AGENDA

Wednesday, March 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


OLD BUSINESS AGENDA

Wednesday, March 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 February 24, 1999.
Item 1. Docket No. 1999-0113-RES. Consideration of a resolution relating to the appointment of members to the Waste Reduction Advisory Committee. (Ken Zarker)
Approve Staff Recommendation, RM/RH. All Agree

HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, March 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Hearing Request
Item 1. Docket No. 1998-1037-MWD. LAVON COUNTRY MEADOWS, LTD., has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 13962-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 76,950 gallons per day. The plant site is located approximately 2,500 feet northwest of the Community of Culleoka, immediately west of Farm-to-Market Road 982 and north of the Culleoka Baptist Church in Collin County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Robert Robinson/Margaret Hoffman)
See Item #32
Item 2. Docket No. 1999-0052-MWD. BIG BEND MOTOR INN, INC., has applied for a renewal of Permit No. 13652-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day via irrigation of 32.5 acres of land. No discharge of pollutants into water in the State is authorized by this permit. The wastewater treatment facilities and disposal site are located approximately 1/4 mile east of the intersection of State Highway 118 and State Highway 170 in Brewster County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Robert Robinson/Margaret Hoffman)
Grant Hearing Request and send to Alternative Dispute Resolution for 4 to 6 weeks if mediation fails forward to State Office Administrative Hearings, JB/RM. All Commissioners Agree
District Matters
Item 3. Docket No. 1998-1361-DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE PETITION BY FRIENDSWOOD DEVELOPMENT COMPANY, LTD. FOR CREATION OF HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 156. For Commission consideration. The Commission has received a petition from Friendswood Development Company, Ltd., for the creation of Harris County Water Control and Improvement District No. 156, which would contain approximately 142.368 acres. (TNRCC Internal Control No. 060998-D01, Samuel W.Jones, P.E.)
Approve Proposed Order and Grant Petition, RM/JB. All Commissioners Agree
Item 4. Docket No. 1998-1192-DIS. Consideration of a Proposed Order Approving the Application of Roman Forest Public Utility District No. 4 of Montgomery County for Authorization to Proceed under the Federal Bankruptcy Code Pursuant to V.T.C.A., Water Code Section 49.456. (TNRCC Internal Control No. 080598-D01; Cindy Cartwright).
Approve Staff Recommendation, RH/JB. All Commissioners Agree
Water Quality Management Planning Reports
Item 5. Docket No. 1999-0231-RPT. Consideration to approve the following reports: (1) The 1997/98 Update to the State of Texas Water Quality Management Plan (1 report), (2) Houston-Galveston Area Council's Gulf Coast Region Water Quality Management Planning Document (August 1998) (1 report), (3) North Central Texas Council of Governments' 1997 Environmental Strategies for the Metroplex (June 1997) (1 report), (4) Central Texas Council of Governments' Water Quality Management Planning in the Central Texas Region (August 1997) (1 report), as certified updates to the State of Texas Water Quality Management Plan (WQMP). After approval by the Commission, the documents are transferred to the Environmental Protection Agency for their approval as updates to the WQMP in order to satisfy federal water quality management planning requirements. (L. Brookins).
Approve Staff Recommendation, RM/RH. All Commissioners Agree
Authorizations to Construct
Item 6. Docket No. 1999-0277-MWD. Consideration of a Request by Harold Alexander Clark for an Order authorizing construction of a wastewater treatment plant for the Atascocita Village Mobile Home Park, 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, Firoj Vahora)
Approve Authorization to Construct, RM/RH. All Commissioners Agree
Item 7. Docket No. 1999-0299-MWD. Consideration of a Request by Fort Bend County Municipal Utility District for an Order authorizing construction of a wastewater treatment plant,in Fort Bend, 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)
See Item #30
Public Water Supply Enforcement Agreed Orders
Item 8. Docket No. 1997-0996-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rural Bardwell Water Supply Corporation in Ellis County; PWS No. 0700023; 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. (Terry Thompson)
Remand to Executive Director
Item 9. Docket No. 1998-0869-PWS-E. Consideration of an Agreed Order assessing administrative penalties against W Silver, Incorporated in El Paso County; PWS No. 0710096; 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, JB/RM. All Commissioners Agree
Item 10. Docket No. 1997-1112-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Darrell Hall dba Shannon Estates Subdivision in Grimes County; Public Water System No. 0930052; for drinking water quality violations pursuant to Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Sabelyn Pussman)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 11. Docket No. 1998-0873-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Cotulla in La Salle County; PWS No. 1420001; 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, JB/RM. All Commissioners Agree
Item 12. Docket No. 1998-0355-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Como, in Hopkins County; PWS No. 1120012; 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, JB/RM. All Commissioners Agree
Item 13. Docket No. 1996-1725-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Midway in Madison County; PWS No. 1570003; 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. (Terry Thompson)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 14. Docket No. 1998-0492-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Buddy Burnett dba Ponderosa Mobile Home Complex in Randall County; PWS No. 1910044; 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, JB/RM. All Commissioners Agree
Air Enforcements Agreed Orders
