AGENDA

Wednesday, April 28, 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, April 28, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of April 7, 1999.
Item 1. Docket No. 1999-0363-RUL. Consideration for publication of, and opportunity for hearing upon, proposed amendments to the following sections of 30 TAC: Chapter 37 - Financial Assurance; Section 37.11 - Definitions; Section 37.261 - Corporate Guarantee for Closure; Section 37.551 - Corporate Guarantee for Liability; Chapter 335 - Industrial Solid Waste and Municipal Hazardous Waste; Section 335.112 - Standards; Section 335.152 - Standards. The amendments give an additional financial assurance option to owners and operators of Industrial and Hazardous Waste facilities. The additional option is for guarantors to use the financial test to provide a guarantee on behalf of entities with which they have a substantial business relationship. (Linda Shirck /Patricia Hershey) (Rule Log No. 98059-037-AD)
Approve publication, JB/RM. All Commissioners Agree
Item carried forward from Agenda of April 7, 1999.
Item 2. Docket No. 1999-0373-RUL. Consideration for publication of, and possible hearing on, proposed amendments of the following sections of 30 TAC Chapter 335, concerning Industrial Solid Waste and Municipal Hazardous Waste: Section 335.1 - Definitions; Section 335.2 - Permit Required; New Section 335.25 - Handling, Storing, Processing, Transporting, and Disposing of Poultry Wastes. The amendments would implement Senate Bill 1910, 75th Legislature, relating to the regulation of poultry operations, and would incorporate new definitions, address permit requirements, and specify acceptable methods for processing and disposal of poultry carcasses. (Hector Mendieta)(Rule Log No. 97157-335-WS)
No Action Required
Item carried forward from Agenda of April 7, 1999.
Item 3. Docket No. 1999-0373-RUL. Consideration for publication and hearing on, proposed amendments of the following sections of 30 TAC Chapter 335, concerning Industrial Solid Waste and Municipal Hazardous Waste:Section 335.1 - Definitions; Section 335.2 - Permit Required; New Section 335.25 - Handling, Storing, Processing, Transporting, and Disposing of Poultry Wastes. The amendments would implement Senate Bill 1910, 75th Legislature, relating to the regulation of poultry operations, and would incorporate new definitions, address permit requirements, and specify acceptable methods for processing and disposal of poultry carcasses. (Hector Mendieta)(Rule Log No. 97157-335-WS)
Approve Publication, RH/RM. All Commissioners Agree


Huston
Marquez
Baker

AGENDA

Wednesday, April 28, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

09:30 A.M.

