County; Account No. HF-0011-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. (Lawrence King)
Issue Agreed Order, RM/JB. All Agree
Item 5. Docket No. 1998-0308-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Industrial Pipe and Plastics in Karnes County; Account Nos. KA-0039-R and KA-0041-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. (David Turner)
Issue Agreed Order, RM/JB. All Agree
Item 6. Docket No. 1998-0768-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Bennie McGriff dba Bennie's Automotive in Dallas County; Account No. DB-4868-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 DeLaCruz)
Issue Agreed Order, RM/JB. All Agree
Item 7. Docket No. 1998-0995-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Clay Cooley dba Pinnacle Motors in Denton County; Account No. DF-0573-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. (Michael DeLaCruz)
Issue Agreed Order, RM/JB. All Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 8. Docket No. 1997-0819-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harris County Fresh Water Supply District No. 1-A in Harris County; TNRCC ID No. 11195-001; for water quality violations pursuant to the Texas Water Code Chapter 26, WQ Permit No. 11195-001, and the rules of the Texas Natural Resource Conservation Commission. (Guy Henry)
Issue Agreed Order, RH/JB. All Agree
Item 9. Docket No. 1997-0912-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Alvarado in Johnson County; Water Quality Permit No. 10567-001; for water quality violations pursuant to the Texas Water Code, Chapter 26, and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)
Item submitted in Error
Item 10. Docket No. 1998-0588-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pirates Cove Water Supply and Sewer Service Corporation in Calhoun County; Expired Permit No. 12553-001; for water quality violations pursuant to Texas Water Code, Chapters 7 & 26, and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)
Issue Agreed Order, JB/RM. All Agree
Item 11. Docket No. 1998-0890-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Lubbock in Lubbock County; WQ Facility ID No. 10353-008; for water quality violations pursuant to Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (James Jaggers)
Issue Agreed Order, JB/RM. All Agree
Item 12. Docket No. 1998-0270-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sports & Fitness Clubs of America, Inc. dba "Q" The Sports Club in Travis County; TNRCC ID No. 90101602; 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)
Issue Agreed Order, JB/RM. All Agree
On-Site Sewage Installer Default Order
Item 13. Docket No. 1998-0020-OSI-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Larry Young in Polk County; TNRCC ID No. 2066; 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. (John Peeler)
Remand to Executive Director
Industrial Hazardous Waste Enforcement Agreed Orders
Item 14. Docket No. 1998-0737-IHW-E. Consideration of an Agreed Order assessing administrative penalties of Merichem-Sasol USA LLC in Harris County; Solid Waste Registration No. 30595; for industrial & hazardous waste violations pursuant to Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361 and Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Tim Haase)
Issue Agreed Order, RM/RH. All Agree
Item 15. Docket No. 1998-0125-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Commercial Manufacturing Co, Inc. in Bowie County; Solid Waste Registration No. 37476; for industrial & hazardous waste violations pursuant to Texas Water Code, Chapters 7 and 26, the Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361 and the rules of the Texas Natural Resource Conservation Commission. (Sabelyn Pussman)
Issue Agreed Order, RM/RH. All Agree
Item 16. Docket No. 1998-0384-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of James Breaux dba Pemco Equipment Co. in Ector County; TNRCC ID No. 34763; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361, Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle)
Issue Agreed Order, RM/RH. All Agree
Public Water Supply Enforcement Agreed Orders
Item 17. Docket No. 1998-0979-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Anthony Foods in El Paso County; PWS No. 0710073; for drinking water quality violations to Texas Health & Safety Code, Chapter 341, and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave)
Issue Agreed Order, JB/RM. All Agree
Item 18. Docket No. 1998-0375-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Lone Star Steel Company in Morris County; PWS No. 1720002; 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, JB/RM. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 19. Docket No. 1998-0571-PST-E. Consideration of an Agreed Order assessing administrative penalties of Fleet Fueling dba Texaco Food Mart #14 in Orange County; PST ID No. 0009315; for petroleum storage tank violations pursuant to Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly)
Issue Agreed Order, JB/RM. All Agree
Item 20. Docket No. 1998-1027-PST-E. Consideration of an Agreed Order assessing administrative penalties of Tae Park dba Exxon Tiger Mart in Harris County; TNRCC ID No. 0070523; Enforcement ID No. 12782; 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, JB/RM. All Agree
Item 21. Docket No. 1998-0821-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Manshera, Inc. dba Super Star #1 in Jefferson County; PST ID No. 0039975; 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. (Susan Kelly)
Issue Agreed Order, JB/RM. All Agree
Item 22. Docket No. 1998-0537-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mohmoud Husainat in Galveston County; Enforcement ID No. 12825; for petroleum storage tank and stage II violations pursuant to Texas Health & Safety Code, Chapter 382 and Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Craig Fleming)
Issue Agreed Order, JB/RM. All Agree
Item 23. Docket No. 1998-0801-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hulen Stop, Inc, in Tarrant County; PST ID No. 0014932, Enforcement ID No. 12712; for petroleum storage tank violations pursuant to the Texas Health & 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, JB/RM. All Agree
Municipal Solid Waste Enforcement Agreed Order
Item 24. Docket No. 1998-0645-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hopkins County and Goodwill Industries in Hopkins County; MSW Facility ID No. 40088; for municipal solid waste violations pursuant to Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361, and Texas Water Code, Chapter 26 and the rules of the Texas Natural Resource Conservation Commission. (Gloria Stanford)
Remand to Executive Director, RH/JB. All Agree
Rule
Item 25. Docket No. 1998-0536-RUL. Consideration for adoption of new 30 TAC Chapter 216, Subchapter B, Sections 216.21-216.30, concerning Municipal Water Pollution Control and Abatement. If approved, the new subchapter will require cities with populations of at least 10,000, and in which water quality assessment reports have identified water pollution that is attributable to non-permitted sources, to implement measures to control and abate water pollution within the city's jurisdiction. If approved, these rules would implement the statutory requirements of Texas Water Code, Section 26.177, relating to Water Pollution Control Duties of Cities. The proposed rules were published in the October 30, 1998, issue of the Texas Register (23 TexReg 11072). (Arthur Talley) (Rule Log No. 97164-216-WT)
Adopt Rules with changes as recommended, RM/JB. All Agree
EXECUTIVE SESSION
Item 26. Docket No. 1999-0024-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 27. Docket No. 1999-0025-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
Item 28. Docket No. 1999-0026-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
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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.

HUSTON
MARQUEZ
BAKER-ABSENT

AGENDA

Wednesday, February 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 1998-1472-AIR. Application by New Home Cooperative Gin for permit amendment No. 1269A authorizing air emissions. The applicant's facilities are located in Lynn County. The Commission will consider the motion for reconsideration filed concerning the Executive Director's issuance of the permit amendment on November 17, 1998. The Motion for Reconsideration was filed under 30 TAC 50.39. (David Duncan)
Grant Motion for Rehearing and allow 4 to 6 weeks for Alternative Dispute Resolution if ADR fails, refer to State Office Administrative Hearing on the 1998 amendment to Permit and set aside permit, RH/RM. Baker Absent