Item 15. Docket No. 1998-0678-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pioneer Concrete of Texas, Inc. in Deaf Smith County; Account No. 93-1908-V; 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. (Joseph Campa)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 16. Docket No. 1998-1065-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bobby Lanham dba American Marble in Tarrant County; Account No. TA-3696-V; 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/JB. All Commissioners Agree
Item 17. Docket No. 1998-0896-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Paks Corporation in Kimble County; Account No. KG-0003-S; 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. (Mark Newman)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 18. Docket No. 1998-1267-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rick Gaconnet dba Triple TTT Sandblasting in Parker County; Account No. PC-0231-I; 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/JB. All Commissioners Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 19. 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)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 20. Docket No. 1998-0123-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Mineral Wells in Parker County; Permit No. 10585-003; for water quality violations pursuant to Texas Water Code Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding)
Issue Agreed Order, RM/JB. All Commissioners Agree
Item 21. Docket No. 1998-0514-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Woodcreek Utilities, Inc., a subsidiary of AquaSource, Inc. in Hays County; Permit No. 11431-001; for water quality violations pursuant to Texas Water Code Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Patrick Marcyniuk)
Remand to Executive Director, JB/RH. All Commissioners Agree
Item 22. Docket No. 1998-0866-MWD-E. Consideration of an Agreed Order assessing administrative penalties of North Forest MUD in Harris County; Water Quality Permit No. 10905-001; for water quality violations pursuant to Texas Water Code, Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)
Issue Agreed Order, RM/JB. All Commissioners Agree
On-Site Sewage Facility Enforcement Agreed Orders
Item 23. Docket No. 1997-0720-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Benny Melton in Navarro County; No OSSF Installer Certificate of Registration; for certification violations pursuant to Texas Health & Safety Code Chapter 366 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)
Issue Agreed Order, JB/RH. All Commissioners Agree
Item 24. Docket No. 1997-0470-OSI-E. Consideration of an Agreed Order assessing administrative penalties of Juan Antonio Rodriguez in Uvalde County; No OSSF Installer Certificate of Registration; for certification violations pursuant to Texas Health & Safety Code, Chapter 366 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)
Issue Agreed Order, JB/RH. All Commissioners Agree
Municipal Solid Waste Enforcement Default Order
Item 25. 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)
Issue Default Order, RM/JB. All Commissioners Agree
Rules (Request for Publication and Hearing)
Item 26. Docket No. 1999-0115-RUL. Consideration for publication of, and hearing upon, proposed new 30 Texas Administrative Code (TAC) Chapter 350, Subchapter A concerning General Information, Subchapter B concerning Remedy Standards, Subchapter C concerning Affected Property Assessment, Subchapter D concerning Development of Protective Concentration Levels, Subchapter E concerning Reports, Subchapter F concerning Institutional Controls and Subchapter G concerning Establishing a Facility Operations Area; new 30 TAC Chapter 37, Subchapter N concerning Financial Assurance Requirements for the Texas Risk Reduction Program Rule; conforming amendments to 30 TAC Chapter 327 concerning Spill Prevention and Control, 30 TAC Chapter 331 concerning Underground Injection Control, 30 TAC Chapter 332 concerning Composting, 30 TAC Chapter 333 concerning Brownfields Initiatives, 30 TAC Chapter 334 concerning Underground and Aboveground Storage Tanks, and Chapter 335 concerning Industrial Solid Waste and Municipal Hazardous Waste; and repeal of 30 TAC 333.11 concerning public notice requirements for the Voluntary Cleanup Program. If approved, the new Chapter 350 rule, referred to as the Texas Risk Reduction Program (TRRP) rule, would establish a uniform set of risk-based performance-oriented technical standards to guide response actions at affected properties. Specifically, the proposed rule would establish: requirements pertaining to off-site properties and leased lands; required actions when substantial changes in circumstances occur at an affected property; assessment of property affected by chemicals of concern (COCs); development of protective concentration levels for human and ecological receptors; response actions necessary to restore a property to active and productive use; requirements for post-response action care; financial assurance for post-response action care in certain circumstances; reporting requirements; standard for institutional controls; and requirements for establishing a Facility Operations Area. Proposed new 30 TAC Chapter 37, Subchapter N, the amendments to 30 TAC Chapter 327 and Chapters 331 through 335, and the repeal of 333.11 are conforming rule changes necessary to implement the proposed rule. (Chet Clarke) (Rule Log No. 96106-350-WS)
Approve Publication and Hearing, with changes, JB/RM. All Commissioners Agree
Rule (Adoption)
Item 27. Docket No. 1998-1104-RUL. Consideration for adoption of amendments to 30 TAC Chapter 335, Subchapter A, concerning Industrial Solid Waste and Municipal Hazardous Waste in General, Subchapter H, concerning Standards for the Management of Specific Wastes and Specific Types of Facilities, and Subchapter O, concerning Land Disposal Restrictions. If approved, the amendments would update the commission's hazardous waste rules to address certain changes to the federal hazardous waste regulations promulgated through August 31, 1998, primarily relating to the definition of solid waste and to hazardous waste land disposal restrictions. The proposed rules were published in the November 27, 1998, issue of the Texas Register (23 Tex Reg 11903). (Ray Austin) (Rule Log No. 98041-335-WS)
Approve Adoption of Amendments, RM/JB. All Commissioners Agree
EXECUTIVE SESSION
Item 28. 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 29. 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
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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.