Room 201S, Bldg. E

12100 Park 35 Circle

Reports
Item 1. Docket No. 1999-0482-RPT. Discussion of an Agency Report on Enforcement Actions from various programs including Agriculture, Air, Industrial & Hazardous Waste, Multi-Media, Municipal Solid Waste, Occupational Certification, Petroleum Storage Tanks, Water Quality, and Public Water Supply. (Ann McGinley)
Approve Report, RM/RH. All Commissioners Agree
Hearing Requests
Item 2. Docket No. 1999-0420-AIR. MERIDIAN AGGREGATES COMPANY L.P. for renewal of Air Quality Permit No. 8355A to authorize the continued operation of an existing Rock Crusher. The facility is located one-quarter mile south of Richland Creek on SW 0030 in Richland, Navarro County, Texas. The Commission will consider the application and hearing requests filed on the application. (Maria Sanchez/Richard Wheeler)
Deny hearing request and issue renewal of permit, JB/RM. All Commissioners Agree
Item 3. Docket No. 1999-0414-MWD. Consideration of permit application 11077-002, submitted by CITY OF FATE for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 11077-002, which authorizes the discharge of treated domestic wastewater with a daily average flow not to exceed 200,000 gallons per day. The plant site is located approximately 1,000 feet east of the intersection of State Highway 66 and Farm-to-Market Road 55 in Rockwall County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.(Robert Robinson/Margaret Hoffman)
Continued to May 12, 1999
Item 4. Docket No. 1999-0345-AIR. TOULOUSE, INC. for Air Quality Permit No. 38046 to construct a Crematory for Small Animals. The location of the proposed facility is 651 Dogen Way in Buda, Hays County, Texas. The Commission will consider the application and hearing requests filed on the application. (Maria Sanchez/Hubert Ashley)
Deny hearing request and issue permit, RH/RM. All Commissioners Agree
Item 5. Docket No. 1999-0421-UIC. PILGRIM'S PRIDE CORP. for six Underground Injection Control (UIC) permits: WDW-352, WDW-353, WDW-354, WDW-355, WDW-356 and WDW-357. The permits will authorize disposal of non-hazardous wastes generated at the permittee's proposed Walker Creek facility from cleaning and processing of boilers for the production of various poultry products as well as rendering of by-products and further processing for production of poultry meal, feather meal, blood meal and oil for use in the production of pet foods and poultry feed. The wells are located in Camp County, 4 miles north of Pittsburg, east of Highway 271 and 43 miles north of Longview. The Commission will consider the application and hearing requests that have been filed on the application. (Christopher Gee/Alice Rogers)
Grant hearing request to Joseph Ashmore, Fred Avery, and B.M. Sandlin Family and deny all other request, RH/RM. Forward to Alternative Dispute Resolution for mediation for 4 to 6 weeks if mediation fails forward to State Office Administrative Hearing, RH/RM. All Commissioners Agree
District Matters
Item 6. Docket No. 98-0702-DIS. Consideration of a Proposed Order Approving the Petition of a Landowner for Dissolution of Saddletree Water Control and Improvement District of Hays 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. 060398-D04; Samuel W. Jones)
Remand to Executive Director
Resolutions
Item 7. Docket No. 1999-0525-RES. Consideration of a Resolution Authorizing the Executive Director to enter a settlement agreement for the former Winn's Stores Distribution Center facility in Bexar County, San Antonio, Texas pursuant to Section 361.200 of the Texas Health & Safety Code. (Charles Vorndran)
Approve Resolution with changes, RM/RH. All Commissioners Agree
Item 8. Docket No. 1999-0524-RES. Consideration of Resolution affirming the Executive Director's subdelegation of authority relating to certain permits, authorizations, and approvals. (Lydia Gonzalez Gromatzky)
Adopt resolution as amended, RH/JB. All Commissioners Agree
Authorization to Construct
Item 9. Docket No. 1999-0507-MWD. Consideration of a Request by Arthur Louis Smalley, III and Joseph Mark Dooley for an Order authorizing construction of the Golden Road Wastewater Treatment Plant, in Montgomery 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 authorizations to construct would not permit the use of the newly constructed wastewater treatment system. (Kathy H. Brown, Kent H. Trede)
Remanded to Executive Director
Item 10. Docket No. 1999-0514-MWD. Consideration of a Request by North Texas Municipal Water District for an Order authorizing construction of a wastewater treatment facility in Denton 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 additions to the applicants wastewater treatment facility (Monique Norman, Mark Sullivan)
Continued to May 12, 1999
Petroleum Storage Tank Enforcement Agreed Orders