ADDENDUM TO AGENDA

Wednesday, March 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 30. Docket No. 1999-0299-MWD. Consideration of a Request by Fort Bend County Municipal Utility District No. 116 for an Order authorizing construction of a wastewater treatment plant,in Fort Bend, 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, JB/RM. All Commissioners Agree


SECOND ADDENDUM TO AGENDA

Wednesday, March 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 31. Docket No. 1999-0199-MWD. Consideration of a Request by Silverleaf Resorts, Inc., for an Order authorizing construction of a wastewater treatment facility in Comal 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, Jr.)
Approve Authorization to Construct, RH/JB. All Commissioners Agree


THIRD ADDENDUM TO AGENDA

Wednesday, March 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 32. Docket No. 1999-1037-MWD. Lavon Country Meadows, Ltd., has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 13962-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 76,950 gallons per day. The plant site is located approximately 2,500 feet northwest of the Community of Culleoka, immediately west of Farm-to-Market Road 982 and north of the Culleoka Baptist Church in Collin County, Texas. The Commission will consider the application, the hearing requests and public comments filed on the application, and the Executive Director's Response to Requests for Hearing and Public Comments.
Deny Hearing Request and Issue Permit, JB/RH. All Commissioners Agree


CONTESTED AGENDA

Wednesday, March 10, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1996-1466-IHW; SOAH Docket no. 582-97-0499. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning the application of TXI Operations, L.P. for Permit No. HW-50316-001. The facility if located in Midlothian, Ellis County, Texas. Recommendation: The Administrative Law Judge recommends issuance of Permit. (Tommy Broyles/Carol Wood).
Adopt Proposal for Decision and Issue Order with additional provision recommended by EPA. Accept Executive Director's and Applicant's Exceptions, overrule all other exceptions, JB/RH. All Commissioners Agree