Item 11. Docket No. 1998-1142-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Birdsong Freeway America in Jefferson County; PST Facility ID No. 0049072; for petroleum storage tank violations pursuant to the Clean Air Act, Texas Health & Safety Code, Chapter 382 and the Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Craig Fleming)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 12. Docket No. 1998-1182-PST-E. Consideration of an Agreed Order assessing administrative penalties of A.N. Rusche Distributing Company in Harris County; PST Facility ID No. 56410; for petroleum storage tank violations pursuant to 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. (Anne Nyffenegger)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 13. Docket No. 1998-1063-PST-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Mr. George Hogland dba Lester's Full Service in Lubbock County; PST Facility ID No. 12256; for petroleum storage tank 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, RM/RH. All Commissioners Agree
Item 14. Docket No. 1998-0804-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Olivas Aviation in El Paso County; Facility Identification Number 16388; for petroleum storage tank 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. (Joyce Ford)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 15. Docket No. 1997-0941-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Leon C. Neil in San Patricio County; TNRCC ID No. 66924; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 16. Docket No. 1998-1151-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Jerry Hopkins in McLennan County; PST Facility ID No. 1971; for petroleum storage tank violations pursuant to Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (James Jackson)
Issue Agreed Order, RM/RH. All Commissioners Agree
Industrial Waste Discharge Enforcement Agreed Orders
Item 17. Docket No. 1998-0731-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rex-Hide Industries, Inc in Smith County; Permit No. 01452; for water quality violations pursuant to Chapters 7 and 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Claudia Chaffin)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 18. Docket No. 1998-1014-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Four-K Houston Property Company in Waller County; Permit No. 02416; for water quality violations pursuant to Chapters 7 and 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Claudia Chaffin)
Issue Agreed Order with corrections, RH/JB. All Commissioners Agree
Item 19. Docket No. 1998-0806-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pioneer Concrete of Texas, Inc. in Montgomery County; Permit No. 02502; 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. (Claudia Chaffin)
Issue Agreed Order, RH/JB. All Commissioners Agree
Water Rights Enforcement Agreed Orders
Item 20. Docket No. 1998-1250-WR-E. Consideration of an Agreed Order assessing administrative penalties of Hunter Industries, Inc. in Williamson County; No Permit; for water rights violations pursuant to Texas Water Code Chapter 11 and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, JB/RH. All Commissioners Agree
Item 21. Docket No. 1998-1138-WR-E. Consideration of an Agreed Order assessing administrative penalties of Thomas Brothers Grass, Ltd. in Hood County; for water rights violations pursuant to Texas Water Code Chapters 7 and 11 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Issue Agreed Order, JB/RH. All Commissioners Agree
Air Enforcement Agreed Orders
Item 22. Docket No. 1998-0058-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Hiram B. Hyde, in Kerr County; Air Account No. KF-0055-K; for air quality and municipal solid waste violations pursuant to the Texas Clean Air Act and the Texas Solid Waste Disposal Act, Texas Health & Safety Code Chapters 361 and 382, Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 23. Docket No. 1997-0687-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Engineered Carbons, Inc. in Harris County; TNRCC ID No. HG-0412-M; for air quality 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. (Booker Harrison)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 24. Docket No. 1998-1346-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Star Enterprise in Jefferson County; TNRCC ID No. JE-0095-D; for air quality 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. (Booker Harrison)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 25. Docket No. 1998-0396-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of DeKalb Swine Breeders, Inc. in Hockley County; TNRCC ID No. 02252; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Laura Kohansov)
See Item 66. No Action Required
Item 26. Docket No. 1998-1121-AIR-E. Consideration of an Agreed Order administrative penalties and resolving an enforcement action against Dariush Khairkhah dba The Pit Pros in Dallas County; Account No. DB-4948-P; for Air quality violations pursuant to the Texas Clean Air Act, Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith)
Remanded to Executive Director
Item 27. Docket No. 1998-1274-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of New Braunfels General Store International in Comal County; Account No. CS-0024-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. (David D. Turner)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 28. Docket No. 1998-1178-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Bruce Foods Corporation in El Paso County; Account No. EE-0206-V; 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, RH/JB. All Commissioners Agree
Item 29. Docket No. 1998-1041-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Petroleum Wholesale, Incorporated in Harris County; Account No. HG-0494-H; for air quality violations pursuant to 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. (Sheila Smith)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 30. Docket No. 1998-1268-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Jim Brazil dba Sterling Auto in Hood County; Account No. HQ-0066-T; 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. (Michael De La Cruz)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 31. Docket No. 1998-0965-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Ranger Excavating, Inc. in Williamson County; Account No. 90-6934-S; 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. (Chris Smith)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 32. Docket No. 1998-1266-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tiffany Brick Company, L.P. dba US Brick in Palo Pinto County; Account No. PA-0029-E; 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. (Michael De La Cruz)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 33. Docket No. 1998-0247-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Steven Carr dba Builders Marble Company in Collin County; Account No. CP-0158-R; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Texas Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz)
Issue Agreed Order, RH/JB. All Commissioners Agree
Item 34. Docket No. 1998-0832-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of South Texas Electric Cooperative, Inc. in Victoria County; Account No. VC-0026-O; 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. (Guadalupe Lopez)
Issue Agreed Order, RH/JB. All Commissioners Agree
Air Enforcement Default Order
Item 35. Docket No. 1998-0567-AIR-E. Consideration of a Default Order assessing administrative penalties against Reinaldo Turcios dba Rambo Tires in Dallas County; TNRCC ID No. DB-4763-G; for air quality 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. (Booker Harrison)
Issue Default Order, RH/RM. All Commissioners Agree
Agricultural Enforcement Agreed Order
Item 36. Docket No. 1998-0589-AGR-E. Consideration of an Agreed Order assessing administrative penalties of Joe Cordell and John Heavyside dba Lledroc Farms West in Erath County; for water quality violations pursuant to 30 TAC 321 and Texas Water Code Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Issue Agreed Order, JB/RM. All Commissioners Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 37. Docket No. 1998-1076-MWD-E. Consideration of an Agreed Order assessing administrative penalties of Timothy Brent Claiborne dba Northwest Mobile Home Community in Wise County; Permit No. 13142- 001; 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/RM. All Commissioners Agree
Item 38. Docket No. 1998-1012-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Northwest Harris County Municipal Utility District No. 9 in Harris County; Water Quality Permit No. 11948-001 (expired); for water quality violations pursuant to Texas Water Code Chapters 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 39. Docket No. 1998-0217-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of SFM Management Corporation aka SFM Management aka Wilma Hess dba SFM Management Co. in Harris County; TNRCC ID No. 12869-001; 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 Agreed Order, JB/RM. All Commissioners Agree
Municipal Waste Discharge Enforcement Default Order
Item 40. Docket No. 1998-0427-MWD-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mohammed A. Swati, Aftab Mohammed Sultan, and Ricky Davis dba Super Stop Carwash No. 1 in Orange County; TNRCC ID No. None; for air 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, RM/RH. All Commissioners Agree
Public Water Supply Enforcement Agreed Orders
Item 41. Docket No. 1998-0486-PWS-E. Consideration of an Agreed Order assessing administrative penalties against the City of O'Brien in Haskell County; PWS No. 1040005; 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. (Julie Talkington)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 42. Docket No. 1998-0827-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Village of Briarcliff in Travis County; Public Water System No. 2270007; for drinking water quality violations pursuant to the Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Sabelyn Pussman)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 43. Docket No. 1997-1059-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Herbert Morrell dba Doucette Water System in Tyler County; TNRCC ID No. 2290004; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Ali Abazari)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 44. Docket No. 1997-1086-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Eric and George Myers dba Mockingbird Mobile Home Park in Hays County; TNRCC ID No. 1050057; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Ali Abazari)
Issue Agreed Order, RM/RH. All Commissioners Agree
Item 45. Docket No. 1997-1159-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pinehill-Chapman Water Supply Corporation in Rusk County; TNRCC ID No. 2010007; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Ali Abazari)
Issue Agreed Order, RM/RH. All Commissioners Agree
Edwards Aquifer Enforcement Agreed Orders
Item 46. Docket No. 1998-1360-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Robert Mayo dba River Bend Ranch Development; Hays County; No TNRCC Permit; for water quality violations pursuant to Texas Water Code Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Eric Reese)
Issue Agreed Order, JB/RM. All Commissioners Agree
Item 47. Docket No. 1998-0591-EAQ-E. Consideration of an Agreed Order assessing administrative penalties of Georgetown Healthcare System, Inc. in Williamson County; 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, JB/RM. All Commissioners Agree
Municipal Solid Waste Enforcement Default Order
Item 48. Docket No. 1998-0048-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of ERD Resource Recovery, Inc. in McLennan County; TNRCC ID No. 12114; for municipal solid 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. (Booker Harrison)
Remand to Executive Director
Landscape Irrigator Installer Enforcement Agreed Order
Item 49. Docket No. 1996-1871-LII-E. Consideration of a Default Order assessing administrative penalties against Garry Hardin in Tarrant County; TNRCC License No . LI0005581; for landscape irrigator installer violations pursuant to Chapter 34 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Nathan Block)
Continued to May 12, 1999
On-Site Installer Enforcement Default Order
Item 50. Docket No. 1998-0205-OSI-E. Consideration of a Default Order assessing administrative violations and requiring certain actions of Ronald Spruiell in Harris County; Enforcement ID No. 12211; 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)
Issue Default Order, JB/RM. All Commissioners Agree
Industrial Hazardous Waste Enforcement Agreed Orders
Item 51. Docket No. 1998-1031-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Witco Corporation in Tarrant County; Solid Waste Registration Number 31107; 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. (Susan Johnson)
Issue Agreed Order, RH/RM. All Commissioners Agree
Item 52. Docket No. 1998-0947-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mirror Industries a.k.a. Finley Investments, Inc. in Harris County; Solid Waste Registration Number 30675; for industrial & hazardous waste violations pursuant to the 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. (Anne Rhyne)
Issue Agreed Order, RH/RM. All Commissioners Agree
Item 53. Docket No. 1998-0131-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Witco Corporation in Tarrant County; Solid Waste Registration Number 31107; 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. (Susan Johnson)
No Action Required, Submitted in Error
Item 54. Docket No. 1998-0625-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Miracle Candle Company in Webb County; TNRCC ID No. 39390; 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. (Mary R. Risner)
Issue Agreed Order, RH/RM. All Commissioners Agree
Item 55. Docket No. 1998-0705-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Environmental Management Services of Texas, Inc. in El Paso County; TNRCC ID No. 85009; 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. (Mary R. Risner)
Issue Agreed Order, RH/RM. All Commissioners Agree
Rules
Item 56. Docket No. 1999-0473-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 106, Exemptions from Permitting, Section 106.494, concerning Pathological Waste Incinerators. The amendments would allow a greater range of setbacks from property lines for exempt pathological waste incinerators used at animal feeding operations. (Beecher Cameron) (Rule Log No. 99001-106-AI)
Approve Publication and Hearing, RM/RH. Baker Absent for Vote
Item 57. Docket No. 1999-0502-RUL. Consideration for the publication of proposed notice of review for 30 TAC Chapter 309, concerning Domestic Wastewater Effluent Limitations and Plant Siting. The review is in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. If approved, the notice of review will be published for comment in the Texas Register. (Santos Olivarez) (Rule Log No. 98081-309-WT)
Approve Publication and Hearing, RM/RH. All Commissioners Agree
Item 58. Docket No. 1999-0501-RUL. Consideration for the publication of proposed notice of review for 30 TAC Chapter 308, concerning Criteria and Standards for the National Pollutant Discharge Elimination System. The review is in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. If approved, the notice of review will be published for comment in the Texas Register. (Santos Olivarez) (Rule Log No. 98078-308-WT)
Approve Publication, RH/JB. All Commissioners Agree
Item 59. Docket No. 1998-1423-RUL. Consideration for adoption of the review and repeal of 30 TAC Chapter 120, Control of Air Pollution from Hazardous Waste or Solid Waste Management Facilities. This review complies 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. The proposed repeal of Chapter 120 was published in the January 29, 1999 issue of the Texas Register (24 TexReg 503). The proposed notice of review was published in the February 5, 1999 issue of the Texas Register (24 TexReg 831). (Barry Irwin) (Rule Log No. 98037-120-AI)
Approve Adoption, RM/RH. All Commissioners Agree
Item 60. Docket No. 1999-0009-RUL. Consideration for readoption of 30 TAC Chapter 12, concerning Payment of Fees. This review complies 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. The proposed notice of review was published in the February 12, 1999 issue of the Texas Register (24 Tex Reg 1004). (Forrest Brooks) (Rule Log No. 98084-012-AD)
Approve Readoption, RM/RH. All Commissioners Agree
Item 61. Docket No. 1998-1336-RUL. Consideration for adoption of the review of 30 TAC Chapter 113, concerning Control of Air Pollution from Toxic Materials. This review complies 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. The proposed notice of review was published in the January 29, 1999, issue of the Texas Register (24 TexReg 608). (Alan Henderson) (Rule Log No. 98032-113-AI)
Approve Adoption, RH/RM. All Commissioners Agree
Item 62. Docket No. 1998-1462-RUL. Consideration for adoption of amendments to the following sections of 30 TAC Chapter 305, concerning Consolidated Permits and 30 TAC Chapter 335, concerning Industrial Solid Waste And Municipal Hazardous Waste; Section 305.50 Additional Requirements for an application for a Hazardous or Industrial Solid Waste Permit; Section 335.9 Record Keeping and Annual Reporting Procedures Applicable to Generators; Section 335.10 Shipping and Reporting Procedures Applicable to Generators of Hazardous Waste or Class 1 Waste and Primary Exporters of Hazardous Waste; Section 335.15 Recordkeeping and Reporting Requirements Applicable to Owners or Operators of Storage, Processing, or Disposal Facilities; Section 335.112 Standards; Section 335.115 Additional Reports; Section 335.117 Recordkeeping and Reporting; Section 335.152 Standards; Section 335.155 Additional Reports; Section 335.159 Hazardous Constituents. Consideration for adoption of the repeal of the following sections of 30 TAC Chapters 305 and 335: Section 305.146 Reporting; Section 335.114 - Reporting Requirements; Section 335.154 Reporting Requirements for Owners and Operators. If adopted, the amendments and repeals would reduce the reporting frequency for hazardous waste storage, processing, and disposal facilities; add an exemption to manifesting; correct a wording error; eliminate two hazardous waste storage, processing, and disposal facility application requirements; and eliminate a redundant reporting requirement. The proposed text was published in the February 5, 1999, issue of the Texas Register (24 TexReg 678). (Wayne Harry/Kelly Mego) (Rule Log No. 98024-335-WS)
Approve adoption of amendments and repeals, RH/JB. All Commissioners Agree
Item 63. Docket No. 1999-0508-RUL. Consideration of a petition for rulemaking for amendments to 30 TAC Chapter 106, Exemptions from Permitting, 106.496, concerning trench burners. The petition requests that the commission initiate rulemaking to move the responsibility for site approval of trench burners from the Austin Office to the regional offices. (Terry Leifeste) (Rule Log No. 99016-106-AI)
Deny petition for rulemaking, JB/RH. All Commissioners Agree
EXECUTIVE SESSION
Item 64. 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 65. 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
(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, April 28, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 66. Docket No. 1998-0396-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of DeKalb Swine Breeders, Inc. in Hockley County; TNRCC ID No. 02252; for water quality 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/RH. All Commissioners Agree


AGENDA

Wednesday, April 28, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg. E

12100 Park 35 Circle

Item 1. SOAH Docket No. 582-97-0570; TNRCC Docket No. 96-1373-WR. Consideration of the Administrative Law Judge's Proposal for Decision and order concerning the application of the City of San Marcos to use the bed and banks of the San Marcos River to transport annually 10,081 acre-feet of treated effluent derived from Edwards Aquifer groundwater in Hays County, Texas. Recommendation: Administrative Law Judge recommends that the application be granted.
Adopt Administrative Law Judge's Proposal for Decision and order with changes as noted and strike Finding of Fact #15, RM/RH. All Commissioners Agree


ADDENDUM TO AGENDA

Wednesday, April 28, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 2. SOAH Docket No. 582-98-1699; TNRCC Docket No. 1997-0963-PST-E. Administrative Law Judge's Proposal for Decision and Order against Jimmy Smith for alleged violations of Commission rules and provisions of the Texas Water Code at Respondent's facility located in Stamford, Jones County, Texas.
Adopt Proposal for Decision and Issue Order with changes, and allow applicant to file within 30 days the necessary paperwork to show his inability to pay, JB/RH. All Commissioners Agree